Common use of Metering and Dispatch Capabilities Clause in Contracts

Metering and Dispatch Capabilities. ‌ (a) The Supplier shall have a Metering Plan approved by the Buyer and shall deliver a copy to the Buyer for its approval no later than ninety (90) days prior to the earlier of the Milestone Date for Commercial Operation and the anticipated Commercial Operation Date. The Buyer shall review the Metering Plan submitted by the Supplier and either approve the Metering Plan or provide the Supplier with its comments within forty-five (45) days after receipt. The Buyer shall, when considering whether to approve the Metering Plan, have regard to those Electricity matters in the Metering Plan that have received System Operator approval. If, within fifteen (15) days after the Buyer has delivered its comments on the Metering Plan to the Supplier, the Parties are not able to agree on the final terms of the Metering Plan, the Parties shall submit the matter for determination by an Independent Engineer agreed upon by the Parties, acting reasonably, whose determination on the terms of the Metering Plan shall be final and binding on the Parties (and from whose determination there shall be no recourse to the dispute resolution provisions of this Agreement).‌ (b) The Supplier covenants and agrees to provide, at its expense, individual meters and ancillary metering and monitoring equipment for the Facility as required by the IESO Market Rules and sufficient to calculate the output of Electricity from the Facility net of any Station Service Loads and inclusive of any loss adjustment factors. The Buyer may obtain access internally to the revenue-quality interval meter data of the Facility provided to the Buyer under the IESO Market Rules to calculate the output of Electricity from the Facility net of any Station Service Loads and inclusive of any loss adjustment factors, or, if required, the Supplier shall provide the Buyer, for the purposes of this Agreement, the right to view, download and request such revenue-quality interval meter data of the Facility by establishing an Associated Relationship with the Buyer at the Delivery Point of the Facility within the Buyer’s “Meter Data Management” or “MDM” or “Meter Data Distribution” or “MDD” systems or their successors, at no cost to the Buyer. (c) The Supplier will provide the Buyer with a commissioning report for all Revenue Meter(s) referenced in the Metering Plan prior to any use of metering data for the purposes contemplated by this Agreement. The Buyer retains the right to audit, at any time during the Term, on reasonable notice to the Supplier and during normal business hours, the metering equipment to confirm the accuracy of the Metering Plan and the meter data of the Facility to confirm the accuracy of such data. The Supplier shall not make any material changes to the Metering Plan following approval by the Buyer or determination by the Independent Engineer contemplated in Section 2.7(a) (as applicable) without the prior written approval of the Buyer, which will not be unreasonably withheld or delayed. The Supplier shall promptly, and, in any event, within ten (10) Business Days after any change to the metering installation reflected in the Metering Plan occurs, provide an update to the Metering Plan for approval by the Buyer.

Appears in 3 contracts

Samples: Long Term Reliability Services Contract, E Lt 1 Contract, E Lt 1 Contract

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Metering and Dispatch Capabilities. ‌ (a) The Supplier shall have a Metering Plan approved by the Buyer and shall deliver a copy to the Buyer for its approval no later than ninety (90) days prior to the earlier of the Milestone Date for Commercial Operation and the anticipated Commercial Operation Date. The Buyer shall review the Metering Plan submitted by the Supplier and either approve the Metering Plan or provide the Supplier with its comments within forty-five (45) days after receipt. The Buyer shall, when considering whether to approve the Metering Plan, have regard to those Electricity matters in the Metering Plan that have received System Operator approval. If, within fifteen (15) days after the Buyer has delivered its comments on the Metering Plan to the Supplier, the Parties are not able to agree on the final terms of the Metering Plan, the Parties shall submit the matter for determination by an Independent Engineer agreed upon by the Parties, acting reasonably, whose determination on the terms of the Metering Plan shall be final and binding on the Parties (and from whose determination there shall be no recourse to the dispute resolution provisions of this Agreement).‌Agreement).‌ Draft (b) The Supplier covenants and agrees to provide, at its expense, individual meters and ancillary metering and monitoring equipment for the Facility as required by the IESO Market Rules and sufficient to calculate the output of Electricity from the Facility net of any Station Service Loads and inclusive of any loss adjustment factors. The Buyer may obtain access internally to the revenue-quality interval meter data of the Facility provided to the Buyer under the IESO Market Rules to calculate the output of Electricity from the Facility net of any Station Service Loads and inclusive of any loss adjustment factors, or, if required, the Supplier shall provide the Buyer, for the purposes of this Agreement, the right to view, download and request such revenue-quality interval meter data of the Facility by establishing an Associated Relationship with the Buyer at the Delivery Point of the Facility within the Buyer’s “Meter Data Management” or “MDM” or “Meter Data Distribution” or “MDD” systems or their successors, at no cost to the Buyer. (c) The Supplier will provide the Buyer with a commissioning report for all Revenue Meter(s) referenced in the Metering Plan prior to any use of metering data for the purposes contemplated by this Agreement. The Buyer retains the right to audit, at any time during the Term, on reasonable notice to the Supplier and during normal business hours, the metering equipment to confirm the accuracy of the Metering Plan and the meter data of the Facility to confirm the accuracy of such data. The Supplier shall not make any material changes to the Metering Plan following approval by the Buyer or determination by the Independent Engineer contemplated in Section 2.7(a) (as applicable) without the prior written approval of the Buyer, which will not be unreasonably withheld or delayed. The Supplier shall promptly, and, in any event, within ten (10) Business Days after any change to the metering installation reflected in the Metering Plan occurs, provide an update to the Metering Plan for approval by the Buyer.

Appears in 2 contracts

Samples: E Lt 1 Contract, Long Term Reliability Services Contract

Metering and Dispatch Capabilities. (a) The Supplier shall have a Metering Plan approved by the Buyer and shall deliver a copy to the Buyer for its approval no later than ninety (90) days prior to the earlier of the Milestone Date for Commercial Operation and the anticipated Commercial Operation Date. The Buyer shall review the Metering Plan submitted by the Supplier and either approve the Metering Plan or provide the Supplier with its comments within forty-five (45) days after receipt. The Buyer shall, when considering whether to approve the Metering Plan, have regard to those Electricity matters in the Metering Plan that have received System Operator approval. If, within fifteen (15) days after the Buyer has delivered its comments on the Metering Plan to the Supplier, the Parties are not able to agree on the final terms of the Metering Plan, the Parties shall submit the matter for determination by an Independent Engineer agreed upon by the Parties, acting reasonably, whose determination on the terms of the Metering Plan shall be final and binding on the Parties (and from whose determination there shall be no recourse to the dispute resolution provisions of this Agreement).‌Agreement).‌ Draft (b) The Supplier covenants and agrees to provide, at its expense, individual meters and ancillary metering and monitoring equipment for the Facility as required by the IESO Market Rules and sufficient to calculate the output of Electricity from the Facility net of any Station Service Loads and inclusive of any loss adjustment factors. The Buyer may obtain access internally to the revenue-quality interval meter data of the Facility provided to the Buyer under the IESO Market Rules to calculate the output of Electricity from the Facility net of any Station Service Loads and inclusive of any loss adjustment factors, or, if required, the Supplier shall provide the Buyer, for the purposes of this Agreement, the right to view, download and request such revenue-quality interval meter data of the Facility by establishing an Associated Relationship with the Buyer at the Delivery Point of the Facility within the Buyer’s “Meter Data Management” or “MDM” or “Meter Data Distribution” or “MDD” systems or their successors, at no cost to the Buyer.Buyer.‌‌ (c) The Supplier will provide the Buyer with a commissioning report for all Revenue Meter(s) referenced in the Metering Plan prior to any use of metering data for the purposes contemplated by this Agreement. The Buyer retains the right to audit, at any time during the Term, on reasonable notice to the Supplier and during normal business hours, the metering equipment to confirm the accuracy of the Metering Plan and the meter data of the Facility to confirm the accuracy of such data. The Supplier shall not make any material changes to the Metering Plan following approval by the Buyer or determination by the Independent Engineer contemplated in Section 2.7(a) (as applicable) without the prior written approval of the Buyer, which will not be unreasonably withheld or delayed. The Supplier shall promptly, and, in any event, within ten (10) Business Days after any change to the metering installation reflected in the Metering Plan occurs, provide an update to the Metering Plan for approval by the Buyer.The‌

Appears in 2 contracts

Samples: Long Term Reliability Services Contract, Long Term Reliability Services Contract

Metering and Dispatch Capabilities. (a) The Supplier shall have a Metering Plan approved by the Buyer and shall deliver a copy to the Buyer for its approval no later than ninety (90) days prior to the earlier of the Milestone Date for Commercial Operation and the anticipated Commercial Operation Date. The Buyer shall review the Metering Plan submitted by the Supplier and either approve the Metering Plan or provide the Supplier with its comments within forty-five (45) days after receipt. The Buyer shall, when considering whether to approve the Metering Plan, have regard to those Electricity matters in the Metering Plan that have received System Operator approval. If, within fifteen (15) days after the Buyer has delivered its comments on the Metering Plan to the Supplier, the Parties are not able to agree on the final terms of the Metering Plan, the Parties shall submit the matter for determination by an Independent Engineer agreed upon by the Parties, acting reasonably, whose determination on the terms of the Metering Plan shall be final and binding on the Parties (and from whose determination there shall be no recourse to the dispute resolution provisions of this Agreement).‌ (b) The Supplier covenants and agrees to provide, at its expense, individual separate meters and ancillary metering and monitoring equipment for the Contract Facility as required by the IESO Market Rules and sufficient Rules. The Supplier agrees to allow the Buyer to have viewing access rights only to the revenue-quality interval meter data of the Facility to calculate the output of Electricity from the Facility net of any Station Service Loads and inclusive of for any loss adjustment factors. The Buyer may obtain access internally to the revenue-quality interval meter data of the Facility provided to the Buyer under the IESO Market Rules to calculate the output of Electricity from the Facility net of any Station Service Loads and inclusive of any loss adjustment factors, or, if required, the Supplier shall provide the Buyer, for the purposes of this Agreement, the right to view, download and request such revenue-quality interval meter data of the Facility factors by establishing an Associated Relationship with between the Buyer at and the Delivery Point of the Facility within the Buyer’s “Meter Data Management” MVPortlet application tool (or “MDM” or “Meter Data Distribution” or “MDD” systems or their successorsthe equivalent thereof), at no cost to the Buyer. (cb) The Supplier will provide the Buyer with a commissioning report for all Revenue Meter(s) referenced in the Metering Plan prior to any use of metering data for the purposes contemplated by this Agreement. The Buyer retains the right to audit, at any time during the Term, on reasonable notice to the Supplier and during normal business hours, the metering equipment to confirm the accuracy of the Metering Plan Plan, and the meter data of the Contract Facility to confirm the accuracy of such data. The Supplier shall not make any material changes to have the Metering Plan following approval approved by the Buyer or determination and shall deliver a copy to the Buyer for its approval no later than sixty (60) days prior to the Milestone Date for the first Commercial Operation test pursuant to Section 2.6. The Buyer agrees to review the Metering Plan submitted by the Independent Engineer contemplated in Section 2.7(a) Supplier and to either approve the plan or provide the Supplier with its comments within fifteen (as applicable) without the prior written approval of the Buyer, which will not be unreasonably withheld or delayed. The Supplier shall promptly, and, in any event, within ten (1015) Business Days after any change to receipt. The Supplier will provide the metering installation reflected Buyer with a commissioning report for all revenue meters referenced in the Metering Plan occurs, provide an update prior to any use of metered data for the purposes expressed in Section 15.6. (c) The Supplier shall maintain (or be responsible for arranging on its behalf) a system satisfactory to the Metering Plan for approval by Buyer commencing the Buyer.day prior to the Term Commencement Date and continuing every day throughout the Term, to receive Directed Dispatch Orders from either the Buyer or the Dispatcher, as the case may be, prior to the applicable daily deadlines set out in Exhibit G.

Appears in 1 contract

Samples: Peking Generation Contract

Metering and Dispatch Capabilities. Draft (a) The Supplier shall have a Metering Plan approved by the Buyer and shall deliver a copy to the Buyer for its approval no later than ninety (90) days prior to the earlier of the Milestone Date for Commercial Operation and the anticipated Commercial Operation Date. The Buyer shall review the Metering Plan submitted by the Supplier and either approve the Metering Plan or provide the Supplier with its comments within forty-five (45) days after receipt. The Buyer shall, when considering whether to approve the Metering Plan, have regard to those Electricity matters in the Metering Plan that have received System Operator approval. If, within fifteen (15) days after the Buyer has delivered its comments on the Metering Plan to the Supplier, the Parties are not able to agree on the final terms of the Metering Plan, the Parties shall submit the matter for determination by an Independent Engineer agreed upon by the Parties, acting reasonably, whose determination on the terms of the Metering Plan shall be final and binding on the Parties (and from whose determination there shall be no recourse to the dispute resolution provisions of this Agreement).‌Agreement).‌‌ (b) The Supplier covenants and agrees to provide, at its expense, individual meters and ancillary metering and monitoring equipment for the Facility as required by the IESO Market Rules and sufficient to calculate the output of Electricity from the Facility net of any Station Service Loads and inclusive of any loss adjustment factors. The Buyer may obtain access internally to the revenue-quality interval meter data of the Facility provided to the Buyer under the IESO Market Rules to calculate the output of Electricity from the Facility net of any Station Service Loads and inclusive of any loss adjustment factors, or, if required, the Supplier shall provide the Buyer, for the purposes of this Agreement, the right to view, download and request such revenue-quality interval meter data of the Facility by establishing an Associated Relationship with the Buyer at the Delivery Point of the Facility within the Buyer’s “Meter Data Management” or “MDM” or “Meter Data Distribution” or “MDD” systems or their successors, at no cost to the Buyer.Buyer.‌ (c) The Supplier will provide the Buyer with a commissioning report for all Revenue Meter(s) referenced in the Metering Plan prior to any use of metering data for the purposes contemplated by this Agreement. The Buyer retains the right to audit, at any time during the Term, on reasonable notice to the Supplier and during normal business hours, the metering equipment to confirm the accuracy of the Metering Plan and the meter data of the Facility to confirm the accuracy of such data. The Supplier shall not make any material changes to the Metering Plan following approval by the Buyer or determination by the Independent Engineer contemplated in Section 2.7(a) (as applicable) without the prior written approval of the Buyer, which will not be unreasonably withheld or delayed. The Supplier shall promptly, and, in any event, within ten (10) Business Days after any change to the metering installation reflected in the Metering Plan occurs, provide an update to the Metering Plan for approval by the Buyer.Buyer.‌

Appears in 1 contract

Samples: Long Term Reliability Services Contract

Metering and Dispatch Capabilities. ‌ (a) The Supplier shall have a Metering Plan approved by the Buyer Sponsor and shall deliver a copy in the Prescribed Form to the Buyer Sponsor for its approval no later than ninety (90) days prior to the earlier of the Milestone Date for Commercial Operation and the anticipated Commercial Operation Date. The Buyer Sponsor shall review the Metering Plan submitted by the Supplier and either approve the Metering Plan or provide the Supplier with its comments within forty-five (45) days after receipt. The Buyer Sponsor shall, when considering whether to approve the Metering Plan, have regard to those Electricity matters in the Metering Plan that have received System Operator approval. If, within fifteen (15) days after the Buyer Sponsor has delivered its comments on the Metering Plan to the Supplier, the Parties are not able to agree on the final terms of the Metering Plan, the Parties shall submit the matter for determination by an Independent Engineer agreed upon by the Parties, acting reasonably, whose determination on the terms of the Metering Plan shall be final and binding on the Parties (and from whose determination there shall be no recourse to the dispute resolution provisions of this Agreement).‌Agreement). The Metering Plan shall be updated promptly, and, in any event, within ten (10) Business Days after any change to the metering installation occurs. (b) The Supplier covenants and agrees to provide, at its expense, individual meters separate meter(s) and ancillary metering and monitoring equipment for the Facility as required by the IESO Market Rules and sufficient to calculate the output of Electricity from the Facility net of any Station Service Loads and inclusive of any loss adjustment factorsRules. The Buyer Sponsor may obtain access internally to the revenue-quality interval meter data of the Facility provided to the Buyer under the IESO Market Rules System Operator to calculate the output of Electricity from the Facility net of any Station Service Loads and inclusive of for any loss adjustment factors, or, if required, the Supplier shall provide the BuyerSponsor, for the purposes of this Agreement, the right to view, download download, and request such revenue-quality interval meter data of the Facility by establishing an Associated Relationship with the Buyer Sponsor at the each Delivery Point of the Facility within the BuyerSystem Operator’s “Meter Data Management” or “MDM” or and “Meter Data Distribution” or “MDD” systems or their successors, at no cost to the Buyer.Sponsor.‌ (c) The Supplier will provide the Buyer Sponsor with a commissioning report for all Revenue Meter(s) referenced in the Metering Plan prior to any use of metering data for the purposes contemplated by this Agreement. The Buyer Sponsor retains the right to audit, at any time during the Term, on reasonable notice to the Supplier and during normal business hours, the metering equipment to confirm the accuracy of the Metering Plan Plan, and the meter metering data of the Facility to confirm the accuracy of such data. The Supplier shall not make any material changes to the Metering Plan following approval by the Buyer Sponsor or determination by the Independent Engineer contemplated in Section 2.7(a) (as applicable) without the prior written approval of the BuyerSponsor, which will not be unreasonably withheld or delayed. The Supplier shall promptly, and, in any event, within ten (10) Business Days after any change to the metering installation reflected in the Metering Plan occurs, provide an update to the Metering Plan for approval by the Buyeracting reasonably.

Appears in 1 contract

Samples: Energy Storage Facility Agreement

Metering and Dispatch Capabilities. ‌ Draft (a) The Supplier shall have a Metering Plan approved by the Buyer and shall deliver a copy to the Buyer for its approval no later than ninety (90) days prior to the earlier of the Milestone Date for Commercial Operation and the anticipated Commercial Operation Date. The Buyer shall review the Metering Plan submitted by the Supplier and either approve the Metering Plan or provide the Supplier with its comments within forty-five (45) days after receipt. The Buyer shall, when considering whether to approve the Metering Plan, have regard to those Electricity matters in the Metering Plan that have received System Operator approval. If, within fifteen (15) days after the Buyer has delivered its comments on the Metering Plan to the Supplier, the Parties are not able to agree on the final terms of the Metering Plan, the Parties shall submit the matter for determination by an Independent Engineer agreed upon by the Parties, acting reasonably, whose determination on the terms of the Metering Plan shall be final and binding on the Parties (and from whose determination there shall be no recourse to the dispute resolution provisions of this Agreement).‌Agreement). The Metering Plan shall be updated promptly, and, in any event, within ten (10) Business Days after any change to the metering installation occurs.‌ (b) The Supplier covenants and agrees to provide, at its expense, individual meters and ancillary metering and monitoring equipment for the Facility as required by the IESO Market Rules and sufficient to calculate the output of Electricity from the Facility net of any Station Service Loads and inclusive of any loss adjustment factors. The Buyer may obtain access internally to the revenue-quality interval meter data of the Facility provided to the Buyer under the IESO Market Rules to calculate the output of Electricity from the Facility net of any Station Service Loads and inclusive of any loss adjustment factors, or, if required, the Supplier shall provide the Buyer, for the purposes of this Agreement, the right to view, download and request such revenue-quality interval meter data of the Facility by establishing an Associated Relationship with the Buyer at the Delivery Point of the Facility within the Buyer’s “Meter Data Management” or “MDM” or “Meter Data Distribution” or “MDD” systems or their successors, at no cost to the Buyer. (c) The Supplier will provide the Buyer with a commissioning report for all Revenue Meter(s) referenced in the Metering Plan prior to any use of metering data for the purposes contemplated by this Agreement. The Buyer retains the right to audit, at any time during the Term, on reasonable notice to the Supplier and during normal business hours, the metering equipment to confirm the accuracy of the Metering Plan and the meter data of the Facility to confirm the accuracy of such data. The Supplier shall not make any material changes to the Metering Plan following approval by the Buyer or determination by the Independent Engineer contemplated in Section 2.7(a) (as applicable) without the prior written approval of the Buyer, which will not be unreasonably withheld or delayed. The Supplier shall promptly, and, in any event, within ten (10) Business Days after any change to the metering installation reflected in the Metering Plan occurs, provide an update to the Metering Plan for approval by the Buyer.

Appears in 1 contract

Samples: E Lt 1 Contract

Metering and Dispatch Capabilities. ‌ (a) The Supplier shall have a Metering Plan approved by the Buyer and shall deliver a copy to the Buyer for its approval no later than ninety (90) days prior to the earlier of the Milestone Date for Commercial Operation and the anticipated Commercial Operation Date. The Buyer shall review the Metering Plan submitted by the Supplier and either approve the Metering Plan or provide the Supplier with its comments within forty-five (45) days after receipt. The Buyer shall, when considering whether to approve the Metering Plan, have regard to those Electricity matters in the Metering Plan that have received System Operator approval. If, within fifteen (15) days after the Buyer has delivered its comments on the Metering Plan to the Supplier, the Parties are not able to agree on the final terms of the Metering Plan, the Parties shall submit the matter for determination by an Independent Engineer agreed upon by the Parties, acting reasonably, whose determination on the terms of the Metering Plan shall be final and binding on the Parties (and from whose determination there shall be no recourse to the dispute resolution provisions of this Agreement).‌ (b) The Supplier covenants and agrees to provide, at its expense, individual meters and ancillary metering and monitoring equipment for the Facility as required by the IESO Market Rules and sufficient to calculate the output of Electricity from the Facility net of any Station Service Loads and inclusive of for any loss adjustment factors. The Buyer may obtain access internally to the revenue-quality interval meter data of the Facility provided to the Buyer under the IESO Market Rules to calculate the output of Electricity from the Facility net of any Station Service Loads and inclusive of for any loss loss, adjustment factors, or, if required, the Supplier shall provide the Buyer, for the purposes of this Agreement, the right to view, download and request such revenue-quality interval meter data of the Facility by establishing an Associated Relationship with the Buyer at the Delivery Point of the Facility within the Buyer’s “Meter Data Management” or “MDM” or “Meter Data Distribution” or “MDD” systems or their successors, at no cost to the Buyer. (cb) The Supplier will provide the Buyer with a commissioning report for all Revenue Meter(s) referenced in the Metering Plan prior to any use of metering data for the purposes contemplated by this Agreement. The Buyer retains the right to audit, at any time during the Term, on reasonable notice to the Supplier and during normal business hours, the metering equipment to confirm the accuracy of the Metering Plan and the meter data of the Facility to confirm the accuracy of such data. The Supplier shall not make any material changes to deliver a draft of the Metering Plan following to the Buyer for its approval no later than one hundred and fifty days (150) days prior to the PTC Verification Period pursuant to Section 2.2(a). The Buyer agrees to review the Metering Plan submitted by the Buyer Supplier and to either approve the plan or determination by provide the Independent Engineer contemplated in Section 2.7(a) Supplier with its comments within thirty (as applicable) without the prior written approval of the Buyer, which will not be unreasonably withheld or delayed. The Supplier shall promptly, and, in any event, within ten (1030) Business Days after any change receipt. If the Buyer has not approved the Metering Plan, the Supplier shall revise the Metering Plan to reflect the Buyer’s comments and shall resubmit it to the metering installation reflected Buyer for approval. The Supplier will provide the Buyer with a commissioning report for all revenue meters referenced in the Metering Plan occurs, provide an update prior to any use of metered data for the Metering Plan for approval by the Buyerpurposes expressed in Section 14.6.

Appears in 1 contract

Samples: Medium Term Capacity Contract

Metering and Dispatch Capabilities. ‌ (a) The Supplier shall have a Metering Plan approved by the Buyer and shall deliver a copy to the Buyer for its approval no later than ninety (90) days prior to the earlier of the Milestone Date for Commercial Operation and the anticipated Commercial Operation Date. The Buyer shall review the Metering Plan submitted by the Supplier and either approve the Metering Plan or provide the Supplier with its comments within forty-five (45) days after receipt. The Buyer shall, when considering whether to approve the Metering Plan, have regard to those Electricity matters in the Metering Plan that have received System Operator approval. If, within fifteen (15) days after the Buyer has delivered its comments on the Metering Plan to the Supplier, the Parties are not able to agree on the final terms of the Metering Plan, the Parties shall submit the matter for determination by an Independent Engineer agreed upon by the Parties, acting reasonably, whose determination on the terms of the Metering Plan shall be final and binding on the Parties (and from whose determination there shall be no recourse to the dispute resolution provisions of this Agreement).‌ (b) The Supplier covenants and agrees to provide, at its expense, individual meters and ancillary metering and monitoring equipment for the Facility as required by the IESO Market Rules and sufficient to calculate the output of Electricity from the Facility net of any Station Service Loads and inclusive of any loss adjustment factors. The Buyer may obtain access internally to the revenue-quality interval meter data of the Facility provided to the Buyer under the IESO Market Rules to calculate the output of Electricity from the Facility net of any Station Service Loads and inclusive of any loss adjustment factors, or, if required, the Supplier shall provide the Buyer, for the purposes of this Agreement, the right to view, download and request such revenue-quality interval meter data of the Facility by establishing an Associated Relationship with the Buyer at the Delivery Point of the Facility within the Buyer’s “Meter Data Management” or “MDM” or “Meter Data Distribution” or “MDD” systems or their successors, at no cost to the Buyer.Buyer.‌ Draft (c) The Supplier will provide the Buyer with a commissioning report for all Revenue Meter(s) referenced in the Metering Plan prior to any use of metering data for the purposes contemplated by this Agreement. The Buyer retains the right to audit, at any time during the Term, on reasonable notice to the Supplier and during normal business hours, the metering equipment to confirm the accuracy of the Metering Plan and the meter data of the Facility to confirm the accuracy of such data. The Supplier shall not make any material changes to the Metering Plan following approval by the Buyer or determination by the Independent Engineer contemplated in Section 2.7(a) (as applicable) without the prior written approval of the Buyer, which will not be unreasonably withheld or delayed. The Supplier shall promptly, and, in any event, within ten (10) Business Days after any change to the metering installation reflected in the Metering Plan occurs, provide an update to the Metering Plan for approval by the Buyer.Buyer.‌‌

Appears in 1 contract

Samples: E Lt 1 Contract

Metering and Dispatch Capabilities. ‌ (a) The Supplier shall have a Metering Plan approved by the Buyer and shall deliver a copy to the Buyer for its approval no later than ninety (90) days prior to the earlier of the Milestone Date for Commercial Operation and the anticipated Commercial Operation Date. The Buyer shall review the Metering Plan submitted by the Supplier and either approve the Metering Plan or provide the Supplier with its its‌ comments within forty-five (45) days after receipt. The Buyer shall, when considering whether to approve the Metering Plan, have regard to those Electricity matters in the Metering Plan that have received System Operator approval. If, within fifteen (15) days after the Buyer has delivered its comments on the Metering Plan to the Supplier, the Parties are not able to agree on the final terms of the Metering Plan, the Parties shall submit the matter for determination by an Independent Engineer agreed upon by the Parties, acting reasonably, whose determination on the terms of the Metering Plan shall be final and binding on the Parties (and from whose determination there shall be no recourse to the dispute resolution provisions of this Agreement).‌Agreement). (b) The Supplier covenants and agrees to provide, at its expense, individual meters and ancillary metering and monitoring equipment for the Facility as required by the IESO Market Rules and sufficient to calculate the output of Electricity from the Facility net of any Station Service Loads and inclusive of any loss adjustment factors. The Buyer may obtain access internally to the revenue-quality interval meter data of the Facility provided to the Buyer under the IESO Market Rules to calculate the output of Electricity from the Facility net of any Station Service Loads and inclusive of any loss adjustment factors, or, if required, the Supplier shall provide the Buyer, for the purposes of this Agreement, the right to view, download and request such revenue-quality interval meter data of the Facility by establishing an Associated Relationship with the Buyer at the Delivery Point of the Facility within the Buyer’s “Meter Data Management” or “MDM” or “Meter Data Distribution” or “MDD” systems or their successors, at no cost to the Buyer.. Draft (c) The Supplier will provide the Buyer with a commissioning report for all Revenue Meter(s) referenced in the Metering Plan prior to any use of metering data for the purposes contemplated by this Agreement. The Buyer retains the right to audit, at any time during the Term, on reasonable notice to the Supplier and during normal business hours, the metering equipment to confirm the accuracy of the Metering Plan and the meter data of the Facility to confirm the accuracy of such data. The Supplier shall not make any material changes to the Metering Plan following approval by the Buyer or determination by the Independent Engineer contemplated in Section 2.7(a) (as applicable) without the prior written approval of the Buyer, which will not be unreasonably withheld or delayed. The Supplier shall promptly, and, in any event, within ten (10) Business Days after any change to the metering installation reflected in the Metering Plan occurs, provide an update to the Metering Plan for approval by the Buyer.

Appears in 1 contract

Samples: E Lt 1 Contract

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Metering and Dispatch Capabilities. (a) The Supplier shall have a Metering Plan approved by the Buyer and shall deliver a copy to the Buyer for its approval no later than ninety (90) days prior to the earlier of the Milestone Date for Commercial Operation and the anticipated Commercial Operation Date. The Buyer shall review the Metering Plan submitted by the Supplier and either approve the Metering Plan or provide the Supplier with its comments within forty-five (45) days after receipt. The Buyer shall, when considering whether to approve the Metering Plan, have regard to those Electricity matters in the Metering Plan that have received System Operator approval. If, within fifteen (15) days after the Buyer has delivered its comments on the Metering Plan to the Supplier, the Parties are not able to agree on the final terms of the Metering Plan, the Parties shall submit the matter for determination by an Independent Engineer agreed upon by the Parties, acting reasonably, whose determination on the terms of the Metering Plan shall be final and binding on the Parties (and from whose determination there shall be no recourse to the dispute resolution provisions of this Agreement).‌ (b) The Supplier covenants and agrees to provide, at its expense, individual separate meters and ancillary metering and monitoring equipment for the Facility as required by the IESO Market Rules and sufficient Rules. The Supplier agrees to allow the Buyer to have viewing access rights only to the revenue-quality interval meter data of the Facility to calculate the output of Electricity from the Facility net of any Station Service Loads and inclusive of for any loss adjustment factors. The Buyer may obtain access internally to the revenue-quality interval meter data of the Facility provided to the Buyer under the IESO Market Rules to calculate the output of Electricity from the Facility net of any Station Service Loads and inclusive of any loss adjustment factors, or, if required, the Supplier shall provide the Buyer, for the purposes of this Agreement, the right to view, download and request such revenue-quality interval meter data of the Facility factors by establishing an Associated Relationship with between the Buyer at and the Delivery Point of the Facility within the Buyer’s “Meter Data Management” MVPortlet application tool (or “MDM” or “Meter Data Distribution” or “MDD” systems or their successorsthe equivalent thereof), at no cost to the Buyer. (cb) The Supplier will provide the Buyer with a commissioning report for all Revenue Meter(s) referenced in the Metering Plan prior to any use of metering data for the purposes contemplated by this Agreement. The Buyer retains the right to audit, at any time during the Term, on reasonable notice to the Supplier and during normal business hours, the metering equipment to confirm the accuracy of the Metering Plan Plan, and the meter data of the Facility to confirm the accuracy of such data. The Supplier shall not make any material changes to have the Metering Plan following approval approved by the Buyer or determination and shall deliver a copy to the Buyer for its approval no later than sixty (60) days prior to the Milestone Date for the first Commercial Operation test pursuant to Section 2.6. The Buyer agrees to review the Metering Plan submitted by the Independent Engineer contemplated in Section 2.7(a) Supplier and to either approve the plan or provide the Supplier with its comments within fifteen (as applicable) without the prior written approval of the Buyer, which will not be unreasonably withheld or delayed. The Supplier shall promptly, and, in any event, within ten (1015) Business Days after any change to receipt. The Supplier will provide the metering installation reflected Buyer with a commissioning report for all revenue meters referenced in the Metering Plan occurs, provide an update prior to any use of metered data for the purposes expressed in Section 15.6. (c) The Supplier shall maintain (or be responsible for arranging on its behalf) a system satisfactory to the Metering Plan for approval by Buyer commencing the Buyer.day prior to the Term Commencement Date and continuing every day throughout the Term, to receive Directed Dispatch Orders from either the Buyer or the Dispatcher, as the case may be, prior to the applicable daily deadlines set out in Exhibit G.

Appears in 1 contract

Samples: Clean Energy Supply Contract

Metering and Dispatch Capabilities. ‌ (a) The Supplier shall have a Metering Plan approved by the Buyer and shall deliver a copy to the Buyer for its approval no later than ninety (90) days prior to the earlier of the Milestone Date for Commercial Operation and the anticipated Commercial Operation Date. The Buyer shall review the Metering Plan submitted by the Supplier and either approve the Metering Plan or provide the Supplier with its comments within forty-five (45) days after receipt. The Buyer shall, when considering whether to approve the Metering Plan, have regard to those Electricity matters in the Metering Plan that have received System Operator approval. If, within fifteen (15) days after the Buyer has delivered its comments on the Metering Plan to the Supplier, the Parties are not able to agree on the final terms of the Metering Plan, the Parties shall submit the matter for determination by an Independent Engineer agreed upon by the Parties, acting reasonably, whose determination on the terms of the Metering Plan shall be final and binding on the Parties (and from whose determination there shall be no recourse to the dispute resolution provisions of this Agreement).‌ (b) The Supplier covenants and agrees to provide, at its expense, individual meters and ancillary metering and monitoring equipment for the Facility as required by the IESO Market Rules and sufficient to calculate the output of Electricity from the Facility net of any Station Service Loads and inclusive of for any loss adjustment factors. The Buyer may obtain access internally to the revenue-quality interval meter data of the Facility provided to the Buyer under the IESO Market Rules to calculate the output of Electricity from the Facility net of any Station Service Loads and inclusive of for any loss loss, adjustment factors, or, if required, the Supplier shall provide the Buyer, for the purposes of this Agreement, the right to view, download and request such revenue-quality interval meter data of the Facility by establishing an Associated Relationship with the Buyer at the Delivery Point of the Facility within the Buyer’s “Meter Data Management” or “MDM” or “Meter Data Distribution” or “MDD” systems or their successors, at no cost to the Buyer. (cb) The Supplier will provide the Buyer with a commissioning report for all Revenue Meter(s) referenced in the Metering Plan prior to any use of metering data for the purposes contemplated by this Agreement. The Buyer retains the right to audit, at any time during the Term, on reasonable notice to the Supplier and during normal business hours, the metering equipment to confirm the accuracy of the Electricity Metering Plan Plan, and the meter data of the Facility to confirm the accuracy of such data. The Supplier shall not make any material changes to Parties acknowledge that the Electricity Metering Plan following approval was submitted by the Supplier and approved by the Buyer or determination under the Existing Agreement and that the Supplier has provided the Buyer with a commissioning report for all meters referenced in the Electricity Metering Plan. (c) The Buyer retains the right to audit, at any time during the Term, on reasonable notice to the Supplier and during normal business hours, the metering equipment to confirm the accuracy of the Fuel Metering Plan, and the meter data of Facility to confirm the accuracy of such data. The Parties acknowledge that the Fuel Metering Plan was submitted by the Independent Engineer contemplated Supplier and approved by the Buyer under the Existing Agreement and that the Supplier has provided the Buyer with a commissioning report for all meters referenced in Section 2.7(athe Fuel Metering Plan. (d) (as applicable) without the prior written approval of the Buyer, which will not be unreasonably withheld or delayed. The Supplier shall update the Electricity Metering Plan and the Fuel Metering Plan, promptly, and, in any event, within ten (10) Business Days after any change to the applicable metering installation reflected in the Metering Plan occurs, provide an update to the Metering Plan for approval by the Buyer.

Appears in 1 contract

Samples: Energy Supply Agreement

Metering and Dispatch Capabilities. Draft (a) The Supplier shall have a Metering Plan approved by the Buyer and shall deliver a copy to the Buyer for its approval no later than ninety (90) days prior to the earlier of the Milestone Date for Commercial Operation and the anticipated Commercial Operation Date. The Buyer shall review the Metering Plan submitted by the Supplier and either approve the Metering Plan or provide the Supplier with its comments within forty-five (45) days after receipt. The Buyer shall, when considering whether to approve the Metering Plan, have regard to those Electricity matters in the Metering Plan that have received System Operator approval. If, within fifteen (15) days after the Buyer has delivered its comments on the Metering Plan to the Supplier, the Parties are not able to agree on the final terms of the Metering Plan, the Parties shall submit the matter for determination by an Independent Engineer agreed upon by the Parties, acting reasonably, whose determination on the terms of the Metering Plan shall be final and binding on the Parties (and from whose determination there shall be no recourse to the dispute resolution provisions of this Agreement).‌Agreement). The Metering Plan shall be updated promptly, and, in any event, within ten (10) Business Days after any change to the metering installation occurs.‌‌‌‌‌‌ (b) The Supplier covenants and agrees to provide, at its expense, individual meters and ancillary metering and monitoring equipment for the Facility as required by the IESO Market Rules and sufficient to calculate the output of Electricity from the Facility net of any Station Service Loads and inclusive of any loss adjustment factors. The Buyer may obtain access internally to the revenue-quality interval meter data of the Facility provided to the Buyer under the IESO Market Rules to calculate the output of Electricity from the Facility net of any Station Service Loads and inclusive of any loss adjustment factors, or, if required, the Supplier shall provide the Buyer, for the purposes of this Agreement, the right to view, download and request such revenue-quality interval meter data of the Facility by establishing an Associated Relationship with the Buyer at the Delivery Point of the Facility within the Buyer’s “Meter Data Management” or “MDM” or “Meter Data Distribution” or “MDD” systems or their successors, at no cost to the Buyer. (c) The Supplier will provide the Buyer with a commissioning report for all Revenue Meter(s) referenced in the Metering Plan prior to any use of metering data for the purposes contemplated by this Agreement. The Buyer retains the right to audit, at any time during the Term, on reasonable notice to the Supplier and during normal business hours, the metering equipment to confirm the accuracy of the Metering Plan and the meter data of the Facility to confirm the accuracy of such data. The Supplier shall not make any material changes to the Metering Plan following approval by the Buyer or determination by the Independent Engineer contemplated in Section 2.7(a) (as applicable) without the prior written approval of the Buyer, which will not be unreasonably withheld or delayed. The Supplier shall promptly, and, in any event, within ten (10) Business Days after any change to the metering installation reflected in the Metering Plan occurs, provide an update to the Metering Plan for approval by the Buyer.to‌

Appears in 1 contract

Samples: E Lt 1 Contract

Metering and Dispatch Capabilities. ‌ (a) The Supplier shall have a Metering Plan approved by the Buyer and shall deliver a copy to the Buyer for its approval no later than ninety (90) days prior to the earlier of the Milestone Date for Commercial Operation and the anticipated Commercial Operation Date. The Buyer shall review the Metering Plan submitted by the Supplier and either approve the Metering Plan or provide the Supplier with its comments within forty-five (45) days after receipt. The Buyer shall, when considering whether to approve the Metering Plan, have regard to those Electricity matters in the Metering Plan that have received System Operator approval. If, within fifteen (15) days after the Buyer has delivered its comments on the Metering Plan to the Supplier, the Parties are not able to agree on the final terms of the Metering Plan, the Parties shall submit the matter for determination by an Independent Engineer agreed upon by the Parties, acting reasonably, whose determination on the terms of the Metering Plan shall be final and binding on the Parties (and from whose determination there shall be no recourse to the dispute resolution provisions of this Agreement).‌ (b) The Supplier covenants and agrees to provide, at its expense, individual meters and ancillary metering and monitoring equipment for the Facility as required by the IESO Market Rules and sufficient to calculate the output of Electricity from the Facility net of any Station Service Loads and inclusive of any loss adjustment factors. The Buyer may obtain access internally to the revenue-quality interval meter data of the Facility provided to the Buyer under the IESO Market Rules to calculate the output of Electricity from the Facility net of any Station Service Loads and inclusive of any loss adjustment factors, or, if required, the Supplier shall provide the Buyer, for the purposes of this Agreement, the right to view, download and request such revenue-quality interval meter data of the Facility by establishing an Associated Relationship with the Buyer at the Delivery Point of the Facility within the Buyer’s “Meter Data Management” or “MDM” or “Meter Data Distribution” or “MDD” systems or their successors, at no cost to the Buyer. (cb) The Supplier will provide the Buyer with a commissioning report for all Revenue Meter(s) referenced in the Metering Plan prior to any use of metering data for the purposes contemplated by this Agreement. The Buyer retains the right to audit, at any time during the Term, on reasonable notice to the Supplier and during normal business hours, the metering equipment to confirm the accuracy of the Metering Plan Plan, and the meter data of the Facility to confirm the accuracy of such data. The Supplier shall not make any material changes to have the Metering Plan following approval approved by the Buyer or determination by the Independent Engineer contemplated in Section 2.7(a) (as applicable) without the prior written approval of the Buyer, which will not be unreasonably withheld or delayed. The Supplier and shall promptly, and, in any event, within ten (10) Business Days after any change use its Commercially Reasonable Efforts to deliver a copy to the metering installation reflected in the Metering Plan occurs, provide an update Buyer for its approval no later than sixty (60) days prior to the Metering Plan for approval Term Commencement Date and amend the plan, if required, by no later than sixty (60) days after Term Commencement Date to incorporate any information that the Buyer.Supplier was not able to acquire before becoming the Market Participant and Metered

Appears in 1 contract

Samples: Clean Energy Supply Contract

Metering and Dispatch Capabilities. (a) The Supplier shall have a Metering Plan approved by the Buyer Sponsor and shall deliver a copy in the Prescribed Form to the Buyer Sponsor for its approval no later than ninety (90) 90 days prior to the earlier of the Milestone Date for Commercial Operation and the anticipated Commercial Operation DateOperation. The Buyer Sponsor shall review the Metering Plan submitted by the Supplier and either approve the Metering Plan or provide the Supplier with its comments within forty-five (45) 45 days after receipt. The Buyer Sponsor shall, when considering whether to approve the Metering Plan, have regard to those Electricity matters in the Metering Plan that have received System Operator or LDC approval, as applicable. If, within fifteen (15) 15 days after the Buyer Sponsor has delivered its comments on the Metering Plan to the Supplier, the Parties are not able to agree on the final terms of the Metering Plan, the Parties shall submit the matter for determination by an Independent Engineer agreed upon by the Parties, acting reasonably, whose determination on the terms of the Metering Plan shall be final and binding on the Parties (and from whose determination there shall be no recourse to the dispute resolution provisions of this Agreement).‌Agreement). The Metering Plan shall be updated promptly, and, in any event, within ten (10) Business Days after any change to the metering installation occurs. (b) The If the Facility is or becomes a Registered Facility in the IESO-Administered Market, the Supplier covenants and agrees to provide, at its expense, individual meters separate meter(s) and ancillary metering and monitoring equipment for the Facility as required by the IESO Market Rules and sufficient Rules. The Supplier agrees to allow the Sponsor to have viewing access rights only to the revenue-quality interval metering data of the Facility to calculate on an hourly basis the output of Delivered Electricity from the Facility net of any Station Service Loads and the Withdrawn Electricity, inclusive of any loss adjustment factors. The Buyer may obtain access internally , by establishing an Associated Relationship between the Sponsor and the Connection Point of the Facility within the MVPortal application tool or equivalent, at no cost to the Sponsor. (c) If the Facility does not become, or ceases to be, a Registered Facility in the IESO- Administered Market, the Supplier agrees to ensure that revenue-quality interval meter data of the Facility provided to the Buyer under the IESO Market Rules meter(s) will be operated and maintained, at its expense, (i) to calculate on an hourly basis the output of Withdrawn and Delivered Electricity to and from the Facility at the Connection Point, net of any Station Service Loads and inclusive of any loss adjustment factors, or(ii) if requested, if requiredto allow the Sponsor or its representative to have interrogation access rights only to the revenue-quality interval meter for the sole purpose of downloading metering data, and (iii) to provide the Sponsor with access to metering data via the LDC Portal or the System Operator’s MVPortal, or equivalent. In the event that the LDC Portal, the System Operator’s MVPortal or equivalent is not able to provide access to the metering data, the Supplier shall provide must supply validated metering data to the BuyerSponsor in one of the following formats: .XML or .CSV, by no later than five (5) Business Days after the end of each Settlement Month. Revenue Meter(s) registered with the System Operator or provided by an LDC can be used to fulfil this obligation, in whole or in part, so long as the Metering Plan specifies: (i) how the metered quantities from those meter(s) will be adjusted, if necessary, to account for any electrical losses that may occur due to differences between the purposes physical locations of this Agreementthe meter(s) and the Connection Point, and (ii) how the metered quantities from those meter(s) will be totalled, if necessary, with other revenue-quality metering data to accurately calculate the Delivered Electricity net of any Station Service Loads and to accurately calculate Withdrawn Electricity. Furthermore, the right to view, download and request Supplier agrees that the Sponsor may retain a metering service provider for such revenue-quality interval meter data meter(s) and the Supplier shall reimburse the Sponsor for the costs of such metering service provider. Such costs may be set off from any Monthly Payment that the Facility by establishing an Associated Relationship with the Buyer at the Delivery Point of the Facility within the Buyer’s “Meter Data Management” or “MDM” or “Meter Data Distribution” or “MDD” systems or their successors, at no cost Sponsor owes to the BuyerSupplier. (cd) The Supplier will provide the Buyer Sponsor with a commissioning report for all Revenue Meter(s) referenced in the Metering Plan prior to any use of metering data for the purposes contemplated by this Agreement. The Buyer Sponsor retains the right to audit, at any time during the Term, on reasonable notice to the Supplier and during normal business hours, the metering equipment to confirm the accuracy of the Metering Plan Plan, and the meter metering data of the Facility to confirm the accuracy of such data. The Supplier shall not make any material changes to the Metering Plan following approval by the Buyer Sponsor or determination by the Independent Engineer contemplated in Section 2.7(a) (as applicable) without the prior written approval of the BuyerSponsor, which will not be unreasonably withheld or delayed. The Supplier shall promptly, and, in any event, within ten (10) Business Days after any change to the metering installation reflected in the Metering Plan occurs, provide an update to the Metering Plan for approval by the Buyeracting reasonably.

Appears in 1 contract

Samples: Energy Storage Facility Agreement

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