Operation Covenants.
(a) The Generator shall own or lease the Facility during the Term.
(b) The Generator shall operate and maintain the Facility during the Support Period such that the Available Capability of the Facility is maintained at not less than ninety percent (90%) of the Contract Capacity; except during Planned Outages of the Facility (which do not exceed a reasonable length) and Unplanned Outages of the Facility (which shall in no event exceed thirty (30) days).
Operation Covenants.
(a) The Supplier agrees to own the Facility during the Term and to operate and maintain the Facility during the Term using Good Engineering and Operating Practices and meeting all applicable requirements of the IESO Market Rules, the Transmission System Code, the Connection Agreement and all other Laws and Regulations. For certainty, the Parties acknowledge that the Buyer is not purchasing from the Supplier, nor is the Supplier selling to the Buyer, any Electricity or Related Products.
(b) The Supplier agrees to assume all risk, liability and obligation and to indemnify, defend and hold harmless the Indemnitees in respect of all actions, causes of action, suits, proceedings, claims, demands, losses, damages, penalties, fines, costs, obligations and liabilities arising out of a discharge of any contaminant into the natural environment, at or related to, the Facility and any fines or orders of any kind that may be levied or made in connection therewith pursuant to the Environmental Protection Act (Ontario), the Ontario Water Resources Act (Ontario), the Dangerous Goods Transportation Act (Ontario) or other similar legislation, whether federal or provincial and all as amended from time to time, except to the degree that such discharge shall have been due to the negligence or wilful misconduct of the Indemnitees.
(c) If the Supplier is also a load facility under the IESO Market Rules, the Supplier shall be solely responsible for all charges (net of any applicable credits) in relation to Electricity consumed by it in order to operate the Facility in accordance with this Agreement.
(d) Except where and to the extent that an event or circumstance arises whereby the Supplier reasonably believes that there is a risk of damage to a Facility’s equipment or associated structures or a risk to public, employee or environmental safety, and except as required by Laws and Regulations, the Supplier shall at no time after the date of this Agreement modify, vary, or amend in any material respect any of the features or specifications of the Facility outlined in Exhibit A (a “Facility Amendment”) without first notifying the Buyer in writing and obtaining the Buyer’s consent in writing, which consent shall not be unreasonably withheld, provided that it shall not be unreasonable for the Buyer to withhold its consent to any modification, variation or amendment which would, or would be likely to, have a Material Adverse Effect or alter the Contract Capacity. Any Facility Amendme...
Operation Covenants. (a) The Generator agrees to operate and maintain each of the Units using Good Engineering Practices such that the requirements of the Transmission System Code, the Connection Agreements and all other Laws and Regulations are met in all material respects. The Generator’s obligations with respect to a Unit under this Section 2.12 shall end upon the termination of this Agreement, the termination of this Agreement in respect of such Unit or at the time such Unit is Permanently Decommissioned or Effectively Decommissioned, whichever shall occur first.
(b) Subject to Section 2.14(c) and provided to do so is in accordance with Good Engineering Practices, the Generator will operate the Units in compliance in all material respects with the provisions of the IESO Market Rules related to the special protection system to the extent applicable to, and currently in place in respect of, the Facility, as such special protection system may be amended from time to time in accordance with IESO Market Rules.
Operation Covenants. (a) The Supplier agrees to own or otherwise have sufficient rights to the Control Equipment, including, if applicable, any Behind the Meter Generation, and to operate and maintain the Control Equipment and implement the DR Measures during the Term such that the requirements of the Measurement and Verification Plan, the applicable IESO Market Rules, and other requirements as set out in Section 13.3 are met and in accordance with Good Engineering and Operating Practices, and meeting all applicable requirements of the Transmission System Code, the Distribution System Code, and all other Laws and Regulations. In the event that the IESO Market Rules are not applicable to the Supplier because the Supplier is not a “market participant” pursuant to the IESO Market Rules, then the Supplier shall be required to meet the requirements of the IESO Market Rules with respect to the Project to the same extent and standards as would have been required if the Supplier were governed by the IESO Market Rules with respect to the Project.
(b) In the event that the York Region DR Manager establishes protocols from time to time with respect to demand response that are applicable to the Supplier (the “DR Protocols”), the Supplier agrees to operate and maintain the Project during the Term at its sole expense in accordance with such DR Protocols.
(c) The Supplier agrees to respond to all Operational Directives by curtailing the Electricity demand of the Load in such amount and for such duration as is specified by the Operational Directive. In addition:
(i) the Supplier acknowledges that the Buyer makes no representations as to the number or extent of any Operational Directives that may be issued to the Supplier over any period of time during the Term, and further acknowledges that in the event that the amount of demand response required by the York Region DR Manager in any given period of time York Region DR Contract Released November 30, 2005 during the Term is less than the total of contracted demand reduction under all demand response contracts executed by the Buyer with suppliers under the York Region DR RFP, then the York Region DR Manager will call on all available suppliers with demand response contracts in the order of their respective Energy Rates, from lowest to highest, or in such other priority as may be specified by the York Region DR Manager in its sole discretion from time to time; and
(ii) the Buyer recognizes that an Operational Directive may be issued during a Call...
Operation Covenants. (1) The Participant shall own (if the Participant is a Direct Participant) or have Enforceable Rights to (if the Participant is an Aggregator) the Control Equipment, including, if applicable, any Behind the Meter Generation, and shall operate and maintain the Control Equipment and implement the DR Measures for the Project during its respective Schedule Term in accordance with Good Engineering and Operating Practices such that the requirements of the Measurement & Verification Plan and the applicable Market Rules are met, and meeting all applicable requirements of the Transmission System Code, the Distribution System Code, and all other Laws and Regulations.
(2) If the OPA establishes protocols from time to time with respect to demand response that are applicable to the Participant (the “DR Protocols”), the Participant shall use Commercially Reasonable Efforts to comply, at its sole expense, with such DR Protocols in performing its obligations under this Agreement.
(3) The Participant shall assume all risk, liability and obligation and indemnify, defend, and hold harmless the Indemnitees in respect of all actions, causes of action, suits, proceedings, claims, demands, losses, damages, penalties, fines, costs, obligations and liabilities arising out of a discharge of any contaminant into the natural environment at or related to the Project and any fines or orders of any kind that may be levied or made in connection therewith pursuant to the Environmental Protection Act (Ontario), the Ontario Water Resources Act (Ontario), or the Dangerous Goods Transportation Act (Ontario), or other similar legislation whether federal or provincial except to the degree that such discharge shall have been due to the negligence of the Indemnitees.
(4) The Participant covenants to obtain and maintain, for each Project during its Schedule Term, insurance covering such risks and in such amount as a prudent owner (if the Participant is a Direct Participant) or operator (if the Participant is an Aggregator) of a project the same as or similar to the Project would maintain; to provide evidence thereof to the OPA upon request; and to indemnify and save the OPA harmless in respect of any failure by it to do so.
(5) If the Participant is entering into a DR3 Contract in respect of a Facility that consumes electricity, the Participant shall be solely responsible for all charges (net of any applicable credits) in relation to electricity consumed by the Project and/or the Participant in ac...
Operation Covenants. At any time the Property is being operated as a hotel, the following covenants in shall apply:
Operation Covenants.
(a) The Supplier agrees to own the Facility and to own, lease or have another legal right to use the Compressor throughout the Term and to operate and maintain the Facility and the Compressor during the Term using Good Engineering and Operating Practices, and meeting all applicable requirements of the IESO Market Rules, the Transmission System Code, the Connection Agreement and all other Laws and Regulations. For certainty, the Parties acknowledge that the Buyer is not purchasing from the Supplier, nor is the Supplier selling to the Buyer, any Electricity or Related Products.
(b) The Supplier agrees to assume all risk, liability and obligation and to indemnify, defend and hold harmless the Indemnitees in respect of all actions, causes of action, suits, proceedings, claims, demands, losses, damages, penalties, fines, costs, obligations and liabilities arising out of a discharge of any contaminant into the natural environment, at or related to, the Facility and any fines or orders of any kind that may be levied or made in connection therewith pursuant to the Environmental Protection Act (Ontario), the Ontario Water Resources Act (Ontario), the Dangerous Goods Transportation Act (Ontario) or other similar legislation, whether federal or provincial and all as amended from time to time, except to the degree that such discharge shall have been due to the negligence or wilful misconduct of the Indemnitees.
(c) The Supplier agrees to use Commercially Reasonable Efforts to maintain or enter into any fuel supply contracts that are necessary for the proper operation of the Facility during the Term. In addition, the Supplier must not construct, own, or operate the gas pipeline that serves the Facility. Without limiting the generality of the foregoing, a Supplier who is also a load facility under the IESO Market Rules shall be solely responsible for all charges (net of any applicable credits) in relation to Electricity consumed by it in order to operate the Facility in accordance with this Agreement.
Operation Covenants.
(a) The Supplier shall own or lease the Facility during the Term and shall operate and maintain the Facility or cause the Facility to be operated and maintained during the Term using Good Engineering and Operating Practices, and meeting all applicable requirements of the IESO Market Rules, the Transmission System Code, the Connection Agreement, each as may be applicable, and all other Laws and Regulations.
(b) The Supplier shall connect the Facility exclusively to the Connection Point. For greater certainty, the Supplier shall deliver all Delivered Electricity through the Connection Point.
(c) The Supplier covenants and agrees that for the purpose of Delivering Electricity as contemplated by this Agreement up to the Contract Capacity during the Contract Hours, the Facility shall not utilize any sources or fuels other than Biomass and, in respect of Facility start-up and to maintain operations in the event of a Biomass fuel supply disruption, natural gas.
Operation Covenants. The Authority hereby accepts the lease of the Stormwater System from the Borough and agrees to properly maintain and operate the Stormwater System so as to provide stormwater service within the Borough.
Operation Covenants. (a) The Generator shall own or lease the Facility during the Term; provided that the Generator shall at all times during the Term own the Generating Equipment.
(b) The Generator shall operate and maintain the Facility during the Support Period such that the Available Capability of the Facility is maintained at not less than ninety percent (90%) of the Contract Capacity; except during Planned Outages of the Facility (which do not exceed a reasonable length) and Unplanned Outages of the Facility (which shall in no event exceed thirty (30) days).
(c) The Generator shall operate and maintain the Facility during the Support Period using Good Electric Industry Practice and meeting all applicable requirements of the Authoritative Documents, the applicable DFO Tariff, or TFO Tariff (as the case may be), the Connection Agreement, and the Permit and Licence (Power Plant) and any other Governmental Approvals applicable to such Facility, and all other Applicable Laws.
(d) The Generator shall connect the Facility exclusively to the Connection Point, and shall Deliver all Electricity through the Connection Point.
(e) The Generator shall be solely responsible for operating and maintaining the Facility, including obtaining and maintaining in good standing all Governmental Approvals required under Applicable Law, and for all costs, expenses, liabilities and other obligations associated therewith.
(f) The Generator covenants to provide the AESO within five (5) Business Days of its receipt, copies of all: notices of violation or pending proceedings; complaints made to any Governmental Authority; and actions, suits, proceedings, demands, judgments, directives or orders delivered or issued by any Person or Governmental Authority to or in respect of: (i) the Generator, (ii) the Facility, or