Common use of Participant’s Obligations Clause in Contracts

Participant’s Obligations. The Participant shall fulfill the following obligations as a condition of receiving any EE Capacity Payments: (a) The Participant shall implement the Energy Efficiency Resources as described in its approved EE Resource Plan, use commercially reasonable efforts to deliver sufficient EE Capacity to meet or exceed its EE Capacity Obligation for each of its Obligation Periods and maintain the same level of EE Capacity for a period of two (2) years following the end of the applicable Obligation Period, and diligently perform all of its other obligations hereunder in accordance with this Agreement, good engineering practices and all Applicable Laws; (b) The Participant shall not enroll in any program or initiative to receive any compensation or incentives for any Measure forming part of its Energy Efficiency Resource from any program from any level of Government or utility incentivizing electricity savings. For clarity, the Participant may accept funding from other sources, such as natural gas utility demand-side management incentive programs and government greenhouse gas reduction incentive programs, to deliver other non-electricity savings or broader public value; (c) Participant shall inform the IESO if any projects at any Facility receiving electricity saving incentives are commissioning after the submission of its M&V Plan, and the IESO, at its sole and absolute discretion, may require changes to the M&V Plan to take such projects into account; and (d) The Participant fulfills its obligations under this Agreement, including providing all Program Deliverables and providing reasonable access to the IESO for the purposes of administering this Agreement and evaluation of the Energy Efficiency Resources and the delivered EE Capacity.

Participant’s Obligations. The Participant shall fulfill the following obligations as a condition of receiving any EE Capacity Payments:Payments:‌‌ (a) The Participant shall implement the Energy Efficiency Resources as described in its approved EE Resource Plan, use commercially reasonable efforts to deliver sufficient EE Capacity to meet or exceed its EE Capacity Obligation for each of its Obligation Periods and maintain the same level of EE Capacity for a period of two (2) years following the end of the applicable Obligation Period, and diligently perform all of its other obligations hereunder in accordance with this Agreement, good engineering practices and all Applicable Laws;Laws;‌ (b) The Participant shall not enroll in any program or initiative to receive any compensation or incentives for any Measure forming part of its Energy Efficiency Resource from any program from any level of Government or utility incentivizing electricity savings. For clarity, the Participant may accept funding from other sources, such as natural gas utility demand-side management incentive programs and government greenhouse gas reduction incentive programs, to deliver other non-electricity savings or broader public value;value;‌ (c) Participant shall inform the IESO if any projects at any Facility receiving electricity saving incentives are commissioning after the submission of its M&V Plan, and the IESO, at its sole and absolute discretion, may require changes to the M&V Plan to take such projects into account; andand‌ (d) The Participant fulfills its obligations under this Agreement, including providing all Program Deliverables and providing reasonable access to the IESO for the purposes of administering this Agreement and evaluation of the Energy Efficiency Resources and the delivered EE Capacity.Capacity.‌