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Final System Size differs, d. Payment Due Date; Final System Size Determination; PTO Trigger. The full amount of the payment shall be due within thirty (30) days after the Project achieves Permission to Operate (“PTO”) (i.e., written authorization issued by the interconnecting utility permitting the Project to energize/operate and generate electricity). The Owner shall provide the Town a copy of the PTO authorization within five (5) business days after receipt (redactions permitted only for account numbers or similar utility identifiers). The Final System Size (MWac) shall be determined based on the MWac reflected in the PTO documentation and/or final interconnection documentation, as reasonably confirmed by as-built electrical documentation and inverter nameplates, e. Payment Delivery. Payment shall be made payable to “Town of Wales” and delivered to the Town Supervisor (or designee) at Town of Wales, 12345 Big Tree Road, Wales Center, NY 14169, or such other address as the Town designates by written notice, 3. Binding Effect. This Agreement shall be binding upon the Parties and their successors and assigns. 4, Notice. Any notice contemplated under this Agreement shall be deemed to have been given if the same shall be provided, in writing, to the other Party, and shall be delivered personally, deposited in the United States Mail by registered or certified mail, return receipt requested, postage prepaid, or sent by any nationally recognized delivery service and addressed as set forth below (or to such other address as a Party may designate by notice): If to the Town: Town Supervisor Town of Wales 12345 Big Tree Road Wales Center, NY 14169 If to the Owner: New Energy Solar 10 LLC 166 Taylor Dr Depew, NY 14043 5. Severability. If any article, section, subdivision, paragraph, sentence, clause, phrase, provision or portion of this Agreement shall for any reason be held or adjudged to be Page 2 of 4