Common use of Site and Environmental Data Clause in Contracts

Site and Environmental Data. (a) Seller agrees to provide to NYSERDA, upon XXXXXXX’s request,make publicly available any information or data and supporting metadata that is developed in furtherance of the Selected Project and relates to environmental characteristics, or use by wildlife, of any offshore, nearshore or onshore areas, as well as any data sponsored or developed by Seller relating to the potential impacts of the construction, operation, or decommissioning of the Selected Project on the environment and wildlife of such areas (separately and collectively, “Site and Environmental Data”). Data typically classified as proprietary, such as met-ocean data and geophysical/geotechnical data, will not be considered Site and Environmental Data for purposes of this Section 12.07. (b) Seller shall provide NYSERDA, within ninety (90) days of the Effective Date, a “Data Management and Availability Plan” detailing when and how previously-collected Site and Environmental Data will be made available, and how new Site and Environmental Data will be made available on an ongoing basis as soon after collection as is practicable for use by third parties in decision-making around adaptive management. The data availability plan must follow the guidelines in Wildlife Data Standardization and Sharing: Environmental Data Transparency for New York State Offshore Wind Development.12 Seller further agrees, upon NYSERDA’s request, to make Site and Environmental Data publicly available on an ongoing basis as soon after collection as is practicable. Data that Seller, a third party that Seller has consulted as part of the environmental review process or in the course of developing its fisheries mitigation plan, or a regulatory authority deems proprietary or confidential business information, or otherwise is inappropriate for disclosure (such as cultural resource survey results, wind resource data, Metocean data and geophysical/geotechnical data), or that Seller has received subject to a non-disclosure agreement, will not be considered Site and Environmental Data for purposes of this Section..[1] The Data Availability Plan must include a list of relevant data expected to be collected with commitments to submit raw data to appropriate database(s) as soon as feasible, but not more than two (2) years. All data should include comprehensive metadata using Federal Geographic Data Committee standards, or others, as appropriate. After consultation with NYSERDA, updates to the Data Availability Plan shall be submitted with quarterly progress reports required by Section 6.02. (c) Real- or near real-time reporting of marine mammal sighting and detections may be required and the timing of the availability of other data will be determined through consultations with DOS, DEC or NYSERDA, either individually or as a group. Other environmental data must be made available by the Seller as soon after collection as is reasonable, on an ongoing and routine basis as appropriate to the collection method and as discussed with DOS, DEC, NYDPS, or NYSERDA, either individually or as a group. (d) Seller may choose to use existing publicly accessible data repositories and/or developer sponsored websites as venues to host the data and metadata. The intention of this requirement is to allow independent data users the opportunity to develop an understanding of the environmental characteristics of potential offshore wind energy development areas, including areas within which Selected Projects may be located, and to independently assess the impacts of offshore wind energy development on those characteristics in a timely manner. Site and Environmental Data includes information that Seller develops before, during, and after the ORECRFP22-1 process, and includes, but is not limited to, information relating to the following topics: (i) air quality and emissions; (ii) water quality; (iii) fish and fish habitats; (iv) birds and bats; (v) marine mammals and sea turtles; and (vi) benthic communities. (e) Seller agrees to (i) not unreasonably withhold site accessibility (including vessels buoys and other structures) for the advancement of third-party scientific and technological study, including installation of cellular capabilities, near-real time data sharing functionality, power sources for platform or benthic monitoring equipment, weather reporting equipment for increased navigational safety, use of other navigational aids beyond current regulations (such as AIS) and environmental sensors and (ii) work with state, federal and other stakeholders to assess the most appropriate means of third-party scientific monitoring plan development and implementation including addressing potential health and safety requirements. (f) Upon commissioning of the Selected Project, Xxxxxx agrees to make commercially reasonable efforts to work with NYSERDA to validate a final accounting of the Selected Project’s (i) carbon footprint and (ii) energy and carbon payback periods. Seller further agrees to public disclosure of NYSERDA's determination of the Selected Project's carbon footprint, and energy and carbon payback periods.

Site and Environmental Data. (a) Seller agrees to provide to NYSERDA, upon XXXXXXX’s request,make publicly available any information or data and supporting metadata that is developed in furtherance of the Selected Project and relates to environmental characteristics, or use by wildlife, of any offshore, nearshore or onshore areas, as well as any data sponsored or developed by Seller relating to the potential impacts of the construction, operation, or decommissioning of the Selected Project on the environment and wildlife of such areas (separately and collectively, “Site and Environmental Data”). Data typically classified as proprietary, such as met-ocean data and geophysical/geotechnical data, will not be considered Site and Environmental Data for purposes of this Section 12.07. (b) . Seller shall provide NYSERDA, within ninety (90) days of the Effective Date, a “Data Management and Availability Plan” detailing when and how previously-collected Site and Environmental Data will be made available, and how new Site and Environmental Data will be made available on an ongoing basis as soon after collection as is practicable for use by third parties in decision-making around adaptive management. The data availability plan must follow the guidelines in Wildlife Data Standardization and Sharing: Environmental Data Transparency for New York State Offshore Wind Development.12 Seller further agrees, upon NYSERDA’s request, to make Site and Environmental Data publicly available on an ongoing basis as soon after collection as is practicable. Data that Seller, a third party that Seller has consulted as part of the environmental review process or in the course of developing its fisheries mitigation plan, or a regulatory authority deems proprietary or confidential business information, or otherwise is inappropriate for disclosure (such as cultural resource survey results, wind resource data, Metocean data and geophysical/geotechnical data), or that Seller has received subject to a non-disclosure agreement, will not be considered Site and Environmental Data for purposes of this Section..[1Development.[1] The Data Availability Plan must include a list of relevant data expected to be collected with commitments to submit raw data to appropriate database(s) as soon as feasible, but not more than two (2) years. All data should include comprehensive metadata using Federal Geographic Data Committee standards, or others, as appropriate. After consultation with NYSERDA, updates to the Data Availability Plan shall be submitted with quarterly progress reports required by Section 6.02. (c) . Real- or near real-time reporting of marine mammal sighting and detections may be required and the timing of the availability of other data will be determined through consultations with DOS, DEC or NYSERDA, either individually or as a group. Other environmental data must be made available by the Seller as soon after collection as is reasonable, on an ongoing and routine basis as appropriate to the collection method and as discussed with DOS, DEC, NYDPS, or NYSERDA, either individually or as a group. (d) . Seller may choose to use existing publicly accessible data repositories and/or developer sponsored websites as venues to host the data and metadata. The intention of this requirement is to allow independent data users the opportunity to develop an understanding of the environmental characteristics of potential offshore wind energy development areas, including areas within which Selected Projects may be located, and to independently assess the impacts of offshore wind energy development on those characteristics in a timely manner. Site and Environmental Data includes information that Seller develops before, during, and after the ORECRFP22-1 process, and includes, but is not limited to, information relating to the following topics: (i) air quality and emissions; (ii) water quality; (iii) fish and fish habitats; (iv) birds and bats; (v) marine mammals and sea turtles; and (vi) benthic communities. (e) . Seller agrees to (i) not unreasonably withhold site accessibility (including vessels buoys and other structures) for the advancement of third-party scientific and technological study, including installation of cellular capabilities, near-real time data sharing functionality, power sources for platform or benthic monitoring equipment, weather reporting equipment for increased navigational safety, use of other navigational aids beyond current regulations (such as AIS) and environmental sensors and (ii) work with state, federal and other stakeholders to assess the most appropriate means of third-party scientific monitoring plan development and implementation including addressing potential health and safety requirements. (f) . Upon commissioning of the Selected Project, Xxxxxx agrees to make commercially reasonable efforts to work with NYSERDA to validate a final accounting of the Selected Project’s (i) carbon footprint and (ii) energy and carbon payback periods. Seller further agrees to public disclosure of NYSERDA's determination of the Selected Project's carbon footprint, and energy and carbon payback periods.

Site and Environmental Data. (a) Seller agrees to provide to NYSERDA, upon XXXXXXX’s request,make publicly available any information or data and supporting metadata that is developed in furtherance of the Selected Project and relates to environmental characteristics, or use by wildlife, of any offshore, nearshore or onshore areas, as well as any data sponsored or developed by Seller relating to the potential impacts of the construction, operation, or decommissioning of the Selected Project on the environment and wildlife of such areas (separately and collectively, “Site and Environmental Data”). Data typically classified as proprietary, such as met-ocean data and geophysical/geotechnical data, will not be considered Site and Environmental Data for purposes of this Section 12.07. (b) Seller shall provide NYSERDA, within ninety (90) days of the Effective Date, a “Data Management and Availability Plan” detailing when and how previously-collected Site and Environmental Data will be made available, and how new Site and Environmental Data will be made available on an ongoing basis as soon after collection as is practicable for use by third parties in decision-making around adaptive management. The data availability plan must follow the guidelines in Wildlife Data Standardization and Sharing: Environmental Data Transparency for New York State Offshore Wind Development.12 Seller further agrees, upon NYSERDA’s request, to make Site and Environmental Data publicly available on an ongoing basis as soon after collection as is practicable. Data that Seller, a third party that Seller has consulted as part of the environmental review process or in the course of developing its fisheries mitigation plan, or a regulatory authority deems proprietary or confidential business information, or otherwise is inappropriate for disclosure (such as cultural resource survey results, wind resource data, Metocean data and geophysical/geotechnical data), or that Seller has received subject to a non-disclosure agreement, will not be considered Site and Environmental Data for purposes of this Section..[1Development.[1] The Data Availability Plan must include a list of relevant data expected to be collected with commitments to submit raw data to appropriate database(s) as soon as feasible, but not more than two (2) years. All data should include comprehensive metadata using Federal Geographic Data Committee standards, or others, as appropriate. After consultation with NYSERDA, updates to the Data Availability Plan shall be submitted with quarterly progress reports required by Section 6.02. (c) Real- or near real-time reporting of marine mammal sighting and detections may be required and the timing of the availability of other data will be determined through consultations with DOS, DEC or NYSERDA, either individually or as a group. Other environmental data must be made available by the Seller as soon after collection as is reasonable, on an ongoing and routine basis as appropriate to the collection method and as discussed with DOS, DEC, NYDPS, or NYSERDA, either individually or as a group. (d) Seller may choose to use existing publicly accessible data repositories and/or developer sponsored websites as venues to host the data and metadata. The intention of this requirement is to allow independent data users the opportunity to develop an understanding of the environmental characteristics of potential offshore wind energy development areas, including areas within which Selected Projects may be located, and to independently assess the impacts of offshore wind energy development on those characteristics in a timely manner. Site and Environmental Data includes information that Seller develops before, during, and after the ORECRFP22ORECRFP23-1 process, and includes, but is not limited to, information relating to the following topics: (i) air quality and emissions; (ii) water quality; (iii) fish and fish habitats; (iv) birds and bats; (v) marine mammals and sea turtles; and (vi) benthic communities. (e) Seller agrees to (i) not unreasonably withhold site accessibility (including vessels buoys and other structures) for the advancement of third-party scientific and technological study, including installation of cellular capabilities, near-real time data sharing functionality, power sources for platform or benthic monitoring equipment, weather reporting equipment for increased navigational safety, use of other navigational aids beyond current regulations (such as AIS) and environmental sensors and (ii) work with state, federal and other stakeholders to assess the most appropriate means of third-party scientific monitoring plan development and implementation including addressing potential health and safety requirements. (f) Upon commissioning of the Selected Project, Xxxxxx agrees to make commercially reasonable efforts to work with NYSERDA to validate a final accounting of the Selected Project’s (i) carbon footprint and (ii) energy and carbon payback periods. Seller further agrees to public disclosure of NYSERDA's determination of the Selected Project's carbon footprint, and energy and carbon payback periods.;

Site and Environmental Data. (a) Seller agrees to provide to NYSERDA, upon XXXXXXXNYSERDA’s request,make publicly available , any information or data and supporting metadata that is developed in furtherance of the Selected Project and relates to environmental characteristics, or use by wildlife, of any offshore, nearshore or onshore areas, as well as any data sponsored or developed by Seller relating to the potential impacts of the construction, operation, or decommissioning of the Selected Project on the environment and wildlife of such areas (separately and collectively, “Site and Environmental Data”). Data typically classified as proprietary, such as met-ocean data and geophysical/geotechnical data, will not be considered Site and Environmental Data for purposes of this Section 12.07. (b) Seller shall provide NYSERDA, within ninety (90) 120 days of the Effective Date, a “Data Management and Availability Plan” Plan detailing when and how previously-collected Site and Environmental Data will be made available, and how new Site and Environmental Data will be made available on an ongoing basis as soon after collection as is practicable for use by third parties in decision-making around adaptive managementbasis. The data availability plan must follow the guidelines in Wildlife Data Standardization and Sharing: Environmental Data Transparency for New York State Offshore Wind Development.12 Seller further agrees, upon NYSERDAXXXXXXX’s request, to make Site and Environmental Data publicly available on an ongoing basis as soon after collection as is practicable. Data that Seller, a third party that Seller has consulted as part of the environmental review process or in the course of developing its fisheries mitigation plan, or a regulatory authority deems proprietary or confidential business information, or otherwise is inappropriate for disclosure (such as cultural resource survey results, wind resource data, Metocean data and geophysical/geotechnical data), or that Seller has received subject to a non-disclosure agreement, will not be considered Site and Environmental Data for purposes of this Section..[1] The Data Availability Plan must include a list of relevant data expected to be collected with commitments to submit raw data to appropriate database(s) as soon as feasible, but not more than two (2) years. All data should include comprehensive metadata using Federal Geographic Data Committee standards, or others, as appropriate. After consultation with NYSERDA, updates to the Data Availability Plan shall be submitted with quarterly progress reports required by Section 6.02. (c) Real- or near real-time reporting of marine mammal sighting and detections may be required and the timing of the availability of other data will be determined through consultations with DOS, DEC or NYSERDA, either individually or as a group. Other environmental data must be made available by the Seller as soon after collection as is reasonable, on an ongoing and routine basis as appropriate to the collection method and as discussed with DOS, DEC, NYDPS, or NYSERDA, either individually or as a group. (d) Seller may choose to use existing publicly accessible data repositories and/or developer sponsored websites as venues to host the data and metadata. The intention of this requirement is to allow independent data users the opportunity to develop an understanding of the environmental characteristics of potential offshore wind energy development areas, including areas within which Selected Projects may be located, and to independently assess the impacts of offshore wind energy development on those characteristics in a timely manner. Site and Environmental Data includes information that Seller develops before, during, and after the ORECRFP22-1 process, and includes, but is not limited to, information relating to the following topics: (i) air quality and emissions; (ii) water quality; (iii) fish and fish habitats; (iv) birds and bats; (v) marine mammals and sea turtles; and (vi) benthic communities. (e) Seller agrees to (i) not unreasonably withhold site accessibility (including vessels buoys and other structures) for the advancement of third-party scientific and technological study, including installation of cellular capabilities, near-real time data sharing functionality, power sources for platform or benthic monitoring equipment, weather reporting equipment for increased navigational safety, use of other navigational aids beyond current regulations (such as AIS) and environmental sensors and (ii) work with state, federal and other stakeholders to assess the most appropriate means of third-party scientific monitoring plan development and implementation including addressing potential health and safety requirements. (fb) Upon commissioning of the Selected Project, Xxxxxx agrees to make commercially reasonable efforts to work with NYSERDA to validate a final accounting of the Selected Project’s (i) carbon footprint and (ii) energy and carbon payback periods. Seller further agrees to public disclosure of NYSERDA's determination of the Selected Project's carbon footprint, and energy and carbon payback periods.

Site and Environmental Data. (a) Seller agrees to provide to NYSERDA, upon XXXXXXXNYSERDA’s request,make publicly available , any information or data and supporting metadata that is developed in furtherance of the Selected Project and relates to environmental characteristics, or use by wildlife, of any offshore, nearshore or onshore areas, as well as any data sponsored or developed by Seller relating to the potential impacts of the construction, operation, or decommissioning of the Selected Project on the environment and wildlife of such areas (separately and collectively, “Site and Environmental Data”). Data typically classified as proprietary, such as met-ocean data and geophysical/geotechnical data, will not be considered Site and Environmental Data for purposes of this Section 12.07. (b) Seller shall provide NYSERDA, within ninety (90) days of the Effective Date, a “Data Management and Availability Plan” detailing when and how previously-collected Site and Environmental Data will be made available, and how new Site and Environmental Data will be made available on an ongoing basis as soon after collection as is practicable for use by third parties in decision-making around adaptive management. The data availability plan must follow the guidelines in Wildlife Data Standardization and Sharing: Environmental Data Transparency for New York State Offshore Wind Development.12 Seller further agrees, upon NYSERDA’s request, to make Site and Environmental Data publicly available on an ongoing basis as soon after collection as is practicable. Data that Seller, a third party that Seller has consulted as part of the environmental review process or in the course of developing its fisheries mitigation plan, or a regulatory authority deems proprietary or confidential business information, or otherwise is inappropriate for disclosure (such as cultural resource survey results, wind resource data, Metocean data and geophysical/geotechnical data), or that Seller has received subject to a non-disclosure agreement, will not be considered Site and Environmental Data for purposes of this Section..[1] The Data Availability Plan must include a list of relevant data expected to be collected with commitments to submit raw data to appropriate database(s) as soon as feasible, but not more than two (2) years. All data should include comprehensive metadata using Federal Geographic Data Committee standards, or others, as appropriate. After consultation with NYSERDA, updates to the Data Availability Plan shall be submitted with quarterly progress reports required by Section 6.02. (c) Real- or near real-time reporting of marine mammal sighting and detections may be required and the timing of the availability of other data will be determined through consultations with DOS, DEC or NYSERDA, either individually or as a group. Other environmental data must be made available by the Seller as soon after collection as is reasonable, on an ongoing and routine basis as appropriate to the collection method and as discussed with DOS, DEC, NYDPS, or NYSERDA, either individually or as a group. (d) Seller may choose to use existing publicly accessible data repositories and/or developer sponsored websites as venues to host the data and metadata. The intention of this requirement is to allow independent data users the opportunity to develop an understanding of the environmental characteristics of potential offshore wind energy development areas, including areas within which Selected Projects may be located, and to independently assess the impacts of offshore wind energy development on those characteristics in a timely manner. Site and Environmental Data includes information that Seller develops before, during, and after the ORECRFP22-1 process, and includes, but is not limited to, information relating to the following topics: (i) air quality and emissions; (ii) water quality; (iii) fish and fish habitats; (iv) birds and bats; (v) marine mammals and sea turtles; and (vi) benthic communities. (e) Seller agrees to (i) not unreasonably withhold site accessibility (including vessels buoys and other structures) for the advancement of third-party scientific and technological study, including installation of cellular capabilities, near-real time data sharing functionality, power sources for platform or benthic monitoring equipment, weather reporting equipment for increased navigational safety, use of other navigational aids beyond current regulations (such as AIS) and environmental sensors and (ii) work with state, federal and other stakeholders to assess the most appropriate means of third-party scientific monitoring plan development and implementation including addressing potential health and safety requirements. (fb) Upon commissioning of the Selected Project, Xxxxxx agrees to make commercially reasonable efforts to work with NYSERDA to validate a final accounting of the Selected Project’s (i) carbon footprint and (ii) energy and carbon payback periods. Seller further agrees to public disclosure of NYSERDA's determination of the Selected Project's carbon footprint, and energy and carbon payback periods.

Site and Environmental Data. (a) Seller agrees to provide to NYSERDA, upon XXXXXXX’s request,make publicly available any information or data and supporting metadata that is developed in furtherance of the Selected Project and relates to environmental characteristics, or use by wildlife, of any offshore, nearshore or onshore areas, as well as any data sponsored or developed by Seller relating to the potential impacts of the construction, operation, or decommissioning of the Selected Project on the environment and wildlife of such areas (separately and collectively, “Site and Environmental Data”). Data typically classified as proprietary, such as met-ocean data and geophysical/geotechnical data, will not be considered Site and Environmental Data for purposes of this Section 12.07. (b) . Seller shall provide NYSERDA, within ninety (90) days of the Effective Date, a “Data Management and Availability Plan” detailing when and how previously-collected Site and Environmental Data will be made available, and how new Site and Environmental Data will be made available on an ongoing basis as soon after collection as is practicable for use by third parties in decision-making around adaptive management. The data availability plan must follow the guidelines in Wildlife Data Standardization and Sharing: Environmental Data Transparency for New York State Offshore Wind Development.12 Seller further agrees, upon NYSERDA’s request, to make Site and Environmental Data publicly available on an ongoing basis as soon after collection as is practicable. Data that Seller, a third party that Seller has consulted as part of the environmental review process or in the course of developing its fisheries mitigation plan, or a regulatory authority deems proprietary or confidential business information, or otherwise is inappropriate for disclosure (such as cultural resource survey results, wind resource data, Metocean data and geophysical/geotechnical data), or that Seller has received subject to a non-disclosure agreement, will not be considered Site and Environmental Data for purposes of this Section..[1Development.[1] The Data Availability Plan must include a list of relevant data expected to be collected with commitments to submit raw data to appropriate database(s) as soon as feasible, but not more than two (2) years. All data should include comprehensive metadata using Federal Geographic Data Committee standards, or others, as appropriate. After consultation with NYSERDA, updates to the Data Availability Plan shall be submitted with quarterly progress reports required by Section 6.02. (c) . Real- or near real-time reporting of marine mammal sighting and detections may be required and the timing of the availability of other data will be determined through consultations with DOS, DEC or NYSERDA, either individually or as a group. Other environmental data must be made available by the Seller as soon after collection as is reasonable, on an ongoing and routine basis as appropriate to the collection method and as discussed with DOS, DEC, NYDPS, or NYSERDA, either individually or as a group. (d) . Seller may choose to use existing publicly accessible data repositories and/or developer sponsored websites as venues to host the data and metadata. The intention of this requirement is to allow independent data users the opportunity to develop an understanding of the environmental characteristics of potential offshore wind energy development areas, including areas within which Selected Projects may be located, and to independently assess the impacts of offshore wind energy development on those characteristics in a timely manner. Site and Environmental Data includes information that Seller develops before, during, and after the ORECRFP22ORECRFP23-1 process, and includes, but is not limited to, information relating to the following topics: (i) air quality and emissions; (ii) water quality; (iii) fish and fish habitats; (iv) birds and bats; (v) marine mammals and sea turtles; and (vi) benthic communities. (e) . Seller agrees to (i) not unreasonably withhold site accessibility (including vessels buoys and other structures) for the advancement of third-party scientific and technological study, including installation of cellular capabilities, near-real time data sharing functionality, power sources for platform or benthic monitoring equipment, weather reporting equipment for increased navigational safety, use of other navigational aids beyond current regulations (such as AIS) and environmental sensors and (ii) work with state, federal and other stakeholders to assess the most appropriate means of third-party scientific monitoring plan development and implementation including addressing potential health and safety requirements. (f) . Upon commissioning of the Selected Project, Xxxxxx agrees to make commercially reasonable efforts to work with NYSERDA to validate a final accounting of the Selected Project’s (i) carbon footprint and (ii) energy and carbon payback periods. Seller further agrees to public disclosure of NYSERDA's determination of the Selected Project's carbon footprint, and energy and carbon payback periods.

Site and Environmental Data. (a) Seller agrees to provide to NYSERDA, upon XXXXXXXNYSERDA’s request,make publicly available , any information or data and supporting metadata that is developed in furtherance of the Selected Project and relates to environmental characteristics, or use by wildlife, of any offshore, nearshore or onshore areas, as well as any data sponsored or developed by Seller relating to the potential impacts of the construction, operation, or decommissioning of the Selected Project on the environment and wildlife of such areas (separately and collectively, “Site and Environmental Data”). Data typically classified as proprietary, such as met-ocean data and geophysical/geotechnical data, will not be considered Site and Environmental Data for purposes of this Section 12.07. (b) Seller shall provide NYSERDA, within ninety (90) 120 days of the Effective Date, a “Data Management and Availability Plan” Plan detailing when and how previously-collected Site and Environmental Data will be made available, and how new Site and Environmental Data will be made available on an ongoing basis as soon after collection as is practicable for use by third parties in decision-making around adaptive managementbasis. The data availability plan must follow the guidelines in Wildlife Data Standardization and Sharing: Environmental Data Transparency for New York State Offshore Wind Development.12 Seller further agrees, upon NYSERDA’s request, to make Site and Environmental Data publicly available on an ongoing basis as soon after collection as is practicable. Data that Seller, a third party that Seller has consulted as part of the environmental review process or in the course of developing its fisheries mitigation plan, or a regulatory authority deems proprietary or confidential business information, or otherwise is inappropriate for disclosure (such as cultural resource survey results, wind resource data, Metocean data and geophysical/geotechnical data), or that Seller has received subject to a non-disclosure agreement, will not be considered Site and Environmental Data for purposes of this Section..[1] The Data Availability Plan must include a list of relevant data expected to be collected with commitments to submit raw data to appropriate database(s) as soon as feasible, but not more than two (2) years. All data should include comprehensive metadata using Federal Geographic Data Committee standards, or others, as appropriate. After consultation with NYSERDA, updates to the Data Availability Plan shall be submitted with quarterly progress reports required by Section 6.02. (c) Real- or near real-time reporting of marine mammal sighting and detections may be required and the timing of the availability of other data will be determined through consultations with DOS, DEC or NYSERDA, either individually or as a group. Other environmental data must be made available by the Seller as soon after collection as is reasonable, on an ongoing and routine basis as appropriate to the collection method and as discussed with DOS, DEC, NYDPS, or NYSERDA, either individually or as a group. (d) Seller may choose to use existing publicly accessible data repositories and/or developer sponsored websites as venues to host the data and metadata. The intention of this requirement is to allow independent data users the opportunity to develop an understanding of the environmental characteristics of potential offshore wind energy development areas, including areas within which Selected Projects may be located, and to independently assess the impacts of offshore wind energy development on those characteristics in a timely manner. Site and Environmental Data includes information that Seller develops before, during, and after the ORECRFP22-1 process, and includes, but is not limited to, information relating to the following topics: (i) air quality and emissions; (ii) water quality; (iii) fish and fish habitats; (iv) birds and bats; (v) marine mammals and sea turtles; and (vi) benthic communities. (e) Seller agrees to (i) not unreasonably withhold site accessibility (including vessels buoys and other structures) for the advancement of third-party scientific and technological study, including installation of cellular capabilities, near-real time data sharing functionality, power sources for platform or benthic monitoring equipment, weather reporting equipment for increased navigational safety, use of other navigational aids beyond current regulations (such as AIS) and environmental sensors and (ii) work with state, federal and other stakeholders to assess the most appropriate means of third-party scientific monitoring plan development and implementation including addressing potential health and safety requirements. (fb) Upon commissioning of the Selected Project, Xxxxxx Seller agrees to make commercially reasonable efforts to work with NYSERDA to validate a final accounting of the Selected Project’s (i) carbon footprint and (ii) energy and carbon payback periods. Seller further agrees to public disclosure of NYSERDA's determination of the Selected Project's carbon footprint, and energy and carbon payback periods.