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 ensure that the Operating Equipment is operated and maintained during the Term such that the requirements of the Measurement and Verification Plan and other requirements as set out in Section 14.3 are met and in accordance with Good Engineering and Operating Practices.
(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 DSM 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, 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.
(c) In the event that the Buyer establishes rules or protocols with respect to demand- side management that are applicable to the Supplier (the “DSM Protocols”), the Supplier agrees to operate and maintain the DSM Project during the Term in accordance with such DSM Protocols as the Buyer may determine, and the Buyer shall compensate the Supplier for the reasonable costs incurred by the Supplier for such compliance. For greater certainty, neither the establishment of any DSM Protocol or the determination by the Buyer that the Supplier must comply with any DSM Protocol shall constitute a Discriminatory Action for the purposes of this Agreement.
(d) If the Proposal provides that Automatic System Voltage Support will be provided by the DSM Project, the Supplier agrees to provide such Automatic System Voltage Support throughout the Term in accordance with the following requirements:
(A) the DSM Project shall be equipped with facilities to provide continuously acting power factor or VAR (i.e. volt amperes reactive) control that can automatically maintain, at the Connection Point: (i) a power factor within a range of +/- 1% between power factors of 90% lagging and 95% leading, or (ii) VAR consumption within +/- 2.5% of the rated MVA of such project under steady state conditions;
(B) the power factor or VAR controller shall have an adjustable effective response time between 10 and 60 seconds;
(C) the power fac...
Operation Covenants. (a) The Supplier agrees to own the Contract Facility during the Term and to operate and maintain the Contract Facility during the Term using Good Engineering and Operating Practices, and meeting all applicable requirements of the IMO Market Rules, the Transmission System Code, the Distribution System Code, the Connection Agreement, and all other Laws and Regulations. In the event that the IMO Market Rules are not applicable to the Supplier because the Contract Facility is connected directly to an End-User Load and the Supplier is not a “market participant” pursuant to the IMO Market Rules, then the Supplier shall be required to meet the requirements of the IMO Market Rules to the same extent and standards as would have been required as if the Contract Facility were connecting to a Transmission System or a Local Distribution System, as the case may be, and as if the Contract Facility and the Supplier were governed by the IMO Market Rules.
(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, 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.
(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 Contract Facility during the Term. The Supplier further agrees that the Contract Facility shall not burn Oil as a Primary Fuel and shall not burn any coal or Municipal Solid Waste. Without limiting the generality of the foregoing, a Supplier who is also a load facility under the IMO 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.
(d) If the Proposal provides that Automatic System Voltage Support will be provided by the Contract Facility, the Supplier a...
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. Section 16.1 - Operating Covenants Section 16.2 - Operating Days and Hours Section 16.3 - New Locations Section 17.3 - Tenant’s Failure to Maintain Section 17.4 - Right to Enter Section 18.1 - Insured Casualty Section 18.2 - Uninsured Casualty Section 18.3 - Construction Provisions Section 18.4 - Release of Liability Section 18.5 - Abatement of Rent Section 18.6 - Major Destruction
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
Operation Covenants. At any time the Property is being operated as a hotel, the following covenants in shall apply:
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.
