Common use of Reports to the Buyer Clause in Contracts

Reports to the Buyer. ‌ (a) The Supplier shall deliver to the Buyer a copy of all reports, plans and notices that the Supplier is required to provide under the IESO Market Rules with respect to Outages, at the same time or within one (1) Business Day after such reports, plans and notices are delivered by the Supplier under the IESO Market Rules.‌ (b) In addition to the documentation provided in Section 15.3(a):‌ (i) where the Facility is a Non-Electricity Storage Facility, the Supplier may, as part of its delivery of the Annual Operating Plan as set out in Section 15.3(b)(ii) designate either:‌ (A) one (1) of the calendar months of April, May, October or November in the subsequent Contract Year (unless otherwise directed or requested by the System Operator in accordance with the IESO Market Rules) in which it will conduct a Planned Outage for the purposes of annual planned maintenance with a duration of at least ten (10) consecutive Business Days (any such designated single calendar month, a “Sole Annual Planned Maintenance Month”); or (B) two (2) of the calendar months of April, May, October or November in the subsequent Contract Year (unless otherwise directed or requested by the System Operator in accordance with the IESO Market Rules) in which it will conduct a Planned Outage for the purposes of annual planned maintenance with a duration of at least five (5) consecutive Business Days (any of such two (2) designated calendar months, a “Split Annual Planned Maintenance Month”); (ii) the Supplier shall, no later than sixty (60) days prior to Commercial Operation Date, and thereafter prior the commencement of any subsequent Contract Year, provide to the Buyer an annual operating plan for the Facility for the succeeding Contract Year, in the form set out in Exhibit L (the “Annual Operating Plan”). The Annual Operating Plan shall include a schedule of Planned Outages for that twelve (12) month period (together with the Supplier’s estimate of the expected duration of each Planned Outage) which shall be consistent with Good Engineering and Operating Practices and, to the extent the Supplier is required to do so by the IESO Market Rules, coordinated with and approved by the System Operator. The Supplier may, on not less than ten (10) Business Days’ prior notice to the Buyer, amend the Annual Operating Plan and its schedule of Planned Outages, provided that where the System Operator directs the Supplier to amend its schedule of Planned Outages on less than ten (10) Business Days’ prior notice, the Supplier shall make the corresponding amendments to its Annual Operating Plan and shall provide the Buyer with notice of such amendment within two (2) Business Days of receipt of any such direction from the System Operator; and‌ (iii) the Supplier shall provide prompt notice to the Buyer of (A) any Outage,

Reports to the Buyer. ‌ (a) The Supplier shall deliver to the Buyer a copy of all reports, plans and notices that the Supplier is required to provide under the IESO Market Rules with respect to Outages, at the same time or within one (1) Business Day after such reports, plans and notices are delivered by the Supplier under the IESO Market Rules.‌ (b) In addition to the documentation provided in Section 15.3(a):‌15.3(a): Draft (i) where the Facility is a Non-Electricity Storage Facility, the Supplier may, as part of its delivery of the Annual Operating Plan as set out in Section 15.3(b)(ii) designate either:‌ (A) one (1) of the calendar months of April, May, October or November in the subsequent Contract Year (unless otherwise directed or requested by the System Operator in accordance with the IESO Market Rules) in which it will conduct a Planned Outage for the purposes of annual planned maintenance with a duration of at least ten (10) consecutive Business Days (any such designated single calendar month, a “Sole Annual Planned Maintenance Month”); or (B) two (2) of the calendar months of April, May, October or November in the subsequent Contract Year (unless otherwise directed or requested by the System Operator in accordance with the IESO Market Rules) in which it will conduct a Planned Outage for the purposes of annual planned maintenance with a duration of at least five (5) consecutive Business Days (any of such two (2) designated calendar months, a “Split Annual Planned Maintenance Month”); (ii) the Supplier shall, no later than sixty (60) days prior to Commercial Operation Date, and thereafter prior the commencement of any subsequent Contract Year, provide to the Buyer an annual operating plan for the Facility for the succeeding Contract Year, in the form set out in Exhibit L (the “Annual Operating Plan”). The Annual Operating Plan shall include a schedule of Planned Outages for that twelve (12) month period (together with the Supplier’s estimate of the expected duration of each Planned Outage) which shall be consistent with Good Engineering and Operating Practices and, to the extent the Supplier is required to do so by the IESO Market Rules, coordinated with and approved by the System Operator. The Supplier may, on not less than ten (10) Business Days’ prior notice to the Buyer, amend the Annual Operating Plan and its schedule of Planned Outages, provided that where the System Operator directs the Supplier to amend its schedule of Planned Outages on less than ten (10) Business Days’ prior notice, the Supplier shall make the corresponding amendments to its Annual Operating Plan and shall provide the Buyer with notice of such amendment within two (2) Business Days of receipt of any such direction from the System Operator; and‌ (iiiii) the Supplier shall provide prompt notice to the Buyer of any Outage other than a Planned Outage, or any anticipated Outage other than a Planned Outage, utilizing the form attached as Exhibit S, followed thereafter by a subsequent notice, to be delivered as soon as reasonably practicable, which subsequent notice shall include a statement of the cause of such Outage, the proposed corrective action and the Supplier’s estimate of the expected duration of such Outage. The Supplier shall use Commercially Reasonable Efforts to promptly end or reduce the length of such Outage. (Ac) All Outages shall take place in accordance with the notices of Outages provided by the Supplier to the Buyer under this Section 15.3, provided that where the System Operator directs the Supplier to amend its schedule of Planned Outages on less than ten (10) Business Days’ prior notice, the Supplier shall follow such direction and provide notice of any Outage,changes to the Buyer within two (2) Business Days of receipt of such direction from the System Operator.

Reports to the Buyer. ‌ (a) The Supplier shall deliver agrees to provide to the Buyer a copy of all reports, plans plans, and notices that the Supplier is required to provide under to the IESO Market Rules IMO with respect to Control Equipment Outages, at the same time or within one (1) Business Day after as soon as possible thereafter as such reports, plans plans, and notices are delivered by the Supplier under to the IESO IMO. If the Supplier is not governed by the IMO Market Rules.‌Rules in respect to Outages, the Supplier shall provide to the Buyer a copy of all reports, plans, and notices that the Supplier would have been required to provide to the IMO with respect to Control Equipment Outages if the Supplier were subject to the IMO Market Rules in that regard, within the same timelines prescribed by the IMO Market Rules. (b) In addition to the documentation provided in Section 15.3(a):‌foregoing, the Supplier shall deliver at the times specified below the following documents, reports, plans and notices to the Buyer: (i) where the Facility is a Non-Electricity Storage Facility, the Supplier may, as part of its delivery of the Annual Operating Plan as set out in Section 15.3(b)(ii) designate either:‌ (A) one No later than: (1) the date of this Agreement, where the calendar months Commercial Operation Date occurs prior to, or within sixty (60) days after, the date of Aprilthis Agreement, May, October or November in the subsequent Contract Year (unless otherwise directed or requested by the System Operator in accordance with the IESO Market Rules) in which it will conduct a Planned Outage for the purposes of annual planned maintenance with a duration of at least ten (10) consecutive Business Days (any such designated single calendar month, a “Sole Annual Planned Maintenance Month”); or (B) two (2) of the calendar months of April, May, October or November in the subsequent Contract Year (unless otherwise directed or requested by the System Operator in accordance with the IESO Market Rules) in which it will conduct a Planned Outage for the purposes of annual planned maintenance with a duration of at least five (5) consecutive Business Days (any of such two (2) designated calendar months, a “Split Annual Planned Maintenance Month”); (ii) the Supplier shall, no later than sixty (60) days prior to the Commercial Operation Date, and thereafter prior where the commencement Commercial Operation Date occurs more than sixty (60) days after the date of any subsequent Contract Yearthis Agreement, the Supplier shall provide to the Buyer an annual operating plan for the Facility Control Equipment for the Term (the “Long Term Operating Plan”) commencing at the Term Commencement Date, including a long term major maintenance schedule. The Supplier shall promptly provide the Buyer with copies of any amendments or modifications to the Long Term Operating Plan. The Long Term Operating Plan shall be consistent with Good Engineering and Operating Practices and is not a guarantee of the timing of Planned Outages. (ii) No later than: (A) the date that the Long Term Operating Plan is to be provided to the Buyer in accordance with Section 14.3(b)(i), and (B) in respect of each Contract Year thereafter, sixty (60) days prior to each Contract Year, the Supplier shall provide to the Buyer an operating plan for the Control Equipment for the succeeding Contract Year, in the form set out in Exhibit L Year (the “Annual Operating Plan”). The Annual Operating Plan shall include a schedule of Planned Outages for that twelve (12) 12 month period (together with the Supplier’s estimate of the expected duration of each Planned Outage) which shall be consistent with Good Engineering and Operating Practices and, to and consistent with the extent the Supplier is required to do so by the IESO Market Rules, coordinated with and approved by the System OperatorLong Term Operating Plan. The Supplier may, on not less than ten (10) Business Days15 days’ prior notice to the Buyer, amend the Annual Operating Plan and its schedule of Planned Outages, provided that where the System Operator directs the Supplier to amend its schedule of Planned Outages on less than ten (10) Business Days’ prior notice, the Supplier shall make the corresponding amendments to its Annual Operating Plan and shall provide the Buyer with notice of such amendment within two (2) Business Days of receipt of any such direction from the System Operator; and‌Plan. (iii) The Supplier shall promptly notify the Buyer of any Control Equipment Outage other than a Planned Outage, or any anticipated Control Equipment Outage other than a Planned Outage. Any notice under this subsection shall include a statement of the cause of such Outage, the proposed corrective action and the Supplier’s estimate of the expected duration of such Outage. The Supplier shall use Commercially Reasonable Efforts to promptly end or reduce the length of such Outage. (iv) The Supplier shall give the Buyer thirty (30) days prior written notice (or such lesser number of days as is possible in the circumstances) of any Planned Outage of the Control Equipment. (v) All Outages shall take place in accordance with the notices of Outages provided by the Supplier shall provide prompt notice to the Buyer under this Section 14.3. (c) Notwithstanding the foregoing, the Supplier acknowledges that the value of (A) RCRCH set out in Section 2.1 of Exhibit J shall be determined by reference to Load Outages which the Supplier has reported to the Buyer and the IMO at least 1 day in advance of such Load Outage and any Outage,other Load Outage reported in the DR Verification Certificate, and no such report will be valid unless supported by a verification statement from the DR Verification Consultant which provides that the DR Project from which the relevant curtailment of Electricity demand would otherwise have been drawn was operating below the normal load levels during the relevant period.

Reports to the Buyer. ‌ (a) The Supplier shall deliver to the Buyer a copy of all reports, plans and notices that the Supplier is required to provide under the IESO Market Rules with respect to Outages, at the same time or within one (1) Business Day after such reports, plans and notices are delivered by the Supplier under the IESO Market Rules.‌ (b) In addition to the documentation provided in Section 15.3(a):‌15.3(a):‌ Draft (i) where the Facility is a Non-Electricity Storage Facility, the Supplier may, as part of its delivery of the Annual Operating Plan as set out in Section 15.3(b)(ii) designate either:‌ (A) one (1) of the calendar months of April, May, October or November in the subsequent Contract Year (unless otherwise directed or requested by the System Operator in accordance with the IESO Market Rules) in which it will conduct a Planned Outage for the purposes of annual planned maintenance with a duration of at least ten (10) consecutive Business Days (any such designated single calendar month, a “Sole Annual Planned Maintenance Month”); or (B) two (2) of the calendar months of April, May, October or November in the subsequent Contract Year (unless otherwise directed or requested by the System Operator in accordance with the IESO Market Rules) in which it will conduct a Planned Outage for the purposes of annual planned maintenance with a duration of at least five (5) consecutive Business Days (any of such two (2) designated calendar months, a “Split Annual Planned Maintenance Month”); (ii) the Supplier shall, no later than sixty (60) days prior to Commercial Operation Date, and thereafter prior the commencement of any subsequent Contract Year, provide to the Buyer an annual operating plan for the Facility for the succeeding Contract Year, in the form set out in Exhibit L (the “Annual Operating Plan”). The Annual Operating Plan shall include a schedule of Planned Outages for that twelve (12) month period (together with the Supplier’s estimate of the expected duration of each Planned Outage) which shall be consistent with Good Engineering and Operating Practices and, to the extent the Supplier is required to do so by the IESO Market Rules, coordinated with and approved by the System Operator. The Supplier may, on not less than ten (10) Business Days’ prior notice to the Buyer, amend the Annual Operating Plan and its schedule of Planned Outages, provided that where the System Operator directs the Supplier to amend its schedule of Planned Outages on less than ten (10) Business Days’ prior notice, the Supplier shall make the corresponding amendments to its Annual Operating Plan and shall provide the Buyer with notice of such amendment within two (2) Business Days of receipt of any such direction from the System Operator; and‌and‌‌ (iiiii) the Supplier shall provide prompt notice to the Buyer of any Outage other than a Planned Outage, or any anticipated Outage other than a Planned Outage, utilizing the form attached as Exhibit S, followed thereafter by a subsequent notice, to be delivered as soon as reasonably practicable, which subsequent notice shall include a statement of the cause of such Outage, the proposed corrective action and the Supplier’s estimate of the expected duration of such Outage. The Supplier shall use Commercially Reasonable Efforts to promptly end or reduce the length of such Outage.‌‌‌ (Ac) All Outages shall take place in accordance with the notices of Outages provided by the Supplier to the Buyer under this Section 15.3, provided that where the System Operator directs the Supplier to amend its schedule of Planned Outages on less than ten (10) Business Days’ prior notice, the Supplier shall follow such direction and provide notice of any Outage,changes to the Buyer within two (2) Business Days of receipt of such direction from the System Operator.‌‌‌

Reports to the Buyer. ‌ (a) The Supplier shall deliver to the Buyer a copy of all reports, plans and notices that the Supplier is required to provide under the IESO Market Rules with respect to Outages, at the same time or within one (1) Business Day after such reports, plans and notices are delivered by the Supplier under the IESO Market Rules.‌to (b) In addition to the documentation provided in Section 15.3(a):‌15.3(a): (i) where the Facility is a Non-Electricity Storage Facility, the Supplier may, as part of its delivery of the Annual Operating Plan as set out in Section 15.3(b)(ii) designate either:‌ (A) one (1) of the calendar months of April, May, October or November in the subsequent Contract Year (unless otherwise directed or requested by the System Operator in accordance with the IESO Market Rules) in which it will conduct a Planned Outage for the purposes of annual planned maintenance with a duration of at least ten (10) consecutive Business Days (any such designated single calendar month, a “Sole Annual Planned Maintenance Month”); or or‌ (B) two (2) of the calendar months of April, May, October or November in the subsequent Contract Year (unless otherwise directed or requested by the System Operator in accordance with the IESO Market Rules) in which it will conduct a Planned Outage for the purposes of annual planned maintenance with a duration of at least five (5) consecutive Business Days (any of such two (2) designated calendar months, a “Split Annual Planned Maintenance Month”);Month”);‌ Draft (ii) the Supplier shall, no later than sixty (60) days prior to Commercial Operation Date, and thereafter prior the commencement of any subsequent Contract Year, provide to the Buyer an annual operating plan for the Facility for the succeeding Contract Year, in the form set out in Exhibit L (the “Annual Operating Plan”). The Annual Operating Plan shall include a schedule of Planned Outages for that twelve (12) month period (together with the Supplier’s estimate of the expected duration of each Planned Outage) which shall be consistent with Good Engineering and Operating Practices and, to the extent the Supplier is required to do so by the IESO Market Rules, coordinated with and approved by the System Operator. The Supplier may, on not less than ten (10) Business Days’ prior notice to the Buyer, amend the Annual Operating Plan and its schedule of Planned Outages, provided that where the System Operator directs the Supplier to amend its schedule of Planned Outages on less than ten (10) Business Days’ prior notice, the Supplier shall make the corresponding amendments to its Annual Operating Plan and shall provide the Buyer with notice of such amendment within two (2) Business Days of receipt of any such direction from the System Operator; and‌and‌‌ (iii) the Supplier shall provide prompt notice to the Buyer of (A) any Outage,Outage,‌‌‌

Reports to the Buyer. ‌ (a) The Supplier shall deliver to the Buyer a copy of all reports, plans and notices for the Facility that the Supplier is required to provide under to the IESO Market Rules System Operator with respect to Outages, at the same time or within one ten (110) Business Day Days after such reports, plans and notices are delivered the end of each Settlement Month in a “.CSV” file format or other substantially equivalent file format specified by the Supplier under the IESO Market Rules.‌Buyer.‌ (b) In addition to the documentation provided in Section 15.3(a):‌15.3(a), the Supplier shall deliver at the times specified below the following documents, reports, plans and notices to the Buyer for the Facility as submitted to the System Operator: (i) where the Facility within ten (10) Business Days after each time that it is a Non-Electricity Storage Facilityupdated, the Supplier may, as part of its delivery electronic copies of the Annual Operating Plan as set out following reports, or in Section 15.3(b)(ii) designate either:‌the event the report is subsequently renamed, replaced, or changed, its equivalent: (A) one 18 Month Outlook Plans for New or Modified Facilities Information Submittal Form (1) of the calendar months of April, May, October or November in the subsequent Contract Year (unless otherwise directed or requested by the System Operator in accordance with the IESO Market Rules) in which it will conduct a Planned Outage for the purposes of annual planned maintenance with a duration of at least ten (10) consecutive Business Days (any such designated single calendar month, a “Sole Annual Planned Maintenance Month”1484); or, (B) two 18 Month Outlook Generator Information Submittal Form (21230), (C) of the calendar months of AprilReliability Assessment, MayPlans for Retired, October New or November in the subsequent Contract Year Modified Facilities Information Submittal Form (unless otherwise directed or requested by the System Operator in accordance with the IESO Market Rules1494), and (D) in which it will conduct a Planned Outage for the purposes of annual planned maintenance with a duration of at least five Reliability Assessment, Generator Information Submittal Form (5) consecutive Business Days (any of such two (2) designated calendar months, a “Split Annual Planned Maintenance Month”1223); (ii) the Supplier shall, no later than sixty (60) days prior to Commercial Operation Date, and thereafter prior the commencement of any subsequent each Contract Year, the Supplier shall provide to the Buyer an annual operating plan for the Facility for the succeeding Contract Year, in the form set out in Exhibit L O (the “Annual Operating Plan”). The Annual Operating Plan shall include a schedule of Planned Outages for that twelve (12) month period (together with the Supplier’s estimate of the expected duration of each Planned Outage) which shall be consistent with Good Engineering and Operating Practices and, to the extent the Supplier is required to do so by the IESO Market Rules, coordinated with and approved by the System Operator. The Supplier maymay amend the Annual Operating Plan, on not less than provided that within ten (10) Business Days’ prior notice to the Buyer, amend the Annual Operating Plan and its schedule of Planned Outages, provided that where the System Operator directs the Supplier to amend its schedule of Planned Outages on less than ten (10) Business Days’ prior noticeDays after each time it is amended, the Supplier shall make the corresponding amendments to its Annual Operating Plan and shall provide the Buyer with notice of such amendment within two (2) Business Days of receipt of any such direction from to the System Operator; and‌Buyer;‌ (iii) the Supplier shall provide prompt notice to the Buyer of any Outage other than a Planned Outage, or any anticipated Outage other than a Planned Outage, where such Outage is reasonably expected to have a duration longer than seven days. Any notice under this subsection shall include a statement of the cause of such Outage, the proposed corrective action and the Supplier’s estimate of the expected duration of such Outage; (Aiv) within sixty (60) days after the end of each Contract Year, a certification of its compliance with the Must-Offer Obligations, in accordance with Exhibit G, which certificate of compliance will be accompanied by an annual report of the applicable “q” (quantity) from the “p-q” pairs offered into the IESO- Administered Markets and, within ten (10) days after the Supplier becomes aware or ought reasonably to have become aware of any Outage,Must-Offer Non- Performance Event, the Supplier will provide notification of such Must- Offer Non-Performance Event to the Buyer with reasonable particulars thereof (such notice a “Notice of Must-Offer Non-Performance Event”); (v) monthly reports to be delivered no later than the tenth (10th) Business Day of each Settlement Month reporting on any instances in the immediately preceding Settlement Month where offers were withdrawn pursuant to Section 1(a)(v) of Exhibit G, including the basis for withdrawing such offers; and (vi) monthly reports to be delivered no later than the tenth (10th) Business Day of each Settlement Month reporting on all operating states for the calculation of EFOR(OP) for all hours in the immediately preceding Settlement Month.

Reports to the Buyer. ‌‌‌ (a) The Supplier shall deliver to the Buyer a copy of all reports, plans and notices that the Supplier is required to provide under the IESO Market Rules with respect to Outages, at the same time or within one (1) Business Day after such reports, plans and notices are delivered by the Supplier under the IESO Market Rules.‌Rules. (b) In addition to the documentation provided in Section 15.3(a):‌ (i) where the Facility is a Non-Electricity Storage Facility, the Supplier may, as part of its delivery of the Annual Operating Plan as set out in Section 15.3(b)(ii) designate either:‌ (A) one (1) of the calendar months of April, May, October or November in the subsequent Contract Year (unless otherwise directed or requested by the System Operator in accordance with the IESO Market Rules) in which it will conduct a Planned Outage for the purposes of annual planned maintenance with a duration of at least ten (10) consecutive Business Days (any such designated single calendar month, a “Sole Annual Planned Maintenance Month”); or or‌ (B) two (2) of the calendar months of April, May, October or November in the subsequent Contract Year (unless otherwise directed or requested by the System Operator in accordance with the IESO Market Rules) in which it will conduct a Planned Outage for the purposes of annual planned maintenance with a duration of at least five (5) consecutive Business Days (any of such two (2) designated calendar months, a “Split Annual Planned Maintenance Month”);Month”);‌ (ii) the Supplier shall, no later than sixty (60) days prior to Commercial Operation Date, and thereafter prior the commencement of any subsequent Contract Year, provide to the Buyer an annual operating plan for the Facility for the succeeding Contract Year, in the form set out in Exhibit L (the “Annual Operating Plan”). The Annual Operating Plan shall include a schedule of Planned Outages for that twelve (12) month period (together with the Supplier’s estimate of the expected duration of each Planned Outage) which shall be consistent with Good Engineering and Operating Practices and, to the extent the Supplier is required to do so by the IESO Market Rules, coordinated with and approved by the System Operator. The Supplier may, on not less than ten (10) Business Days’ prior notice to the Buyer, amend the Annual Operating Plan and its schedule of Planned Outages, provided that where the System Operator directs the Supplier to amend its schedule of Planned Outages on less than ten (10) Business Days’ prior notice, the Supplier shall make the corresponding amendments to its Annual Operating Plan and shall provide the Buyer with notice of such amendment within two (2) Business Days of receipt of any such direction from the System Operator; and‌and‌‌ (iii) the Supplier shall provide prompt notice to the Buyer of (A) any Outage,Outage,‌‌‌

Reports to the Buyer. ‌ (a) The Supplier shall deliver to the Buyer a copy of all reports, plans and notices that the Supplier is required to provide under the IESO Market Rules with respect to Outages, at the same time or within one (1) Business Day after such reports, plans and notices are delivered by the Supplier under the IESO Market Rules.‌ (b) In addition to the documentation provided in Section 15.3(a):‌ (i) where the Facility is a Non-Electricity Storage Facility, the Supplier may, as part of its delivery of the Annual Operating Plan as set out in Section 15.3(b)(ii) designate either:‌either:‌ Draft (A) one (1) of the calendar months of April, May, October or November in the subsequent Contract Year (unless otherwise directed or requested by the System Operator in accordance with the IESO Market Rules) in which it will conduct a Planned Outage for the purposes of annual planned maintenance with a duration of at least ten (10) consecutive Business Days (any such designated single calendar month, a “Sole Annual Planned Maintenance Month”); or (B) two (2) of the calendar months of April, May, October or November in the subsequent Contract Year (unless otherwise directed or requested by the System Operator in accordance with the IESO Market Rules) in which it will conduct a Planned Outage for the purposes of annual planned maintenance with a duration of at least five (5) consecutive Business Days (any of such two (2) designated calendar months, a “Split Annual Planned Maintenance Month”); (ii) the Supplier shall, no later than sixty (60) days prior to Commercial Operation Date, and thereafter prior the commencement of any subsequent Contract Year, provide to the Buyer an annual operating plan for the Facility for the succeeding Contract Year, in the form set out in Exhibit L (the “Annual Operating Plan”). The Annual Operating Plan shall include a schedule of Planned Outages for that twelve (12) month period (together with the Supplier’s estimate of the expected duration of each Planned Outage) which shall be consistent with Good Engineering and Operating Practices and, to the extent the Supplier is required to do so by the IESO Market Rules, coordinated with and approved by the System Operator. The Supplier may, on not less than ten (10) Business Days’ prior notice to the Buyer, amend the Annual Operating Plan and its schedule of Planned Outages, provided that where the System Operator directs the Supplier to amend its schedule of Planned Outages on less than ten (10) Business Days’ prior notice, the Supplier shall make the corresponding amendments to its Annual Operating Plan and shall provide the Buyer with notice of such amendment within two (2) Business Days of receipt of any such direction from the System Operator; and‌ (iii) the Supplier shall provide prompt notice to the Buyer of (A) any Outage,

Reports to the Buyer. ‌ (a) The Supplier shall deliver agrees to provide to the Buyer a copy of all reports, plans plans, and notices that the Supplier is required to provide under to the IESO Market Rules IMO with respect to Outages, at the same time or within one (1) Business Day as soon as possible after such reports, plans plans, and notices are delivered by the Supplier under to the IESO IMO. If the Contract Facility is directly connected to an End-User Load and the Supplier is not governed by the IMO Market Rules.‌Rules in respect to Outages, the Supplier shall provide to the Buyer a copy of all reports, plans, and notices that the Supplier would have been required to provide to the IMO with respect to Outages if the Supplier were subject to the IMO Market Rules in that regard, within the same timelines prescribed by the IMO Market Rules. (b) In addition to the documentation provided in Section 15.3(a):‌foregoing, the Supplier shall deliver at the times specified below the following documents, reports, plans and notices to the Buyer: (i) where the Facility is a Non-Electricity Storage Facility, the Supplier may, as part of its delivery of the Annual Operating Plan as set out in Section 15.3(b)(ii) designate either:‌ (A) one no later than: (1) the date of this Agreement, where the calendar months Commercial Operation Date occurs prior to, or within sixty (60) days after, the date of April, May, October this Agreement; or November in the subsequent Contract Year (unless otherwise directed or requested by the System Operator in accordance with the IESO Market Rules) in which it will conduct a Planned Outage for the purposes of annual planned maintenance with a duration of at least ten (10) consecutive Business Days (any such designated single calendar month, a “Sole Annual Planned Maintenance Month”); or (B) two (2) of the calendar months of April, May, October or November in the subsequent Contract Year (unless otherwise directed or requested by the System Operator in accordance with the IESO Market Rules) in which it will conduct a Planned Outage for the purposes of annual planned maintenance with a duration of at least five (5) consecutive Business Days (any of such two (2) designated calendar months, a “Split Annual Planned Maintenance Month”); (ii) the Supplier shall, no later than sixty (60) days prior to the Commercial Operation Date, and thereafter prior where the commencement Commercial Operation Date occurs more than sixty (60) days after the date of any subsequent Contract Yearthis Agreement, the Supplier shall provide to the Buyer an annual operating plan for the Contract Facility for the Term (the “Long Term Operating Plan”) commencing at the Term Commencement Date, including a long term major maintenance schedule. The Supplier shall promptly provide the Buyer with copies of any amendments or modifications to the Long Term Operating Plan. The Long Term Operating Plan shall be consistent with Good Engineering and Operating Practices and is not a guarantee of the timing of Planned Outages; (ii) no later than: (A) the date that the Long Term Operating Plan is to be provided to the Buyer in accordance with Section 14.3(b)(i), and (B) in respect of the second Contract Year and each Contract Year thereafter, sixty (60) days prior to each Contract Year, the Supplier shall provide to the Buyer an operating plan for the Contract Facility for the succeeding Contract Year, in the form set out in Exhibit L Year (the “Annual Operating Plan”). The Annual Operating Plan shall include a schedule of Planned Outages for that twelve (12) 12 month period (together with the Supplier’s estimate of the expected duration of each Planned Outage) which shall be consistent with Good Engineering and Operating Practices and, to and consistent with the extent the Supplier is required to do so by the IESO Market Rules, coordinated with and approved by the System OperatorLong Term Operating Plan. The Supplier may, on not less than ten (10) Business Days15 days’ prior notice to the Buyer, amend the Annual Operating Plan and its schedule of Planned Outages, provided that where the System Operator directs the Supplier to amend its schedule of Planned Outages on less than ten (10) Business Days’ prior notice, the Supplier shall make the corresponding amendments to its Annual Operating Plan and shall provide the Buyer with notice of such amendment within two (2) Business Days of receipt of any such direction from the System Operator; and‌Plan; (iii) The Supplier shall promptly notify the Buyer of any Outage other than a Planned Outage, or any anticipated Outage other than a Planned Outage. Any notice under this subsection shall include a statement of the cause of such Outage, the proposed corrective action and the Supplier’s estimate of the expected duration of such Outage. The Supplier shall use Commercially Reasonable Efforts to promptly end or reduce the length of such Outage; (iv) The Supplier shall give the Buyer thirty (30) days prior written notice (or such lesser number of days as is possible in the circumstances) of any Planned Outage of the Contract Facility; and (v) All Outages shall take place in accordance with the notices of Outages provided by the Supplier shall provide prompt notice to the Buyer of (A) any Outage,under this Section 14.3.

Reports to the Buyer. ‌ (a) The Supplier shall deliver agrees to provide to the Buyer and to the York Region DR Manager a copy of all reports, plans plans, and notices that the Supplier is required to provide under to the IESO Market Rules with respect to OutagesControl Equipment Outages or Outages of DR Measures, at the same time or within one (1) Business Day after as soon as possible thereafter as such reports, plans plans, and notices are delivered by the Supplier under to the IESO. If the Supplier is not governed by the IESO Market Rules.‌Rules in respect to Outages, the Supplier shall provide to the Buyer and to the York Region DR Manager a copy of all reports, plans, and notices that the Supplier would have been required to provide to the IESO with respect to Control Equipment Outages if the Supplier were subject to the IESO Market Rules in that regard, within the same timelines prescribed by the IESO Market Rules. (b) In addition to the documentation provided in Section 15.3(a):‌foregoing, the Supplier shall deliver at the times specified below the following documents, reports, plans and notices to the Buyer: (i) where the Facility is a Non-Electricity Storage Facility, the Supplier may, as part of its delivery of the Annual Operating Plan as set out in Section 15.3(b)(ii) designate either:‌ No later than: (A) one the date of this Agreement, where the Commercial Operation Date occurs prior to, or within sixty (160) days after, the date of the calendar months of Aprilthis Agreement, May, October or November in the subsequent Contract Year (unless otherwise directed or requested by the System Operator in accordance with the IESO Market Rules) in which it will conduct a Planned Outage for the purposes of annual planned maintenance with a duration of at least ten (10) consecutive Business Days (any such designated single calendar month, a “Sole Annual Planned Maintenance Month”); or (B) two (2) of the calendar months of April, May, October or November in the subsequent Contract Year (unless otherwise directed or requested by the System Operator in accordance with the IESO Market Rules) in which it will conduct a Planned Outage for the purposes of annual planned maintenance with a duration of at least five (5) consecutive Business Days (any of such two (2) designated calendar months, a “Split Annual Planned Maintenance Month”); (ii) the Supplier shall, no later than sixty (60) days prior to the Commercial Operation Date, and thereafter prior where the commencement Commercial Operation Date occurs more than sixty (60) days after the date of any subsequent Contract Yearthis Agreement, the Supplier shall provide to the Buyer an annual operating plan for the Facility Control Equipment for the Term (the “Long Term Operating Plan”) commencing at the Term Commencement Date, including a long-term major maintenance schedule. The Supplier shall promptly provide the Buyer with copies of any amendments or modifications to the Long Term Operating Plan. The Long Term Operating Plan shall be consistent with Good Engineering and Operating Practices and is not a guarantee of the timing of Planned Outages. (ii) No later than: York Region DR Contract Released November 30, 2005 (A) the date that the Long Term Operating Plan is to be provided to the Buyer in accordance with Section 13.3(b)(i), and (B) in respect of each Contract Year thereafter, sixty (60) days prior to each Contract Year, the Supplier shall provide to the Buyer an operating plan for the Control Equipment for the succeeding Contract Year, in the form set out in Exhibit L Year (the “Annual Operating Plan”). The Annual Operating Plan shall include a schedule of Planned Outages for that twelve (12) month period (together with the Supplier’s estimate of the expected duration of each Planned Outage) which shall be consistent with Good Engineering and Operating Practices and, to and consistent with the extent the Supplier is required to do so by the IESO Market Rules, coordinated with and approved by the System OperatorLong Term Operating Plan. The Supplier may, on not less than ten fifteen (1015) Business Daysdays’ prior notice to the Buyer, amend the Annual Operating Plan and its schedule of Planned Outages, provided that where the System Operator directs the Supplier to amend its schedule of Planned Outages on less than ten (10) Business Days’ prior notice, the Supplier shall make the corresponding amendments to its Annual Operating Plan and shall provide the Buyer with notice of such amendment within two (2) Business Days of receipt of any such direction from the System Operator; and‌Plan. (iii) The Supplier shall promptly notify the Buyer of any Control Equipment Outage other than a Planned Outage, or any anticipated Control Equipment Outage other than a Planned Outage. Any notice under this subsection shall include a statement of the cause of such Outage, the proposed corrective action and the Supplier’s estimate of the expected duration of such Outage. The Supplier shall use Commercially Reasonable Efforts to promptly end or reduce the length of such Outage. (iv) The Supplier shall give the Buyer thirty (30) days prior written notice (or such lesser number of days as is possible in the circumstances) of any Planned Outage of the Control Equipment. (v) Planned Outages shall be prohibited during the Season. (vi) All Outages shall take place in accordance with the notices of Outages provided by the Supplier shall provide prompt notice to the Buyer of (A) any Outage,under this Section 13.3.