FuelCell Energy Inc (FCEL)

[Maximilliano]

POWER PURCHASE AGREEMENT FOR THE FUEL CELL FEED-IN TARIFF

2.11 "Environmental Attributes" means any and all current and future regulatory credits, benefits, emissions reductions, offsets, and allowances, or market value accrued, howsoever entitled, statutory or voluntary, as the result of generating fuel cell energy from the Facility, including but not limited to (i) renewable energy credits and certificates; (ii) certificates or offsets for avoided emissions of pollutants regulated by the Clean Air Act and greenhouse gases that have or may be determined by the United Nations Intergovernmental Panel on Climate Change to contribute to the actual or potential threat of altering the Earth’s climate by trapping heat in the atmosphere; (iii) all set-aside allowances and/or allocations from emissions trading programs, including but not limited to allocations available under NYCRR §§ 204, 237 and 238; or (iv) other emission offsets, and any other environmental benefits, reductions, offsets, allowances, certificates, or green tags resulting from generation of Fuel Cell Products.

5.5 Environmental Attributes.

Should Buyer create, sanction, adopt or begin participation in a tracking system of accounting for generation-related Environmental Attributes or certificates associated with renewable generation in the New York Control Area, Buyer shall give Seller written notice thereof, together with instructions and any necessary forms, and thereafter Seller shall deliver such attributes or certificates associated with each Environmental Attribute at the earliest time such certificates or attributes become available for delivery to Buyer. Seller will take all other steps to execute and deliver all such instruments or documents to ensure availability of Environmental Attributes to Buyer.

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PSEG Long Island

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