THE RESERVE Clause Samples

THE RESERVE. Climate Action Reserve, a California nonprofit public benefit corporation By: Name: ▇▇▇▇ ▇▇▇▇ Title: President [insert name of entity, type of entity] By: Name: [insert name of signator] Title: [insert title of signator] FORM OF GREENHOUSE GAS REDUCTION RIGHTS CONTRACT6 THIS GREENHOUSE GAS REDUCTION RIGHTS CONTRACT (“Contract”) is made as of the [ ] day of [ ], 20 , by and between [ ], [a ] (“Grassland Owner” [and/or “Qualified Easement Holder”] or “Grantor”) and [ ], a [ ] (“Project Owner” or “Grantee”). Capitalized terms used and not otherwise defined shall have the meanings ascribed to them in that certain Project Implementation Agreement referenced below. The Grassland Owner and Project Owner shall hereinafter be referred to each as a “Party” and collectively as the “Parties”.

THE RESERVE. Climate Action Reserve, a California nonprofit public benefit corporation By: Name: ▇▇▇▇▇ ▇▇▇▇▇ Title: President insert name of entity, type of entity By: Name: insert name of signatory Title: insert title of signatory On , 20 before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity(ies) upon behalf of which the person(s) acted, executed the instrument. (Notary’s official signature) (Commission Expiration) THIS GREENHOUSE GAS REDUCTION RIGHTS CONTRACT (“Contract”) dated as of [ ]

THE RESERVE. (a) Lender shall hold the Reserve in one or more accounts (the "Accounts") invested at such financial institution as Lender shall select, in its sole discretion, from time to time, so long as the funds in such accounts are readily available for release to Borrower pursuant to the terms of this Agreement. Lender has selected, and Borrower has hereby approved, both Citibank, N.A. and Bank of New York Mellon (individually and collectively, as the case may be, the "Bank") to serve as the initial depositary for the Reserve, and Borrower agrees that any loss of funds while in the hands of the Bank is at the risk of the Borrower. Borrower further acknowledges and agrees to be fully responsible for any and all fees charged by the Bank for the Accounts that are maintained therein. Lender reserves the right in its sole discretion to move the Accounts to another bank in the event the Bank fails to satisfy Lender or rating agency criteria, subject to the reasonable approval of Borrower (so long as no Event of Default has then occurred and is continuing under this Agreement or any of the other Loan Doocuments), which approval shall not be unreasonably withheld, conditioned or delayed. (b) So long as no Event of Default under this Agreement or any of the other Loan Documents has occurred and is then continuing, Borrower shall have the right to notify Lender (using the form of notice shown on Schedule 2 attached hereto) of Borrower's election that the funds held in the Reserve and maintained in Accounts at the Bank be invested from time to time (at no cost to Lender) in any of the Permitted Investments (as defined below). For purposes herein, the term "Permitted Investments" shall mean, as designated by Borrower and to the extent available with the Bank for deposits in the Reserve, any one or more of the following obligations or securities acquired at a purchase price of not greater than par, payable on demand or having a maturity date not later than the business day immediately prior to the date on which the funds used to acquire such investment are required to be used under this Agreement and meeting one of the appropriate standards set forth below: · Cash on hand, and time or demand deposits with, or withdrawable accounts in, financial institutions. · Certificates of deposit with maturities of one year or less. · Government securities, in addition to Treasury obligations, include securities issued by: o Federal Housing Administration (FHA), o Federal National Mortgage...

THE RESERVE. (A) elected at the same time as that Panel Member was elected (and if there is more than one such Reserve, the Reserve appearing highest in the list created under Clause 6.2.7); or (B) if there is no such Reserve, any other Reserve in respect of the Party Category relevant to that office, shall be appointed to that office. The appointment shall be subject to Clause 6.17, but as if the reference to “his election” in the final line thereof were to “the date upon which the relevant office became vacant”; or

THE RESERVE. Fund Securities Intermediary shall not be bound to make any investigation into the facts or matters stated in any resolution, order, certificate, statement, instrument, opinion, report, notice, request, consent, entitlement order, approval or other paper or document.

THE RESERVE. 1. The Reserve, to be maintained under the Food Bank (hereinafter referred to as “the Reserve”), shall consist of wheat or rice or a combination thereof (hereinafter referred to as “food grains”) earmarked by the Member Countries exclusively for the purpose described in Article V. 2. The Reserve shall remain the property of the Member Country that has earmarked it and shall be in addition to any national reserve that may be maintained by that Member Country. 3. Each Member Country undertakes to earmark as its assessed share of the Reserve the amount of food grains allocated to it in the Schedule-I of this Agreement and to keep the Board informed of the quantum of its reserve with locations of the designated godowns. 4. The Member Countries shall keep the Schedule-I under review and may amend it in the light of operating experience in accordance with the procedure laid down in Article XV. 5. A Member Country may, at any time, voluntarily earmark for the purpose provided for in this Agreement food grains exceeding the amount allocated to it in the Schedule-I.

THE RESERVE. Climate Action Reserve, a California nonprofit public benefit corporation By: Name: ▇▇▇▇▇ ▇▇▇▇▇ Title: President insert name of entity, type of entity By: Name: insert name of signatory Title: insert title of signatory THIS GREENHOUSE GAS REDUCTION RIGHTS CONTRACT (“Contract”) dated as of [ ]

THE RESERVE. A sub-set of the broader THIRDHOME Exchange which is also administered by THIRDHOME. Several unique terms and conditions apply to The Reserve; these can be found below at Section (E)(IV).

THE RESERVE. 1. The Reserve shall consist of wheat or rice or a combination thereof, (hereinafter referred to as “foodgrains”) earmarked by the Member Countries exclusively for the purpose described in Article III. The foodgrains forming part of the Reserve shall remain the property of the Member Country that has earmarked them and shall be in addition to any national reserve that may be maintained by that Member Country. 2. Each Member Country undertakes to earmark as its share of the Reserve the amount of foodgrains allocated to it in the Schedule of this Agreement. The said Schedule shall be an integral part of this Agreement. 3. The Member Countries shall keep the Schedule under review and may amend it in the light of operating experience in accordance with the procedure laid down in Article XI 4. A Member Country may, at any time, voluntarily earmark for the purpose provided for in this Agreement, foodgrains exceeding the amount allocated to it in the Schedule. In such a case the Member Country concerned may only withdraw the amount in excess of its allocation by giving six months’ advance written notice to the Board. 5. The quality of all foodgrains earmarked by the Member Countries shall be at least of “fair average quality”, or comply with any other quality standards laid down by the Board. 6. The Member Countries undertake to provide adequate storage facilities for the foodgrains that they have earmarked; to inspect the food grains periodically and to apply appropriate quality control measures, including turnover of the foodgrains, if necessary, with a view to ensuring that all times the foodgrains satisfy the required quality standards; and to replace forthwith any foodgrains that do not satisfy the said standards. In addition, the Member Countries agree to make every effort to comply with any guidelines on storage methods or quality control measures adopted by the Board.