Common use of Development Schedule Clause in Contracts

Development Schedule. The Developer shall demonstrate to the NYISO that it timely meets the following Critical Path Milestones and Advisory Milestones contained herein and that such milestones remain in good standing. This Agreement is being executed prior to the completion of the Facilities Study under the Transmission Interconnection Procedures, the execution of a Transmission Project Interconnection Agreement, and the receipt of regulatory approvals, which could affect the milestones set forth herein. In the event that the completion of the Transmission Interconnection Procedures, the execution of a Transmission Project Interconnection Agreement, or receipt of regulatory approvals materially affect a milestone set forth in this Appendix C, the Parties shall review the milestones and the Developer shall seek to amend the milestone(s), as necessary, pursuant to the terms of this Agreement. For purposes of these milestones, a milestone that is required to be completed by the Developer may be completed by either LS Power or NYPA, as applicable; provided, however, completion of a milestone by either LS Power or NYPA shall not affect the obligations under Article 3.13 of the Agreement. 1 Commence public outreach plan Commence Preliminary Developer Advisory N/A Complete Engineering and Design for the new ▇ ▇▇▇▇▇▇ ▇▇▇▇ 345 kV Substation, Developer Advisory N/A Complete and Developer Advisory N/A Complete Connecting Advisory N/A Complete Transmission Owner(s)1 Developer Advisory N/A Complete the new Princetown Substation, the new 345 kV circuits 3 Commence land acquisition activities 4 Execute TIP Facilities Study Agreement for Q#556 Complete negotiation of site access 5 for field studies related to the Transmission Project 1 The Connecting Transmission Owner is National Grid, whom was identified in the System Impact Study for Q#556, and is listed in the milestones solely for informational purposes. Additional Connecting Transmission Owners may be identified in the Facilities Study for Q#556 under Attachment P to the ISO OATT. 6 File Article VII CECPN Application 7 Article VII CECPN Application deemed complete Developer Critical NYPSC Critical N/A Complete N/A Complete Within ten (10) days of the execution of this 8 Submit Proof of Insurance pursuant to Article 6 Provide financing plan for the Developer Advisory Agreement or Complete 9 Transmission Project to the Developer Advisory 2/15/2020 Complete NYISO2 10 File NYISO Quarterly Report3 Developer Advisory 3/15/2020 Complete 11 File Section 68 Application Developer Advisory 5/15/2020 Complete 12 Complete TIP Facilities Study for Q#556 13 File NYISO Quarterly Report 14 Submit transmission outage plan for 2021 Developer Advisory 6/15/2020 Complete Developer Advisory 8/1/2020 Complete Developer Advisory 9/15/2020 Complete Connecting Transmission Advisory 12/1/2020 Complete Advisory 5/31/2020 Complete 15 File NYISO Quarterly Report 16 Execution of Transmission Project Interconnection Agreement(s) 2 For purposes of this milestone, the Developer shall provide a plan to ensure access to sufficient capital reasonably necessary to complete the Transmission Project.

Development Schedule. The Developer shall demonstrate to the NYISO that it timely meets the following Critical Path Milestones and Advisory Milestones contained herein and that such milestones remain in good standing. This Agreement is being executed prior to the completion of the Facilities Study under the Transmission Interconnection Procedures, the execution of a Transmission Project Interconnection Agreement, and the receipt of regulatory approvals, which could affect the milestones set forth herein. In the event that the completion of the Transmission Interconnection Procedures, the execution of a Transmission Project Interconnection Agreement, or receipt of regulatory approvals materially affect a milestone set forth in this Appendix C, the Parties shall review the milestones and the Developer shall seek to amend the milestone(s), as necessary, pursuant to the terms of this Agreement. For purposes of these milestones, a milestone that is required to be completed by the Developer may be completed by either LS Power or NYPA, as applicable; provided, however, completion of a milestone by either LS Power or NYPA shall not affect the obligations under Article 3.13 of the Agreement. No. Milestone Description Responsible Type Due Date Party(ies) 1 Commence public outreach plan Developer Advisory Complete Commence Preliminary Developer Advisory N/A Complete Engineering and Design for the new ▇ ▇▇▇▇▇▇ ▇▇▇▇ 2 Rotterdam 345 kV Substation, the Developer Advisory N/A Complete and Developer Advisory N/A Complete Connecting Advisory N/A Complete Transmission Owner(s)1 Developer Advisory N/A Complete the new Princetown Substation, and the new 345 kV circuits 3 Commence land acquisition activities 4 Developer Advisory Complete Developer Execute TIP Facilities Study Agreement for Q#556 NYISO Connecting Advisory Transmission Owner(s)1 Complete Complete negotiation of site access 5 for field studies related to the Developer Advisory Complete Transmission Project 1 The Connecting Transmission Owner is National Grid, whom was identified in the System Impact Study for Q#556, and is listed in the milestones solely for informational purposes. Additional Connecting Transmission Owners may be identified in the Facilities Study for Q#556 under Attachment P to the ISO OATT. 6 1 SERVICE AGREEMENT NO. 2514 No. Milestone Description Responsible Type Due Date Party(ies) File Article VII CECPN Application 7 Article VII CECPN Application deemed complete Developer Critical NYPSC Critical N/A Complete N/A Complete Within ten (10) days of the execution of this 8 Submit Proof of Insurance pursuant to Article 6 Provide financing plan for the Developer Advisory Agreement or Complete 9 Transmission Project to the Developer Advisory 2/15/2020 Complete NYISO2 10 File NYISO Quarterly Report3 Developer Advisory 3/15/2020 Complete 11 File Section 68 Application Developer Advisory 5/15/2020 Complete 12 Complete TIP Facilities Study for Q#556 13 File NYISO Quarterly Report 14 Submit transmission outage plan for 2021 Developer Advisory 6/15/2020 Complete Developer Advisory 8/1/2020 Complete Developer Advisory 9/15/2020 Complete Connecting Transmission Advisory 12/1/2020 Complete Advisory 5/31/2020 Complete 15 File NYISO Quarterly Report 16 Execution of Transmission Project Interconnection Agreement(s) 2 For purposes of this milestone, the Developer shall provide a plan to ensure access to sufficient capital reasonably necessary to complete the Transmission Project.Application

Development Schedule. The Developer Designated Entity shall demonstrate to the NYISO that it timely meets the following Critical Path Milestones and Advisory Milestones contained herein and that such milestones remain in good standing. This Agreement is being executed prior to the completion of the Facilities Study under the Transmission Interconnection Procedures, the execution of a Transmission Project Interconnection Agreement, as applicable, and the receipt of regulatory approvals, which could affect the milestones set forth herein. In the event that the completion of the Transmission Interconnection Procedures, the execution of a Transmission Project Interconnection Agreement, or receipt of regulatory approvals materially affect a milestone set forth in this Appendix C, the Parties shall review the milestones and the Developer Designated Entity shall seek to amend the milestone(s), as necessary, pursuant to the terms of this Agreement. For purposes Item Milestone Description Responsible Party(ies) Type Due Date 1 Submit proof of these milestones, a milestone that is required Insurance pursuant to be completed by the Developer may be completed by either LS Power or NYPA, as applicable; provided, however, completion of a milestone by either LS Power or NYPA shall not affect the obligations under Article 3.13 6 Designated Entity Advisory Within ten (10) days of the Agreement. 1 execution of this Agreement or the date on which the Agreement is filed with FERC 2 Commence public outreach plan Designated Entity Advisory Complete 3 Commence Preliminary Developer Advisory N/A Complete Engineering and Design for the new ▇ ▇▇▇▇▇▇ ▇▇▇▇ 345 kV Substation, Developer Designated Entity Advisory N/A Complete and Developer Advisory N/A Complete Connecting Advisory N/A Complete Transmission Owner(s)1 Developer Advisory N/A Complete the new Princetown Substation, the new 345 kV circuits 3 4 Commence land acquisition activities 4 Designated Entity Advisory Complete 5 Execute TIP Facilities Study Agreement for Q#556 Complete negotiation of site access 5 for field studies related to the Queue No. 1289 Designated Entity(ies) NYISO Connecting Transmission Project Owner(s)1 Advisory 6/30/2024 1 The Connecting Transmission Owner is National GridOwners are Consolidated Edison Company of New York, whom was Inc. (“Con Edison”), the New York Power Authority (“NYPA”), and the Long Island Power Authority (“LIPA”), which entities were identified in the System Impact Study for Q#556, Queue No. 1289 and is are listed in the milestones solely for informational purposes. Additional Connecting Transmission Owners or Affected Systems may be identified in the Facilities Study for Q#556 Queue No. 1289 under Attachment P to the ISO OATT. 6 File NYISO Quarterly Report Designated Entity Advisory 6/15/2024 7 File NYISO Quarterly Report Designated Entity Advisory 9/15/2024 8 File NYISO Quarterly Report Designated Entity Advisory 12/15/2024 9 Complete negotiation of site access for field studies related to the Designated Project Designated Entity Advisory 12/31/2024 10 File Article VII CECPN Application 7 Designated Entity Critical 12/31/2024 11 File NYISO Quarterly Report Designated Entity Advisory 3/15/2025 12 File NYISO Quarterly Report Designated Entity Advisory 6/15/2025 13 Article VII CECPN Application deemed complete Developer Critical NYPSC Critical N/A Complete N/A Complete Within ten (10) days of the execution of this 8 6/30/2025 14 Submit Proof of Insurance pursuant to Article 6 Provide financing annual construction outage and restoration coordination plan for the Developer 2026 Designated Entity Advisory Agreement or Complete 9 Transmission Project to the Developer Advisory 2/15/2020 Complete NYISO2 10 File NYISO Quarterly Report3 Developer Advisory 3/15/2020 Complete 11 File Section 68 Application Developer Advisory 5/15/2020 Complete 12 Complete TIP Facilities Study for Q#556 13 File NYISO Quarterly Report 14 Submit transmission outage plan for 2021 Developer Advisory 6/15/2020 Complete Developer Advisory 8/1/2020 Complete Developer Advisory 9/15/2020 Complete Connecting Transmission Advisory 12/1/2020 Complete Advisory 5/31/2020 Complete 8/31/2025 15 File NYISO Quarterly Report Designated Entity Advisory 9/15/2025 16 File NYISO Quarterly Report Designated Entity Advisory 12/15/2025 17 Notification to the NYISO of selected general construction contractor(s) for submarine transmission and that applicable contracting agreement(s) are fully executed Designated Entity Advisory 12/31/2025 Item Milestone Description Responsible Party(ies) Type Due Date 18 Complete procurement of major electrical equipment and materials2 for the Designated Entity-owned substations3 Designated Entity Critical 12/31/2025 19 Complete procurement of major electrical equipment and materials for terrestrial cable Designated Entity Critical 12/31/2025 20 Approval of annual construction outage and restoration coordination plan for 20264 NYISO Applicable Transmission Owner(s) Advisory 12/31/2025 21 Execution of all Transmission Project Interconnection Agreement(s) Designated Entity NYISO Connecting Transmission Owner(s) Advisory 6/30/2026 22 Article VII CECPN granted NYPSC Critical 2/28/2026 23 File Section 68 application Designated Entity Advisory 2/28/2026 24 File NYISO Quarterly Report Designated Entity Advisory 3/15/2026 2 For purposes of the milestones set forth in this milestoneAppendix C, “major electrical equipment and materials” shall include submarine cables, terrestrial cables and towers, transformers, PARs, shunt reactors, and series reactors, as applicable. Further, “complete procurement” of major electric equipment and materials shall mean that the Designated Entity has a valid and effective purchase order, agreement, or commercially recognized instrument with a vendor for the design, manufacture, and/or delivery of such equipment and materials, and the Designated Entity has paid in full or made all applicable deposits for vendor to begin designing, manufacturing, and/or shipping such equipment and materials. 3 For purposes of the milestones set forth in this Appendix C, “Designated Entity-owned substations” shall include: New Shore Road 345 kV-138 kV substation, ▇▇▇▇▇▇ Road 345 kV-138 kV substation, and ▇▇▇▇▇▇▇ 345 kV substation. 4 For purposes of the milestones set forth in this Attachment C, the Developer approval of an annual construction outage and restoration coordination plan for the upcoming year does not guarantee that there will not be subsequent modifications or cancellations of the requested outages and restorations by the NYISO or applicable Transmission Owner. The scheduling of all outages and restorations will be scheduled, modified, or cancelled pursuant to the requirements set forth in the NYISO’s tariffs and procedures, including, but not limited to, the NYISO’s Outage Scheduling Manual. Item Milestone Description Responsible Party(ies) Type Due Date 25 File EM&CP for East Garden City to Tremont transmission line construction segment Designated Entity Critical 3/31/2026 26 Apply for all federal and other permits or approvals for East Garden City to Tremont transmission line construction segment Designated Entity Advisory 4/30/2026 27 Status update meeting with NYISO to discuss Article VII CECPN Designated Entity NYISO Advisory 4/30/2026 28 File NYISO Quarterly Report Designated Entity Advisory 6/15/2026 29 Engineering design finalized for all Designated Entity- owned substations and the New ▇▇▇▇▇▇▇▇ station and submitted to the NYISO Designated Entity Critical 6/30/2026 30 Engineering design finalized for all submarine circuits of the Designated Project and submitted to the NYISO Designated Entity Critical 6/30/2026 31 Submit proposed protection for the BPS element to NPCC for approval (if applicable) to the NYISO Designated Entity Advisory 6/30/2026 32 NYPSC order approving EM&CP for East Garden City to Tremont transmission line segment NYPSC Critical 6/30/2026 33 Section 68 approval NYPSC Critical 6/30/2026 34 Completion of land acquisition activities5 for East Garden City to Tremont construction segment Designated Entity Advisory 7/31/2026 5 For purposes of the milestones set forth in this Appendix C, “completion of land acquisition activities” shall provide mean that the Designated Entity has obtained all necessary documentation demonstrating (i) ownership of a Item Milestone Description Responsible Party(ies) Type Due Date 35 Submit annual construction outage and restoration coordination plan for 2027 Designated Entity Advisory 8/31/2026 36 Notification to ensure access the NYISO of selected general construction contractor(s) for East Garden City to sufficient capital reasonably necessary Tremont transmission line and that applicable contracting agreement(s) are fully executed Designated Entity Advisory 8/31/2026 37 File NYISO Quarterly Report Designated Entity Advisory 9/15/2026 38 Provide notice to complete the Transmission ProjectNYISO confirming that all major electrical equipment and materials for the New Shore Road substation are available6 Designated Entity Advisory 9/30/2026 39 Provide notice to the NYISO confirming that all major electrical equipment and materials for the ▇▇▇▇▇▇ Road substation are available Designated Entity Advisory 9/30/2026 40 Construction mobilization7 for East Garden City to Tremont transmission line construction segment Designated Entity Critical 9/30/2026 41 File NYISO Quarterly Report Designated Entity Advisory 12/15/2026 site, (ii) a leasehold interest in a site, or (iii) a right to develop a site for the purpose of constructing a transmission facility.

Development Schedule. The Developer shall demonstrate to the NYISO that it timely meets the following Critical Path Milestones and Advisory Milestones contained herein and that such milestones remain in good standing. This Agreement is being executed prior to the completion of the Facilities Study under the Transmission Interconnection Procedures, the execution of a Transmission Project Interconnection Agreement, and the receipt of regulatory approvals, which could affect the milestones set forth herein. In the event that the completion of the Transmission Interconnection Procedures, the execution of a Transmission Project Interconnection Agreement, or receipt of regulatory approvals materially affect a milestone set forth in this Appendix C, the Parties shall review the milestones and the Developer shall seek to amend the milestone(s), as necessary, pursuant to the terms of this Agreement. For purposes 1 Submit proof of these milestones, a milestone that is required Insurance pursuant to be completed by the Article 6 Developer may be completed by either LS Power or NYPA, as applicable; provided, however, completion of a milestone by either LS Power or NYPA shall not affect the obligations under Article 3.13 Advisory Within ten (10) days of the Agreement. 1 execution of this Agreement or the date on which the Agreement is filed with FERC 2 Commence public outreach plan Developer Advisory Within ten (10) days of the execution of this Agreement or the date on which the Agreement is filed with FERC 3 Commence Preliminary Developer Advisory N/A Complete Engineering and Design for the new ▇▇▇▇▇▇▇▇ Switchyard, new East ▇▇▇▇▇▇ Road Switchyard, new 345 kV circuit Developer Advisory Within ten (10) days of the execution of this Agreement or the date on which the Agreement is filed with FERC 4 Commence TIP Facilities Study for Q#545A Developer Advisory Within ten (10) days of the execution of this Agreement or the date on which the Agreement is filed with FERC 5 File NYISO Quarterly Report Developer Advisory 3/15/2018 6 Complete Negotiation of Site Access for Field Studies related to the Transmission Project Developer Advisory Within ten (10) days of the execution of this Agreement or the date on which the Agreement is filed with FERC 7 Complete Preliminary Engineering and Design for the new ▇▇▇▇▇▇▇▇ Switchyard with the 700 MVA Phase Angle Regulator, new East ▇▇▇▇▇▇ Road Switchyard with the 30 MVAR Shunt Reactor, and new 345 kV line Developer Advisory Within ten (10) days of the execution of this Agreement or the date on which the Agreement is filed with FERC 8 File NYISO Quarterly Report Developer Advisory 6/15/2018 9 Commence land acquisition activities Developer Advisory 7/1/2018 10 Demonstrate Adequate Project Financing for the Transmission Project to the NYISO Developer Critical 8/1/2018 11 File Article VII CECPN Application Developer Critical 8/24/2018 File Section 68 Application Developer Advisory 10/15/2018 12 File NYISO Quarterly Report Developer Advisory 9/15/2018 13 Complete TIP Facilities Study for ▇#▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ 345 kV Substation, Developer Advisory N/A 12/15/2018 14 Complete and Developer Advisory N/A Complete Connecting Advisory N/A Complete Transmission Owner(s)1 Developer Advisory N/A Complete all environmental field studies for the new Princetown Substation▇▇▇▇▇▇▇▇ Switchyard, new East ▇▇▇▇▇▇ Road Switchyard, and the new 345 kV circuits 3 Commence line Developer Advisory 12/15/2018 15 File NYISO Quarterly Report Developer Advisory 12/15/2018 16 File NYISO Quarterly Report Developer Advisory 3/15/2019 17 Decide whether to construct a new structure or use an existing structure for the local control center Developer Advisory 4/1/2019 18 File NYISO Quarterly Report Developer Advisory 6/15/2019 19 Article VII CECPN Application deemed complete NYPSC Critical 6/4/2019 20 Submit proposed Protection for the BPS element to NPCC for approval Developer Advisory 8/30/2019 21 File NYISO Quarterly Report Developer Advisory 9/15/2019 22 Obtain NPCC approval of the Protection for the BPS element Developer Advisory 10/30/2019 23 Execution of Transmission Project Interconnection Agreement for Network Upgrade Facilities1 Developer NYISO Connecting Transmission Owners2 Advisory 10/30/2019 24 File NYISO Quarterly Report Developer Advisory 12/15/2019 25 File NYISO Quarterly Report Developer Advisory 3/15/2019 26 Notification to the NYISO of selected general construction contractor(s) and that applicable contracting agreement(s) are fully executed Developer Advisory 2/7/2020 27 Define local control center requirements3 Developer Advisory 2/15/2020 28 Article VII CECPN and Section 68 approval NYPSC Critical 6/4/2020 29 Status Update Meeting to discuss Article VII CECPN and Section 68 approval Developer NYISO Advisory 6/15/2020 30 File NYISO Quarterly Report Developer Advisory 6/15/2020 31 Engineering Design finalized for the new ▇▇▇▇▇▇▇▇ Switchyard, new East ▇▇▇▇▇▇ Road Switchyard, and the new 345 kV line, and submitted to the NYISO Developer Critical 6/15/2020 32 File EM&CP Developer Critical 6/24/2020 33 File NYISO Quarterly Report Developer Advisory 9/15/2020 34 Completion of land acquisition activities 4 Execute TIP activities4 for the new ▇▇▇▇▇▇▇▇ Switchyard, new East ▇▇▇▇▇▇ Road Switchyard, and the new 345 kV line Developer Critical 10/2/2020 1 The Network Upgrade Facilities Study Agreement for Q#556 Complete negotiation of site access 5 for field studies related will be identified in the Transmission Interconnection Procedures and are expected to include, but not limited to, the four upgrades that the Developer proposed in conjunction with the Transmission Project 1 in the Public Policy Transmission Planning Process. 2 The Connecting Transmission Owner is National GridOwners include New York State Electric & Gas Corporation (“NYSEG”) and the Power Authority of the State of New York (“NYPA”), whom was which were identified in the System Impact Study for Q#556Q#545A, and is are listed in the milestones solely for informational purposes. Additional Connecting Transmission Owners may be identified in the Facilities Study for Q#556 Q#545 under Attachment P to the ISO OATT. 6 File Article VII CECPN Application 7 Article VII CECPN Application deemed complete Developer Critical NYPSC Critical N/A Complete N/A Complete Within ten (10) days of the execution of this 8 Submit Proof of Insurance pursuant to Article 6 Provide financing plan for the Developer Advisory Agreement or Complete 9 Transmission Project to the Developer Advisory 2/15/2020 Complete NYISO2 10 File NYISO Quarterly Report3 Developer Advisory 3/15/2020 Complete 11 File Section 68 Application Developer Advisory 5/15/2020 Complete 12 Complete TIP Facilities Study for Q#556 13 File NYISO Quarterly Report 14 Submit transmission outage plan for 2021 Developer Advisory 6/15/2020 Complete Developer Advisory 8/1/2020 Complete Developer Advisory 9/15/2020 Complete Connecting Transmission Advisory 12/1/2020 Complete Advisory 5/31/2020 Complete 15 File NYISO Quarterly Report 16 Execution of Transmission Project Interconnection Agreement(s) 2 For purposes of this milestone, the Developer shall provide a plan to ensure access to sufficient capital reasonably necessary to complete the Transmission Project.