Common use of Requirements for Commercial Operation Clause in Contracts

Requirements for Commercial Operation. (a) A Refurbished Unit will achieve “Commercial Operation” at the point in time when the following conditions have been satisfied: (i) The Counterparty has received a certificate addressed to it from a senior officer of the Generator with responsibility for such matters stating that: (A) the Generator has received the CNSC’s approval to release such Refurbished Unit’s reactor shutdown guarantee(s); (B) such senior officer of the Generator has approved raising such Refurbished Unit’s reactor power above 75% of rated capacity and has declared such Refurbished Unit “in service”; (C) such Refurbished Unit has operated at a net Electricity output greater than 600 MW for 48 consecutive hours; and (D) there are no conditions in respect of such Refurbished Unit that are reasonably expected to require an Outage in respect of such Refurbished Unit within the next thirty (30) consecutive days; and (ii) Such Refurbished Unit has: (A) successfully completed the commissioning tests for such Unit as a “commissioning generation facility” in accordance with the IESO Market Rules and such tests have been approved by the System Operator, whether with or without conditions; and (B) been declared by the System Operator to be a registered “generation facility” that is subject to Dispatch Instructions and that is no longer a “commissioning generation facility” as defined in the IESO Market Rules. Where the status designations “commissioning generation facility” or “generation facility” are no longer applicable pursuant to the then current IESO Market Rules, the substantially similar designation then applicable will apply. (b) The Generator agrees to provide to the Counterparty, forthwith after receipt thereof, a copy of the declaration from the System Operator referred to in Section 2.9(a)(ii)(B) above (or other certificate or confirmation from the System Operator confirming such declaration). Notwithstanding Section 2.9(a)(ii), provided that the condition in Section 2.9(a)(i) has been satisfied, the date on which a Refurbished Unit is deemed to achieve “Commercial Operation” shall be the date which is the later of: (i) the date on which the condition in Section 2.9(a)(i) was satisfied; and (ii) the date which the System Operator specifies as the date that the conditions in Section 2.9(a)(ii)(A) and Section 2.9(a)(ii)(B) were satisfied, even if the date of the declaration from the System Operator (or other certificate or confirmation from the System Operator confirming the declaration contemplated by Section 2.9(a)(ii)(B)) is dated or delivered on a later date. (c) If the Commercial Operation Date of a Refurbished Unit has not occurred because of a delay in the delivery of the declaration of the System Operator contemplated by Section 2.9(a)(ii)(B) and the Generator has paid liquidated damages under Section 2.10 as a result, such liquidated damages shall be reimbursed to the Generator, together with interest at the Interest Rate calculated daily and compounded monthly, to the extent paid in respect of any period of time after the date that the applicable Refurbished Unit has been deemed to achieve Commercial Operation.

Requirements for Commercial Operation. ‌ (a) A Refurbished Unit The Facility will achieve be deemed to have achieved “Commercial Operation” pursuant to this Agreement at the point in time when when, as subsequently confirmed by the following conditions have been satisfiedBuyer in a written notice to the Supplier as described in Section 2.5(b), the Buyer has received: (i) The Counterparty has received a certificate addressed to it directly from a senior officer of an Independent Engineer, an IE Certificate, in the Generator with responsibility for such matters form set out in Exhibit N, stating that:that:‌ (A) the Generator Facility has received been completed in all material respects, excepting punch list items that do not materially and adversely affect the CNSC’s approval ability of the Facility to release such Refurbished Unit’s reactor shutdown guarantee(s)operate in accordance with this Agreement; (B) such senior officer the Connection Point of the Generator has approved raising such Refurbished Unit’s reactor power above 75% of rated capacity and has declared such Refurbished Unit “Facility is at the location specified in service”Exhibit A; (C) the Facility is able, under normal operating conditions, to Deliver a sustained amount of Electricity for a period at least equal to the Duration Capability; (D) the Facility has been constructed, connected, commissioned and synchronized to the IESO-Controlled Grid or a Distribution System, such Refurbished Unit that 100% of the Contract Capacity (based on the Season during which Commercial Operation occurs) and, if applicable, the Storage Capacity, is available to generate, Withdraw, store and Deliver Electricity (as applicable) in accordance with the requirements of all applicable Laws and Regulations; (E) if the Facility is an Eligible Expansion, the Eligible Expansion has operated at not resulted in a net Electricity output greater than 600 MW for 48 consecutive hoursreduction in the Existing Facility Capacity; (F) the Facility has passed a Performance Test; and (G) the Facility or the Supplier (as applicable) has all permits and approvals issued by Governmental Authorities which are required to construct, operate and maintain the Facility in accordance with Laws and Regulations, including the final Registration Approval Notification (RAN) issued by the System Operator. (ii) a Supplier’s Certificate, together with such documentation required to be provided under such form to the Buyer; (iii) an updated Metering Plan that has been approved by the Buyer pursuant to Section 2.7; (iv) an updated Company Representative contact information form in accordance with Exhibit D) there are no conditions in respect of such Refurbished Unit that are reasonably expected to require an Outage in respect of such Refurbished Unit within the next thirty (30) consecutive days; and (iiv) Such Refurbished Unit has: (A) successfully completed a single line electrical drawing that identifies the commissioning tests for such Unit as as-built Connection Point sealed by a “commissioning generation facility” professional engineer licensed in accordance with Ontario, clearly showing area transmission and distribution facilities, including the IESO Market Rules and such tests have been approved by the System Operator, whether with or without conditions; and (B) been declared by the System Operator to be a registered “generation facility” transformer station that is subject to Dispatch Instructions and that is no longer a “commissioning generation facility” as defined in the IESO Market Rules. Where the status designations “commissioning generation facility” or “generation facility” are no longer applicable pursuant electrically closest to the then current IESO Market Rules, the substantially similar designation then applicable will applyFacility. (b) The Generator agrees Buyer shall notify the Supplier in writing within ten (10) Business Days following receipt of the IE Certificate and the Supplier’s Certificate as to whether the IE Certificate, Supplier’s Certificate, and the documentation provided by the Supplier under the Supplier’s Certificate are acceptable to the Buyer, acting reasonably. If the Buyer determines that the IE Certificate, Supplier’s Certificate, or such documentation provided by the Supplier under the Supplier’s Certificate are not acceptable to the Buyer, acting reasonably, the Buyer shall at the time of such notification provide to the Counterparty, forthwith after receipt thereof, a copy of the declaration from the System Operator referred to in Section 2.9(a)(ii)(B) above (or other certificate or confirmation from the System Operator confirming such declaration). Notwithstanding Section 2.9(a)(ii), provided that the condition in Section 2.9(a)(i) has been satisfied, the date on which a Refurbished Unit is deemed to achieve “Commercial Operation” shall be the date which is the later of: (i) the date on which the condition in Section 2.9(a)(i) was satisfied; and (ii) the date which the System Operator specifies as the date that the conditions in Section 2.9(a)(ii)(A) and Section 2.9(a)(ii)(B) were satisfied, even if the date of the declaration from the System Operator (or other certificate or confirmation from the System Operator confirming the declaration contemplated by Section 2.9(a)(ii)(B)) is dated or delivered on a later date. (c) If the Commercial Operation Date of a Refurbished Unit has not occurred because of a delay in the delivery of the declaration of the System Operator contemplated by Section 2.9(a)(ii)(B) and the Generator has paid liquidated damages under Section 2.10 as a result, such liquidated damages shall be reimbursed to the Generator, together with interest at the Interest Rate calculated daily and compounded monthly, to the extent paid Supplier reasonable particulars in respect of any period of time after the date that deficiencies in the applicable Refurbished Unit has been deemed to achieve Commercial Operation.IE Certificate, Supplier’s Certificate, or such other documentation.‌

Requirements for Commercial Operation. (a) A Refurbished Unit The Contract Facility will achieve be deemed to have achieved “Commercial Operation” at the point in time when the following conditions have been satisfied: (i) The Counterparty Supplier has submitted to the Buyer a proposed Gas Management Plan for the Contract Facility in accordance with Section 2.2(d), and has finalized a Gas Management Plan with the Buyer in accordance with the procedures set out in Exhibit S and the Buyer has received a certificate addressed to it from a senior officer an Independent Engineer, procured at the expense of the Generator with responsibility for such matters Supplier, in a form acceptable to the Buyer, acting reasonably, stating that: (Aa) the Generator Contract Facility has received been completed in all material respects, excepting punch list items that do not materially and adversely affect the CNSC’s approval ability of the Contract Facility to release operate in accordance with this Agreement; (b) the Connection Point of the Contract Facility is at the location specified in Exhibit A; (c) the Contract Facility has been constructed, connected, commissioned and synchronized to the IESO-Controlled Grid, such Refurbished Unit’s reactor shutdown guarantee(sthat at least 100% of the Contract Capacity for the Contract Facility is available to generate Electricity in accordance with the requirements of all applicable Laws and Regulations; (d) the Contract Facility has been started up a minimum of ten (10) times and has fulfilled the Start-Up Time Requirements in at least 80% of such start-ups. For greater certainty, the start-ups considered for purposes of the previous sentence may, at the option of the Supplier, include those start-ups that are carried out in the normal course of commissioning the Contract Facility or in testing the Contract Facility for purposes of Section 2.6(e); (Be) such senior officer the Contract Facility has generated Electricity in compliance with all Laws and Regulations for four (4) continuous hours at an uninterrupted rate not less than 100% of the Generator has approved raising such Refurbished Unit’s reactor power above 75% Contract Capacity for the Contract Facility. This requirement shall be evaluated based on calculation of rated capacity the generator output at the Delivery Point net of any Station Service Loads, in accordance with the Metering Plan, and has declared such Refurbished Unit “shall be satisfied if the energy output in service”each of the four (4) hours (in MWh), divided by one hour, is equal to or greater than the Contract Capacity for the Contract Facility. The Supplier acknowledges and agrees that the Contract Capacity for the Contract Facility and the Station Service Loads, as may be measured by the foregoing test, shall not be adjusted for ambient weather or other conditions whatsoever; (Cf) such Refurbished Unit it has operated been demonstrated, through performance testing in accordance with the American Society of Mechanical Engineers PTC 22 – 1997 Performance Test Code on Gas Turbines for a simple cycle gas turbine (SCGT) generation facility or other equivalent international performance test procedures agreed to by the Buyer acting reasonably, an electrical output, measured at a the Delivery Point net Electricity output of any Station Service Loads, demonstrating the maximum capacity of the Contract Facility and the Contract Facility has achieved the Contract Capacity for the Contract Facility. A copy of the performance test report is to be attached to the Independent Engineer’s certificate. For greater certainty, any obligations of the Supplier under this Agreement relating to or premised upon the amount of Nameplate Capacity shall remain in effect, unamended, notwithstanding that the maximum capacity of the Contract Facility as demonstrated during the performance test may be less than 600 MW for 48 consecutive hoursthe Nameplate Capacity; and (Dg) there are no conditions it has been demonstrated that the Contract Facility has a minimum ramp rate (being defined as the rate of increase or decrease in respect energy output that the Contract Facility is capable of such Refurbished Unit that are reasonably expected to require an Outage in respect of such Refurbished Unit within the next thirty (30) consecutive days; and (ii) Such Refurbished Unit has: (A) successfully completed the commissioning tests for such Unit as a “commissioning generation facility” in accordance with the IESO Market Rules and such tests have been approved by the System Operatorachieving after start-up, whether with or without conditions; and (B) been declared by the System Operator to be a registered “generation facility” that is subject to Dispatch Instructions and that is no longer a “commissioning generation facility” as defined in the IESO Market Rules. Where the status designations “commissioning generation facility” or “generation facility” are no longer applicable pursuant synchronization to the then current IESO Market RulesIESO-Controlled Grid, and technically required hold points, with such interval being between the substantially similar designation then applicable will apply. (b) The Generator agrees to provide to minimum load and the Counterpartymaximum continuous output rating, forthwith after receipt thereof, a copy being the maximum continuous output rating of the declaration from the System Operator referred plant) over a single five minute interval of at least “x” MW/minute, where “x” is a value equal to in Section 2.9(a)(ii)(B) above (or other certificate or confirmation from the System Operator confirming such declaration). Notwithstanding Section 2.9(a)(ii), provided that the condition in Section 2.9(a)(i) has been satisfied, the date on which a Refurbished Unit is deemed to achieve “Commercial Operation” shall be the date which is the later of: (i) the date on which the condition in Section 2.9(a)(i) was satisfied; and (ii) the date which the System Operator specifies as the date that the conditions in Section 2.9(a)(ii)(A) and Section 2.9(a)(ii)(B) were satisfied, even if the date 4% of the declaration from the System Operator (or other certificate or confirmation from the System Operator confirming the declaration contemplated by Section 2.9(a)(ii)(B)) is dated or delivered on a later dateNameplate Capacity. (c) If the Commercial Operation Date of a Refurbished Unit has not occurred because of a delay in the delivery of the declaration of the System Operator contemplated by Section 2.9(a)(ii)(B) and the Generator has paid liquidated damages under Section 2.10 as a result, such liquidated damages shall be reimbursed to the Generator, together with interest at the Interest Rate calculated daily and compounded monthly, to the extent paid in respect of any period of time after the date that the applicable Refurbished Unit has been deemed to achieve Commercial Operation.

Requirements for Commercial Operation. (a) A Refurbished Unit The Facility will achieve be deemed to have achieved “Commercial Operation” pursuant to this Agreement at the point in time when when, as subsequently confirmed by the following conditions have been satisfiedBuyer in a written notice to the Supplier as described in Section 2.5(b), the Buyer has received: (i) The Counterparty has received a certificate addressed to it directly from a senior officer of an Independent Engineer, an IE Certificate, in the Generator with responsibility for such matters form set out in Exhibit N, stating that: (A) the Generator Facility has received been completed in all material respects, excepting punch list items that do not materially and adversely affect the CNSC’s approval ability of the Facility to release such Refurbished Unit’s reactor shutdown guarantee(s);operate in accordance with this Agreement;‌ (B) such senior officer the Connection Point of the Generator has approved raising such Refurbished Unit’s reactor power above 75% of rated capacity and has declared such Refurbished Unit “Facility is at the location specified in service”;Exhibit A;‌ (C) such Refurbished Unit has operated the Facility is able, under normal operating conditions, to Deliver a sustained amount of Electricity for a period at a net Electricity output greater than 600 MW for 48 consecutive hours; andleast equal to the Duration Capability;‌ Draft (D) there the Facility has been constructed, connected, commissioned and synchronized to the IESO-Controlled Grid or a Distribution System, such that 100% of the Contract Capacity (based on the Season during which Commercial Operation occurs) and, if applicable, the Storage Capacity, is available to generate, Withdraw, store and Deliver Electricity (as applicable) in accordance with the requirements of all applicable Laws and Regulations;‌‌ (E) if the Facility is an Eligible Expansion, the Eligible Expansion has not resulted in a reduction in the Existing Facility Capacity;‌ (F) the Facility has passed a Performance Test; and‌ (G) the Facility or the Supplier (as applicable) has all permits and approvals issued by Governmental Authorities which are no conditions required to construct, operate and maintain the Facility in respect of such Refurbished Unit that are reasonably expected to require an Outage in respect of such Refurbished Unit within accordance with Laws and Regulations, including the next thirty final Registration Approval Notification (30RAN) consecutive days; andissued by the System Operator.‌ (ii) Such Refurbished Unit has:a Supplier’s Certificate, together with such documentation required to be provided under such form to the Buyer;‌ (Aiii) successfully completed the commissioning tests for such Unit as a “commissioning generation facility” in accordance with the IESO Market Rules and such tests have an updated Metering Plan that has been approved by the System Operator, whether with or without conditions; andBuyer pursuant to Section 2.7; (Biv) been declared a single line electrical drawing that identifies the as-built Connection Point sealed by a professional engineer licensed in Ontario, clearly showing area transmission and distribution facilities, including the transformer station that is electrically closest to the Facility;‌ (v) a copy of the final Registration Approval Notification (RAN) issued by the System Operator to be Operator; and‌ (vi) a registered “copy of the generation facility” that is subject to Dispatch Instructions and that is no longer a “commissioning generation facility” or storage license (as defined in the IESO Market Rules. Where the status designations “commissioning generation facility” or “generation facility” are no longer applicable pursuant to the then current IESO Market Rules, the substantially similar designation then applicable will apply.applicable) issued by OEB.‌ (b) The Generator agrees Buyer shall notify the Supplier in writing within ten (10) Business Days following receipt of the IE Certificate and the Supplier’s Certificate as to whether the IE Certificate, Supplier’s Certificate, and the documentation provided by the Supplier under the Supplier’s Certificate are acceptable to the Buyer, acting reasonably. If the Buyer determines that the IE Certificate, Supplier’s Certificate, or such documentation provided by the Supplier under the Supplier’s Certificate are not acceptable to the Buyer, acting reasonably, the Buyer shall at the time of such notification provide to the Counterparty, forthwith after receipt thereof, a copy of the declaration from the System Operator referred to in Section 2.9(a)(ii)(B) above (or other certificate or confirmation from the System Operator confirming such declaration). Notwithstanding Section 2.9(a)(ii), provided that the condition in Section 2.9(a)(i) has been satisfied, the date on which a Refurbished Unit is deemed to achieve “Commercial Operation” shall be the date which is the later of: (i) the date on which the condition in Section 2.9(a)(i) was satisfied; and (ii) the date which the System Operator specifies as the date that the conditions in Section 2.9(a)(ii)(A) and Section 2.9(a)(ii)(B) were satisfied, even if the date of the declaration from the System Operator (or other certificate or confirmation from the System Operator confirming the declaration contemplated by Section 2.9(a)(ii)(B)) is dated or delivered on a later date. (c) If the Commercial Operation Date of a Refurbished Unit has not occurred because of a delay in the delivery of the declaration of the System Operator contemplated by Section 2.9(a)(ii)(B) and the Generator has paid liquidated damages under Section 2.10 as a result, such liquidated damages shall be reimbursed to the Generator, together with interest at the Interest Rate calculated daily and compounded monthly, to the extent paid Supplier reasonable particulars in respect of any period of time after the date that deficiencies in the applicable Refurbished Unit has been deemed to achieve Commercial OperationIE Certificate, Supplier’s Certificate, or such other documentation.

Requirements for Commercial Operation. ‌ (a) A Refurbished Unit The Facility will achieve be deemed to have achieved “Commercial Operation” pursuant to this Agreement at the point in time when when, as subsequently confirmed by the following conditions have been satisfiedBuyer in a written notice to the Supplier as described in Section 2.5(b), the Buyer has received: (i) The Counterparty has received a certificate addressed to it directly from a senior officer of an Independent Engineer, an IE Certificate, in the Generator with responsibility for such matters form set out in Exhibit N, stating that:that:‌ (A) the Generator Facility has received been completed in all material respects, excepting punch list items that do not materially and adversely affect the CNSC’s approval ability of the Facility to release such Refurbished Unit’s reactor shutdown guarantee(s)operate in accordance with this Agreement; (B) such senior officer the Connection Point of the Generator has approved raising such Refurbished Unit’s reactor power above 75% of rated capacity and has declared such Refurbished Unit “Facility is at the location specified in service”Exhibit A; (C) the Facility is able, under normal operating conditions, to Deliver a sustained amount of Electricity for a period at least equal to the Duration Capability; (D) the Facility has been constructed, connected, commissioned and synchronized to the IESO-Controlled Grid or a Distribution System, such Refurbished Unit that 100% of the Contract Capacity (based on the Season during which Commercial Operation occurs) and, if applicable, the Storage Capacity, is available to generate, Withdraw, store and Deliver Electricity (as applicable) in accordance with the requirements of all applicable Laws and Regulations; (E) if the Facility is an Eligible Expansion, the Eligible Expansion has operated at not resulted in a net Electricity output greater than 600 MW for 48 consecutive hoursreduction in the Existing Facility Capacity; (F) the Facility has passed a Performance Test; and (DG) there the Facility or the Supplier (as applicable) has all permits and approvals issued by Governmental Authorities which are no conditions required to construct, operate and maintain the Facility in respect accordance with Laws and Regulations, including the final Registration Approval Notification (RAN) issued by the System Operator. (ii) a Supplier’s Certificate, together with such documentation required to be provided under such form to the Buyer; (iii) an updated Metering Plan that has been approved by the Buyer pursuant to Section 2.7; (iv) a single line electrical drawing that identifies the as-built Connection Point sealed by a professional engineer licensed in Ontario, clearly showing area transmission and distribution facilities, including the transformer station that is electrically closest to the Facility; (v) a copy of such Refurbished Unit that are reasonably expected to require an Outage in respect of such Refurbished Unit within the next thirty final Registration Approval Notification (30RAN) consecutive daysissued by the System Operator; and (iivi) Such Refurbished Unit has: a copy of the generation or storage license (Aas applicable) successfully completed the commissioning tests for such Unit as a “commissioning generation facility” in accordance with the IESO Market Rules and such tests have been approved issued by the System Operator, whether with or without conditions; and (B) been declared by the System Operator to be a registered “generation facility” that is subject to Dispatch Instructions and that is no longer a “commissioning generation facility” as defined in the IESO Market Rules. Where the status designations “commissioning generation facility” or “generation facility” are no longer applicable pursuant to the then current IESO Market Rules, the substantially similar designation then applicable will applyOEB. (b) The Generator agrees Buyer shall notify the Supplier in writing within ten (10) Business Days following receipt of the IE Certificate and the Supplier’s Certificate as to whether the IE Certificate, Supplier’s Certificate, and the documentation provided by the Supplier under the Supplier’s Certificate are acceptable to the Buyer, acting reasonably. If the Buyer determines that the IE Certificate, Supplier’s Certificate, or such documentation provided by the Supplier under the Supplier’s Certificate are not acceptable to the Buyer, acting reasonably, the Buyer shall at the time of such notification provide to the Counterparty, forthwith after receipt thereof, a copy of the declaration from the System Operator referred to in Section 2.9(a)(ii)(B) above (or other certificate or confirmation from the System Operator confirming such declaration). Notwithstanding Section 2.9(a)(ii), provided that the condition in Section 2.9(a)(i) has been satisfied, the date on which a Refurbished Unit is deemed to achieve “Commercial Operation” shall be the date which is the later of: (i) the date on which the condition in Section 2.9(a)(i) was satisfied; and (ii) the date which the System Operator specifies as the date that the conditions in Section 2.9(a)(ii)(A) and Section 2.9(a)(ii)(B) were satisfied, even if the date of the declaration from the System Operator (or other certificate or confirmation from the System Operator confirming the declaration contemplated by Section 2.9(a)(ii)(B)) is dated or delivered on a later date. (c) If the Commercial Operation Date of a Refurbished Unit has not occurred because of a delay in the delivery of the declaration of the System Operator contemplated by Section 2.9(a)(ii)(B) and the Generator has paid liquidated damages under Section 2.10 as a result, such liquidated damages shall be reimbursed to the Generator, together with interest at the Interest Rate calculated daily and compounded monthly, to the extent paid Supplier reasonable particulars in respect of any period of time after the date that deficiencies in the applicable Refurbished Unit has been deemed to achieve Commercial Operation.IE Certificate, Supplier’s Certificate, or such other documentation.‌

Requirements for Commercial Operation. (a) A Refurbished Unit The Generator will achieve “be deemed to have achieved commercial operation in respect of the Facility ("Commercial Operation” ") at the point in time when when, as subsequently confirmed by the following conditions have been satisfiedAESO in a written notice to the Generator as described in Section 2.6(c) and subject to the provisos set forth below: (i) The Counterparty the Generator has received a "Non-Zero Dollar Offer Letter" from the AESO, which letter is issued by the AESO to a generator after the relevant facility's "energization checklist" is completed and such generator notifies the AESO that it has completed its commissioning of the Facility, with the exception of model variation testing; (which letter allows the Generator to commence Commercial Operation with the conditions that it will submit the required model variation testing and remedy any outstanding deficiencies by specified dates); (ii) the AESO has received from the Generator copies of all Governmental Approvals issued by the applicable Governmental Authorities which are required to construct, operate and maintain the Facility; (iii) the AESO has received an IE Certificate in the Prescribed Form directly from the Independent Engineer, which confirms that: (A) the Facility and the Connection Facilities have been completed in all material respects, excepting punch list items that do not materially and adversely affect the ability of the Facility to operate in accordance with this Agreement, Good Electric Industry Practice, and all Applicable Laws; (B) the installed, nameplate capacity of the Facility is equal to the Contract Capacity; and (C) the Facility has been constructed, connected, commissioned and synchronized to the AIES or a Distribution Facility, as applicable, such that the Available Capability is not less than ninety percent (90%) of the Contract Capacity; (iv) the AESO has received from the Generator a statutory declaration (in the Prescribed Form) from an officer of the Generator (or, if applicable, its general or managing partner) confirming that, as of a date which is no earlier than ten (10) Business Days prior to the date that the AESO receives the certificate referred to in Section 2.6(a)(v), not less than twenty five percent (25%) of the Economic Interest in respect of the Generator is held, and at all times since the date of the Proposal has been held, by one or more Qualifying Indigenous Communities or Qualifying Indigenous Entities; and (v) the AESO has received a certificate addressed to it from a senior officer the Generator in the Prescribed Form with respect to the Commercial Operation of the Generator Facility, together with responsibility for such matters stating supporting documentation required to be provided to the AESO, as referenced in such form. provided that Commercial Operation shall not in any event occur prior to the Earliest Support Payment Date; and provided further that: (A) , in the case of any Facility which is an Expansion, the Generator has received shall only be deemed to have achieved Commercial Operation at such point in time if the CNSC’s approval to release such Refurbished Unit’s reactor shutdown guarantee(s); Existing Renewable Facility is still commercially operational (B) such senior officer of the Generator has approved raising such Refurbished Unit’s reactor power above 75% of rated capacity and has declared such Refurbished Unit “in service”; (C) such Refurbished Unit has operated at a net Electricity output greater than 600 MW for 48 consecutive hours; and (D) there are no conditions in respect of such Refurbished Unit that are reasonably expected to require an Outage in respect of such Refurbished Unit within the next thirty (30) consecutive days; and (ii) Such Refurbished Unit has: (A) successfully completed the commissioning tests for such Unit as a “commissioning generation facility” in accordance with the IESO Market Rules and such tests have been approved by the System Operator, whether with or without conditions; and (B) been declared by the System Operator to be a registered “generation facility” that is subject to Dispatch Instructions and that is no longer a “commissioning generation facility” as defined in the IESO Market Rules. Where the status designations “commissioning generation facility” or “generation facility” are no longer applicable pursuant to the then current IESO Market Rules, the substantially similar designation then applicable will applydefinition of "Existing Renewable Facility") at such time. (b) The AESO or its Related Parties shall be entitled, at the AESO's option, to attend any performance and generation test(s) for purposes of Section 2.6(a)(iii)(C) and the Generator agrees to shall provide to the Counterparty, forthwith after receipt thereof, AESO a copy reasonable period in advance thereof confirmation in writing of the declaration from the System Operator referred to in Section 2.9(a)(ii)(B) above (or other certificate or confirmation from the System Operator confirming timing of such declarationtest(s). Notwithstanding Section 2.9(a)(ii), provided that the condition in Section 2.9(a)(i) has been satisfied, the date on which a Refurbished Unit is deemed to achieve “Commercial Operation” shall be the date which is the later of: (i) the date on which the condition in Section 2.9(a)(i) was satisfied; and (ii) the date which the System Operator specifies as the date that the conditions in Section 2.9(a)(ii)(A) and Section 2.9(a)(ii)(B) were satisfied, even if the date of the declaration from the System Operator (or other certificate or confirmation from the System Operator confirming the declaration contemplated by Section 2.9(a)(ii)(B)) is dated or delivered on a later date. (c) The AESO shall notify the Generator in writing within twenty (20) Business Days following receipt of all of the documentation required by Section 2.6(a) as to whether such documentation is acceptable to the AESO, acting reasonably. If the Commercial Operation Date of a Refurbished Unit has AESO determines that such documentation is not occurred because of a delay in acceptable, the delivery of the declaration of the System Operator contemplated by Section 2.9(a)(ii)(B) and AESO shall provide to the Generator has paid liquidated damages under Section 2.10 as a result, such liquidated damages shall be reimbursed to the Generator, together with interest at the Interest Rate calculated daily and compounded monthly, to the extent paid reasonable particulars in respect of any period deficiencies in the achievement of time after the date that the applicable Refurbished Unit has been deemed to achieve Commercial Operation, in which case the Generator's obligations set forth in Sections 2.5(a), and the provisions of this Section 2.6, shall continue to apply mutatis mutandis.

Requirements for Commercial Operation. (a) A Refurbished Unit The DSM Project will achieve be deemed to have achieved “Commercial Operation” at the point in time when the following conditions have been satisfiedwhen: (ia) The Counterparty the Measurement and Verification Plan submitted by the Supplier in accordance with Section 4.1 has been approved by the Buyer; (b) all of the meters and such other equipment as is necessary to measure and verify the Electricity savings achieved by the DSM Project as a direct result of the installation of the Operating Equipment in accordance with the terms of the Measurement and Verification Plan have been installed and are in proper working order; (c) the DSM Project commences operation in compliance with all Laws and Regulations after the completion of construction, and completion of all tests; (d) the Supplier has delivered to the Buyer a completed schedule that lists and accurately describes all of the Operating Equipment that has been installed in connection with the DSM Project; (e) the Buyer has received a certificate DSM Verification Certificate – Commercial Operation addressed to it from a senior officer the DSM Verification Consultant, procured at the expense of the Generator with responsibility for such matters Supplier, stating that: (A) the Generator has received the CNSC’s approval to release such Refurbished Unit’s reactor shutdown guarantee(s); (B) such senior officer of the Generator has approved raising such Refurbished Unit’s reactor power above 75% of rated capacity and has declared such Refurbished Unit “in service”; (C) such Refurbished Unit has operated at a net Electricity output greater than 600 MW for 48 consecutive hours; and (D) there are no conditions in respect of such Refurbished Unit that are reasonably expected to require an Outage in respect of such Refurbished Unit within the next thirty (30) consecutive days; and (ii) Such Refurbished Unit has: (A) successfully completed the commissioning tests for such Unit as a “commissioning generation facility” in accordance with the IESO Market Rules and such tests have been approved by the System Operator, whether with or without conditions; and (B) been declared by the System Operator to be a registered “generation facility” that is subject to Dispatch Instructions and that is no longer a “commissioning generation facility” as defined in the IESO Market Rules. Where the status designations “commissioning generation facility” or “generation facility” are no longer applicable pursuant to the then current IESO Market Rules, the substantially similar designation then applicable will apply. (b) The Generator agrees to provide to the Counterparty, forthwith after receipt thereof, a copy of the declaration from the System Operator referred to in Section 2.9(a)(ii)(B) above (or other certificate or confirmation from the System Operator confirming such declaration). Notwithstanding Section 2.9(a)(ii), provided that the condition in Section 2.9(a)(i) has been satisfied, the date on which a Refurbished Unit is deemed to achieve “Commercial Operation” shall be the date which is the later of: (i) the date on DSM Project has been completed in all material respects excepting punch list items that do not materially and adversely affect the ability of the DSM Project to operate in accordance with this Agreement. In the alternative, the statement set out in this Section 2.4(e)(i) may be provided to the Buyer from an independent professional engineer duly qualified to practice engineering in Ontario; (ii) that the Operating Equipment has been properly installed and commissioned according to standard industry practice; (iii) that the Actual Incremental Capital Costs, which shall be attached to such certificate, are accurate; (iv) if the condition in Section 2.9(a)(iProposal provides that the Connection Point or Connection Points with respect to multiple Loads being aggregated are within a Priority Electrical Zone, that such Connection Point(s) was satisfiedare located within a Priority Electrical Zone; and (iiv) if the Proposal provides that the DSM Project will provide Automatic System Voltage Support, the DSM Project has provided Automatic System Voltage Support for eight (8) continuous hours; (f) the date which Supplier has determined the System Operator specifies as the date that the conditions in Section 2.9(a)(ii)(AAverage Cost of Electricity (COD) and Section 2.9(a)(ii)(B) were satisfiedhas submitted this value, even if along with the date of the declaration from the System Operator (or other certificate or confirmation from the System Operator confirming the declaration contemplated by Section 2.9(a)(ii)(B)) is dated or delivered on a later date. (c) If the Commercial Operation Date of a Refurbished Unit has not occurred because of a delay in the delivery of the declaration of the System Operator contemplated by Section 2.9(a)(ii)(B) supporting documentation and the Generator has paid liquidated damages under Section 2.10 as a result, such liquidated damages shall be reimbursed to the Generator, together with interest at the Interest Rate calculated daily and compounded monthlycalculations, to the extent paid in respect of any period of time after the date that the applicable Refurbished Unit has been deemed to achieve Commercial OperationBuyer for its review.

Requirements for Commercial Operation. (a) A Refurbished Unit The Facility will achieve be deemed to have achieved “Commercial Operation” at the point in time when the following conditions have been satisfiedBuyer has received: (i) The Counterparty has received a certificate addressed to it from a senior officer of an IE Certificate, in the Generator with responsibility for such matters form set out in Exhibit V, stating that: (A) the Generator Facility has received been completed in all material respects, excepting punch list items that do not materially and adversely affect the CNSC’s approval ability of the Facility to release such Refurbished Unit’s reactor shutdown guarantee(s)operate in accordance with this Agreement; (B) such senior officer the Connection Point of the Generator has approved raising such Refurbished Unit’s reactor power above 75% of rated capacity and has declared such Refurbished Unit “Facility is at the location specified in service”Exhibit A; (C) the Facility has been constructed, connected, commissioned and synchronized to the IESO-Controlled Grid, such Refurbished Unit has operated that at a net least 100% of the Contract Capacity for the Facility is available to generate Electricity output greater than 600 MW for 48 consecutive hours; andin accordance with the requirements of all applicable Laws and Regulations; (D) there are no the Facility has generated Electricity in compliance with all Laws and Regulations for four (4) continuous hours at an uninterrupted rate not less than 100% of the Contract Capacity for the Facility. This requirement shall be evaluated based on calculation of the generator output at the Delivery Point net of any Station Service Loads, in accordance with the Metering Plan, and shall be satisfied if the energy output in each of the four (4) hours (in MWh), divided by one hour, is equal to or greater than the Contract Capacity for the Facility. The Supplier acknowledges and agrees that the Contract Capacity for the Facility and the Station Service Loads, as may be measured by the foregoing test, shall not be adjusted for ambient weather or other conditions whatsoever; (E) during each of the four (4) continuous hours referenced in respect Section 2.6(a)(i)(D) for purposes of Electricity generation, the actual emissions of NOx and CO, as determined using the Emissions Measurement Methodology (except that the actual readings will be averaged over such Refurbished Unit 4 continuous hours instead of 24 cumulative hours), did not exceed the respective Emissions Limits. The Supplier acknowledges and agrees that are reasonably expected the satisfaction of this requirement does not relieve the Supplier of its obligations to require comply with all requirements under this Agreement relating to emissions of NOx and CO including those obligations set out in Section 2.8(e); (F) it has been demonstrated, through performance testing in accordance with PTC 46-1996 Performance Test Code on Overall Plant Performance for a combined cycle generation facility or other equivalent international performance test procedures agreed to by the Buyer acting reasonably, an Outage electrical output, measured at the Delivery Point net of any Station Service Loads, demonstrating the maximum capacity of the Facility and the Facility has achieved the Contract Capacity for the Facility. A copy of the performance test report is to be attached to the Independent Engineer’s certificate. For greater certainty, any obligations of the Supplier under this Agreement relating to or premised upon the amount of Nameplate Capacity shall remain in respect effect, unamended, notwithstanding that the maximum capacity of such Refurbished Unit within the next thirty Facility as demonstrated during the performance test may be less than the Nameplate Capacity; (30G) consecutive daysit has been demonstrated that the Facility has a minimum Ramp Rate over a single five minute interval of at least “x” MW/minute, where “x” is a value equal to 4% of the Nameplate Capacity for the applicable Season; and (ii) Such Refurbished Unit has: (A) successfully completed a Supplier’s Certificate, in the commissioning form set out in Exhibit U, together with such documentation required to be provided under such form to the Buyer. The Buyer or its Representative shall be entitled, at the Buyer’s option, to attend the performance and generation tests for such Unit as a “commissioning generation facility” purposes of Sections 2.6(a)(i)(D) and (F), and the Supplier shall provide to the Buyer confirmation in accordance with writing of the IESO Market Rules and timing of such tests have been approved by the System Operator, whether with or without conditions; and at least ten (B10) been declared by the System Operator to be a registered “generation facility” that is subject to Dispatch Instructions and that is no longer a “commissioning generation facility” as defined Business Days in the IESO Market Rules. Where the status designations “commissioning generation facility” or “generation facility” are no longer applicable pursuant to the then current IESO Market Rules, the substantially similar designation then applicable will applyadvance. (b) The Generator agrees Buyer shall notify the Supplier in writing within ten (10) Business Days following receipt of the IE Certificate and the Supplier’s Certificate re: Commercial Operation as to whether the IE Certificate, Supplier’s Certificate, and the documentation provided by the Supplier under the Supplier’s Certificate are acceptable to the Buyer, acting reasonably. If the Buyer determines that the IE Certificate, Supplier’s Certificate, or such documentation provided by the Supplier under the Supplier’s Certificate are not acceptable to the Buyer, the Buyer shall at the time of such notification provide to the Counterparty, forthwith after receipt thereof, a copy of the declaration from the System Operator referred to in Section 2.9(a)(ii)(B) above (or other certificate or confirmation from the System Operator confirming such declaration). Notwithstanding Section 2.9(a)(ii), provided that the condition in Section 2.9(a)(i) has been satisfied, the date on which a Refurbished Unit is deemed to achieve “Commercial Operation” shall be the date which is the later of: (i) the date on which the condition in Section 2.9(a)(i) was satisfied; and (ii) the date which the System Operator specifies as the date that the conditions in Section 2.9(a)(ii)(A) and Section 2.9(a)(ii)(B) were satisfied, even if the date of the declaration from the System Operator (or other certificate or confirmation from the System Operator confirming the declaration contemplated by Section 2.9(a)(ii)(B)) is dated or delivered on a later date. (c) If the Commercial Operation Date of a Refurbished Unit has not occurred because of a delay in the delivery of the declaration of the System Operator contemplated by Section 2.9(a)(ii)(B) and the Generator has paid liquidated damages under Section 2.10 as a result, such liquidated damages shall be reimbursed to the Generator, together with interest at the Interest Rate calculated daily and compounded monthly, to the extent paid Supplier reasonable particulars in respect of any period of time after the date that deficiencies in the applicable Refurbished Unit has been deemed to achieve Commercial OperationIE Certificate, Supplier’s Certificate, or such documentation.

Requirements for Commercial Operation. ‌ (a) A Refurbished Unit The Generator will achieve “be deemed to have achieved commercial operation in respect of the Facility ("Commercial Operation” ") at the point in time when when, as subsequently confirmed by the following conditions have been satisfiedAESO in a written notice to the Generator as described in Section 2.6(c) and subject to the provisos set forth below: (i) The Counterparty the Generator has received a "Non-Zero Dollar Offer Letter" from the AESO, which letter is issued by the AESO to a generator after the relevant facility's "energization checklist" is completed and such generator notifies the AESO that it has completed its commissioning of the Facility, with the exception of model variation testing; (which letter allows the Generator to commence Commercial Operation with the conditions that it will submit the required model variation testing and remedy any outstanding deficiencies by specified dates); (ii) the AESO has received from the Generator copies of all Governmental Approvals issued by the applicable Governmental Authorities which are required to construct, operate and maintain the Facility; (iii) the AESO has received an IE Certificate in the Prescribed Form directly from the Independent Engineer, which confirms that: (A) the Facility and the Connection Facilities have been completed in all material respects, excepting punch list items that do not materially and adversely affect the ability of the Facility to operate in accordance with this Agreement, Good Electric Industry Practice, and all Applicable Laws; (B) the installed, nameplate capacity of the Facility is equal to the Contract Capacity; and (C) the Facility has been constructed, connected, commissioned and synchronized to the AIES or a Distribution Facility, as applicable, such that the Available Capability is not less than ninety percent (90%) of the Contract Capacity; (iv) the AESO has received from the Generator a statutory declaration (in the Prescribed Form) from an officer of the Generator (or, if applicable, its general or managing partner) confirming that, as of a date which is no earlier than ten (10) Business Days prior to the date that the AESO receives the certificate referred to in Section 2.6(a)(v), not less than twenty five percent (25%) of the Economic Interest in respect of the Generator is held, and at all times since the date of the Proposal has been held, by one or more Qualifying Indigenous Communities or Qualifying Indigenous Entities; and (v) the AESO has received a certificate addressed to it from a senior officer the Generator in the Prescribed Form with respect to the Commercial Operation of the Generator Facility, together with responsibility for such matters stating supporting documentation required to be provided to the AESO, as referenced in such form. provided that Commercial Operation shall not in any event occur prior to the Earliest Support Payment Date; and provided further that: (A) , in the case of any Facility which is an Expansion, the Generator has received shall only be deemed to have achieved Commercial Operation at such point in time if the CNSC’s approval to release such Refurbished Unit’s reactor shutdown guarantee(s); Existing Renewable Facility is still commercially operational (B) such senior officer of the Generator has approved raising such Refurbished Unit’s reactor power above 75% of rated capacity and has declared such Refurbished Unit “in service”; (C) such Refurbished Unit has operated at a net Electricity output greater than 600 MW for 48 consecutive hours; and (D) there are no conditions in respect of such Refurbished Unit that are reasonably expected to require an Outage in respect of such Refurbished Unit within the next thirty (30) consecutive days; and (ii) Such Refurbished Unit has: (A) successfully completed the commissioning tests for such Unit as a “commissioning generation facility” in accordance with the IESO Market Rules and such tests have been approved by the System Operator, whether with or without conditions; and (B) been declared by the System Operator to be a registered “generation facility” that is subject to Dispatch Instructions and that is no longer a “commissioning generation facility” as defined in the IESO Market Rules. Where the status designations “commissioning generation facility” or “generation facility” are no longer applicable pursuant to the then current IESO Market Rules, the substantially similar designation then applicable will applydefinition of "Existing Renewable Facility") at such time. (b) The AESO or its Related Parties shall be entitled, at the AESO's option, to attend any performance and generation test(s) for purposes of Section 2.6(a)(iii)(C) and the Generator agrees to shall provide to the Counterparty, forthwith after receipt thereof, AESO a copy reasonable period in advance thereof confirmation in writing of the declaration from the System Operator referred to in Section 2.9(a)(ii)(B) above (or other certificate or confirmation from the System Operator confirming timing of such declarationtest(s). Notwithstanding Section 2.9(a)(ii), provided that the condition in Section 2.9(a)(i) has been satisfied, the date on which a Refurbished Unit is deemed to achieve “Commercial Operation” shall be the date which is the later of: (i) the date on which the condition in Section 2.9(a)(i) was satisfied; and (ii) the date which the System Operator specifies as the date that the conditions in Section 2.9(a)(ii)(A) and Section 2.9(a)(ii)(B) were satisfied, even if the date of the declaration from the System Operator (or other certificate or confirmation from the System Operator confirming the declaration contemplated by Section 2.9(a)(ii)(B)) is dated or delivered on a later date. (c) The AESO shall notify the Generator in writing within twenty (20) Business Days following receipt of all of the documentation required by Section 2.6(a) as to whether such documentation is acceptable to the AESO, acting reasonably. If the Commercial Operation Date of a Refurbished Unit has AESO determines that such documentation is not occurred because of a delay in acceptable, the delivery of the declaration of the System Operator contemplated by Section 2.9(a)(ii)(B) and AESO shall provide to the Generator has paid liquidated damages under Section 2.10 as a result, such liquidated damages shall be reimbursed to the Generator, together with interest at the Interest Rate calculated daily and compounded monthly, to the extent paid reasonable particulars in respect of any period deficiencies in the achievement of time after the date that the applicable Refurbished Unit has been deemed to achieve Commercial Operation, in which case the Generator's obligations set forth in Sections 2.5(a), and the provisions of this Section 2.6, shall continue to apply mutatis mutandis.

Requirements for Commercial Operation. ‌ (a) A Refurbished Unit The Facility will achieve be deemed to have achieved “Commercial Operation” pursuant to this Agreement at the point in time when when, as subsequently confirmed by the following conditions have been satisfiedBuyer in a written notice to the Supplier as described in Section 2.5(b), the Buyer has received: (i) The Counterparty has received a certificate addressed to it directly from a senior officer of the Generator with responsibility for such matters Independent Engineer, an IE Certificate, in the form set out in Exhibit N, stating that:: Draft (A) the Generator Facility has received been completed in all material respects, excepting punch list items that do not materially and adversely affect the CNSC’s approval ability of the Facility to release such Refurbished Unit’s reactor shutdown guarantee(s)operate in accordance with this Agreement; (B) such senior officer the Connection Point of the Generator has approved raising such Refurbished Unit’s reactor power above 75% of rated capacity and has declared such Refurbished Unit “Facility is at the location specified in service”Exhibit A; (C) the Duration Capability of the Facility is at least equal to the duration specified in Exhibit A; (D) the Facility has been constructed, connected, commissioned and synchronized to the IESO-Controlled Grid, such Refurbished Unit that 100% of [the Contract Capacity and, if applicable, the Storage Capacity], for the Facility is available to [generate, Withdraw, store and Deliver Electricity (as applicable)] in accordance with the requirements of all applicable Laws and Regulations; (E) the Facility has operated at passed a net Electricity output greater than 600 MW for 48 consecutive hoursPerformance Test; and (F) the Facility or the Supplier (as applicable) has all permits and approvals issued by Governmental Authorities which are required to construct, operate and maintain the Facility in accordance with Laws and Regulations, including the Registration Approval Notification (RAN) issued by the System Operator. (ii) a Supplier’s Certificate, in the form set out in Exhibit O, together with such documentation required to be provided under such form to the Buyer; (iii) an updated Metering Plan that has been approved by the Buyer pursuant to Section 2.7; (iv) an updated Company Representative contact information form in accordance with Exhibit D) there are no conditions in respect of such Refurbished Unit that are reasonably expected to require an Outage in respect of such Refurbished Unit within the next thirty (30) consecutive days; and (iiv) Such Refurbished Unit has: (A) successfully completed a single line electrical drawing that identifies the commissioning tests for such Unit as as-built Connection Point sealed by a “commissioning generation facility” professional engineer licensed in accordance with Ontario, clearly showing area transmission and distribution facilities, including the IESO Market Rules and such tests have been approved by the System Operator, whether with or without conditions; and (B) been declared by the System Operator to be a registered “generation facility” transformer station that is subject to Dispatch Instructions and that is no longer a “commissioning generation facility” as defined in the IESO Market Rules. Where the status designations “commissioning generation facility” or “generation facility” are no longer applicable pursuant electrically closest to the then current IESO Market Rules, the substantially similar designation then applicable will apply.Facility. Draft (b) The Generator agrees Buyer shall notify the Supplier in writing within ten (10) Business Days following receipt of the IE Certificate and the Supplier’s Certificate re: Commercial Operation as to whether the IE Certificate, Supplier’s Certificate, and the documentation provided by the Supplier under the Supplier’s Certificate are acceptable to the Buyer, acting reasonably. If the Buyer determines that the IE Certificate, Supplier’s Certificate, or such documentation provided by the Supplier under the Supplier’s Certificate are not acceptable to the Buyer, acting reasonably, the Buyer shall at the time of such notification provide to the Counterparty, forthwith after receipt thereof, a copy of the declaration from the System Operator referred to in Section 2.9(a)(ii)(B) above (or other certificate or confirmation from the System Operator confirming such declaration). Notwithstanding Section 2.9(a)(ii), provided that the condition in Section 2.9(a)(i) has been satisfied, the date on which a Refurbished Unit is deemed to achieve “Commercial Operation” shall be the date which is the later of: (i) the date on which the condition in Section 2.9(a)(i) was satisfied; and (ii) the date which the System Operator specifies as the date that the conditions in Section 2.9(a)(ii)(A) and Section 2.9(a)(ii)(B) were satisfied, even if the date of the declaration from the System Operator (or other certificate or confirmation from the System Operator confirming the declaration contemplated by Section 2.9(a)(ii)(B)) is dated or delivered on a later date. (c) If the Commercial Operation Date of a Refurbished Unit has not occurred because of a delay in the delivery of the declaration of the System Operator contemplated by Section 2.9(a)(ii)(B) and the Generator has paid liquidated damages under Section 2.10 as a result, such liquidated damages shall be reimbursed to the Generator, together with interest at the Interest Rate calculated daily and compounded monthly, to the extent paid Supplier reasonable particulars in respect of any period of time after the date that deficiencies in the applicable Refurbished Unit has been deemed to achieve Commercial Operation.IE Certificate, Supplier’s Certificate, or such other documentation.‌

Requirements for Commercial Operation. (a) A Refurbished Unit will achieve “Commercial Operation” at the point in time when the following conditions have been satisfied: (ia) The Counterparty has received a certificate addressed to it from a senior officer of the Generator with responsibility for such matters Vice President, Operations, Xxxxx A stating that: (Ai) the Generator BALP has received the CNSC’s approval to release such Refurbished Unit’s reactor shutdown guarantee(s); (Bii) such senior officer of the Generator Vice President, Operations, Xxxxx A has approved raising such Refurbished Unit’s reactor power above 75% of rated capacity and has declared such Refurbished Unit “in service”; (Ciii) such Refurbished Unit has operated at a net Electricity output greater than 600 MW for 48 consecutive hours; and (Div) there are no conditions in respect of such Refurbished Unit that are reasonably expected to require an Outage in respect of such Refurbished Unit within the next thirty (30) consecutive days; and (iib) Such Refurbished Unit has: (Ai) successfully completed the commissioning tests commission test plans for such Unit as a “commissioning generation facility” in accordance with Chapter 7, section 2.2A.5 of the IESO Market Rules and such tests have been approved by the System OperatorRules, whether with or without conditions; and (Bii) been declared by the System Operator IESO (x) to be a registered “generation facilitydispatchable generator” that is subject or (y) to Dispatch Instructions and that is no longer be a “commissioning generation facility” as defined in the IESO Market Rules. Where the status designations “commissioning generation facility” or “generation facility” are no longer applicable pursuant to the then current IESO Market Rules, the substantially similar designation then applicable will apply. (b) The Generator BALP agrees to provide to the Counterparty, forthwith after receipt thereof, a copy of the declaration from the System Operator IESO referred to in Section 2.9(a)(ii)(B2.3(b)(ii) above (or other certificate or confirmation letter from the System Operator IESO confirming such declaration). Notwithstanding Section 2.9(a)(ii2.3(b), provided that the condition in Section 2.9(a)(i2.3(a) has been satisfied, the date on which a Refurbished Unit is deemed to achieve “Commercial Operation” shall be the date which is the later of: (i) the date on which the condition in Section 2.9(a)(i) was satisfied; and (ii) the date which the System Operator specifies as the date that the conditions in Section 2.9(a)(ii)(A) and Section 2.9(a)(ii)(B) were satisfied, even if the date of the declaration from the System Operator (or other certificate or confirmation from the System Operator confirming the declaration contemplated by Section 2.9(a)(ii)(B)) is dated or delivered on a later date. (c) If the Commercial Operation Date of a Refurbished Unit has not occurred because of a delay in the delivery of the declaration of the System Operator contemplated by Section 2.9(a)(ii)(B) and the Generator has paid liquidated damages under Section 2.10 as a result, such liquidated damages shall be reimbursed to the Generator, together with interest at the Interest Rate calculated daily and compounded monthly, to the extent paid in respect of any period of time after the date that the applicable Refurbished Unit has been deemed to achieve Commercial Operation.

Requirements for Commercial Operation. ‌ (a) A Refurbished Unit The Facility will achieve be deemed to have achieved “Commercial Operation” pursuant to this Agreement at the point in time when when, as subsequently confirmed by the following conditions have been satisfiedBuyer in a written notice to the Supplier as described in Section 2.5(b), the Buyer has received: (i) The Counterparty has received a certificate addressed to it directly from a senior officer of an Independent Engineer, an IE Certificate, in the Generator with responsibility for such matters form set out in Exhibit N, stating that:that:‌ (A) the Generator Facility has received been completed in all material respects, excepting punch list items that do not materially and adversely affect the CNSC’s approval ability of the Facility to release such Refurbished Unit’s reactor shutdown guarantee(s)operate in accordance with this Agreement; (B) such senior officer the Connection Point of the Generator has approved raising such Refurbished Unit’s reactor power above 75% of rated capacity and has declared such Refurbished Unit “Facility is at the location specified in service”Exhibit A; (C) the Facility is able, under normal operating conditions, to Deliver a sustained amount of Electricity for a period at least equal to the Duration Capability; (D) the Facility has been constructed, connected, commissioned and synchronized to the IESO-Controlled Grid or a Distribution System, such Refurbished Unit that 100% of the Contract Capacity (based on the Season during which Commercial Operation occurs) and, if applicable, the Storage Capacity, is available to generate, Withdraw, store and Deliver Electricity (as applicable) in accordance with the requirements of all applicable Laws and Regulations; (E) if the Facility is an Eligible Expansion, the Eligible Expansion has operated at not resulted in a net Electricity output greater than 600 MW for 48 consecutive hoursreduction in the Existing Facility Capacity; (F) the Facility has passed a Performance Test; and Draft (G) the Facility or the Supplier (as applicable) has all permits and approvals issued by Governmental Authorities which are required to construct, operate and maintain the Facility in accordance with Laws and Regulations, including the final Registration Approval Notification (RAN) issued by the System Operator. (ii) a Supplier’s Certificate, together with such documentation required to be provided under such form to the Buyer; (iii) an updated Metering Plan that has been approved by the Buyer pursuant to Section 2.7; (iv) an updated Company Representative contact information form in accordance with Exhibit D; and (Dv) there are no conditions a single line electrical drawing that identifies the as-built Connection Point sealed by a professional engineer licensed in respect of such Refurbished Unit that are reasonably expected to require an Outage in respect of such Refurbished Unit within Ontario, clearly showing area transmission and distribution facilities, including the next thirty (30) consecutive days; and (ii) Such Refurbished Unit has: (A) successfully completed the commissioning tests for such Unit as a “commissioning generation facility” in accordance with the IESO Market Rules and such tests have been approved by the System Operator, whether with or without conditions; and (B) been declared by the System Operator to be a registered “generation facility” transformer station that is subject to Dispatch Instructions and that is no longer a “commissioning generation facility” as defined in the IESO Market Rules. Where the status designations “commissioning generation facility” or “generation facility” are no longer applicable pursuant electrically closest to the then current IESO Market Rules, the substantially similar designation then applicable will applyFacility. (b) The Generator agrees Buyer shall notify the Supplier in writing within ten (10) Business Days following receipt of the IE Certificate and the Supplier’s Certificate as to whether the IE Certificate, Supplier’s Certificate, and the documentation provided by the Supplier under the Supplier’s Certificate are acceptable to the Buyer, acting reasonably. If the Buyer determines that the IE Certificate, Supplier’s Certificate, or such documentation provided by the Supplier under the Supplier’s Certificate are not acceptable to the Buyer, acting reasonably, the Buyer shall at the time of such notification provide to the Counterparty, forthwith after receipt thereof, a copy of the declaration from the System Operator referred to in Section 2.9(a)(ii)(B) above (or other certificate or confirmation from the System Operator confirming such declaration). Notwithstanding Section 2.9(a)(ii), provided that the condition in Section 2.9(a)(i) has been satisfied, the date on which a Refurbished Unit is deemed to achieve “Commercial Operation” shall be the date which is the later of: (i) the date on which the condition in Section 2.9(a)(i) was satisfied; and (ii) the date which the System Operator specifies as the date that the conditions in Section 2.9(a)(ii)(A) and Section 2.9(a)(ii)(B) were satisfied, even if the date of the declaration from the System Operator (or other certificate or confirmation from the System Operator confirming the declaration contemplated by Section 2.9(a)(ii)(B)) is dated or delivered on a later date. (c) If the Commercial Operation Date of a Refurbished Unit has not occurred because of a delay in the delivery of the declaration of the System Operator contemplated by Section 2.9(a)(ii)(B) and the Generator has paid liquidated damages under Section 2.10 as a result, such liquidated damages shall be reimbursed to the Generator, together with interest at the Interest Rate calculated daily and compounded monthly, to the extent paid Supplier reasonable particulars in respect of any period of time after the date that deficiencies in the applicable Refurbished Unit has been deemed to achieve Commercial Operation.IE Certificate, Supplier’s Certificate, or such other documentation.‌

Requirements for Commercial Operation. (a) A Refurbished Unit The Facility will achieve be deemed to have achieved “Commercial Operation” pursuant to this Agreement at the point in time when when, as subsequently confirmed by the following conditions have been satisfiedSponsor in a written notice to the Supplier as described in Section 2.4(b), the Sponsor has received: (i) The Counterparty has received a certificate addressed to it directly from a senior officer of the Generator with responsibility for such matters Independent Engineer, an IE Certificate, in the form set out in Exhibit H, stating that: (A) the Generator Facility has received been completed in all material respects, excepting punch list items that do not materially and adversely affect the CNSC’s approval ability of the Facility to release such Refurbished Unit’s reactor shutdown guarantee(s)operate in accordance with this Agreement; (B) such senior officer the Connection Point of the Generator has approved raising such Refurbished Unit’s reactor power above 75% of rated capacity and has declared such Refurbished Unit “Facility is at the location specified in service”Exhibit A; (C) the Facility has been constructed, connected, commissioned and synchronized to the Distribution System or the IESO-Controlled Grid, such Refurbished Unit has operated that at a net least 100% of the Contract Capacity and the Storage Capacity for the Facility is available to Withdraw, store and Deliver Electricity output greater than 600 MW for 48 consecutive hoursin accordance with the requirements of all applicable Laws and Regulations; and (D) there are no conditions the Facility has completed a Capacity Check Test with a demonstrated CCT Capacity equal to the Contract Capacity; (ii) a Supplier’s Certificate, in respect of the form set out in Exhibit I, together with such Refurbished Unit documentation required to be provided under such form to the Sponsor; (iii) an updated Metering Plan in the Prescribed Form; (iv) a single line electrical drawing that are reasonably expected identifies the as-built Connection Point, clearly showing area transmission and distribution facilities, including the transformer station that is electrically closest to require an Outage in respect of such Refurbished Unit within the next thirty (30) consecutive daysFacility; and (iiv) Such Refurbished Unit has: (A) successfully completed copies of all permits and approvals issued by Governmental Authorities which are required to construct, operate and maintain the commissioning tests for such Unit as a “commissioning generation facility” Facility in accordance with Laws and Regulations. The Sponsor or its Representative shall be entitled, at the IESO Market Rules Sponsor’s option, to attend the Capacity Check Test performed pursuant to Section 2.4(a)(i)(D), and the Supplier shall provide to the Sponsor confirmation in writing of the timing of such tests have been approved by the System Operator, whether with or without conditions; and at least ten (B10) been declared by the System Operator to be a registered “generation facility” that is subject to Dispatch Instructions and that is no longer a “commissioning generation facility” as defined Business Days in the IESO Market Rules. Where the status designations “commissioning generation facility” or “generation facility” are no longer applicable pursuant to the then current IESO Market Rules, the substantially similar designation then applicable will applyadvance. (b) The Generator agrees Sponsor shall notify the Supplier in writing within twenty (20) Business Days following receipt of the IE Certificate and the Supplier’s Certificate re: Commercial Operation as to whether the IE Certificate, Supplier’s Certificate, and the documentation provided by the Supplier under the Supplier’s Certificate are acceptable to the Sponsor, acting reasonably. If the Sponsor determines that the IE Certificate, Supplier’s Certificate, or such documentation provided by the Supplier under the Supplier’s Certificate are not acceptable to the Sponsor, the Sponsor shall at the time of such notification provide to the Counterparty, forthwith after receipt thereof, a copy of the declaration from the System Operator referred to in Section 2.9(a)(ii)(B) above (or other certificate or confirmation from the System Operator confirming such declaration). Notwithstanding Section 2.9(a)(ii), provided that the condition in Section 2.9(a)(i) has been satisfied, the date on which a Refurbished Unit is deemed to achieve “Commercial Operation” shall be the date which is the later of: (i) the date on which the condition in Section 2.9(a)(i) was satisfied; and (ii) the date which the System Operator specifies as the date that the conditions in Section 2.9(a)(ii)(A) and Section 2.9(a)(ii)(B) were satisfied, even if the date of the declaration from the System Operator (or other certificate or confirmation from the System Operator confirming the declaration contemplated by Section 2.9(a)(ii)(B)) is dated or delivered on a later date. (c) If the Commercial Operation Date of a Refurbished Unit has not occurred because of a delay in the delivery of the declaration of the System Operator contemplated by Section 2.9(a)(ii)(B) and the Generator has paid liquidated damages under Section 2.10 as a result, such liquidated damages shall be reimbursed to the Generator, together with interest at the Interest Rate calculated daily and compounded monthly, to the extent paid Supplier reasonable particulars in respect of any period of time after the date that deficiencies in the applicable Refurbished Unit has been deemed to achieve Commercial OperationIE Certificate, Supplier’s Certificate, or such documentation.

Requirements for Commercial Operation. ‌ (a) A Refurbished Unit will achieve “Commercial Operation” at the point in time when the following conditions have been satisfied: (i) The Counterparty has received a certificate addressed to it from a senior officer of the Generator with responsibility for such matters stating that: (A) the Generator has received the CNSC’s approval to release such Refurbished Unit’s reactor shutdown guarantee(s); (B) such senior officer of the Generator has approved raising such Refurbished Unit’s reactor power above 75% of rated capacity and has declared such Refurbished Unit “in service”; (C) such Refurbished Unit has operated at a net Electricity output greater than 600 MW for 48 consecutive hours; and (D) there are no conditions in respect of such Refurbished Unit that are reasonably expected to require an Outage in respect of such Refurbished Unit within the next thirty (30) consecutive days; and (ii) Such Refurbished Unit has: (A) successfully completed the commissioning tests for such Unit as a “commissioning generation facility” in accordance with the IESO Market Rules and such tests have been approved by the System Operator, whether with or without conditions; and (B) been declared by the System Operator to be a registered “generation facility” that is subject to Dispatch Instructions and that is no longer a “commissioning generation facility” as defined in the IESO Market Rules. Where the status designations “commissioning generation facility” or “generation facility” are no longer applicable pursuant to the then current IESO Market Rules, the substantially similar designation then applicable will apply. (b) The Generator agrees to provide to the Counterparty, forthwith after receipt thereof, a copy of the declaration from the System Operator referred to in Section 2.9(a)(ii)(B) above (or other certificate or confirmation from the System Operator confirming such declaration). Notwithstanding Section 2.9(a)(ii), provided that the condition in Section 2.9(a)(i) has been satisfied, the date on which a Refurbished Unit is deemed to achieve “Commercial Operation” shall be the date which is the later of: (i) the date on which the condition in Section 2.9(a)(i) was satisfied; and (ii) the date which the System Operator specifies as the date that the conditions in Section 2.9(a)(ii)(A) and Section 2.9(a)(ii)(B) were satisfied, even if the date of the declaration from the System Operator (or other certificate or confirmation from the System Operator confirming the declaration contemplated by Section 2.9(a)(ii)(B)) is dated or delivered on a later date. (c) If the Commercial Operation Date of a Refurbished Unit has not occurred because of a delay in the delivery of the declaration of the System Operator contemplated by Section 2.9(a)(ii)(B) and the Generator has paid liquidated damages under Section 2.10 as a result, such liquidated damages shall be reimbursed to the Generator, together with interest at the Interest Rate calculated daily and compounded monthly, to the extent paid in respect of any period of time after the date that the applicable Refurbished Unit has been deemed to achieve Commercial Operation.

Requirements for Commercial Operation. (a) A Refurbished Unit The DR Project will achieve be deemed to have achieved “Commercial Operation” at the point in time when the following conditions have been satisfiedwhen: (ia) The Counterparty the Measurement and Verification Plan submitted by the Supplier in accordance with Section 4.1 has been approved by the Buyer; (b) the Supplier agreed to abide by the DR Protocols specified by the IMO and has demonstrated its readiness to do so, which has been confirmed by the IMO; (c) the Buyer has received a certificate addressed to it from a senior officer the DR Verification Consultant, procured at the expense of the Generator with responsibility for such matters Supplier, stating that: (A) the Generator has received the CNSC’s approval to release such Refurbished Unit’s reactor shutdown guarantee(s); (B) such senior officer of the Generator has approved raising such Refurbished Unit’s reactor power above 75% of rated capacity and has declared such Refurbished Unit “in service”; (C) such Refurbished Unit has operated at a net Electricity output greater than 600 MW for 48 consecutive hours; and (D) there are no conditions in respect of such Refurbished Unit that are reasonably expected to require an Outage in respect of such Refurbished Unit within the next thirty (30) consecutive days; and (ii) Such Refurbished Unit has: (A) successfully completed the commissioning tests for such Unit as a “commissioning generation facility” in accordance with the IESO Market Rules and such tests have been approved by the System Operator, whether with or without conditions; and (B) been declared by the System Operator to be a registered “generation facility” that is subject to Dispatch Instructions and that is no longer a “commissioning generation facility” as defined in the IESO Market Rules. Where the status designations “commissioning generation facility” or “generation facility” are no longer applicable pursuant to the then current IESO Market Rules, the substantially similar designation then applicable will apply. (b) The Generator agrees to provide to the Counterparty, forthwith after receipt thereof, a copy of the declaration from the System Operator referred to in Section 2.9(a)(ii)(B) above (or other certificate or confirmation from the System Operator confirming such declaration). Notwithstanding Section 2.9(a)(ii), provided that the condition in Section 2.9(a)(i) has been satisfied, the date on which a Refurbished Unit is deemed to achieve “Commercial Operation” shall be the date which is the later of: (i) the date DR Project has been completed in all material respects excepting punch list items that do not materially and adversely affect the ability of the DR Project to operate in accordance with this Agreement. In the alternative, the statement set out in this Section 2.4(c)(i) may be provided to the Buyer from an independent professional engineer duly qualified to practice engineering in Ontario; (ii) on which two (2) separate occasions, in response to Operational Directives, the condition DR Project has curtailed the Electricity demand of the Load as a direct result of the operation of the Control Equipment at 100% of the Contracted Demand Reduction in Section 2.9(a)(icompliance with all Laws and Regulations for six (6) was satisfiedcontinuous hours on each occasion. The hours of curtailment on these two separate occasions must be such that when these two separate occasions are taken together the Supplier has curtailed the Electricity demand of the Load during all Callable Hours. This requirement shall be evaluated based on the meter data as measured by the DR Project’s meters, and shall be satisfied if the energy reduction in each of the six (6) hours (in MWh), divided by one hour, is equal to or greater than the Contracted Demand Reduction. The Supplier acknowledges and agrees that the Contracted Demand Reduction and meter data, as may be measured by the foregoing test, shall not be adjusted for ambient, weather, or other conditions whatsoever; (iii) if the Proposal provides that the Connection Point, or Connection Points with respect to multiple Loads being aggregated, are within a Priority Electrical Zone, such Connection Point(s) are located within a Priority Electrical Zone; and (iiiv) if the date which the System Operator specifies as the date Proposal provides that the conditions in Section 2.9(a)(ii)(ADR Project will provide Automatic System Voltage Support, the DR Project has provided Automatic System Voltage Support for six (6) and Section 2.9(a)(ii)(Bcontinuous hours on each of two (2) were satisfied, even if the date of the declaration from the System Operator (or other certificate or confirmation from the System Operator confirming the declaration contemplated by Section 2.9(a)(ii)(B)) is dated or delivered on a later dateseparate occasions. (c) If the Commercial Operation Date of a Refurbished Unit has not occurred because of a delay in the delivery of the declaration of the System Operator contemplated by Section 2.9(a)(ii)(B) and the Generator has paid liquidated damages under Section 2.10 as a result, such liquidated damages shall be reimbursed to the Generator, together with interest at the Interest Rate calculated daily and compounded monthly, to the extent paid in respect of any period of time after the date that the applicable Refurbished Unit has been deemed to achieve Commercial Operation.

Requirements for Commercial Operation. (a) A Refurbished Unit The Generator will achieve “be deemed to have achieved commercial operation in respect of the Facility ("Commercial Operation” ") at the point in time when when, as subsequently confirmed by the following conditions have been satisfiedAESO in a written notice to the Generator as described in Section 2.6(c) and subject to the provisos set forth below: (i) The Counterparty the Generator has received a "Non-Zero Dollar Offer Letter" from the AESO, which letter is issued by the AESO to a generator after the relevant facility's "energization checklist" is completed and such generator notifies the AESO that it has completed its commissioning of the Facility, with the exception of model variation testing; (which letter allows the Generator to commence Commercial Operation with the conditions that it will submit the required model variation testing and remedy any outstanding deficiencies by specified dates); (ii) the AESO has received from the Generator copies of all Governmental Approvals issued by the applicable Governmental Authorities which are required to construct, operate and maintain the Facility; (iii) the AESO has received an IE Certificate in the Prescribed Form directly from the Independent Engineer, which confirms that: (A) the Facility and the Connection Facilities have been completed in all material respects, excepting punch list items that do not materially and adversely affect the ability of the Facility to operate in accordance with this Agreement, Good Electric Industry Practice, and all Applicable Laws; (B) the installed, nameplate capacity of the Facility is equal to the Contract Capacity; and (C) the Facility has been constructed, connected, commissioned and synchronized to the AIES or a Distribution Facility, as applicable, such that the Available Capability is not less than ninety percent (90%) of the Contract Capacity; and (iv) the AESO has received a certificate addressed to it from a senior officer the Generator in the Prescribed Form with respect to the Commercial Operation of the Generator Facility, together with responsibility for such matters stating supporting documentation required to be provided to the AESO, as referenced in such form. provided that Commercial Operation shall not in any event occur prior to the Earliest Support Payment Date; and provided further that: (A) , in the case of any Facility which is an Expansion, the Generator has received shall only be deemed to have achieved Commercial Operation at such point in time if the CNSC’s approval to release such Refurbished Unit’s reactor shutdown guarantee(s); Existing Renewable Facility is still commercially operational (B) such senior officer of the Generator has approved raising such Refurbished Unit’s reactor power above 75% of rated capacity and has declared such Refurbished Unit “in service”; (C) such Refurbished Unit has operated at a net Electricity output greater than 600 MW for 48 consecutive hours; and (D) there are no conditions in respect of such Refurbished Unit that are reasonably expected to require an Outage in respect of such Refurbished Unit within the next thirty (30) consecutive days; and (ii) Such Refurbished Unit has: (A) successfully completed the commissioning tests for such Unit as a “commissioning generation facility” in accordance with the IESO Market Rules and such tests have been approved by the System Operator, whether with or without conditions; and (B) been declared by the System Operator to be a registered “generation facility” that is subject to Dispatch Instructions and that is no longer a “commissioning generation facility” as defined in the IESO Market Rules. Where the status designations “commissioning generation facility” or “generation facility” are no longer applicable pursuant to the then current IESO Market Rules, the substantially similar designation then applicable will applydefinition of "Existing Renewable Facility") at such time. (b) The AESO or its Related Parties shall be entitled, at the AESO's option, to attend any performance and generation test(s) for purposes of Section 2.6(a)(iii)(C) and the Generator agrees to shall provide to the Counterparty, forthwith after receipt thereof, AESO a copy reasonable period in advance thereof confirmation in writing of the declaration from the System Operator referred to in Section 2.9(a)(ii)(B) above (or other certificate or confirmation from the System Operator confirming timing of such declarationtest(s). Notwithstanding Section 2.9(a)(ii), provided that the condition in Section 2.9(a)(i) has been satisfied, the date on which a Refurbished Unit is deemed to achieve “Commercial Operation” shall be the date which is the later of: (i) the date on which the condition in Section 2.9(a)(i) was satisfied; and (ii) the date which the System Operator specifies as the date that the conditions in Section 2.9(a)(ii)(A) and Section 2.9(a)(ii)(B) were satisfied, even if the date of the declaration from the System Operator (or other certificate or confirmation from the System Operator confirming the declaration contemplated by Section 2.9(a)(ii)(B)) is dated or delivered on a later date. (c) The AESO shall notify the Generator in writing within twenty (20) Business Days following receipt of all of the documentation required by Section 2.6(a) as to whether such documentation is acceptable to the AESO, acting reasonably. If the Commercial Operation Date of a Refurbished Unit has AESO determines that such documentation is not occurred because of a delay in acceptable, the delivery of the declaration of the System Operator contemplated by Section 2.9(a)(ii)(B) and AESO shall provide to the Generator has paid liquidated damages under Section 2.10 as a result, such liquidated damages shall be reimbursed to the Generator, together with interest at the Interest Rate calculated daily and compounded monthly, to the extent paid reasonable particulars in respect of any period deficiencies in the achievement of time after the date that the applicable Refurbished Unit has been deemed to achieve Commercial Operation, in which case the Generator's obligations set forth in Sections 2.5(a), and the provisions of this Section 2.6, shall continue to apply mutatis mutandis.

Requirements for Commercial Operation. (a) A Refurbished Unit The Facility will achieve be deemed to have achieved “Commercial Operation” pursuant to this Agreement at the point in time when when, as subsequently confirmed by the following conditions have been satisfiedBuyer in a written notice to the Supplier as described in Section 2.5(b), the Buyer has received: (i) The Counterparty has received a certificate addressed to it directly from a senior officer of thean Independent Engineer, an IE Certificate, in the Generator with responsibility for such matters form set out in Exhibit N, stating that:that:‌‌ (A) the Generator Facility has received been completed in all material respects, excepting punch list items that do not materially and adversely affect the CNSC’s approval ability of the Facility to release such Refurbished Unit’s reactor shutdown guarantee(s);operate in accordance with this Agreement;‌ (B) such senior officer the Connection Point of the Generator has approved raising such Refurbished Unit’s reactor power above 75% of rated capacity and has declared such Refurbished Unit “Facility is at the location specified in service”;Exhibit A;‌ Draft (C) such Refurbished Unit has operated the Duration Capability of the Facility is able, under normal operating conditions, to Deliver a sustained amount of Electricity for a period at a net Electricity output greater than 600 MW for 48 consecutive hours; andleast equal to the duration specified in Exhibit ADuration Capability;‌‌‌‌‌‌‌ (D) there are no conditions in respect the Facility has been constructed, connected, commissioned and synchronized to the IESO-Controlled Grid or a Distribution System, such that 100% of such Refurbished Unit that are reasonably expected [the Contract Capacity and, if applicable, the Storage Capacity], for the Facility is available to require an Outage in respect of such Refurbished Unit within the next thirty [generate, Withdraw, store and Deliver Electricity (30) consecutive days; and (ii) Such Refurbished Unit has: (A) successfully completed the commissioning tests for such Unit as a “commissioning generation facility” applicable)] in accordance with the IESO Market Rules requirements of all applicable Laws and such tests have been approved Regulations;‌‌‌‌‌‌ (E) if the Facility is an Eligible Expansion, the Eligible Expansion has not resulted in a reduction in the Existing Facility Capacity;‌ (F) (E) the Facility has passed a Performance Test; and‌‌ (G) (F) the Facility or the Supplier (as applicable) has all permits and approvals issued by Governmental Authorities which are required to construct, operate and maintain the Facility in accordance with Laws and Regulations, including the final Registration Approval Notification (RAN) issued by the System Operator, whether with or without conditions; and (B) been declared by the System Operator to be a registered “generation facility” that is subject to Dispatch Instructions and that is no longer a “commissioning generation facility” as defined in the IESO Market Rules. Where the status designations “commissioning generation facility” or “generation facility” are no longer applicable pursuant to the then current IESO Market Rules, the substantially similar designation then applicable will apply. (b) The Generator agrees to provide to the Counterparty, forthwith after receipt thereof, a copy of the declaration from the System Operator referred to in Section 2.9(a)(ii)(B) above (or other certificate or confirmation from the System Operator confirming such declaration). Notwithstanding Section 2.9(a)(ii), provided that the condition in Section 2.9(a)(i) has been satisfied, the date on which a Refurbished Unit is deemed to achieve “Commercial Operation” shall be the date which is the later of: (i) the date on which the condition in Section 2.9(a)(i) was satisfied; and (ii) the date which the System Operator specifies as the date that the conditions in Section 2.9(a)(ii)(A) and Section 2.9(a)(ii)(B) were satisfied, even if the date of the declaration from the System Operator (or other certificate or confirmation from the System Operator confirming the declaration contemplated by Section 2.9(a)(ii)(B)) is dated or delivered on a later date. (c) If the Commercial Operation Date of a Refurbished Unit has not occurred because of a delay in the delivery of the declaration of the System Operator contemplated by Section 2.9(a)(ii)(B) and the Generator has paid liquidated damages under Section 2.10 as a result, such liquidated damages shall be reimbursed to the Generator, together with interest at the Interest Rate calculated daily and compounded monthly, to the extent paid in respect of any period of time after the date that the applicable Refurbished Unit has been deemed to achieve Commercial Operation.Operator.‌‌‌

Requirements for Commercial Operation. (a) A Refurbished Unit The Facility will achieve be deemed to have achieved “Commercial Operation” pursuant to this Agreement at the point in time when when, as subsequently confirmed by the following conditions have been satisfied:Buyer in a written notice to the Supplier as described in Section 2.5(b), the Buyer has received:‌ (i) The Counterparty has received a certificate addressed to it directly from a senior officer of an Independent Engineer, an IE Certificate, in the Generator with responsibility for such matters form set out in Exhibit N, stating that:that:‌ (A) the Generator Facility has received been completed in all material respects, excepting punch list items that do not materially and adversely affect the CNSC’s approval ability of the Facility to release such Refurbished Unit’s reactor shutdown guarantee(s);operate in accordance with this Agreement;‌‌ (B) such senior officer the Connection Point of the Generator has approved raising such Refurbished Unit’s reactor power above 75% of rated capacity and has declared such Refurbished Unit “Facility is at the location specified in service”;Exhibit A;‌‌ (C) such Refurbished Unit has operated the Facility is able, under normal operating conditions, to Deliver a sustained amount of Electricity for a period at a net Electricity output greater than 600 MW for 48 consecutive hours; andleast equal to the Duration Capability;‌ (D) there are no conditions in respect the Facility has been constructed, connected, commissioned and synchronized to the IESO-Controlled Grid or a Distribution System, such that 100% of such Refurbished Unit that are reasonably expected the Contract Capacity (based on the Season during which Commercial Operation occurs) and, if applicable, the Storage Capacity, is available to require an Outage in respect of such Refurbished Unit within the next thirty generate, Withdraw, store and Deliver Electricity (30as applicable) consecutive days; and (ii) Such Refurbished Unit has: (A) successfully completed the commissioning tests for such Unit as a “commissioning generation facility” in accordance with the IESO Market Rules requirements of all applicable Laws and such tests have been approved Regulations;‌ (E) if the Facility is an Eligible Expansion, the Eligible Expansion has not resulted in a reduction in the Existing Facility Capacity;‌ (F) the Facility has passed a Performance Test; and‌ (G) the Facility or the Supplier (as applicable) has all permits and approvals issued by Governmental Authorities which are required to construct, operate and maintain the Facility in accordance with Laws and Regulations, including the final Registration Approval Notification (RAN) issued by the System Operator, whether with or without conditions; and (B) been declared by the System Operator to be a registered “generation facility” that is subject to Dispatch Instructions and that is no longer a “commissioning generation facility” as defined in the IESO Market Rules. Where the status designations “commissioning generation facility” or “generation facility” are no longer applicable pursuant to the then current IESO Market Rules, the substantially similar designation then applicable will apply. (b) The Generator agrees to provide to the Counterparty, forthwith after receipt thereof, a copy of the declaration from the System Operator referred to in Section 2.9(a)(ii)(B) above (or other certificate or confirmation from the System Operator confirming such declaration). Notwithstanding Section 2.9(a)(ii), provided that the condition in Section 2.9(a)(i) has been satisfied, the date on which a Refurbished Unit is deemed to achieve “Commercial Operation” shall be the date which is the later of: (i) the date on which the condition in Section 2.9(a)(i) was satisfied; and Operator.‌ (ii) the date which the System Operator specifies as the date that the conditions in Section 2.9(a)(ii)(A) and Section 2.9(a)(ii)(B) were satisfied, even if the date of the declaration from the System Operator (or other certificate or confirmation from the System Operator confirming the declaration contemplated by Section 2.9(a)(ii)(B)) is dated or delivered on a later date. (c) If the Commercial Operation Date of a Refurbished Unit has not occurred because of a delay in the delivery of the declaration of the System Operator contemplated by Section 2.9(a)(ii)(B) and the Generator has paid liquidated damages under Section 2.10 as a result, such liquidated damages shall be reimbursed to the GeneratorSupplier’s Certificate, together with interest at the Interest Rate calculated daily and compounded monthly, such documentation required to be provided under such form to the extent paid in respect of any period of time after the date that the applicable Refurbished Unit has been deemed to achieve Commercial Operation.Buyer;‌

Requirements for Commercial Operation. ‌ (a) A Refurbished Unit The Facility will achieve be deemed to have achieved “Commercial Operation” pursuant to this Agreement at the point in time when when, as subsequently confirmed by the following conditions have been satisfiedBuyer in a written notice to the Supplier as described in Section 2.5(b), the Buyer has received: (i) The Counterparty has received a certificate addressed to it directly from a senior officer of an Independent Engineer, an IE Certificate, in the Generator with responsibility for such matters form set out in Exhibit N, stating that:that:‌ (A) the Generator Facility has received been completed in all material respects, excepting punch list items that do not materially and adversely affect the CNSC’s approval ability of the Facility to release such Refurbished Unit’s reactor shutdown guarantee(s)operate in accordance with this Agreement; (B) such senior officer the Connection Point of the Generator has approved raising such Refurbished Unit’s reactor power above 75% of rated capacity and has declared such Refurbished Unit “Facility is at the location specified in service”Exhibit A; (C) the Facility is able, under normal operating conditions, to Deliver a sustained amount of Electricity for a period at least equal to the Duration Capability; Draft (D) the Facility has been constructed, connected, commissioned and synchronized to the IESO-Controlled Grid or a Distribution System, such Refurbished Unit that 100% of the Contract Capacity (based on the Season during which Commercial Operation occurs) and, if applicable, the Storage Capacity, is available to generate, Withdraw, store and Deliver Electricity (as applicable) in accordance with the requirements of all applicable Laws and Regulations; (E) if the Facility is an Eligible Expansion, the Eligible Expansion has operated at not resulted in a net Electricity output greater than 600 MW for 48 consecutive hoursreduction in the Existing Facility Capacity; (F) the Facility has passed a Performance Test; and (G) the Facility or the Supplier (as applicable) has all permits and approvals issued by Governmental Authorities which are required to construct, operate and maintain the Facility in accordance with Laws and Regulations, including the final Registration Approval Notification (RAN) issued by the System Operator. (ii) a Supplier’s Certificate, together with such documentation required to be provided under such form to the Buyer; (iii) an updated Metering Plan that has been approved by the Buyer pursuant to Section 2.7; (iv) an updated Company Representative contact information form in accordance with Exhibit D) there are no conditions in respect of such Refurbished Unit that are reasonably expected to require an Outage in respect of such Refurbished Unit within the next thirty (30) consecutive days; and (iiv) Such Refurbished Unit has: (A) successfully completed a single line electrical drawing that identifies the commissioning tests for such Unit as as-built Connection Point sealed by a “commissioning generation facility” professional engineer licensed in accordance with Ontario, clearly showing area transmission and distribution facilities, including the IESO Market Rules and such tests have been approved by the System Operator, whether with or without conditions; and (B) been declared by the System Operator to be a registered “generation facility” transformer station that is subject to Dispatch Instructions and that is no longer a “commissioning generation facility” as defined in the IESO Market Rules. Where the status designations “commissioning generation facility” or “generation facility” are no longer applicable pursuant electrically closest to the then current IESO Market Rules, the substantially similar designation then applicable will applyFacility. (b) The Generator agrees Buyer shall notify the Supplier in writing within ten (10) Business Days following receipt of the IE Certificate and the Supplier’s Certificate as to whether the IE Certificate, Supplier’s Certificate, and the documentation provided by the Supplier under the Supplier’s Certificate are acceptable to the Buyer, acting reasonably. If the Buyer determines that the IE Certificate, Supplier’s Certificate, or such documentation provided by the Supplier under the Supplier’s Certificate are not acceptable to the Buyer, acting reasonably, the Buyer shall at the time of such notification provide to the Counterparty, forthwith after receipt thereof, a copy of the declaration from the System Operator referred to in Section 2.9(a)(ii)(B) above (or other certificate or confirmation from the System Operator confirming such declaration). Notwithstanding Section 2.9(a)(ii), provided that the condition in Section 2.9(a)(i) has been satisfied, the date on which a Refurbished Unit is deemed to achieve “Commercial Operation” shall be the date which is the later of: (i) the date on which the condition in Section 2.9(a)(i) was satisfied; and (ii) the date which the System Operator specifies as the date that the conditions in Section 2.9(a)(ii)(A) and Section 2.9(a)(ii)(B) were satisfied, even if the date of the declaration from the System Operator (or other certificate or confirmation from the System Operator confirming the declaration contemplated by Section 2.9(a)(ii)(B)) is dated or delivered on a later date. (c) If the Commercial Operation Date of a Refurbished Unit has not occurred because of a delay in the delivery of the declaration of the System Operator contemplated by Section 2.9(a)(ii)(B) and the Generator has paid liquidated damages under Section 2.10 as a result, such liquidated damages shall be reimbursed to the Generator, together with interest at the Interest Rate calculated daily and compounded monthly, to the extent paid Supplier reasonable particulars in respect of any period of time after the date that deficiencies in the applicable Refurbished Unit has been deemed to achieve Commercial Operation.IE Certificate, Supplier’s Certificate, or such other documentation.‌

Requirements for Commercial Operation. ‌ (a) A Refurbished Unit The Generator will achieve “be deemed to have achieved commercial operation in respect of the Facility ("Commercial Operation” ") at the point in time when when, as subsequently confirmed by the following conditions have been satisfiedAESO in a written notice to the Generator as described in Section 2.6(c) and subject to the provisos set forth below: (i) The Counterparty the Generator has received a "Non-Zero Dollar Offer Letter" from the AESO, which letter is issued by the AESO to a generator after the relevant facility's "energization checklist" is completed and such generator notifies the AESO that it has completed its commissioning of the Facility, with the exception of model variation testing; (which letter allows the Generator to commence Commercial Operation with the conditions that it will submit the required model variation testing and remedy any outstanding deficiencies by specified dates); (ii) the AESO has received from the Generator copies of all Governmental Approvals issued by the applicable Governmental Authorities which are required to construct, operate and maintain the Facility; (iii) the AESO has received an IE Certificate in the Prescribed Form directly from the Independent Engineer, which confirms that: (A) the Facility and the Connection Facilities have been completed in all material respects, excepting punch list items that do not materially and adversely affect the ability of the Facility to operate in accordance with this Agreement, Good Electric Industry Practice, and all Applicable Laws; (B) the installed, nameplate capacity of the Facility is equal to the Contract Capacity; and (C) the Facility has been constructed, connected, commissioned and synchronized to the AIES or a Distribution Facility, as applicable, such that the Available Capacity is not less than ninety percent (90%) of the Contract Capacity; and (iv) the AESO has received a certificate addressed to it from a senior officer the Generator in the Prescribed Form with respect to the Commercial Operation of the Generator Facility, together with responsibility for such matters stating supporting documentation required to be provided to the AESO, as referenced in such form. provided that Commercial Operation shall not in any event occur prior to the Earliest Support Payment Date; and provided further that: (A) , in the case of any Facility which is an Expansion, the Generator has received shall only be deemed to have achieved Commercial Operation at such point in time if the CNSC’s approval to release such Refurbished Unit’s reactor shutdown guarantee(s); Existing Renewable Facility is still commercially operational (B) such senior officer of the Generator has approved raising such Refurbished Unit’s reactor power above 75% of rated capacity and has declared such Refurbished Unit “in service”; (C) such Refurbished Unit has operated at a net Electricity output greater than 600 MW for 48 consecutive hours; and (D) there are no conditions in respect of such Refurbished Unit that are reasonably expected to require an Outage in respect of such Refurbished Unit within the next thirty (30) consecutive days; and (ii) Such Refurbished Unit has: (A) successfully completed the commissioning tests for such Unit as a “commissioning generation facility” in accordance with the IESO Market Rules and such tests have been approved by the System Operator, whether with or without conditions; and (B) been declared by the System Operator to be a registered “generation facility” that is subject to Dispatch Instructions and that is no longer a “commissioning generation facility” as defined in the IESO Market Rules. Where the status designations “commissioning generation facility” or “generation facility” are no longer applicable pursuant to the then current IESO Market Rules, the substantially similar designation then applicable will applydefinition of "Existing Renewable Facility") at such time. (b) The AESO or its Related Parties shall be entitled, at the AESO's option, to attend any performance and generation test(s) for purposes of Section 2.6(a)(iii)(C) and the Generator agrees to shall provide to the Counterparty, forthwith after receipt thereof, AESO a copy reasonable period in advance thereof confirmation in writing of the declaration from the System Operator referred to in Section 2.9(a)(ii)(B) above (or other certificate or confirmation from the System Operator confirming timing of such declarationtest(s). Notwithstanding Section 2.9(a)(ii), provided that the condition in Section 2.9(a)(i) has been satisfied, the date on which a Refurbished Unit is deemed to achieve “Commercial Operation” shall be the date which is the later of: (i) the date on which the condition in Section 2.9(a)(i) was satisfied; and (ii) the date which the System Operator specifies as the date that the conditions in Section 2.9(a)(ii)(A) and Section 2.9(a)(ii)(B) were satisfied, even if the date of the declaration from the System Operator (or other certificate or confirmation from the System Operator confirming the declaration contemplated by Section 2.9(a)(ii)(B)) is dated or delivered on a later date. (c) The AESO shall notify the Generator in writing within twenty (20) Business Days following receipt of all of the documentation required by Section 2.6(a) as to whether such documentation is acceptable to the AESO, acting reasonably. If the Commercial Operation Date of a Refurbished Unit has AESO determines that such documentation is not occurred because of a delay in acceptable, the delivery of the declaration of the System Operator contemplated by Section 2.9(a)(ii)(B) and AESO shall provide to the Generator has paid liquidated damages under Section 2.10 as a result, such liquidated damages shall be reimbursed to the Generator, together with interest at the Interest Rate calculated daily and compounded monthly, to the extent paid reasonable particulars in respect of any period deficiencies in the achievement of time after the date that the applicable Refurbished Unit has been deemed to achieve Commercial Operation, in which case the Generator's obligations set forth in Sections 2.5(a), and the provisions of this Section 2.6, shall continue to apply mutatis mutandis.

Requirements for Commercial Operation. (a) A Refurbished Unit ‌ The Facility will achieve “be deemed to have achieved Commercial Operation” Operation at the point in time when the following conditions have been satisfiedwhen: (a) The Supplier (i) has completed its Interconnection Agreement with ISO-NE and FERC has accepted the Interconnection Agreement and (ii) has provided the Buyer and DPUC with copies of the filed Interconnection Agreement with FERC. (b) The Counterparty interconnection of the Facility to the ISO-NE System has been completed in accordance with the Interconnection Agreement, and Supplier has provided Buyer and the DPUC with a true copy of written confirmation from ISO-NE confirming that interconnection service is available at the Point of Interconnection. (c) The Buyer has received a certificate addressed to it from a senior officer an independent professional engineer, knowledgeable in power facility construction and duly qualified to practice engineering in Connecticut. The Supplier’s EPC contractor can serve as an independent engineer as long as the EPC contractor is not the Supplier, subject to the Buyer’s approval. The certificate shall be procured at the expense of the Generator with responsibility for such matters stating Supplier, and shall state that: (A) a. the Generator Facility has received been completed in all material respects excepting punch list items that do not materially and adversely affect the CNSC’s approval ability of the Supplier to release such Refurbished Unit’s reactor shutdown guarantee(s)operate the Facility in accordance with, and perform its obligations under, the provisions of this Agreement; (B) such senior officer b. the Facility in its current form is capable of operating reliably as a part of the Generator has approved raising such Refurbished Unit’s reactor power above 75% of rated capacity ISO-NE interconnected system, and has declared such Refurbished Unit “that the Facility is able to perform according to the terms described in service”;Exhibit C to this Agreement. (C) such Refurbished Unit has operated at a net Electricity output greater than 600 MW for 48 consecutive hours; and (D) there are no conditions c. if the Supplier commits to participating in respect of such Refurbished Unit that are reasonably expected to require an Outage in respect of such Refurbished Unit within the next thirty (30) consecutive days; and (ii) Such Refurbished Unit has: (A) successfully completed the commissioning tests for such Unit as a “commissioning generation facility” LFRM in accordance with Section 3.1(b) of this Agreement, the IESO certificate must specify that the Facility meets all requirements in the Market Rules for LFRM, as laid out in ISO-NE Manual 11 Section 2.5.5, as it may be amended from time to time. The Supplier has certified that the Facility is ready to begin Commercial Operation and such tests have been approved by has provided the System Operator, whether with or without conditions; and (B) been declared by the System Operator to be a registered “generation facility” that is subject to Dispatch Instructions and that is no longer a “commissioning generation facility” as defined in the IESO Market Rules. Where the status designations “commissioning generation facility” or “generation facility” are no longer applicable pursuant documentation to the then current IESO Market RulesBuyer and the DPUC resulting from the Facility’s operational test, the substantially similar designation then applicable will apply. (b) The Generator agrees and any other relevant documentation from ISO-NE allowing it to provide to the Counterparty, forthwith after receipt thereof, a copy begin Commercial Operation of the declaration from the System Operator referred Facility, including but not limited to in Section 2.9(a)(ii)(B) above (or other certificate or I.3.9 confirmation from the System Operator confirming such declaration). Notwithstanding Section 2.9(a)(ii)ISO-NE Reliability Committee regarding approval of generation entry and Supplier submission to ISO-NE of the Asset Registration Form, provided that the condition in Section 2.9(a)(i) has been satisfied, the date on which a Refurbished Unit is deemed to achieve “Commercial Operation” shall be the date which is the later of: (i) the date on which the condition in Section 2.9(a)(i) was satisfied; and (ii) the date which the System Operator specifies as well as the date that results of an ISO-NE Claimed Capability Audit for the conditions in Section 2.9(a)(ii)(A) and Section 2.9(a)(ii)(B) were satisfied, even if purpose of determining the date of the declaration from the System Operator (or other certificate or confirmation from the System Operator confirming the declaration contemplated by Section 2.9(a)(ii)(B)) is dated or delivered on a later dateFacility’s Summer Seasonal Claimed Capability. (c) If the Commercial Operation Date of a Refurbished Unit has not occurred because of a delay in the delivery of the declaration of the System Operator contemplated by Section 2.9(a)(ii)(B) and the Generator has paid liquidated damages under Section 2.10 as a result, such liquidated damages shall be reimbursed to the Generator, together with interest at the Interest Rate calculated daily and compounded monthly, to the extent paid in respect of any period of time after the date that the applicable Refurbished Unit has been deemed to achieve Commercial Operation.

Requirements for Commercial Operation. ‌ (a) A Refurbished Unit The Facility will achieve be deemed to have achieved “Commercial Operation” pursuant to this Agreement at the point in time when when, as subsequently confirmed by the following conditions have been satisfiedBuyer in a written notice to the Supplier as described in Section 2.5(b), the Buyer has received: (i) The Counterparty has received a certificate addressed to it directly from a senior officer of an Independent Engineer, an IE Certificate, in the Generator with responsibility for such matters form set out in Exhibit N, stating that:that:‌ (A) the Generator Facility has received been completed in all material respects, excepting punch list items that do not materially and adversely affect the CNSC’s approval ability of the Facility to release such Refurbished Unit’s reactor shutdown guarantee(s)operate in accordance with this Agreement; (B) such senior officer the Connection Point of the Generator has approved raising such Refurbished Unit’s reactor power above 75% of rated capacity and has declared such Refurbished Unit “Facility is at the location specified in service”Exhibit A; (C) the Facility is able, under normal operating conditions, to Deliver a sustained amount of Electricity for a period at least equal to the Duration Capability; (D) the Facility has been constructed, connected, commissioned and synchronized to the IESO-Controlled Grid or a Distribution System, such Refurbished Unit that 100% of the Contract Capacity and, if applicable, the Storage Capacity, for the Facility is available to generate, Withdraw, store and Deliver Electricity (as applicable) in accordance with the requirements of all applicable Laws and Regulations; (E) if the Facility is an Eligible Expansion, the Eligible Expansion has operated at not resulted in a net Electricity output greater than 600 MW for 48 consecutive hoursreduction in the Existing Facility Capacity; (F) the Facility has passed a Performance Test; and (G) the Facility or the Supplier (as applicable) has all permits and approvals issued by Governmental Authorities which are required to construct, operate and maintain the Facility in accordance with Laws and Regulations, including the final Registration Approval Notification (RAN) issued by the System Operator. (ii) a Supplier’s Certificate, together with such documentation required to be provided under such form to the Buyer; Draft (iii) an updated Metering Plan that has been approved by the Buyer pursuant to Section 2.7; (iv) an updated Company Representative contact information form in accordance with Exhibit D) there are no conditions in respect of such Refurbished Unit that are reasonably expected to require an Outage in respect of such Refurbished Unit within the next thirty (30) consecutive days; and (iiv) Such Refurbished Unit has: (A) successfully completed a single line electrical drawing that identifies the commissioning tests for such Unit as as-built Connection Point sealed by a “commissioning generation facility” professional engineer licensed in accordance with Ontario, clearly showing area transmission and distribution facilities, including the IESO Market Rules and such tests have been approved by the System Operator, whether with or without conditions; and (B) been declared by the System Operator to be a registered “generation facility” transformer station that is subject to Dispatch Instructions and that is no longer a “commissioning generation facility” as defined in the IESO Market Rules. Where the status designations “commissioning generation facility” or “generation facility” are no longer applicable pursuant electrically closest to the then current IESO Market Rules, the substantially similar designation then applicable will applyFacility. (b) The Generator agrees Buyer shall notify the Supplier in writing within ten (10) Business Days following receipt of the IE Certificate and the Supplier’s Certificate as to whether the IE Certificate, Supplier’s Certificate, and the documentation provided by the Supplier under the Supplier’s Certificate are acceptable to the Buyer, acting reasonably. If the Buyer determines that the IE Certificate, Supplier’s Certificate,‌ or such documentation provided by the Supplier under the Supplier’s Certificate are not acceptable to the Buyer, acting reasonably, the Buyer shall at the time of such notification provide to the Counterparty, forthwith after receipt thereof, a copy of the declaration from the System Operator referred to in Section 2.9(a)(ii)(B) above (or other certificate or confirmation from the System Operator confirming such declaration). Notwithstanding Section 2.9(a)(ii), provided that the condition in Section 2.9(a)(i) has been satisfied, the date on which a Refurbished Unit is deemed to achieve “Commercial Operation” shall be the date which is the later of: (i) the date on which the condition in Section 2.9(a)(i) was satisfied; and (ii) the date which the System Operator specifies as the date that the conditions in Section 2.9(a)(ii)(A) and Section 2.9(a)(ii)(B) were satisfied, even if the date of the declaration from the System Operator (or other certificate or confirmation from the System Operator confirming the declaration contemplated by Section 2.9(a)(ii)(B)) is dated or delivered on a later date. (c) If the Commercial Operation Date of a Refurbished Unit has not occurred because of a delay in the delivery of the declaration of the System Operator contemplated by Section 2.9(a)(ii)(B) and the Generator has paid liquidated damages under Section 2.10 as a result, such liquidated damages shall be reimbursed to the Generator, together with interest at the Interest Rate calculated daily and compounded monthly, to the extent paid Supplier reasonable particulars in respect of any period of time after the date that deficiencies in the applicable Refurbished Unit has been deemed to achieve Commercial OperationIE Certificate, Supplier’s Certificate, or such other documentation.

Requirements for Commercial Operation. ‌ (a) A Refurbished Unit The Generator will achieve “be deemed to have achieved commercial operation in respect of the Facility ("Commercial Operation” ") at the point in time when when, as subsequently confirmed by the following conditions have been satisfiedAESO in a written notice to the Generator as described in Section 2.6(c) and subject to the provisos set forth below: (i) The Counterparty the Generator has received a "Non-Zero Dollar Offer Letter" from the AESO, which letter is issued by the AESO to a generator after the relevant facility's "energization checklist" is completed and such generator notifies the AESO that it has completed its commissioning of the Facility, with the exception of model variation testing; (which letter allows the Generator to commence Commercial Operation with the conditions that it will submit the required model variation testing and remedy any outstanding deficiencies by specified dates); (ii) the AESO has received from the Generator copies of all Governmental Approvals issued by the applicable Governmental Authorities which are required to construct, operate and maintain the Facility; (iii) the AESO has received an IE Certificate in the Prescribed Form directly from the Independent Engineer, which confirms that: (A) the Facility and the Connection Facilities have been completed in all material respects, excepting punch list items that do not materially and adversely affect the ability of the Facility to operate in accordance with this Agreement, Good Electric Industry Practice, and all Applicable Laws; (B) the installed, nameplate capacity of the Facility is equal to the Contract Capacity; and (C) the Facility has been constructed, connected, commissioned and synchronized to the AIES or a Distribution Facility, as applicable, such that the Available Capability is not less than ninety percent (90%) of the Contract Capacity; and (iv) the AESO has received a certificate addressed to it from a senior officer the Generator in the Prescribed Form with respect to the Commercial Operation of the Generator Facility, together with responsibility for such matters stating supporting documentation required to be provided to the AESO, as referenced in such form. provided that Commercial Operation shall not in any event occur prior to the Earliest Support Payment Date; and provided further that: (A) , in the case of any Facility which is an Expansion, the Generator has received shall only be deemed to have achieved Commercial Operation at such point in time if the CNSC’s approval to release such Refurbished Unit’s reactor shutdown guarantee(s); Existing Renewable Facility is still commercially operational (B) such senior officer of the Generator has approved raising such Refurbished Unit’s reactor power above 75% of rated capacity and has declared such Refurbished Unit “in service”; (C) such Refurbished Unit has operated at a net Electricity output greater than 600 MW for 48 consecutive hours; and (D) there are no conditions in respect of such Refurbished Unit that are reasonably expected to require an Outage in respect of such Refurbished Unit within the next thirty (30) consecutive days; and (ii) Such Refurbished Unit has: (A) successfully completed the commissioning tests for such Unit as a “commissioning generation facility” in accordance with the IESO Market Rules and such tests have been approved by the System Operator, whether with or without conditions; and (B) been declared by the System Operator to be a registered “generation facility” that is subject to Dispatch Instructions and that is no longer a “commissioning generation facility” as defined in the IESO Market Rules. Where the status designations “commissioning generation facility” or “generation facility” are no longer applicable pursuant to the then current IESO Market Rules, the substantially similar designation then applicable will applydefinition of "Existing Renewable Facility") at such time. (b) The AESO or its Related Parties shall be entitled, at the AESO's option, to attend any performance and generation test(s) for purposes of Section 2.6(a)(iii)(C) and the Generator agrees to shall provide to the Counterparty, forthwith after receipt thereof, AESO a copy reasonable period in advance thereof confirmation in writing of the declaration from the System Operator referred to in Section 2.9(a)(ii)(B) above (or other certificate or confirmation from the System Operator confirming timing of such declarationtest(s). Notwithstanding Section 2.9(a)(ii), provided that the condition in Section 2.9(a)(i) has been satisfied, the date on which a Refurbished Unit is deemed to achieve “Commercial Operation” shall be the date which is the later of: (i) the date on which the condition in Section 2.9(a)(i) was satisfied; and (ii) the date which the System Operator specifies as the date that the conditions in Section 2.9(a)(ii)(A) and Section 2.9(a)(ii)(B) were satisfied, even if the date of the declaration from the System Operator (or other certificate or confirmation from the System Operator confirming the declaration contemplated by Section 2.9(a)(ii)(B)) is dated or delivered on a later date. (c) The AESO shall notify the Generator in writing within twenty (20) Business Days following receipt of all of the documentation required by Section 2.6(a) as to whether such documentation is acceptable to the AESO, acting reasonably. If the Commercial Operation Date of a Refurbished Unit has AESO determines that such documentation is not occurred because of a delay in acceptable, the delivery of the declaration of the System Operator contemplated by Section 2.9(a)(ii)(B) and AESO shall provide to the Generator has paid liquidated damages under Section 2.10 as a result, such liquidated damages shall be reimbursed to the Generator, together with interest at the Interest Rate calculated daily and compounded monthly, to the extent paid reasonable particulars in respect of any period deficiencies in the achievement of time after the date that the applicable Refurbished Unit has been deemed to achieve Commercial Operation, in which case the Generator's obligations set forth in Sections 2.5(a), and the provisions of this Section 2.6, shall continue to apply mutatis mutandis.