Common use of Annual Operating Plan Clause in Contracts

Annual Operating Plan. At least thirty (30) days prior to the scheduled Project Substantial Completion Date and at least thirty (30) days prior to the anniversary of the Commencement Date each year of the Term thereafter, O&M Contractor shall prepare and submit to Owner a proposed annual operating plan, consistent with the requirements set forth in Exhibit A-1, for the up- coming Operating Period setting forth the underlying assumptions and implementation plans in connection with the Services, including anticipated operations, maintenance, repairs and capital improvements, scheduled outages, procurement, staffing, personnel and labor activities, training plans, program enhancements and administrative activities and any anticipated T&M Services and budget for T&M Costs expected during such Operating Period. Owner shall promptly review O&M Contractor’s proposed annual operating plan and may, by written request, propose changes, additions, deletions, and modifications thereto. If O&M Contractor does not concur with any or all of Owner’s proposed changes, Owner and O&M Contractor will discuss the open issues and shall use good faith efforts to resolve such issues. After such consultations, O&M Contractor shall submit a revised proposed annual operating plan to Owner incorporating any agreed-upon revisions. Owner shall thereafter either (a) approve the revised proposed annual operating plan or (b) return such revised proposed annual operating plan together with proposed changes, additions, deletions, or modifications thereto for O&M Contractor’s approval, which approval shall not be unreasonably withheld. The final document resulting from this process shall be the “Annual Operating Plan.” The Annual Operating Plan shall remain in effect throughout the applicable Operating Period, subject to updating, revision, and amendment as may be proposed by either Party and consented to in writing by the other Party, which consent shall not be unreasonably withheld.

Annual Operating Plan. At least thirty (30a) Subject to the terms of the next --------------------- succeeding sentence hereof, not later than one hundred twenty (120) days prior to the scheduled first day of each Project Substantial Completion Date and at least thirty (30) days prior to the anniversary of the Commencement Date each year of the Term thereafterYear, O&M Contractor Operator shall prepare and submit to Owner for approval a proposed annual operating planand maintenance plan providing information for each month during the upcoming Project Year (the "O&M Plan"). The O&M Plan for the first Project Year shall be submitted to Owner for approval on the date on which this Agreement is executed unless previously submitted. The O&M Plan shall describe, in detail acceptable to Owner and on a monthly basis; anticipated maintenance and overhaul schedules, staffing plans, equipment acquisitions and spare parts and Consumables inventories (including a breakdown of capital items and expense items), schedules of subcontract services, plant performance data regarding required environmental performance, projected Fuel usage and such other matters as Owner may reasonably require. Any actions proposed under the O&M Plan shall be consistent with the requirements set forth Facility Data, the Operating Procedures, Prudent Utility Practices, the Related Agreements and this Agreement. Contemporaneously with the delivery of the O&M Plan, Operator shall submit to Owner a proposed budget for operating and maintaining the Facility during the upcoming Project Year (the "Operating Budget"), which shall include the estimated cost, based on time and materials and all fees contemplated in Exhibit A-1this Agreement, for all anticipated operating and maintenance services to be provided by Operator during each month of the up- coming upcoming Project Year in the account structure and format provided by Owner (the Q&CM Plan and the Operating Period setting forth Budget are hereinafter sometimes together called the underlying assumptions and implementation plans in connection with the Services, including anticipated operations, maintenance, repairs and capital improvements, scheduled outages, procurement, staffing, personnel and labor activities, training plans, program enhancements and administrative activities and any anticipated T&M Services and budget for T&M Costs expected during such "Annual Operating PeriodPlan"). Owner shall promptly review O&M Contractor’s proposed annual operating plan and may, by written request, propose changes, additions, deletions, and modifications thereto. If O&M Contractor does not concur with any or all of Owner’s proposed changes, Owner and O&M Contractor will discuss the open issues and shall use good faith efforts When approved pursuant to resolve such issues. After such consultations, O&M Contractor shall submit a revised proposed annual operating plan to Owner incorporating any agreed-upon revisions. Owner shall thereafter either (a) approve the revised proposed annual operating plan or subparagraph (b) return such revised proposed annual operating plan together with proposed changesbelow, additions, deletions, or modifications thereto for O&M Contractor’s approval, which approval shall not be unreasonably withheld. The final document resulting from this process shall be the “Annual Operating Plan.” The Annual Operating Plan shall remain in effect throughout the applicable be an "Approved Annual Operating Period, subject to updating, revision, Plan" and amendment as may be proposed by either Party shall consist of an "Approved O&M Plan" and consented to in writing by the other Party, which consent shall not be unreasonably withheldan "Approved Operating Budget".

Annual Operating Plan. At least thirty (30) days prior to the scheduled Project Substantial Completion Date and at least thirty (30) days prior to the anniversary of the Commencement Date each year of the Term thereafter, O&M Contractor shall prepare and submit to Owner a proposed annual operating plan, consistent with the requirements set forth in Exhibit A-1, for the up- coming Operating Period setting forth the underlying assumptions and implementation plans in connection with the Services, including anticipated operations, maintenance, repairs and capital improvements, scheduled outages, procurement, staffing, personnel and labor activities, training plans, program enhancements and administrative activities and any anticipated T&M Services and budget for T&M Costs expected during such Operating Period. Owner shall promptly review O&M Contractor’s proposed annual operating plan and may, by written request, propose changes, additions, deletions, and modifications thereto. If O&M Contractor does not concur with any or all of Owner’s proposed changes, Owner and O&M Contractor will discuss the open issues and shall use good faith efforts to resolve such issues. After such consultations, O&M Contractor shall submit a revised proposed annual operating plan to Owner incorporating any agreed-upon revisions. Owner shall thereafter either (aia) approve the revised proposed annual operating plan or (biib) return such revised proposed annual operating plan together with proposed changes, additions, deletions, or modifications thereto for O&M Contractor’s approval, which approval shall not be unreasonably withheld. The final document resulting from this process shall be the “Annual Operating Plan.” The Annual Operating Plan shall remain in effect throughout the applicable Operating Period, subject to updating, revision, and amendment as may be proposed by either Party and consented to in writing by the other Party, which consent shall not be unreasonably withheld.