Relief Events for Flexible Nuclear Generation Sample Clauses

Relief Events for Flexible Nuclear Generation. In addition to any relief in performing its obligations to which the Generator is entitled pursuant to the provisions of Article 12, the Generator will be excused and relieved from performing or complying with its obligations under Section 2.16(a)(i) and shall not be liable for any liabilities, damages, losses, payments, costs, expenses or Indemnifiable Losses in respect of or relating to such non-performance or non- compliance if the performance or compliance by the Generator of such obligations would, or would reasonably be expected to, result in: (i) any event or circumstance provided in Chapter 7, Section 7.5.3 of the IESO Market Rules that would relieve a market participant (as such term is defined in the IESO Market Rules) from the obligation to comply with a Dispatch Instruction; (ii) without limiting the generality of Section 2.16(b)(i), any non-compliance or violation by a Party of any Laws and Regulations; (iii) without limiting the generality of Section 2.16(b)(i), a negative impact on the safe and reliable operation of a Unit or the equipment associated therewith, including its electrical generating unit; (iv) without limiting the generality of Section 2.16(b)(i), an adverse effect on any one or more of the Units, the equipment associated therewith or the operation thereof for safety, environmental or regulatory reasons; (v) without limiting the generality of Section 2.16(b)(i), an adverse effect on any one or more of the Units, the equipment associated therewith or the operation thereof (including for technical or operational reasons) that exceeds the adverse effects on the Units that the Generator has experienced based on the Generator’s past practice during normal operation (including providing Flexible Nuclear Generation) of the Units, provided that such exceedance is not de minimis; or (vi) without limiting the generality of Section 2.16(b)(i), endangerment to the safety of any individual. Notwithstanding any non-performance or non-compliance by the Generator of its obligations under Section 2.16(a)(i), the Generator will continue, subject to Section 11.2(a)(ii), to be paid the DC Fee pursuant to Section 2.16(c). In addition, if following a claim for relief by the Generator pursuant to this Section 2.16(b) it is subsequently determined that the Generator was not entitled to such relief, such non-performance or non-compliance will be a breach by the Generator of its obligations in Section 2.16(a)(i).