New York State Public Service Commission ("PSC") through its "Order Adopting a Clean Energy Standard" orders the purchase of REC's. The CES Orders direct NYSERDA to administer a competitive Request for Proposals ("RFP") for the purchase of Tier 4 RECs This Agreement (the "Agreement") is made by and between the New York State Energy Research and Development Authority, a public benefit corporation, having a principal business address of 17 Columbia Circle, Albany, New York 12203 ("NYSERDA"), and the State University of New York as a Load Serving Entity entering this Agreement ("LSE Buyer") having a princlpal business address of H. Carl McCall SUNY Building, 353 Broadway, Albany, New York 12246. NYSERDA and LSE Buyer are each referred to herein as a "Party" and are collectively referred to herein as the "Parties." OSC Sole Source Exemption: SNY01-0004341-3320241