Common use of Operation and Control Clause in Contracts

Operation and Control. 6.1 Seller shall operate and maintain the Facility in a safe manner in accordance with the Generation Interconnection Agreement, Prudent Electrical Practices and in accordance with the requirements of all applicable federal, state and local laws and the National Electric Safety Code as such laws and code may be amended from time to time. PacifiCorp shall have no obligation to purchase Net Output or Delivered Energy from the Facility to the extent the interconnection between the Facility and PacifiCorp’s electric system is disconnected, suspended or interrupted, in whole or in part, pursuant to the Generation Interconnection Agreement, or to the extent generation curtailment is required as a result of Seller’s non-compliance with the Generation Interconnection Agreement. 6.2 Seller may cease operation of the entire Facility or individual units, if applicable, for Scheduled Maintenance Periods not to exceed a total of sixty (60) days each Contract Year at such times as are provided in the monthly maintenance schedule set forth as Exhibit D. 6.3 If the Facility ceases operation for unscheduled maintenance, Seller immediately shall notify PacifiCorp of the necessity of such unscheduled maintenance, the time when such shutdown has occurred or will occur and the anticipated duration of such shutdown. Seller shall take all reasonable measures and exercise its best efforts to avoid unscheduled maintenance, to limit the duration of such unscheduled maintenance, and to perform unscheduled maintenance during non-peak hours. 6.4 Delivered Energy shall be provided per Seller’s schedule. Seller shall provide Buyer its estimated delivery pattern from the Seller’s qualifying facility on the first business day of the month or as soon thereafter as practicable, for the following calendar month. Seller shall provide such schedules and schedule changes to PacifiCorp’s scheduling personnel per Section 23 using the best information available, but it is understood that the delivery pattern is only an estimate and, therefore, shall not be binding on Seller.

Operation and Control. 6.1 Seller shall operate and maintain the Facility in a safe manner in accordance with the Generation Interconnection Agreement, Prudent Electrical Practices and in accordance with the requirements of all applicable federal, state and local laws and the National Electric Safety Code as such laws and code may be amended from time to time. PacifiCorp shall have no obligation to purchase Net Output or Delivered Energy from the Facility to the extent the interconnection between the Facility and PacifiCorp’s electric system is disconnected, suspended or interrupted, in whole or in part, pursuant to the Generation Interconnection Agreement, or to the extent generation curtailment is required as a result of Seller’s non-compliance with the Generation Interconnection Agreement. 6.2 After the Initial Delivery Date, Seller may cease operation of the entire Facility or individual units, if applicable, for Scheduled Maintenance Periods not to exceed a total of sixty (60) days each Contract Year at such times as are provided in the monthly maintenance schedule set forth as Exhibit D. 6.3 If the Facility ceases operation for unscheduled maintenance, then as soon as is commercially reasonable, Seller immediately shall notify PacifiCorp of the necessity of such unscheduled maintenance, the time when such shutdown has occurred or will occur occur, and the anticipated duration of such shutdown. Seller shall take all reasonable measures and exercise its best efforts to avoid unscheduled maintenance, to limit the duration of such unscheduled maintenance, and to perform unscheduled maintenance during nonOff-peak Peak hours. 6.4 For each month commencing on the Initial Delivery Date, Seller shall provide PacifiCorp estimates of Delivered Energy shall to be provided per Seller’s scheduledelivered. Seller shall provide Buyer its estimated delivery pattern from the Seller’s qualifying facility such estimates, and any changes thereto, to PacifiCorp on the first business day of the month preceding the month of the estimated delivery, or as soon thereafter as practicable, for the following calendar month. Seller shall provide such schedules estimates and schedule changes thereto to PacifiCorp’s scheduling personnel per Section 23 using 22. Such estimates shall be based on the best information available, but it is understood . The Parties agree that the delivery pattern is estimates are only an estimate estimates and, therefore, shall are not be binding on Seller. 6.5 Seller does not guarantee availability of the Facility; however, Xxxxxx agrees to notify PacifiCorp of unplanned outages and will use reasonable commercial efforts to keep the Facility operating at highest availability for providing Delivered Energy to PacifiCorp.

Operation and Control. 6.1 Seller TEAD shall operate and maintain the Facility in a safe manner in accordance with the Generation Interconnection Agreement, Prudent Electrical Practices and in accordance with the requirements of all applicable federal, state and local laws and the National Electric Safety Code as such laws and code may be amended from time to time. PacifiCorp shall have no obligation to purchase accept Net Output or Delivered Energy from the Facility to the extent the interconnection between the Facility and PacifiCorp’s electric system is disconnected, suspended or interrupted, in whole or in part, pursuant to the Generation Interconnection AgreementGIA, or to the extent generation curtailment is required as a result of SellerTEAD’s non-compliance with the Generation Interconnection AgreementGIA. 6.2 Seller After the Initial Delivery Date, TEAD may cease operation of the entire Facility or individual units, if applicable, for Scheduled Maintenance Periods not to exceed a total of sixty (60) days each Contract Year at such times as are provided in the monthly maintenance schedule set forth as Exhibit D.D 6.3 If the Facility ceases operation for unscheduled maintenance, Seller immediately then as soon as is commercially reasonable, TEAD shall notify PacifiCorp of the necessity of such unscheduled maintenance, the time when such shutdown has occurred or will occur occur, and the anticipated duration of such shutdown. Seller TEAD shall take all reasonable measures and exercise its best efforts to avoid unscheduled maintenance, to limit the duration of such unscheduled maintenance, and to perform unscheduled maintenance during nonOff-peak Peak hours. 6.4 For each month commencing on the Initial Delivery Date, TEAD shall provide PacifiCorp estimates of Delivered Energy shall to be provided per Seller’s scheduledelivered. Seller TEAD shall provide Buyer its estimated delivery pattern from the Seller’s qualifying facility such estimates, and any changes thereto, to PacifiCorp on the first business day of the month preceding the month of the estimated delivery, or as soon thereafter as practicable, for the following calendar month. Seller TEAD shall provide such schedules estimates and schedule changes thereto to PacifiCorp’s scheduling personnel per Section 23 using 22. Such estimates shall be based on the best information available, but it is understood . The Parties agree that the delivery pattern is estimates are only an estimate estimates and, therefore, are not binding on TEAD. 6.5 TEAD does not guarantee availability of the Facility; however, TEAD agrees to notify PacifiCorp of unplanned outages and will use reasonable commercial efforts to keep the Facility operating at highest availability for providing Delivered Energy to PacifiCorp. 6.6 TEAD shall not deliver energy from the Facility to the Point of Delivery at a rate that exceeds the Maximum GIA Delivery Rate. TEAD’s failure to limit such deliveries to the Maximum GIA Delivery Rate shall be binding on Sellera breach of a material obligation. 6.7 With respect to any and all scheduling requirements for the Facility (a) TEAD shall cooperate with PacifiCorp with respect to scheduling Net Output and provide all reasonable scheduling information requested by PacifiCorp, and (b) each Party shall designate authorized representatives to communicate with regard to scheduling and related matters arising hereunder. 6.7.1 TEAD will provide generation output data to PacifiCorp for forecasting purposes. The output data shall be provided, pursuant to the Generator Interconnection Agreement, no less than every 5 minutes. TEAD will pay PacifiCorp its cost to forecast the Net Output from the Facility, which is currently $43 per month, throughout the term of this Agreement. PacifiCorp may deduct its forecasting costs pursuant to Section 10.l of this Agreement. 6.8 TEAD acknowledges that PacifiCorp, acting in its merchant capacity function as purchaser under this Agreement, has no responsibility for or control over PacifiCorp Transmission or any successor Transmission Provider and that interaction between PacifiCorp and PacifiCorp Transmission are at arm’s length pursuant to the Tariff and FERC Order No. 888 and related regulation.

Operation and Control. 6.1 Seller shall operate and maintain the Facility in a safe manner in accordance with the Generation Interconnection Agreement, Prudent Electrical Practices and in accordance with the requirements of all applicable federal, state and local laws and the National Electric Safety Code as such laws and code may be amended from time to time. PacifiCorp shall have no obligation to purchase Net Output or Delivered Energy from the Facility to the extent the interconnection between the Facility and PacifiCorp’s electric system is disconnected, suspended or interrupted, in whole or in part, pursuant to the Generation Interconnection Agreement, or to the extent generation curtailment is required as a result of Seller’s non-compliance with the Generation Interconnection Agreement. 6.2 After the Initial Delivery Date, Seller may cease operation of the entire Facility or individual units, if applicable, for Scheduled Maintenance Periods not to exceed a total of sixty (60) days each Contract Year at such times as are provided in the monthly maintenance schedule set forth as Exhibit D. 6.3 If the Facility ceases operation for unscheduled maintenance, then as soon as is commercially reasonable, Seller immediately shall notify PacifiCorp of the necessity of such unscheduled maintenance, the time when such shutdown has occurred or will occur occur, and the anticipated duration of such shutdown. Seller shall take all reasonable measures and exercise its best efforts to avoid unscheduled maintenance, to limit the duration of such unscheduled maintenance, and to perform unscheduled maintenance during nonOff-peak Peak hours. 6.4 For each month commencing on the Initial Delivery Date, Seller shall provide PacifiCorp estimates of Delivered Energy shall to be provided per Seller’s scheduledelivered. Seller shall provide Buyer its estimated delivery pattern from the Seller’s qualifying facility such estimates, and any changes thereto, to PacifiCorp on the first business day of the month preceding the month of the estimated delivery, or as soon thereafter as practicable, for the following calendar month. Seller shall provide such schedules estimates and schedule changes thereto to PacifiCorp’s scheduling personnel per Section 23 using 22. Such estimates shall be based on the best information available, but it is understood . The Parties agree that the delivery pattern is estimates are only an estimate estimates and, therefore, shall are not be binding on Seller. 6.5 Seller does not guarantee availability of the Facility; however, Seller agrees to notify PacifiCorp of unplanned outages and will use reasonable commercial efforts to keep the Facility operating at highest availability for providing Delivered Energy to PacifiCorp.