# COMAR Title 21 — State Procurement Regulations

## Subtitle 01 — General Provisions

### Chapter 03 — Applicability

#### Regulation .07 Renewable Energy Contracts — Waiver of Mandatory Termination Clause.

*COMAR 21.01.03.07*

A. For contracts procuring energy generated from a Tier 1 or a Tier 2 renewable source as defined in Public Utility Companies Article, §7-701, Annotated Code of Maryland, and on the recommendation of the Secretary of General Services, the Board may modify or waive the requirement to include an automatic termination clause in multi-year contracts provided in COMAR 21.07.01.10.

B. In determining whether to modify or waive the requirement, the Board of Public Works shall consider the effect of requiring the termination clause under COMAR 21.07.01.10 on the ability of the energy supplier to obtain financing for the renewable energy generation project that produces the energy that the State is procuring.