Common use of Operational Covenants Clause in Contracts

Operational Covenants. (a) From the COD until the expiry of the Term, the Supplier shall operate and maintain the Facility in accordance with Good Engineering and Operating Practices and meeting all applicable requirements of the IESO Market Rules, the Transmission System Code, the Distribution System Code and any Connection Agreements.‌ Draft (b) From and after the beginning of the hour ending 01:00 hours (EST) of the Commercial Operation Date, the Supplier agrees to operate the Facility in accordance with the Must-Offer Obligation, and the Monthly Payments shall begin to accrue and be payable in accordance with Section 4.1 and Article 5. 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 hereunder.‌‌ (c) 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.‌‌ (d) A Facility which is also a load facility under the IESO Market Rules or a consumer under the Distribution System Code, as applicable, shall be solely responsible for all charges in relation to Electricity consumed by it in order to operate the Facility in accordance with this Agreement.‌‌ (e) Supplier shall use Commercially Reasonable Efforts to procure and maintain sufficient fuel supply (as applicable) to be utilized by the Facility necessary for meeting its Must-Offer Obligation.‌

Operational Covenants. ‌ (a) From the COD until the expiry of the Term, the Supplier shall operate and maintain the Facility in accordance with Good Engineering and Operating Practices and meeting all applicable requirements of the IESO Market Rules, the Transmission System Code, the Distribution System Code and any Connection Agreements.‌ DraftAgreements. (b) From and after the beginning of the hour ending 01:00 hours (EST) of the Commercial Operation Date, the Supplier agrees to operate the Facility in accordance with the Must-Offer Obligation, and the Monthly Payments shall begin to accrue and be payable in accordance with Section 4.1 and Article 5. 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 hereunder.‌‌hereunder. (c) 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 the‌ degree that such discharge shall have been due to the negligence or wilful misconduct of the Indemnitees.‌‌Indemnitees. (d) A Facility which is also a load facility under the IESO Market Rules or a consumer under the Distribution System Code, as applicable, shall be solely responsible for all charges in relation to Electricity consumed by it in order to operate the Facility in accordance with this Agreement.‌‌Agreement. (e) Supplier shall use Commercially Reasonable Efforts to procure and maintain sufficient fuel supply (as applicable) to be utilized by the Facility necessary for meeting its Must-Offer Obligation.‌Obligation.

Operational Covenants. ‌ Draft (a) From the COD until the expiry of the Term, the Supplier shall operate and maintain the Facility in accordance with Good Engineering and Operating Practices and meeting all applicable requirements of the IESO Market Rules, the Transmission System Code, the Distribution System Code and any Connection Agreements.‌ DraftAgreements. (b) From and after the beginning of the hour ending 01:00 hours (EST) of the Commercial Operation Date, the Supplier agrees to operate the Facility in accordance with the Must-Offer Obligation, and the Monthly Payments shall begin to accrue and be payable in accordance with Section 4.1 and Article 5. 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 hereunder.‌‌hereunder. (c) 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 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.‌‌Indemnitees. (d) A Facility which is also a load facility under the IESO Market Rules or a consumer under the Distribution System Code, as applicable, shall be solely responsible for all charges in relation to Electricity consumed by it in order to operate the Facility in accordance with this Agreement.‌‌Agreement. (e) Supplier shall use Commercially Reasonable Efforts to procure and maintain sufficient fuel supply (as applicable) to be utilized by the Facility necessary for meeting its Must-Offer Obligation.‌Obligation.

Operational Covenants. ‌ (a) From the COD Contract Date until the expiry of the Term, the Supplier shall own, operate and maintain the Facility in accordance with Good Engineering and Operating Practices and meeting all applicable requirements of the IESO Market Rules, the Transmission System Code, the Distribution System Code and any Connection Agreements.‌ Draftconnection agreements with the IESO, a Transmitter, or an LDC. (b) From and after the beginning of the hour ending 01:00 hours (EST) of the Commercial Operation Term Commencement Date, the Supplier agrees to operate the Facility in accordance with the Must-Offer ObligationFacility Performance Obligations, and the Monthly Payments shall begin to accrue and be payable in accordance with Section 4.1 and Article 5. 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, provided however, nothing in this sentence restricts the Supplier’s right to sell Electricity and Related Products hereunder.‌‌attributable to the Contract Capacity into the IESO-Administered Markets. (c) 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.‌‌Indemnitees.‌ (d) A Facility which is also a load facility under the IESO Market Rules or a consumer under the Distribution System Code, as applicable, shall be solely responsible for all charges in relation to Electricity consumed by it in order to operate the Facility in accordance with this Agreement.‌‌ (e) Supplier shall use Commercially Reasonable Efforts to procure and maintain sufficient fuel supply (as applicable) to be utilized by the Facility necessary for meeting its Must-Offer Obligation.‌Agreement.

Operational Covenants. ‌ (a) From the COD until the expiry of the Term, the Supplier shall operate and maintain the Facility in accordance with Good Engineering and Operating Practices and meeting all applicable requirements of the IESO Market Rules, the Transmission System Code, the Distribution System Code and any Connection Agreements.‌ Draft (b) From and after the beginning of the hour ending 01:00 hours (EST) of the Commercial Operation Term Commencement Date, the Supplier agrees to operate the Facility in accordance with the Must-Offer Obligationterms of this Agreement, and the Monthly Payments Payment and Regulatory Charge Credit shall begin to accrue and be payable in accordance with Section 4.1 Article 4 and Article 5. (b) The Supplier agrees to own the Facility during the Term and operate and maintain the Facility in accordance with the terms of this Agreement, Good Engineering and Operating Practices, and meeting all applicable requirements of the IESO Market Rules, the Transmission System Code, any connection agreements with the System Operator, or a Transmitter. For certainty, the Parties acknowledge that the Buyer Sponsor is not purchasing from the Supplier, nor is the Supplier selling to the BuyerSponsor, any Electricity or Related Products, provided however, nothing in this sentence restricts the Supplier’s right to sell Electricity and Related Products hereunder.‌‌attributable to the Contract Capacity into the IESO-Administered Markets. (c) 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.‌‌Indemnitees.‌ (d) A Facility which Except as expressly provided for in this Agreement, a Supplier who is also a load facility under the IESO Market Rules or a consumer under the Distribution System Code, as applicable, 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.‌‌ (e) Supplier shall use Commercially Reasonable Efforts to procure and maintain sufficient fuel supply (as applicable) to be utilized by the Facility necessary for meeting its Must-Offer Obligation.‌Agreement.

Operational Covenants. ‌ (a) From the COD until the expiry of the Term, the Supplier shall operate and maintain the Facility in accordance with Good Engineering and Operating Practices and meeting all applicable requirements of the IESO Market Rules, the Transmission System Code, the Distribution System Code and any Connection Agreements.‌ DraftAgreements. (b) From and after the beginning of the hour ending 01:00 hours (EST) of the Commercial Operation Date, the Supplier agrees to operate the Facility in accordance with the Must-Offer Obligation, and the Monthly Payments shall begin to accrue and be payable in accordance with Section 4.1 and Article 5. 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 hereunder.‌‌hereunder. (c) 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.‌‌Indemnitees.‌ Draft (d) A Facility which is also a load facility under the IESO Market Rules or a consumer under the Distribution System Code, as applicable, shall be solely responsible for all charges in relation to Electricity consumed by it in order to operate the Facility in accordance with this Agreement.‌‌Agreement. (e) Supplier shall use Commercially Reasonable Efforts to procure and maintain sufficient fuel supply (as applicable) to be utilized by the Facility necessary for meeting its Must-Offer Obligation.‌Obligation.

Operational Covenants. (a) From the COD until the expiry of the Term, the Supplier shall operate and maintain the Facility in accordance with Good Engineering and Operating Practices and meeting all applicable requirements of the IESO Market Rules, the Transmission System Code, the Distribution System Code and any Connection Agreements.‌ DraftAgreements.‌ (b) From and after the beginning of the hour ending 01:00 hours (EST) of the Commercial Operation Date, the Supplier agrees to operate the Facility in accordance with the Must-Offer Obligation, and the Monthly Payments shall begin to accrue and be payable in accordance with Section 4.1 and Article 5. 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 hereunder.‌‌hereunder.‌ Draft (c) 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.‌‌ (d) A Facility which is also a load facility under the IESO Market Rules or a consumer under the Distribution System Code, as applicable, shall be solely responsible for all charges in relation to Electricity consumed by it in order to operate the Facility in accordance with this Agreement.‌‌Agreement.‌ (e) Supplier shall use Commercially Reasonable Efforts to procure and maintain sufficient fuel supply (as applicable) to be utilized by the Facility necessary for meeting its Must-Offer Obligation.‌

Operational Covenants. ‌ (a) From the COD Contract Date until the expiry of the Term, the Supplier shall develop, construct, own, operate and maintain the Facility in accordance with Good Engineering and Operating Practices and meeting all applicable requirements of the IESO Market Rules, the Transmission System Code, the Distribution System Code and any Connection Agreements.‌ DraftAgreements. (b) From and after the beginning of the hour ending 01:00 hours (EST) of the Commercial Operation Term Commencement Date, the Supplier agrees to operate the Facility in accordance with the Must-Offer Obligation, and the Monthly Payments shall begin to accrue and be payable in accordance with Section 4.1 and Article 5. 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 hereunder.‌‌hereunder. (c) 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.‌‌Indemnitees.‌ (d) A Facility which is also a load facility under the IESO Market Rules or a consumer under the Distribution System Code, as applicable, shall be solely responsible for all charges in relation to Electricity consumed by it in order to operate the Facility in accordance with this Agreement.‌‌ (e) Supplier shall use Commercially Reasonable Efforts to procure and maintain sufficient fuel supply (as applicable) to be utilized by the Facility necessary for meeting its Must-Offer Obligation.‌Agreement.

Operational Covenants. Draft (a) From the COD until the expiry of the Term, the Supplier shall operate and maintain the Facility in accordance with Good Engineering and Operating Practices and meeting all applicable requirements of the IESO Market Rules, the Transmission System Code, the Distribution System Code and any Connection Agreements.‌ DraftAgreements.‌‌ (b) From and after the beginning of the hour ending 01:00 hours (EST) of the Commercial Operation Date, the Supplier agrees to operate the Facility in accordance with the Must-Offer Obligation, and the Monthly Payments shall begin to accrue and be payable in accordance with Section 4.1 and Article 5. 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 hereunder.‌‌hereunder.‌ (c) 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 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.‌‌Indemnitees.‌ (d) A Facility which is also a load facility under the IESO Market Rules or a consumer under the Distribution System Code, as applicable, shall be solely responsible for all charges in relation to Electricity consumed by it in order to operate the Facility in accordance with this Agreement.‌‌Agreement.‌ (e) Supplier shall use Commercially Reasonable Efforts to procure and maintain sufficient fuel supply (as applicable) to be utilized by the Facility necessary for meeting its Must-Offer Obligation.‌

Operational Covenants. ‌ (a) From the COD until the expiry of the Term, the Supplier shall operate and maintain the Facility in accordance with Good Engineering and Operating Practices and meeting all applicable requirements of the IESO Market Rules, the Transmission System Code, the Distribution System Code and any Connection Agreements.‌ DraftAgreements. (b) From and after the beginning of the hour ending 01:00 hours (EST) of the Commercial Operation Date, the Supplier agrees to operate the Facility in accordance with the Must-Offer Obligation, and the Monthly Payments shall begin to accrue and be payable in accordance with Section 4.1 and Article 5. 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 hereunder.‌‌hereunder. (c) 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.‌‌Indemnitees.‌ (d) A Facility which is also a load facility under the IESO Market Rules or a consumer under the Distribution System Code, as applicable, shall be solely responsible for all charges in relation to Electricity consumed by it in order to operate the Facility in accordance with this Agreement.‌‌Agreement. (e) Supplier shall use Commercially Reasonable Efforts to procure and maintain sufficient fuel supply (as applicable) to be utilized by the Facility necessary for meeting its Must-Offer Obligation.‌Obligation.

Operational Covenants. ‌ (a) From the COD until the expiry of the Term, the Supplier shall operate and maintain the Facility in accordance with Good Engineering and Operating Practices and meeting all applicable requirements of the IESO Market Rules, the Transmission System Code, the Distribution System Code and any Connection Agreements.‌ DraftAgreements. (b) From and after the beginning of the hour ending 01:00 hours (EST) of the Commercial Operation Date, the Supplier agrees to operate the Facility in accordance with the Must-Offer Obligation, and the Monthly Payments shall begin to accrue and be payable in accordance with Section 4.1 and Article 5. 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 hereunder.‌‌hereunder. Draft (c) 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.‌‌Indemnitees.‌ (d) A Facility which is also a load facility under the IESO Market Rules or a consumer under the Distribution System Code, as applicable, shall be solely responsible for all charges in relation to Electricity consumed by it in order to operate the Facility in accordance with this Agreement.‌‌Agreement. (e) Supplier shall use Commercially Reasonable Efforts to procure and maintain sufficient fuel supply (as applicable) to be utilized by the Facility necessary for meeting its Must-Offer Obligation.‌Obligation.

Operational Covenants. (a) From and after the COD until the expiry beginning of the Termhour ending 01:00 hours (EST) of the Term Commencement Date, the Supplier agrees to operate the Facility in accordance with the terms of this Agreement, and the Monthly Payments and Regulatory Charge Credits shall begin to accrue and be payable in accordance with Section 4.1 and Article 5. (b) The Supplier will provide the Sponsor with prior written notice of the development by the Supplier of any Future Contract Related Products, from time to time. (c) The Supplier agrees to own the Facility during the Term and operate and maintain the Facility in accordance with the terms of this Agreement, Good Engineering and Operating Practices Practices, and meeting all applicable requirements of the IESO Market Rules, the Transmission System Code, the Distribution System Code and Code, any Connection Agreements.‌ Draft (b) From and after the beginning of the hour ending 01:00 hours (EST) of the Commercial Operation Date, the Supplier agrees to operate the Facility in accordance connection agreements with the Must-Offer ObligationSystem Operator, and the Monthly Payments shall begin to accrue and be payable in accordance with Section 4.1 and Article 5a Transmitter, or an LDC. For certainty, the Parties acknowledge that the Buyer Sponsor is not purchasing from the Supplier, nor is the Supplier selling to the BuyerSponsor, any Electricity or Related Products hereunder.‌‌Products. (cd) 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.‌‌Indemnitees. (de) A Facility which Subject to the reimbursement for Regulatory Energy Charges provided for in Exhibit E, a Supplier who is also a load facility under the IESO Market Rules or a consumer under the Distribution System Code, as applicable, 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.‌‌ (e) Supplier shall use Commercially Reasonable Efforts to procure and maintain sufficient fuel supply (as applicable) to be utilized by the Facility necessary for meeting its Must-Offer Obligation.‌Agreement.

Operational Covenants. (a) From Commencing on the COD Start Date and continuing until the expiry of the TermObligation End Date, the Supplier Participant acknowledges and agrees that the Facility must meet the Facility Performance Obligations, each of which shall be determined by the [Sponsor] acting reasonably. (b) The Participant shall own the Facility during the Term and shall, operate and maintain the Facility in accordance with during the Term using Good Engineering and Operating Practices Practices, and meeting all applicable requirements of the IESO Market Rules, the Transmission System Code, the Distribution System Code and any Connection Agreements.‌ Draft (b) From and after the beginning of the hour ending 01:00 hours (EST) of the Commercial Operation DateCode, the Supplier agrees Connection Agreement, any environmental approvals applicable to operate the Facility in accordance with the Must-Offer Obligation, and the Monthly Payments shall begin to accrue all other Laws and be payable in accordance with Section 4.1 and Article 5. 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 hereunder.‌‌Regulations. (c) The Supplier Participant 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 timeprovincial, except to the degree that such discharge shall have been due to the negligence or wilful misconduct of the Indemnitees.‌‌Indemnitees. (d) A The Participant acknowledges and agrees that under this Agreement: (i) any Electricity received at the Facility which is also being transmitted and distributed to the Participant by the Connecting Authority and not by the [Sponsor]; (ii) the [Sponsor] does not provide transmission or distribution services; and (iii) the [Sponsor] is not purchasing from the Participant, nor is the Participant selling to the [Sponsor], any Electricity or Related Products. (e) The Participant acknowledges and agrees that the [Sponsor] shall not be liable for any Claim by the Participant or its Representatives arising out of or in any way connected with: (i) receiving or failing to receive Electricity at the Facility; (ii) receiving or failing to receive transmission or distribution services, howsoever arising; and whether in contract, tort or otherwise. (f) The Participant acknowledges and agrees that the [Sponsor] is providing no guarantee and is making no representations and warranties regarding the reliability of the Transmission System and Distribution System or facilities to supply Electricity to the Facility from the Transmission System and Distribution System. (g) The Participant will pay for all Electricity consumed at the Facility, including all related charges, in accordance with the payment terms of the [Sponsor]financial obligations arising from the IESO-Administered Markets, the provisions of the IESO Market Rules, and other Laws and Regulations, as applicable, or the applicable Connecting Authority. (h) If on the Contract Date the Participant was not authorized by the System Operator as a load facility Market Participant, was not the Metered Market Participant in respect of the Facility or was not compliant with the Prudential Support requirements under the IESO Market Rules or the Facility was not registered as a consumer Registered Facility or a Load Facility, then: (i) the Participant shall prior to the Market Participation Deadline: (A) be authorized by the System Operator as a Market Participant; (B) be the Metered Market Participant in respect of the Facility; and (C) be compliant with the Prudential Support requirements under the Distribution System Code, as applicable, shall be solely responsible for all charges in relation to Electricity consumed by it in order to operate IESO Market Rules; and (ii) the Facility in accordance with this Agreement.‌‌shall prior to the Market Participation Deadline: (eA) Supplier shall use Commercially Reasonable Efforts to procure and maintain sufficient fuel supply (be registered as applicable) to be utilized by the Facility necessary for meeting its Must-Offer Obligation.‌a Registered Facility; and

Operational Covenants. (a) From the COD until the expiry of the Term, the Supplier shall operate and maintain the Facility in accordance with Good Engineering and Operating Practices and meeting all applicable requirements of the IESO Market Rules, the Transmission System Code, the Distribution System Code and any Connection Agreements.‌ DraftAgreements.‌ (b) From and after the beginning of the hour ending 01:00 hours (EST) of the Commercial Operation Date, the Supplier agrees to operate the Facility in accordance with the Must-Offer Obligation, and the Monthly Payments shall begin to accrue and be payable in accordance with Section 4.1 and Article 5. 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 hereunder.‌‌hereunder.‌ (c) 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.‌‌Indemnitees.‌ (d) A Facility which is also a load facility under the IESO Market Rules or a consumer under the Distribution System Code, as applicable, shall be solely responsible for all charges in relation to Electricity consumed by it in order to operate the Facility in accordance with this Agreement.‌‌Agreement.‌ (e) Supplier shall use Commercially Reasonable Efforts to procure and maintain sufficient fuel supply (as applicable) to be utilized by the Facility necessary for meeting its Must-Offer Obligation.‌

Operational Covenants. (a) From the COD Contract DateCOD until the expiry of the Term, the Supplier shall develop, construct, own, operate and maintain the Facility in accordance with Good Engineering and Operating Practices and meeting all applicable requirements of the IESO Market Rules, the Transmission System Code, the Distribution System Code and any Connection Agreements.‌ DraftAgreements.‌‌‌‌‌‌ (b) From and after the beginning of the hour ending 01:00 hours (EST) of the Commercial Term CommencementCommercial Operation Date, the Supplier agrees to operate the Facility in accordance with the Must-Offer Obligation, and the Monthly Payments shall begin to accrue and be payable in accordance with Section 4.1 and Article 5. 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 hereunder.‌‌hereunder.‌‌‌ (c) 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.‌‌Indemnitees.‌‌‌‌‌ (d) A Facility which is also a load facility under the IESO Market Rules or a consumer under the Distribution System Code, as applicable, shall be solely responsible for all charges in relation to Electricity consumed by it in order to operate the Facility in accordance with this Agreement.‌‌Agreement.‌ (e) Supplier shall use Commercially Reasonable Efforts to procure and maintain sufficient fuel supply (as applicable) to be utilized by the Facility necessary for meeting its Must-Offer Obligation.‌