Common use of Dispatch Clause in Contracts

Dispatch. Term-DLM and Auto-DLM Events can be called by the Company for response by Applicant. A Term-DLM Event or Test Event (for clarity and the avoidance of doubt, Test Event for Term-DLM or Auto-DLM, as the case might be, and as provided for by the definition hereunder) may be called by the Company for response by Applicant on not less than two hours’ advance notice to Applicant. In the case of a Term-DLM Event, however, an Advisory must be issued by the Company to Applicant at least 21 hours in advance. With respect to Term-DLM, Applicant must provide four hours of Load Relief during Contracted Hours. As noted previously by the Company to Applicant, including by the RFP, the Contracted Hours are established by the Company for each Network based on individual Network needs and will be posted on the Company’s website no later than January 1st for the upcoming Capability Period, or as soon thereafter as practicable. The Contracted Hours for any Customer that exports power to the Company shall be the Contracted Hours established by the Company for the Network unless the Company assigns an alternate four-hour period. If the Company assigns an alternate four-hour period, then the Company will notify Applicant within ten calendar days of enrollment on the DR Portal. With respect to Auto-DLM, Applicant must provide four hours of Load Relief after receiving at least 10 minutes of notice by the Company. Events can be called in specific Networks, feeders, or geographical areas for peak shaving or reliability needs. Auto- DLM Events may also be called as part of Term-DLM Events, and Applicant will be expected to provide Load Relief during all such Events unless an Auto-DLM Event is called on the same day and prior to the commencement of a Term-DLM Event applicable to the Applicant, and, in such cases, then the Auto-DLM Event need not be responded to prior to the commencement of the ongoing Term-DLM Event. Applicant must be available to respond to Auto-DLM Events between 6 AM and 12 AM (midnight) seven days per week during the Capability Period. The Company will provide reasonable notification to Applicant, including by telephone, e-mail, or machine-to-machine electronic signal, or a combination thereof, in advance of the commencement of a Load Relief Period or Test Event. Applicant shall designate in the DR Portal an authorized representative and an alternate representative to receive notifications. For clarity and the avoidance of doubt, only Applicant will receive notifications hereunder from Con Edison, including, without limitation, notifications relating to any Load Relief Period or Test Event, and Applicant shall be responsible for notifying all of its participating Customers and any necessary third parties.

Dispatch. Term-DLM and Auto-DLM Events can be called by the Company for response by Applicant. A Term-DLM Event or Test Event (for clarity and the avoidance of doubt, Test Event for Term-DLM or Auto-DLM, as the case might be, and as provided for by the definition hereunder) may be called by the Company for response by Applicant on not less than two hours’ advance notice to Applicant. In the case of a Term-DLM Event, however, an Advisory must be issued by the Company to Applicant at least 21 hours in advance. With respect to Term-DLM, Applicant must provide four hours of Load Relief during Contracted Hours. As noted previously by the Company to Applicant, including by the RFP, the Contracted Hours are established by the Company for each Network based on individual Network needs and will be posted on the Company’s website no later than January 1st for the upcoming Capability Period, or as soon thereafter as practicable. The Contracted Hours for any Customer that exports power to the Company shall be the Contracted Hours established by the Company for the Network unless the Company assigns an alternate four-hour period. If the Company assigns an alternate four-hour period, then the Company will notify Applicant within ten calendar days of enrollment on the DR Portal. With respect to Auto-DLM, Applicant must provide four hours of Load Relief after receiving at least 10 minutes of notice by the Company. Events can be called in specific Networks, feeders, or geographical areas for peak shaving or reliability needs. Auto- DLM Events may also be called as part of Term-DLM Events, and Applicant will be expected to provide Load Relief during all such Events unless an Auto-DLM Event is called on the same day and prior to the commencement of a Term-DLM Event applicable to the Applicant, and, in such cases, then the Auto-DLM Event need not be responded to prior to the commencement of the ongoing Term-DLM Event. Applicant must be available to respond to Auto-DLM Events between 6 8 AM and 12 AM (midnight) seven days per week during the Capability Period. The Company will provide reasonable notification to Applicant, including by telephone, e-mail, or machine-to-machine electronic signal, or a combination thereof, in advance of the commencement of a Load Relief Period or Test Event. Applicant shall designate in the DR Portal an authorized representative and an alternate representative to receive notifications. For clarity and the avoidance of doubt, only Applicant will receive notifications hereunder from Con Edison, including, without limitation, notifications relating to any Load Relief Period or Test Event, and Applicant shall be responsible for notifying all of its participating Customers and any necessary third parties.

Dispatch. Term-DLM and Auto-DLM Events can (1) Seller or an Affiliate of Seller shall be called by the Company SC for response by Applicant. A Term-DLM Event or Test Event (for clarity the RMR Units and the avoidance non-RMR Units (the “Non-RMR Units”, together with the RMR Units, the “Units”). As of doubtthe Agreement Date, Test Event Mirant Americas Energy Marketing, LP is the SC for Termthe RMR Units and the Non-DLM or Auto-DLM, as RMR Units. Seller may change the case might be, SC in its sole discretion and will promptly notify Buyer of any such change. (2) Buyer shall have full dispatch flexibility consistent with Operational Limitations on the RMR Units as provided for by in each Schedule A of the definition hereunder) may be called by the Company for response by Applicant on not less than two hours’ advance notice to Applicant. In the case of a Term-DLM Eventapplicable RMR Agreement; provided, however, an Advisory must be issued that Seller has the right to override any dispatch request by Buyer that would, in Seller’s reasonable opinion, create health or safety issues, violate any legally-required operating restrictions, applicable laws or regulations, or would, if honored, result in Seller’s non-compliance with any Schedule A of the RMR Agreements. (3) Consistent with ISO timelines and scheduling protocols, Buyer may elect Day-Ahead, Hour-Ahead and Supplemental Energy bids for delivery of Energy and Ancillary Services (as defined in the respective RMR Agreement); provided that, Buyer shall schedule at least all Energy to the extent dispatched by the Company ISO under the RMR Agreements for Day-Ahead and Hour-Ahead if Buyer has directed Seller to Applicant at least 21 hours in advanceselect “market path”. With respect Buyer reserves the right to Term-DLM, Applicant must provide four hours of Load Relief during Contracted Hoursselect “market path” or “contract path” for any RMR Agreement dispatch order by ISO. As noted previously Unless otherwise directed by the Company to Applicant, including by the RFP, the Contracted Hours are established by the Company Buyer for each Network based on individual Network needs Day-Ahead and will be posted on the Company’s website no later than January 1st Hour-Ahead dispatch instruction by ISO for the upcoming Capability PeriodDelta RMR Units, or as soon thereafter as practicableby default Seller shall notify the ISO of its election of “market path” for all Energy quantities from the Delta RMR Units, with the exception of ISO dispatches after the close of the Hour-Ahead Market. The Contracted Hours for any Customer that exports power to ISO dispatch orders in real-time under the Company RMR Agreements shall be the Contracted Hours established by the Company for the Network unless the Company assigns an alternate four-hour period. If the Company assigns an alternate four-hour period, then the Company will notify Applicant within ten calendar days of enrollment on the DR Portal. With respect to Auto-DLM, Applicant must provide four hours of Load Relief after receiving at least 10 minutes of notice by the Company. Events can be called in specific Networks, feeders, or geographical areas for peak shaving or reliability needs. Auto- DLM Events may also be called as part of Term-DLM Events, and Applicant will be expected to provide Load Relief during all such Events unless an Auto-DLM Event is called on the same day and prior to the commencement of a Term-DLM Event applicable to the Applicant, and, in such cases, then the Auto-DLM Event need not be responded to prior to the commencement directly by Seller as “contract path” and Seller shall notify Buyer of the ongoing Termsuch orders in a timely manner. Potrero dispatches are more fully addressed in Section 7.5. (4) Buyer shall provide Seller with all dispatch schedules and intra-DLM Event. Applicant must be available to respond to Auto-DLM Events between 6 AM and 12 AM (midnight) seven days per week during the Capability Period. The Company will provide reasonable notification to Applicant, including by telephone, e-mail, or machine-to-machine electronic signal, or a combination thereof, Day adjustments reasonably in advance of the commencement of a Load Relief Period or Test EventISO scheduling deadlines. Applicant The Parties shall designate cooperate to ensure that all changes in the DR Portal an authorized representative dispatch schedule are properly, appropriately and an alternate representative promptly (considering the particular circumstances involved) communicated to receive notificationsall entities requiring notification of any increase or decrease in the scheduled dispatch of the Facility. For clarity and the avoidance of doubt, only Applicant will receive notifications hereunder from Con Edison, including, without limitation, notifications relating to any Load Relief Period or Test Event, and Applicant The Parties shall be responsible further obligated to coordinate their scheduling activities and notices to one another to allow each Party sufficient time to meet deadlines and requirements of any System Operator(s) and Gas transportation providers to assist the other Party in minimizing or eliminating Uninstructed Deviation Penalties, Generator Imbalance Fees and Gas Imbalance Charges that may be associated with such deadlines and requirements. (5) Seller has no residual dispatch rights on the RMR Units if not called upon by the ISO or the Buyer, except as explicitly set forth in Sections 5.2 and 7.6 herein. (6) Seller may fulfill any Dispatch Notice from the ISO or, if agreed to by Buyer, dispatch schedule from Buyer, from a Substitute Unit as provided for notifying all in Section 5.1 of its participating Customers and any necessary third partiesthe RMR Agreements.

Dispatch. TermSeller shall be responsible to make the Project available for Dispatch so that Buyer can receive Products. Buyer has the right, but not the obligation, to Dispatch the Project in accordance with the Operating Limits specified in Appendix 8. If Buyer bids the Project in the NYISO’s Hour Ahead Market and such bid to operate the Project is accepted, Buyer shall communicate to Seller, within fifteen (15) minutes following such acceptance, the NYISO’s Energy schedule for the Project, including any Ancillary Services. If Buyer bids the Project in the NYISO’s Day-DLM Ahead Market and Autosuch bid to operate the Project is accepted, Buyer shall communicate to Seller, within one (1) hour following such acceptance, the NYISO’s Energy schedule for the Project, including any Ancillary Services. Seller shall operate the Project in accordance with the most recent Dispatch schedule received from Buyer. Seller is not required to deliver Energy in excess of the Ambient-DLM Events Adjusted Contract Capacity. Buyer shall not Dispatch the Project beyond the Ambient-Adjusted Contract Capacity. As soon as reasonably practicable, but no later than sixty (60) Days prior to the Commercial Operation Date, Seller and Buyer shall agree to performance curves detailing the MW and MVAR capability of the Project over a range of ambient conditions. Such performance curves shall be part of the Operating Limits, within which Buyer can be called by Dispatch the Company for response by ApplicantProject. A Term-DLM Event or Test Event Within ten (for clarity 10) Days of establishing a new Contract Capacity, Buyer and Seller shall agree to new performance curves reflecting the avoidance of doubt, Test Event for Term-DLM or Auto-DLM, as the case might be, and as provided for by the definition hereunder) may be called by the Company for response by Applicant on not less than two hours’ advance notice to Applicantnew Contract Capacity. In the case absence of new performance curves, the old performance curves shall be used by Xxxxx as Operating Limits. Response to Forced Outages . Seller shall give Buyer notice as soon as possible if Energy or Ancillary Services from the Project unexpectedly becomes unavailable to satisfy a Dispatch as a result of a Term-DLM EventForced Outage of the Project. Buyer and Seller, howeverthrough a previously designated individual (with authority and ability to respond to such event) whose name and contact information shall be incorporated into the Operating Instructions, an Advisory must shall be issued immediately available to each other for communications during a Forced Outage and shall respond with all necessary promptness in accordance with NYISO procedures. Schedule Deviations . Seller shall generate Energy in accordance with Dispatch requests. In the event Seller’s failure to comply with the foregoing results in a Schedule Deviation, Seller shall reimburse Buyer for any penalties charged to Buyer by the Company to Applicant at least 21 hours in advance. With NYISO with respect to Term-DLMsuch Schedule Deviation. Seller shall credit Buyer at the rate set forth in the Monthly Energy Payment for any Delivered Energy for which Xxxxx receives no payment from the NYISO as a result of a Schedule Deviation. Suspension . Buyer shall have the right, Applicant must provide four hours at its sole discretion, to suspend acceptance of Load Relief Products from the Project during Contracted Hoursany one of the following circumstances: (i) to prevent damage to Connecting Transmission Owner’s Electrical System; (ii) to maintain electrical service to Buyer’s customers; (iii) a System Emergency, or (iv) if suspension is required for relocation, repair or maintenance of facilities or to facilitate restoration of line outages (each, a “Suspension”). As noted A Suspension in the foregoing cases shall be regarded as an Excused Outage. Buyer shall give advance notice, as circumstances permit, of the need for such Suspension to a previously by designated individual (with authority and ability to respond to such event), whose name and contact information shall be incorporated into the Company to ApplicantOperating Instructions. Upon receipt of notice of a Suspension, Seller shall carry out the required action without undue delay. Where circumstances do not permit such advance notice, including circumstances in which the Project is not staffed, or where Seller fails to carry out the required action, Buyer may invoke Suspension without notice. Except to the extent that a Suspension is the result of negligence or willful misconduct in Seller’s operation of the Project, Seller shall not be responsible for payment of any cost incurred by the RFP, the Contracted Hours are established by the Company for each Network based on individual Network needs and will be posted on the Company’s website no later than January 1st for the upcoming Capability PeriodBuyer during, or as soon thereafter as practicable. The Contracted Hours for any Customer that exports power to the Company shall be the Contracted Hours established by the Company for the Network unless the Company assigns an alternate four-hour period. If the Company assigns an alternate four-hour perioda result of, then the Company will notify Applicant within ten calendar days of enrollment on the DR Portal. With respect to Auto-DLM, Applicant must provide four hours of Load Relief after receiving at least 10 minutes of notice by the Company. Events can be called in specific Networks, feeders, or geographical areas for peak shaving or reliability needs. Auto- DLM Events may also be called as part of Term-DLM Events, and Applicant will be expected to provide Load Relief during all such Events unless an Auto-DLM Event is called on the same day and prior to the commencement of a Term-DLM Event applicable to the Applicant, and, in such cases, then the Auto-DLM Event need not be responded to prior to the commencement of the ongoing Term-DLM Event. Applicant must be available to respond to Auto-DLM Events between 6 AM and 12 AM (midnight) seven days per week during the Capability Period. The Company will provide reasonable notification to Applicant, including by telephone, e-mail, or machine-to-machine electronic signal, or a combination thereof, in advance of the commencement of a Load Relief Period or Test Event. Applicant shall designate in the DR Portal an authorized representative and an alternate representative to receive notifications. For clarity and the avoidance of doubt, only Applicant will receive notifications hereunder from Con Edison, including, without limitation, notifications relating to any Load Relief Period or Test Event, and Applicant shall be responsible for notifying all of its participating Customers and any necessary third partiesSuspension.

Dispatch. Term-DLM and Auto-DLM Events can (1) Seller or an Affiliate of Seller shall be called by the Company SC for response by Applicant. A Term-DLM Event or Test Event (for clarity the RMR Units and the avoidance non-RMR Units (the “Non-RMR Units”, together with the RMR Units, the “Units”). As of doubtthe Agreement Date, Test Event Mirant Americas Energy Marketing, LP is the SC for Termthe RMR Units and the Non-DLM or Auto-DLM, as RMR Units. Seller may change the case might be, SC in its sole discretion and will promptly notify Buyer of any such change. (2) Buyer shall have full dispatch flexibility consistent with Operational Limitations on the RMR Units as provided for by in each Schedule A of the definition hereunder) may be called by the Company for response by Applicant on not less than two hours’ advance notice to Applicant. In the case of a Term-DLM Eventapplicable RMR Agreement; provided, however, an Advisory must be issued that Seller has the right to override any dispatch request by Buyer that would, in Seller’s reasonable opinion, create health or safety issues, violate any legally-required operating restrictions, applicable laws or regulations, or would, if honored, result in Seller’s non-compliance with any Schedule A of the RMR Agreements. (3) Consistent with ISO timelines and scheduling protocols, Buyer may elect Day-Ahead, Hour-Ahead and Supplemental Energy bids for delivery of Energy and Ancillary Services (as defined in the respective RMR Agreement); provided that, Buyer shall schedule at least all Energy to the extent dispatched by the Company ISO under the RMR Agreements for Day-Ahead and Hour-Ahead if Buyer has directed Seller to Applicant at least 21 hours in advanceselect “market path”. With respect Buyer reserves the right to Term-DLM, Applicant must provide four hours of Load Relief during Contracted Hoursselect “market path” or “contract path” for any RMR Agreement dispatch order by ISO. As noted previously Unless otherwise directed by the Company to Applicant, including by the RFP, the Contracted Hours are established by the Company Buyer for each Network based on individual Network needs Day-Ahead and will be posted on the Company’s website no later than January 1st Hour-Ahead dispatch instruction by ISO for the upcoming Capability PeriodDelta RMR Units, or as soon thereafter as practicableby default Seller shall notify the ISO of its election of “market path” for all Energy quantities from the Delta RMR Units, with the exception of ISO dispatches after the close of the Hour-Ahead Market. The Contracted Hours for any Customer that exports power to ISO dispatch orders in real-time under the Company RMR Agreements shall be the Contracted Hours established by the Company for the Network unless the Company assigns an alternate four-hour period. If the Company assigns an alternate four-hour period, then the Company will notify Applicant within ten calendar days of enrollment on the DR Portal. With respect to Auto-DLM, Applicant must provide four hours of Load Relief after receiving at least 10 minutes of notice by the Company. Events can be called in specific Networks, feeders, or geographical areas for peak shaving or reliability needs. Auto- DLM Events may also be called as part of Term-DLM Events, and Applicant will be expected to provide Load Relief during all such Events unless an Auto-DLM Event is called on the same day and prior to the commencement of a Term-DLM Event applicable to the Applicant, and, in such cases, then the Auto-DLM Event need not be responded to prior to the commencement directly by Seller as “contract path” and Seller shall notify Buyer of the ongoing Termsuch orders in a timely manner. Potrero dispatches are more fully addressed in Section 7.5. (4) Buyer shall provide Seller with all dispatch schedules and intra-DLM Event. Applicant must be available to respond to Auto-DLM Events between 6 AM and 12 AM (midnight) seven days per week during the Capability Period. The Company will provide reasonable notification to Applicant, including by telephone, e-mail, or machine-to-machine electronic signal, or a combination thereof, Day adjustments reasonably in advance of the commencement of a Load Relief Period or Test EventISO scheduling deadlines. Applicant The Parties shall designate cooperate to ensure that all changes in the DR Portal an authorized representative dispatch schedule are properly, appropriately and an alternate representative promptly (considering the particular circumstances involved) communicated to receive notificationsall entities requiring notification of any increase or decrease in the scheduled dispatch of the Facility. For clarity and the avoidance of doubt, only Applicant will receive notifications hereunder from Con Edison, including, without limitation, notifications relating to any Load Relief Period or Test Event, and Applicant The Parties shall be responsible further obligated to coordinate their scheduling activities and notices to one another to allow each Party sufficient time to meet deadlines and requirements of any System Operator(s) and Gas transportation providers to assist the other Party in minimizing or eliminating Uninstructed Deviation Penalties, Generator Imbalance Fees and Gas Imbalance Charges that may be associated with such deadlines and requirements. (5) Seller has no residual dispatch rights on the RMR Units if not called upon by the ISO or the Buyer, except as set forth in Sections 5.2 and 7.6 herein. (6) Seller may fulfill any Dispatch Notice from the ISO or, if agreed to, dispatch schedule from the Buyer from a Substitute Unit as provided for notifying all in Section 5.1 of its participating Customers and any necessary third partiesthe RMR Agreements.

Dispatch. The Department shall have the right to Dispatch the Facility at any level of output between Minimum Load and Full Load during the Phase 1 Term-DLM and Auto-DLM Events can be called by the Company for response by Applicant. A Term-DLM Event or Test Event (for clarity and the avoidance of doubt, Test Event for Term-DLM or Auto-DLM, as the case might be, and as between Minimum Load and Maximum Load during the Phase 2 Term, by providing to Seller a dispatch notice (“Dispatch Notice”) in the form of Exhibit A attached hereto setting forth the Department’s desired hourly operating levels for the relevant Day, provided for by the definition hereunderthat: (a) may each such Dispatch Notice shall be called by the Company for response by Applicant on given to Seller not less than one hour prior to the Nomination Deadline for the relevant Day; (b) during the Phase 1 Term, any Dispatch shall be for a run time of no less than two hours’ (2) consecutive hours per Unit and during the Phase 2 Term, any Dispatch shall be for a run time of no less than six (6) consecutive hours per Unit; (c) any Dispatch that requires a Start-Up of a Unit or Units shall be provided with advance notice of not less than the Start-Up Notification Lead Time for such Unit or Units and shall reflect the typical ramp-up of Net Electrical Output during a Start-Up of such Unit or Units; (d) any Dispatch shall be subject to Applicantthe Permit Limits; (e) any Dispatch shall be within the limits of Net Electrical Output set forth in the applicable Availability Notice from Seller and subject to any lower limits that may result from mechanical or climatic conditions at the Facility arising subsequent to such Availability Notice; and (f) the rate of change in scheduled hourly levels of Net Electrical Output shall not exceed the ramp rate of the Facility operating in accordance with Accepted Electrical Practices. In the case of event that the Department provides a Term-DLM EventDispatch Notice that does not comply with the foregoing limitations, however, an Advisory must be issued by Seller shall notify the Company to Applicant at least 21 hours in advance. With respect to Term-DLM, Applicant must provide four hours of Load Relief during Contracted Hours. As noted previously by the Company to Applicant, including by the RFP, the Contracted Hours are established by the Company for each Network based on individual Network needs and will be posted on the Company’s website no later than January 1st for the upcoming Capability Period, or Department as soon thereafter as practicable. The Contracted Hours for any Customer that exports power to the Company shall be the Contracted Hours established by the Company for the Network unless the Company assigns an alternate fourSeller becomes aware of such non-hour periodcompliance. If the Company assigns an alternate four-hour period, then the Company will notify Applicant within ten calendar days of enrollment on the DR Portal. With respect to Auto-DLM, Applicant must provide four hours of Load Relief after receiving at least 10 minutes of notice by the Company. Events can be called in specific Networks, feeders, or geographical areas for peak shaving or reliability needs. Auto- DLM Events may also be called as part of Term-DLM Events, and Applicant will be expected to provide Load Relief during all such Events unless an Auto-DLM Event is called on the same day and Department provides a compliant replacement Dispatch Notice prior to the commencement of Nomination Deadline for the relevant Day, Seller shall operate the Facility in accordance with such replacement Dispatch Notice. If a Term-DLM Event applicable to compliant Dispatch Notice is not received by the ApplicantNomination Deadline, and, Seller shall operate the Facility in such cases, then the Auto-DLM Event need not be responded to prior to state called for in the commencement last hour of the ongoing Term-DLM Eventlast compliant Dispatch Notice until it receives a revision pursuant to Section 5.04. Applicant must be available to respond to Auto-DLM Events between 6 AM and 12 AM (midnight) seven days per week during the Capability Period. The Company will provide reasonable notification to ApplicantSeller shall, including by telephone, facsimile or e-mail, or machine-to-machine electronic signal, or a combination thereof, in advance confirm to the Department its receipt of the commencement of a Load Relief Period or Test Event. Applicant shall designate in the DR Portal an authorized representative and an alternate representative to receive notifications. For clarity and the avoidance of doubt, only Applicant will receive notifications hereunder from Con Edison, including, without limitation, notifications relating to any Load Relief Period or Test Event, and Applicant shall be responsible for notifying all of its participating Customers and any necessary third partieseach Dispatch Notice.