Common use of Additional Development and Construction Covenants Clause in Contracts

Additional Development and Construction Covenants. (a) The Supplier agrees that the Control Equipment and the Load shall be located in the Province of Ontario and shall affect demand on the IMO-Administered Markets. (b) If a Control Equipment includes a generator, the Supplier agrees to arrange, at its expense, for all connection requirements and the payment of all Connection Costs. (c) The Supplier agrees to provide, operate, and maintain, at its expense, such equipment or software as is necessary to measure and verify the curtailment of Electricity demand of the Load as a direct result of the operation of the Control Equipment in accordance with the terms of the Measurement and Verification Plan. (d) If the Control Equipment includes a generator, the Supplier agrees to provide, at its expense, all power system components on the Supplier’s side of the Connection Point, including all transformation, switching and auxiliary equipment, such as synchronizing and protection and control equipment, pursuant to requirements deemed necessary by the IMO, the Transmitter, the LDC (and as specified in the System Impact Assessment, the Customer Impact Assessment and the Connection Impact Assessment, as applicable), and the Load, as applicable, to protect the safety and security of the IMO-Controlled Grid, the Local Distribution System, each of their respective customers, and the Load, as the case may be. The equipment to be so provided by the Supplier shall include such electrical equipment as the IMO, the Transmitter, the LDC, and the Load, as applicable, deem necessary, from time to time, for the safe and secure operation of the IMO-Controlled Grid, the Local Distribution System, and the Load, as required by the IMO Market Rules, the Transmission System Code, the Distribution System Code, and the Load, as applicable.

Additional Development and Construction Covenants. ‌ (a) The Supplier agrees that the Control Equipment and the Load Facility shall be located in the Province of Ontario Ontario. The Supplier agrees that the Facility shall have a Connection Point as set out in Exhibit A and shall affect supply or demand on in the IMOIESO-Administered Markets. (b) If a Control Equipment includes a generator, the The Supplier agrees to arrange, at its expense, arrange for all Facility connection requirements in accordance with the Connection Agreement to permit the delivery of Electricity to the IESO-Controlled Grid. The Supplier agrees that the responsibility for all costs that are allocated to or are otherwise the responsibility of the Supplier in accordance with the Connection Agreement, the Transmission System Code and the payment of all Connection CostsDistribution System Code, as applicable, and as each may be interpreted or administered in accordance with any applicable interpretation bulletins issued by the OEB, shall rest with the Supplier. (c) The Supplier agrees to provide, operate, and maintain, at its expense, such equipment or software as is necessary to measure and verify the curtailment of Electricity demand of the Load as a direct result of the operation of the Control Equipment in accordance with the terms of the Measurement and Verification Plan. (d) If the Control Equipment includes a generator, the Supplier agrees to shall provide, at its expense, all power system components on the Supplier’s side of the Connection Point, including all transformation, switching and auxiliary equipment, such as synchronizing and protection and control equipment, pursuant to Laws and Regulations and any requirements deemed necessary by the IMOSystem Operator, the Transmitter, Transmitter or the LDC (and as specified in the System Impact Assessment, the Customer Impact Assessment and the Connection Impact AssessmentLDC, as applicable), and the Load, as applicableapplicable from time to time, to protect the safety and security of the IMOIESO-Controlled Grid, the Local Distribution Transmission System, the Distribution System and each of their respective customers, and the Load, each as the case may be. . (d) The Supplier agrees to install protective equipment to be so provided protect its own personnel, property, and equipment from variations in frequency and voltage or from temporary delivery of other than three-phase power, whether caused by the Supplier shall include such electrical equipment as the IMOFacility, the Transmitter, the LDC, and the Load, as applicable, deem necessary, from time to time, for the safe and secure operation of the IMOIESO-Controlled Grid, the Local Transmission System or the Distribution System, and . (e) Where the Load, as required by the IMO Market RulesFacility is an Electricity Storage Facility, the Transmission System CodeSupplier shall not, from and after the Distribution System CodeContract Date, and commence or conduct any clearing, grading or material alteration of the LoadProject Site (or cause any of the foregoing to be commenced or conducted) unless the Supplier has provided to the Buyer a copy of a DTC Assessment Letter indicating that the Government of Ontario is not requiring further engagement with the Indigenous Communities in respect of the Facility or a DTC Sufficiency Letter, as applicable., each as contemplated in the Indigenous Consultation Information Package.‌

Additional Development and Construction Covenants. York Region DR Contract Released November 30, 2005 (a) The Supplier agrees that the Control Equipment and the Load shall be located in the Province of Ontario Northern York Region and shall affect demand on the IMO-Administered MarketsArmitage Transformer Station. (b) If a Control Equipment includes a generator, the Supplier agrees to arrange, at its expense, for all connection requirements and the payment of all Connection Costs. (c) The Supplier agrees to provide, operate, and maintain, at its expense, such equipment or software as is necessary to measure and verify the curtailment of Electricity demand of the Load as a direct result of the operation of the Control Equipment or DR Measures in accordance with the terms of the Measurement and Verification Plan. (c) If the Control Equipment includes Behind the Meter Generation, the Supplier agrees to arrange, at its expense, for all connection requirements and the payment of all Connection Costs. (d) If the Control Equipment includes a generatorBehind the Meter Generation, the Supplier agrees to provide, at its expense, all power system components on the Supplier’s side of the Connection Point, including all transformation, switching and auxiliary equipment, such as synchronizing and protection and control equipment, pursuant to requirements deemed necessary by the IMOYork Region DR Manager, the Transmitter, the LDC (and as specified in the System Impact Assessment, the Customer Impact Assessment and the Connection Impact Assessment, as applicable), and the Load, as applicable, to protect the safety and security of the IMOIESO-Controlled Grid, the Local Distribution System, each of their respective customers, and the Load, as the case may be. The equipment to be so provided by the Supplier shall include such electrical equipment as the IMOYork Region DR Manager, the Transmitter, the LDC, and the Load, as applicable, deem necessary, from time to time, for the safe and secure operation of the IMOIESO-Controlled Grid, the Local Distribution System, and the Load, as required by the IMO IESO Market Rules, the Transmission System Code, the Distribution System Code, and the Load, as applicable.

Additional Development and Construction Covenants. (a) The Supplier agrees that the Control Equipment and the Load Facility shall be located in the Province of Ontario Ontario. The Supplier agrees that the Facility shall have a Connection Point as set out in Exhibit A and shall affect supply or demand on in the IMOIESO-Administered Markets.Markets.‌ (b) If a Control Equipment includes a generator, the The Supplier agrees to arrange, at its expense, arrange for all Facility connection requirements in accordance with the Connection Agreement to permit the delivery of Electricity to the IESO-Controlled Grid. The Supplier agrees that the responsibility for all costs that are allocated to or are otherwise the responsibility of the Supplier in accordance with the Connection Agreement, the Transmission System Code and the payment of all Connection Costs.Distribution System Code, as applicable, and as each may be interpreted or administered in accordance with any applicable interpretation bulletins issued by the OEB, shall rest with the Supplier.‌ Draft (c) The Supplier agrees to provide, operate, and maintain, at its expense, such equipment or software as is necessary to measure and verify the curtailment of Electricity demand of the Load as a direct result of the operation of the Control Equipment in accordance with the terms of the Measurement and Verification Plan. (d) If the Control Equipment includes a generator, the Supplier agrees to shall provide, at its expense, all power system components on the Supplier’s side of the Connection Point, including all transformation, switching and auxiliary equipment, such as synchronizing and protection and control equipment, pursuant to Laws and Regulations and any requirements deemed necessary by the IMOSystem Operator, the Transmitter, Transmitter or the LDC (and as specified in the System Impact Assessment, the Customer Impact Assessment and the Connection Impact AssessmentLDC, as applicable), and the Load, as applicableapplicable from time to time, to protect the safety and security of the IMOIESO-Controlled Grid, the Local Distribution Transmission System, the Distribution System and each of their respective customers, and the Load, each as the case may be. be.‌‌ (d) The Supplier agrees to install protective equipment to be so provided protect its own personnel, property, and equipment from variations in frequency and voltage or from temporary delivery of other than three-phase power, whether caused by the Supplier shall include such electrical equipment as the IMOFacility, the Transmitter, the LDC, and the Load, as applicable, deem necessary, from time to time, for the safe and secure operation of the IMOIESO-Controlled Grid, the Local Transmission System or the Distribution System, and System.‌ (e) Where the Load, as required by the IMO Market RulesFacility is an Electricity Storage Facility, the Transmission System CodeSupplier shall not, from and after the Distribution System CodeContract Date, and commence or conduct any clearing, grading or material alteration of the LoadProject Site (or cause any of the foregoing to be commenced or conducted) unless the Supplier has provided to the Buyer a copy of a DTC Assessment Letter indicating that the Government of Ontario is not requiring further engagement with the Indigenous Communities in respect of the Facility or a DTC Sufficiency Letter, as applicable., each as contemplated in the Indigenous Consultation Information Package.‌

Additional Development and Construction Covenants. (a) The Supplier agrees that the Control Equipment and the Load Facility shall be located in the Province of Ontario Ontario. The Supplier agrees that the Facility shall have a Connection Point as set out in Exhibit A and shall affect supply and demand on a Distribution System or the IMOIESO-Administered MarketsControlled Grid, as applicable. (b) If a Control Equipment includes a generator, the The Supplier agrees to arrange, at its expense, for all connection requirements and expense (including the payment of all Supplier Connection Costs), for all Facility connection requirements in accordance with the Connection Agreement to permit the Delivery and Withdrawal of Electricity from a Distribution System or the IESO-Controlled Grid, as applicable. If requested by the Sponsor, the Supplier agrees to provide to the Sponsor a copy of any applicable Impact Assessments, and the executed Connection Cost Recovery Agreement, within ten (10) Business Days of the Supplier’s receipt of each of such documents or within ten (10) Business Days of the Sponsor’s request subsequent to the Supplier’s receipt of each such documents. The Supplier shall not apply in any Impact Assessment for a connection capacity with the applicable LDC or Transmitter in excess of the Connection Capacity Limit. The Supplier represents and warrants to the Sponsor that as of the Contract Date, the Supplier has not applied for any Impact Assessments in respect of the Facility, or, if in the event the Supplier has applied for or received any Impact Assessments in respect of the Facility, the Supplier has had rescinded any such Impact Assessments on or before the Contract Date. (c) The Supplier agrees to provide, operate, and maintain, at its expense, such equipment or software as is necessary to measure and verify the curtailment of Electricity demand of the Load as a direct result of the operation of the Control Equipment in accordance with the terms of the Measurement and Verification Plan. (d) If the Control Equipment includes a generator, the Supplier agrees to provide, at its expense, all power system components and associated facilities on the Supplier’s side of the Connection Point, including all connection lines from the Facility to the Connection Point and all transformation, switching switching, synchronizing, protection and control, teleprotection, metering, and auxiliary equipment, equipment (such as synchronizing grounding, monitoring and protection and control testing equipment), pursuant to requirements deemed necessary by the IMOIESO Market Rules, the Transmitter, the LDC (and as specified in the System Impact Assessment, the Customer Impact Assessment and the Connection Impact AssessmentTransmitter or Local Distribution Company, as applicable), and the Load, as applicablefrom time to time, to protect the safety and security of the IMOIESO-Controlled Grid, the Local Distribution System, and each of their respective customers, and the Load, as the case may beapplicable. The equipment to be so provided by the Supplier shall include such electrical equipment as the IMOIESO Market Rules, Local Distribution Company or the Transmitter, the LDC, and the Load, as applicable, deem necessaryTransmitter require, from time to time, for the safe and secure operation of the IMOIESO-Controlled Grid, the Local Distribution System, and the Load, Grid as required by the IMO IESO Market Rules, Rules and the Transmission System Code, the Distribution System Code, and the Load, as applicable.