Common use of DELIVERY OF ENERGY AND ANCILLARY SERVICES BY OWNER Clause in Contracts

DELIVERY OF ENERGY AND ANCILLARY SERVICES BY OWNER. 5.1 Owner’s Delivery of Energy and Ancillary Services (a) Subject to the limits in this Agreement, and subject to the CAISO’s Real-Time Dispatch instructions whether flagged as an RMR Dispatch or not, Owner shall provide service from the Units and Deliver the Requested MWh or Requested Ancillary Services in accordance with each Dispatch Notice. To the maximum extent practical, and except for regulation, Owner shall Deliver at each moment of each hour during the Requested Operation Period not less than the Requested MW or Requested Ancillary Services. If Owner has disputed a Dispatch Notice under Section 4.6 (i) (Minimum Load) (ii) (Minimum Run Time) (iii) (Minimum Off Time) (iv) (Start-up Lead Time and Ramping Constraint), or (v) (Unit Availability Limit) and such dispute is not resolved prior to the time for delivery, Owner will use reasonable efforts to comply with the Dispatch Notice, but shall not be liable to CAISO if it is unable to do so and Owner prevails in the dispute. (b) If Owner has disputed a Dispatch Notice under Section 4.6 (vi) (environmental), (vii) (violation of law), (viii) (Existing Contractual Limitations) or (ix) (Upgrade Contract), Owner shall not be required to Deliver Energy or Ancillary Services pending resolution of the dispute as to whether the Dispatch Notice violated such Section; provided, however, that Owner shall not be relieved from any liability that it would otherwise have for failure to comply with the disputed Dispatch Notice if it subsequently is determined that the Dispatch Notice did not violate Section 4.6 (vi), (vii), (viii) or (ix). (c) Subject to CAISO approval, if Owner cannot Deliver the Requested MWh or Requested Ancillary Services by providing service from the Unit identified in a Dispatch Notice, Owner may Deliver the requested services by providing service from a Substitute Unit. Owner shall provide oral or written notice to CAISO as soon as possible in advance of the first Real-Time Dispatch of the Requested Operation Period stating why it cannot provide the requested service from the Unit identified in the Dispatch Notice, identifying the Substitute Unit, describing the services it will provide from the Substitute Unit and specifying the charges applicable to service from the Substitute Unit. CAISO may deny approval only if the proposed unit does not qualify as a Substitute Unit or if there is insufficient time to accommodate the request prior to the running of the MPM-RRD process and the operator determines that the substitution would affect the MPM-RRD results, in which case the substitution request will be accommodated for any remaining portion of the Requested Operation Period, if the unit is otherwise acceptable. The total cost to CAISO for service from the Substitute Unit shall be at the rate specified by the Owner, provided that the total cost will not exceed the total costs for the same amount of service from the Unit specified in the Dispatch Notice. (d) If Owner can Deliver the Requested MWh or Requested Ancillary Services by providing service from the Unit identified in the Dispatch Notice, Owner may Deliver the requested services by providing service from (i) the Unit identified in CAISO’s Dispatch Notice or (ii) with CAISO’s consent, a Substitute Unit. Owner of a hydroelectric Unit will Deliver the Requested MWh from the Facility and will Deliver the Voltage Support and Black Start requested in a Dispatch Notice from the specified Unit or a Substitute Unit. If Owner proposes to satisfy its delivery obligations by providing service from a Substitute Unit, Owner shall provide oral or written notice to CAISO prior to the Requested Operation Period identifying the Substitute Unit, describing the services it will provide from Substitute Unit and specifying the charges applicable to service from the Substitute Unit. Owner may Deliver the agreed services from the Substitute Unit and will be paid at the agreed rates if CAISO accepts Owner’s proposal, or CAISO and Owner otherwise agree on the services and applicable rates for service from a Substitute Unit. CAISO’s decision shall not be subject to ADR. (e) Owner shall Deliver the Requested MWh or Requested Ancillary Services at the Delivery Point or such other point(s) reasonably acceptable to CAISO and shall comply with the metering and related arrangements set forth in Section 5 of Schedule A to this Agreement or as otherwise specified in Owner’s applicable Meter Service Agreement. (f) If Owner would have been able to Deliver the Requested MWh or Requested Ancillary Services but for an outage in the CAISO Controlled Grid or Distribution Grid beyond Owner’s reasonable control, Owner shall be deemed to have complied with the Dispatch Notice for purposes of Sections 5.4 and 8.5.

DELIVERY OF ENERGY AND ANCILLARY SERVICES BY OWNER. 5.1 Owner’s Delivery of Energy and Ancillary Services (a) Subject to the limits in this Agreement, and subject to the CAISO’s Real-Time Dispatch instructions whether flagged as an RMR Dispatch or not, Owner shall provide service from the Units and Deliver the Requested MWh or Requested Ancillary Services in accordance with each Dispatch Notice. To the maximum extent practical, and except for regulation, Owner shall Deliver at each moment of each hour during the Requested Operation Period not less than the Requested MW or Requested Ancillary Services. If Owner has disputed a Dispatch Notice under Section 4.6 (i) (Minimum Load) (ii) (Minimum Run Time) (iii) (Minimum Off Time) (iv) (Start-up Lead Time and Ramping Constraintconstraint), or (v) (Unit Availability Limit) and such dispute is not resolved prior to the time for delivery, Owner will use reasonable efforts to comply with the Dispatch Notice, but shall not be liable to CAISO if it is unable to do so and Owner prevails in the dispute. (b) If Owner has disputed a Dispatch Notice under Section 4.6 (vi) (environmental), (vii) (violation of law), (viii) (Existing Contractual Limitations) or (ix) (Upgrade Contract), Owner shall not be required to Deliver Energy or Ancillary Services pending resolution of the dispute as to whether the Dispatch Notice violated such Section; provided, however, that Owner shall not be relieved from any liability that it would otherwise have for failure to comply with the disputed Dispatch Notice if it subsequently is determined that the Dispatch Notice did not violate Section 4.6 (vi), (vii), (viii) or (ix). (c) Subject to CAISO approval, if Owner cannot Deliver the Requested MWh or Requested Ancillary Services by providing service from the Unit identified in a Dispatch Notice, Owner may Deliver the requested services by providing service from a Substitute Unit. Owner shall provide oral or written notice to CAISO as soon as possible in advance of the first Real-Time Dispatch of the Requested Operation Period stating why it cannot provide the requested service from the Unit identified in the Dispatch Notice, identifying the Substitute Unit, describing the services it will provide from the Substitute Unit and specifying the charges applicable to service from the Substitute Unit. CAISO may deny approval only if the proposed unit does not qualify as a Substitute Unit or if there is insufficient time to accommodate the request prior to the running of the MPM-RRD process and the operator determines that the substitution would affect the MPM-RRD results, in which case the substitution request will be accommodated for any remaining portion of the Requested Operation Period, if the unit is otherwise acceptable. The total cost to CAISO for service from the Substitute Unit shall be at the rate specified by the Owner, provided that the total cost will not exceed the total costs for the same amount of service from the Unit specified in the Dispatch Notice. (d) If Owner can Deliver the Requested MWh or Requested Ancillary Services by providing service from the Unit identified in the Dispatch Notice, Owner may Deliver the requested services by providing service from (i) the Unit identified in CAISO’s Dispatch Notice or (ii) with CAISO’s consent, a Substitute Unit. Owner of a hydroelectric Unit will Deliver the Requested MWh from the Facility and will Deliver the Voltage Support and Black Start requested in a Dispatch Notice from the specified Unit or a Substitute Unit. If Owner proposes to satisfy its delivery obligations by providing service from a Substitute Unit, Owner shall provide oral or written notice to CAISO prior to the Requested Operation Period identifying the Substitute Unit, describing the services it will provide from Substitute Unit and specifying the charges applicable to service from the Substitute Unit. Owner may Deliver the agreed services from the Substitute Unit and will be paid at the agreed rates if CAISO accepts Owner’s proposal, or CAISO and Owner otherwise agree on the services and applicable rates for service from a Substitute Unit. CAISO’s decision shall not be subject to ADR. (e) Owner shall Deliver the Requested MWh or Requested Ancillary Services at the Delivery Point or such other point(s) reasonably acceptable to CAISO and shall comply with the metering and related arrangements set forth in Section 5 of Schedule A to this Agreement or as otherwise specified in Owner’s applicable Meter Service Agreement. (f) If Owner would have been able to Deliver the Requested MWh or Requested Ancillary Services but for an outage in the CAISO Controlled Grid or Distribution Grid beyond Owner’s reasonable control, Owner shall be deemed to have complied with the Dispatch Notice for purposes of Sections 5.4 and 8.5.

DELIVERY OF ENERGY AND ANCILLARY SERVICES BY OWNER. 5.1 Owner’s Delivery of Energy and Ancillary Services (a) Subject to the limits in this Agreement, and subject to the CAISO’s Real-Time Dispatch instructions whether flagged as an RMR Dispatch or not, Owner shall provide service from the Units and Deliver the Requested MWh or Requested Ancillary Services in accordance with each Dispatch Notice. To the maximum extent practical, and except for regulation, Owner shall Deliver at each moment of each hour during the Requested Operation Period not less than the Requested MW or Requested Ancillary Services. If Owner has disputed a Dispatch Notice under Section 4.6 (i) (Minimum Load) (ii) (Minimum Run Time) (iii) (Minimum Off Time) (iv) (Start-up Lead Time and Ramping Constraint), or (v) (Unit Availability Limit) and such dispute is not resolved prior to the time for delivery, Owner will use reasonable efforts to comply with the Dispatch Notice, but shall not be liable to CAISO ISO if it is unable to do so and Owner prevails in the dispute. (b) If Owner has disputed a Dispatch Notice under Section 4.6 (vi) (environmental), (vii) (violation of law), (viii) (Existing Contractual Limitations) or (ix) (Upgrade Contract), Owner shall not be required to Deliver Energy or Ancillary Services pending resolution of the dispute as to whether the Dispatch Notice violated such Section; provided, however, that Owner shall not be relieved from any liability that it would otherwise have for failure to comply with the disputed Dispatch Notice if it subsequently is determined that the Dispatch Notice did not violate Section 4.6 (vi), (vii), (viii) or (ix). (c) Subject to CAISO ISO approval, if Owner cannot Deliver the Requested MWh or Requested Ancillary Services by providing service from the Unit identified in a Dispatch Notice, Owner may Deliver the requested services by providing service from a Substitute Unit. Owner shall provide oral or written notice to CAISO as soon as possible in advance of the first Real-Time Dispatch of ISO prior to the Requested Operation Period stating why it cannot provide the requested service from the Unit identified in the Dispatch Notice, identifying the Substitute Unit, describing the services it will provide from the Substitute Unit and specifying the charges applicable to service from the Substitute Unit. CAISO ISO may deny approval only if the proposed unit does not qualify as a Substitute Unit or if there is insufficient time to accommodate the request prior to the running of the MPM-RRD process and the operator determines that the substitution would affect the MPM-RRD results, in which case the substitution request will be accommodated for any remaining portion of the Requested Operation Period, if the unit is otherwise acceptableUnit. The total cost to CAISO ISO for service from the Substitute Unit shall be at the rate specified by the Owner, provided that the total cost will not exceed the total costs for the same amount of service from the Unit specified in the Dispatch Notice. (d) If Owner can Deliver the Requested MWh or Requested Ancillary Services by providing service from the Unit identified in the Dispatch Notice, Owner may Deliver the requested services by providing service from (i) the Unit identified in CAISOISO’s Dispatch Notice or (ii) with CAISOISO’s consent, a Substitute Unit. Owner of a hydroelectric Unit will Deliver the Requested MWh from the Facility and will Deliver the Voltage Support and Black Start requested in a Dispatch Notice from the specified Unit or a Substitute Unit. If Owner proposes to satisfy its delivery obligations by providing service from a Substitute Unit, Owner shall provide oral or written notice to CAISO ISO prior to the Requested Operation Period identifying the Substitute Unit, describing the services it will provide from Substitute Unit and specifying the charges applicable to service from the Substitute Unit. Owner may Deliver the agreed services from the Substitute Unit and will be paid at the agreed rates if CAISO ISO accepts Owner’s proposal, or CAISO ISO and Owner otherwise agree on the services and applicable rates for service from a Substitute Unit. CAISOISO’s decision shall not be subject to ADR. (e) Owner shall Deliver the Requested MWh or Requested Ancillary Services at the Delivery Point or such other point(s) reasonably acceptable to CAISO ISO and shall comply with the metering and related arrangements set forth in Section 5 of Schedule A to this Agreement or as otherwise specified in Owner’s applicable Meter Service Agreement. (f) If Owner would have been able to Deliver the Requested MWh or Requested Ancillary Services but for an outage in the CAISO ISO Controlled Grid or Distribution Grid beyond Owner’s reasonable control, Owner shall be deemed to have complied with the Dispatch Notice for purposes of Sections 5.4 and 8.5.

DELIVERY OF ENERGY AND ANCILLARY SERVICES BY OWNER. 5.1 Owner’s Delivery of Energy and Ancillary Services (a) Subject to the limits in this Agreement, and subject to the CAISO’s Real-Time Dispatch instructions whether flagged as an RMR Dispatch or not, Owner shall provide service from the Units and Deliver the Requested MWh or Requested Ancillary Services in accordance with each Dispatch Notice. To the maximum extent practical, and except for regulation, Owner shall Deliver at each moment of each hour during the Requested Operation Period not less than the Requested MW or Requested Ancillary Services. If Owner has disputed a Dispatch Notice under Section 4.6 (i) (Minimum Load) (ii) (Minimum Run Time) (iii) (Minimum Off Time) (iv) (Start-up Lead Time and Ramping Constraintconstraint), or (v) (Unit Availability Limit) and such dispute is not resolved prior to the time for delivery, Owner will use reasonable efforts to comply with the Dispatch Notice, but shall not be liable to CAISO if it is unable to do so and Owner prevails in the dispute. (b) If Owner has disputed a Dispatch Notice under Section 4.6 (vi) (environmental), (vii) (violation of law), (viii) (Existing Contractual Limitations) or (ix) (Upgrade Contract), Owner shall not be required to Deliver Energy or Ancillary Services pending resolution of the dispute as to whether the Dispatch Notice violated such Section; provided, however, that Owner shall not be relieved from any liability that it would otherwise have for failure to comply with the disputed Dispatch Notice if it subsequently is determined that the Dispatch Notice did not violate Section 4.6 (vi), (vii), (viii) or (ix). (c) Subject to CAISO approval, if Owner cannot Deliver the Requested MWh or Requested Ancillary Services by providing service from the Unit identified in a Dispatch Notice, Owner may Deliver the requested services by providing service from a Substitute Unit. Owner shall provide oral or written notice to CAISO as soon as possible in advance of the first Real-Time Dispatch of the Requested Operation Period stating why it cannot provide the requested service from the Unit identified in the Dispatch Notice, identifying the Substitute Unit, describing the services it will provide from the Substitute Unit and specifying the charges applicable to service from the Substitute Unit. CAISO may deny approval only if the proposed unit does not qualify as a Substitute Unit or if there is insufficient time to accommodate the request prior to the running of the MPM-RRD process and the operator determines that the substitution would affect the MPM-RRD results, in which case the substitution request will be accommodated for any remaining portion of the Requested Operation Period, if the unit is otherwise acceptable. The total cost to CAISO for service from the Substitute Unit shall be at the rate specified by the Owner, provided that the total cost will not exceed the total costs for the same amount of service from the Unit specified in the Dispatch Notice. (d) If Owner can Deliver the Requested MWh or Requested Ancillary Services by providing service from the Unit identified in the Dispatch Notice, Owner may Deliver the requested services by providing service from (i) the Unit identified in CAISO’s Dispatch Notice or (ii) with CAISOXXXXX’s consent, a Substitute Unit. Owner of a hydroelectric Unit will Deliver the Requested MWh from the Facility and will Deliver the Voltage Support and Black Start requested in a Dispatch Notice from the specified Unit or a Substitute Unit. If Owner proposes to satisfy its delivery obligations by providing service from a Substitute Unit, Owner shall provide oral or written notice to CAISO prior to the Requested Operation Period identifying the Substitute Unit, describing the services it will provide from Substitute Unit and specifying the charges applicable to service from the Substitute Unit. Owner may Deliver the agreed services from the Substitute Unit and will be paid at the agreed rates if CAISO XXXXX accepts Owner’s proposal, or CAISO and Owner otherwise agree on the services and applicable rates for service from a Substitute Unit. CAISOXXXXX’s decision shall not be subject to ADR. (e) Owner shall Deliver the Requested MWh or Requested Ancillary Services at the Delivery Point or such other point(s) reasonably acceptable to CAISO and shall comply with the metering and related arrangements set forth in Section 5 of Schedule A to this Agreement or as otherwise specified in Owner’s applicable Meter Service Agreement. (f) If Owner would have been able to Deliver the Requested MWh or Requested Ancillary Services but for an outage in the CAISO Controlled Grid or Distribution Grid beyond Owner’s reasonable control, Owner shall be deemed to have complied with the Dispatch Notice for purposes of Sections 5.4 and 8.5.

DELIVERY OF ENERGY AND ANCILLARY SERVICES BY OWNER. 5.1 Owner’s Delivery of Energy and Ancillary Services (a) Subject to the limits in this Agreement, and subject to the CAISO’s Real-Time Dispatch instructions whether flagged as an RMR Dispatch or not, Owner shall provide service from the Units and Deliver the Requested MWh or Requested Ancillary Services in accordance with each Dispatch Notice. To the maximum extent practical, and except for regulation, Owner shall Deliver at each moment of each hour during the Requested Operation Period not less than the Requested MW or Requested Ancillary Services. If Owner has disputed a Dispatch Notice under Section 4.6 (i) (Minimum Load) (ii) (Minimum Run Time) (iii) (Minimum Off Time) (iv) (Start-up Lead Time and Ramping Constraint), or (v) (Unit Availability Limit) and such dispute is not resolved prior to the time for delivery, Owner will use reasonable efforts to comply with the Dispatch Notice, but shall not be liable to CAISO if it is unable to do so and Owner prevails in the dispute. (b) If Owner has disputed a Dispatch Notice under Section 4.6 (vi) (environmental), (vii) (violation of law), (viii) (Existing Contractual Limitations) or (ix) (Upgrade Contract), Owner shall not be required to Deliver Energy or Ancillary Services pending resolution of the dispute as to whether the Dispatch Notice violated such Section; provided, however, that Owner shall not be relieved from any liability that it would otherwise have for failure to comply with the disputed Dispatch Notice if it subsequently is determined that the Dispatch Notice did not violate Section 4.6 (vi), (vii), (viii) or (ix). (c) Subject to CAISO approval, if Owner cannot Deliver the Requested MWh or Requested Ancillary Services by providing service from the Unit identified in a Dispatch Notice, Owner may Deliver the requested services by providing service from a Substitute Unit. Owner shall provide oral or written notice to CAISO as soon as possible in advance of the first Real-Time Dispatch of the Requested Operation Period stating why it cannot provide the requested service from the Unit identified in the Dispatch Notice, identifying the Substitute Unit, describing the services it will provide from the Substitute Unit and specifying the charges applicable to service from the Substitute Unit. CAISO may deny approval only if the proposed unit does not qualify as a Substitute Unit or if there is insufficient time to accommodate the request prior to the running of the MPM-RRD process and the operator determines that the substitution would affect the MPM-RRD results, in which case the substitution request will be accommodated for any remaining portion of the Requested Operation Period, if the unit is otherwise acceptable. The total cost to CAISO for service from the Substitute Unit shall be at the rate specified by the Owner, provided that the total cost will not exceed the total costs for the same amount of service from the Unit specified in the Dispatch Notice. (d) If Owner can Deliver the Requested MWh or Requested Ancillary Services by providing service from the Unit identified in the Dispatch Notice, Owner may Deliver the requested services by providing service from (i) the Unit identified in CAISO’s Dispatch Notice or (ii) with CAISOXXXXX’s consent, a Substitute Unit. Owner of a hydroelectric Unit will Deliver the Requested MWh from the Facility and will Deliver the Voltage Support and Black Start requested in a Dispatch Notice from the specified Unit or a Substitute Unit. If Owner proposes to satisfy its delivery obligations by providing service from a Substitute Unit, Owner shall provide oral or written notice to CAISO prior to the Requested Operation Period identifying the Substitute Unit, describing the services it will provide from Substitute Unit and specifying the charges applicable to service from the Substitute Unit. Owner may Deliver the agreed services from the Substitute Unit and will be paid at the agreed rates if CAISO XXXXX accepts Owner’s proposal, or CAISO and Owner otherwise agree on the services and applicable rates for service from a Substitute Unit. CAISOXXXXX’s decision shall not be subject to ADR. (e) Owner shall Deliver the Requested MWh or Requested Ancillary Services at the Delivery Point or such other point(s) reasonably acceptable to CAISO and shall comply with the metering and related arrangements set forth in Section 5 of Schedule A to this Agreement or as otherwise specified in Owner’s applicable Meter Service Agreement. (f) If Owner would have been able to Deliver the Requested MWh or Requested Ancillary Services but for an outage in the CAISO Controlled Grid or Distribution Grid beyond Owner’s reasonable control, Owner shall be deemed to have complied with the Dispatch Notice for purposes of Sections 5.4 and 8.5.