Common use of AREAS OF USE Clause in Contracts

AREAS OF USE. 4.1 The designated areas of use and percentage of annual use for the Grant Equipment under each Activity are listed below. Activit y Austin Area Beaumont- Corpus Dallas-Fort E l Paso Houston- San ▇▇▇▇▇▇▇ ▇▇▇▇▇- ▇▇▇▇▇▇▇ a mimber Port ▇▇▇▇▇▇ ▇▇▇▇▇▇ i Worth Area Area Galveston- Area Longview Area Area Area Brazoria Area Area OCl n/a n/a r./a 2 005 r./a n/a r./a n/a n/a 4.2 The PERFORMING PARTY agrees that, unless otherwise specified in the Special Conditions of this Agreement, achievement of the NOx emissions reductions required fbr successful performance underthis agreement includes operation ofthe Grant Equipment over the Activity Life forthe percentage of annual use in the eligible counties where a percentage of use is listed in Section 4.1 ofthis Article. The PERFORMING PARTY is not required to operate the Grant Equipment forthe specific percentages listed for each individual area, provided that the operation ofthe Grant Equipment meets the total percentage of annual use in all specified areas where a percentage is listed. Operation ofthe Grant Equipment in the areas without a percentage of use listed (marked n/a) may not count towards the total combined percentage of annual use unless authorized by the TCEQ, either through amendment ofthis Scope ofWork or other authorization. 4.3 Regardless of the usage percentages fbr each Activity, the Grant Equipment must be operated at least 75% of Annual Usage in the designated eligible counties. These minimum percentage-of-use requirements are in addition to the requirements in Section 4.2 ofthis Article. 4.4 The eligible counties included in the areas identified in Section 4.1 of this Articie are listed below.

AREAS OF USE. 4.1 The designated areas of use and percentage of annual use for fbr the Grant Equipment under each Activity are listed below. Activit y Austin Area Beaumont- Corpus Dallas-Fort E l Paso Houston- San ▇▇▇▇▇▇▇ ▇▇▇▇▇- ▇▇▇▇▇▇▇ a mimber Number Port ▇▇▇▇▇▇ ▇▇▇▇▇▇ i Worth Area Area Galveston- Area Longview Area Area Area Brazoria Area Area OCl 001 n/a n/a r./a 2 005 r./a n/a r./a n/a n/a 100% n/a n/a n/a 4.2 The PERFORMING PARTY agrees that, unless otherwise specified in the Special Conditions of this Agreement, achievement of the NOx emissions reductions required fbr for successful performance underthis under this agreement includes operation ofthe of the Grant Equipment over the Activity Life forthe fbr the percentage of annual use in the eligible counties where a percentage of use is listed in Section 4.1 ofthis of this Article. The PERFORMING PARTY is not required to operate the Grant Equipment forthe specific for the spedfic percentages listed for fbr each individual area, provided that the operation ofthe Grant Equipment meets the total percentage of annual use in all specified areas where a percentage is listed. Operation ofthe of the Grant Equipment in the areas without a percentage of use listed (marked n/a) may not count towards the total combined percentage of annual use unless authorized by the TCEQ, either through amendment ofthis Scope ofWork or other authorization. 4.3 Regardless of the usage percentages fbr each Activity, the Grant Equipment must be operated at least 75% of Annual Usage in the designated eligible counties. These minimum percentage-of-use requirements are in addition to the requirements in Section 4.2 ofthis Article. 4.4 The eligible counties included in the areas identified in Section 4.1 of this Articie Article are listed below.

AREAS OF USE. 4.1 The designated areas of use and and-percentage of annual use for fbr the Grant Equipment under each Activity are listed below. Activit y Austin Area Beaumont- Corpus Dallas-Fort E l Paso Houston- San ▇▇▇▇▇▇▇ ▇▇▇▇▇- ▇▇▇▇▇▇▇ a mimber Port ▇▇▇▇▇▇ ▇▇▇▇▇▇ i Worth Area Area Galveston- Area Longview Area Area Area Brazoria Area Area OCl n/a n/a r./a 2 005 r./a n/a r./a n/a n/a. 4.2 The PERFORMING PARTY agrees that, unless otherwise ▇▇▇▇▇▇▇▇▇ specified in the Special Conditions of this Agreement, achievement of the NOx emissions reductions required fbr successful performance underthis perfomnance under this agreement includes operation ofthe of the Grant Equipment over the Activity Life forthe fbr the percentage of annual use in the eligible counties where a percentage of use is listed in Section 4.1 ofthis of this Article. The PERFORMING PARTY is not required to operate the Grant Equipment forthe fbr the specific percentages listed for fbr each individual area, provided that the operation ofthe Grant Equipment meets the total percentage of annual use in all specified areas where a percentage is listed. Operation ofthe Grant Equipment in the areas without a percentage of use listed (marked n/a) may not count towards the total combined percentage of annual use unless authorized by the TCEQ, either through amendment ofthis of this Scope ofWork of Work or other authorization. 4.3 Regardless of the ofthe usage percentages fbr each Activity, the Grant Equipment must be operated at least 75% of Annual Usage in the designated eligible counties. These minimum percentage-of-use requirements are in addition to the requirements in Section 4.2 ofthis Article. 4.4 The eligible counties included in the areas identified in Section 4.1 of this Articie Article are listed below.

AREAS OF USE. 4.1 The designated areas of use and percentage of annual use for fbr the Grant Equipment under each Activity are listed below. Activit y Activity Nuinber Austin Area Beaumont- Corpus Dallas-Fort E l Paso Houston- San ▇▇▇▇▇▇▇ ▇▇▇▇▇- ▇▇▇▇▇▇▇ a mimber Port ▇▇▇▇▇▇ Area Corpus ▇▇▇▇▇▇ i Area - Dallas-Fort Worth Area BI Paso Area Houston- Galveston- Brazoria Area San Antonio Area Tyler- Longview Area Victori a Area Area Brazoria Area Area OCl 001 n/a n/a r./a 2 005 r./a n/a r./a 80% n/a 15% n/a n/a n/a 4.2 The PERFORMING PARTY agrees that, unless otherwise specified in the .the Special Conditions of this Agreement, achievement of the NOx emissions reductions required fbr for successful performance underthis under this agreement includes operation ofthe of the Grant Equipment over the Activity Life forthe fbr the percentage of annual use in the eligible counties where a percentage of use is listed in Section 4.1 ofthis of this Article. The PERFORMING PARTY is not required to operate the Grant Equipment forthe for the specific percentages listed for each individual area, provided that the operation ofthe Grant Equipment meets the total percentage of annual use in all specified areas where a percentage is listed. Operation ofthe Grant Equipment in the areas without a percentage of use listed (marked n/a) may not count towards the total combined percentage of annual use unless authorized by the TCEQ, either through amendment ofthis of this Scope ofWork of Work or other authorization. 4.3 Regardless of the usage percentages fbr for each Activity, the Grant Equipment must be operated at least 75% of Annual Usage in a combination of the designated eligible countiescounties and eligible roadways. These minimum percentage-of-use requirements are in addition to the requirements in Section 4.2 ofthis Article.. TERP ▇▇▇▇ ▇▇▇▇▇ Contract Number 582-16-64070-0440 27 4.4 The eligible counties included in the areas identified in Section 4.1 of this Articie Article are listed belowbeiow.

AREAS OF USE. 4.1 3.1 The designated areas of use and percentage of annual use for the Grant Equipment under each the Activity are listed below. Activit y Activity • Number Austin Area Beaumont- Corpus DallasBeaumont-Fort E l Paso Houston- San ▇▇▇▇▇▇▇ ▇▇▇▇▇- ▇▇▇▇▇▇▇ a mimber Port ▇▇▇▇▇▇ ▇▇▇▇▇▇ i Area Corpus Christi -Area Dallas-Fort Worth Area El Paso Area Houston-Galveston- Brazoria Area San Antonio Area Tyler-Longview Area Victoria Area Area Brazoria Area Area OCl 001 n/a n/a r./a 2 005 r./a n/a r./a 95iir. n/a n/a 4.2 a n/a n/a n/a 3.2 The PERFORMING PARTY agrees that, unless otherwise olhcrwise specified in the Special Conditions of this Agreement, achievement of the NOx emissions reductions reduclions required fbr for successful performance underthis under this agreement includes operation ofthe of the Grant Equipment over the Ihe Activity Life forthe for the percentage of annual use in the eligible eUgible counties where a percentage of use is listed in Section 4.1 ofthis 3.1 of this Article. The PERFORMING PARTY is not required to operate the Grant Equipment forthe for the specific percentages listed for each individual area, provided that the operation ofthe of the Grant Equipment meets the total percentage of annual use in all specified areas where a percentage is listed. Operation ofthe of the Grant Equipment in the areas without a percentage of use listed (marked n/a) may not count towards the total combined percentage of annual use unless authorized by the TCEQ, either through amendment ofthis of this Scope ofWork of Work or other authorization. 4.3 Regardless of the usage percentages fbr each Activity, the Grant Equipment must be operated at least 75% of Annual Usage in the designated eligible counties. These minimum percentage-of-use requirements are in addition to the requirements in Section 4.2 ofthis Article. 4.4 The eligible counties included in the areas identified in Section 4.1 of this Articie are listed below.

AREAS OF USE. 4.1 3.1 The designated areas of use and percentage of annual use for the Grant Equipment under each Activity imder the Activily are listed below. Activit y Activity Number Austin Area Beaumont- Corpus DallasBeaumont-Fort E l Paso Houston- San ▇▇▇▇▇▇▇ ▇▇▇▇▇- ▇▇▇▇▇▇▇ a mimber Port ▇▇▇▇▇▇ ▇▇▇▇▇▇ i Area Corpus Christi Area DaUas-Fort Worth Area EI Paso Area Houston-Galveston- Brazoria Area San Antonio Area Tyler-Longview Area Victoria Area Area Brazoria Area Area OCl 001 n/a n/a r./a 2 005 r./a n/a r./a 40% n/a n/a 4.2 a 4096 n/a n/a 3.2 The PERFORMING PARTY agrees that, unless otherwise specified in the Special Conditions of this Agreement, achievement of the NOx emissions reductions required fbr for successful performance underthis under this agreement includes operation ofthe of the Grant Equipment over the Activity Life forthe for the percentage of annual use in the eligible counties ehgible coimties where a percentage of use is listed in Section 4.1 ofthis 3.1 of this Article. The PERFORMING PARTY is not required to operate the Grant Equipment forthe for the specific percentages listed hsted for each individual area, provided that the operation ofthe of the Grant Equipment meets the total percentage of annual use in all specified areas where a percentage is listed. Operation ofthe of the Grant Equipment in the areas without a percentage of use listed (marked n/a) may not count towards the total tolal combined percentage of annual use unless authorized by the TCEQ, either through amendment ofthis of this Scope ofWork of Work or other authorization. 4.3 Regardless of the usage percentages fbr each Activity, the Grant Equipment must be operated at least 75% of Annual Usage in the designated eligible counties. These minimum percentage-of-use requirements are in addition to the requirements in Section 4.2 ofthis Article. 4.4 The eligible counties included in the areas identified in Section 4.1 of this Articie are listed below.