Common use of Right to Request Capacity Check Test Clause in Contracts

Right to Request Capacity Check Test. (i) The Buyer shall have the option, exercisable on no more than one (1) occasion per Season, upon providing written notice to the Supplier (a “Capacity Check Test Notice”), to require the Supplier in respect of any Facility, provided it is not during an Outage, to conduct a test at any time during Qualifying Hours within the Capacity Check Test Window, at the Supplier’s sole cost and expense, that may be witnessed by the Buyer or its Representative, to confirm the ability of the Facility to Deliver Electricity from one hundred percent (100%) of the Monthly Contract Capacity, as described below (the “Capacity Check Test”).‌ (ii) The test window for the Capacity Check Test shall be any time during Qualifying Hours in the ten (10) consecutive Business Day period following the delivery of the Capacity Check Test Notice, provided that ambient temperature conditions, as reported at the Environment Canada weather station that is physically nearest to the Facility, do not to exceed‌ Draft +35 degrees Celsius in the Summer or fall below -20 degrees Celsius in the Winter for more than fifty percent (50%) of Qualifying Hours (the “Capacity Check Test Window”). In the event that ambient temperature conditions, as reported at the Environment Canada weather station that is physically nearest to the Facility, exceed +35 degrees Celsius in the Summer or fall below -20 degrees Celsius in the Winter for more than fifty percent (50%) of Qualifying Hours in the ten (10) consecutive Business Days following the Capacity Check Test Notice, the Capacity Check Test Window shall be automatically extended until such time as there have been ten (10) Business Days (in aggregate) since the delivery of the Capacity Check Test Notice where ambient temperature conditions, as reported at the Environment Canada weather station that is physically nearest to the Facility, did not exceed +35 degrees Celsius in the Summer or fall below -20 degrees Celsius in the Winter for more than fifty percent (50%) of Qualifying Hours. (iii) The measurements of the Capacity Check Test shall be made using high accuracy calibrated instruments and recording systems or Facility instrumentation, including tariff meters for Electricity acceptable to the Buyer, acting reasonably and in accordance with the Metering Plan. Each Capacity Check Test consists of the Facility Delivering Electricity for at least the number of contiguous five (5) minute intervals during Qualifying Hours that is equal to the lesser of (A) the Duration Capability, and (B) such shorter period as the Buyer may determine, in its discretion and which is set out by the Buyer in the Capacity Check Test Notice (the “CCT Duration”) during a period designated by the Supplier on prior written notice to the Buyer in advance as a test period, subject to coordination and scheduling under the IESO Market Rules, and shall be evaluated based on a calculation of the generator Electricity output at the Delivery Points net of any Station Service Loads in accordance with the Metering Plan. The Supplier acknowledges and agrees that the Monthly Contract Capacity, the Electricity output of the Facility and the Station Service Loads, as may be measured by the Capacity Check Test, shall not be adjusted for ambient weather conditions.

Right to Request Capacity Check Test. ‌ (i) The Buyer shall have the option, exercisable on no more than one (1) occasion per Season, upon providing written notice to the Supplier (a “Capacity Check Test Notice”), to require the Supplier in respect of any Facility, provided it is not during an Outage, to conduct a test at any time during Qualifying Hours within the Capacity Check Test Window, at the Supplier’s sole cost and expense, that may be witnessed by the Buyer or its Representative, to confirm the ability of the Facility to Deliver Electricity from one hundred percent (100%) of the Monthly Contract Capacity, as described below (the “Capacity Check Test”).‌Test”). (ii) The test window for the Capacity Check Test shall be any time during Qualifying Hours in the ten (10) consecutive Business Day period following the delivery of the Capacity Check Test Notice, provided that ambient temperature conditions, as reported at the Environment Canada weather station that is physically nearest to the Facility, do not to exceed‌ Draft exceed +35 degrees Celsius in the Summer or fall below -20 degrees Celsius in the Winter for more than fifty percent (50%) of Qualifying Hours (the “Capacity Check Test Window”). In the event that ambient temperature conditions, as reported at the Environment Canada weather station that is physically nearest to the Facility, exceed +35 degrees Celsius in the Summer or fall below -20 degrees Celsius in the Winter for more than fifty percent (50%) of Qualifying Hours in the ten (10) consecutive Business Days following the Capacity Check Test Notice, the Capacity Check Test Window shall be automatically extended until such time as there have been ten (10) Business Days (in aggregate) since the delivery of the Capacity Check Test Notice where ambient temperature conditions, as reported at the Environment Canada weather station that is physically nearest to the Facility, did not exceed +35 degrees Celsius in the Summer or fall below -20 degrees Celsius in the Winter for more than fifty percent (50%) of Qualifying Hours.Check (iii) The measurements of the Capacity Check Test shall be made using high accuracy calibrated instruments and recording systems or Facility instrumentation, including tariff meters for Electricity acceptable to the Buyer, acting reasonably and in accordance with the Metering Plan. Each Capacity Check Test consists of the Facility Delivering Electricity for at least the number of contiguous five (5) minute intervals during Qualifying Hours that is equal to the lesser of (A) the Duration Capability, and (B) such shorter period as the Buyer may determine, in its discretion and which is set out by the Buyer in the Capacity Check Test Notice (the “CCT Duration”) during a period designated by the Supplier on prior written notice to the Buyer in advance as a test period, subject to coordination and scheduling under the IESO Market Rules, and shall be evaluated based on a calculation of the generator Electricity output at the Delivery Points net of any Station Service Loads in accordance with the Metering Plan. The Supplier acknowledges and agrees that the Monthly Contract Capacity, the Electricity output of the Facility and the Station Service Loads, as may be measured by the Capacity Check Test, shall not be adjusted for ambient weather conditions.

Right to Request Capacity Check Test. (i) The Buyer shall have the option, exercisable on no more than one (1) occasion per Season, upon providing written notice to the Supplier (a “Capacity Check Test Notice”), to require the Supplier in respect of any Facility, provided it is not during an Outage, to conduct a test at any time during Qualifying Hours within the Capacity Check Test Window, at the Supplier’s sole cost and expense, that may be witnessed by the Buyer or its Representative, to confirm the ability of the Facility to Deliver produceDeliver Electricity from one hundred percent (100%) of the Monthly Contract Capacity, as described below (the “Capacity Check Test”).‌Test”).‌‌‌‌‌‌ (ii) The test window for the Capacity Check Test shall be any time during Qualifying Hours in the ten (10) consecutive Business Day period following the delivery of the Capacity Check Test Notice, provided that ambient temperature conditions, as reported at the Environment Canada weather station that is physically nearest to the Facility, do not to exceed‌ Draft +35 degrees Celsius in the Summer or fall below -20 degrees Celsius in the Winter for more than fifty percent (50%) of Qualifying Hours (the “Capacity Check Test Window”). In the event that ambient temperature conditions, as reported at the Environment Canada weather station that is physically nearest to the Facility, exceed +35 degrees Celsius in the Summer or fall below -20 degrees Celsius in the Winter for more than fifty percent (50%) of Qualifying Hours in the ten (10) consecutive Business Days following the Capacity Check Test Notice, the Capacity Check Test Window shall be automatically extended until such time as there have been ten (10) Business Days (in aggregate) since the delivery of the Capacity Check Test Notice where ambient temperature conditions, as reported at the Environment Canada weather station that is physically nearest to the Facility, did not exceed +35 degrees Celsius in the Summer or fall below -20 degrees Celsius in the Winter for more than fifty percent (50%) of Qualifying Hours.. Draft (iii) The measurements of the Capacity Check Test shall be made using high accuracy calibrated instruments and recording systems or Facility instrumentation, including tariff meters for Electricity acceptable to the Buyer, acting reasonably and in accordance with the Metering Plan. Each Capacity Check Test consists of the Facility Delivering Electricity for at least the number of contiguous continuous five (5) minute intervals during Qualifying Hours that is equal to the lesser of (A) the Duration Capability, and (B) such shorter period as the Buyer may determine, in its discretion and which is set out by the Buyer in the Capacity Check Test Notice eight (8) hours (the “CCT Duration”) during a period designated by the Supplier on prior written notice to the Buyer in advance as a test period, subject to coordination and scheduling under the IESO Market Rules, and shall be evaluated based on a calculation of the generator Electricity output at the Delivery Points net of any Station Service Loads in accordance with the Metering Plan. The Supplier acknowledges and agrees that the Monthly Contract Capacity, the Electricity output of the Facility and the Station Service Loads, as may be measured by the Capacity Check Test, shall not be adjusted for ambient weather conditions.the‌‌‌

Right to Request Capacity Check Test. (i) The Buyer shall have the option, exercisable on no more than [one (1) )] occasion per Season, upon providing written notice to the Supplier (a “Capacity Check Test Notice”), to require the Supplier in respect of any Facility, provided it is not during an Outage, to conduct a test at any time during Qualifying Hours within the Capacity Check Test Window, at the Supplier’s sole cost and expense, that may be witnessed by the Buyer or its Representative, to confirm the ability of the Facility to Deliver Electricity from produce at least one hundred percent (100%) of the Monthly Contract Capacity, as described below (the “Capacity Check Test”).‌Test”).‌‌ (ii) The test window for the Capacity Check Test shall be any time during Qualifying Hours in the ten (10) consecutive Business Day period following the delivery of the Capacity Check Test Notice, provided that ambient temperature conditions, as reported at the Environment Canada weather station that is physically nearest to the Facility, do not to exceed‌ Draft +35 degrees Celsius in the Summer or fall below -20 degrees Celsius in the Winter for more than fifty percent (50%) of Qualifying Hours (the “Capacity Check Test Window”). In the event that ambient temperature conditions, as reported at the Environment Canada weather station that is physically nearest to the Facility, exceed +35 degrees Celsius in the Summer or fall below -20 degrees Celsius in the Winter for more than fifty percent (50%) of Qualifying Hours in the ten (10) consecutive Business Days following the Capacity Check Test Notice, the Capacity Check Test Window shall be automatically extended until such time as there have been ten (10) Business Days (in aggregate) since the delivery of the Capacity Check Test Notice where ambient temperature conditions, as reported at the Environment Canada weather station that is physically nearest to the Facility, did not exceed +35 degrees Celsius in the Summer or fall below -20 degrees Celsius in the Winter for more than fifty percent (50%) of Qualifying Hours. (iii) The measurements of the Capacity Check Test shall be made using high accuracy calibrated instruments and recording systems or Facility instrumentation, including tariff meters for Electricity acceptable to the Buyer, acting reasonably and in accordance with the Metering Plan. Each Capacity Check Test consists of the Facility Delivering Electricity for at least the forty-eight (48)the number of contiguous continuous five (5) minute intervals during Qualifying Hours that is equal to the lesser of (A) the Duration Capability, Capability and (B) such shorter period as the Buyer may determine, in its discretion and which is set out by the Buyer in the Capacity Check Test Notice eight (8) hours (the “CCT Duration”) during a period designated by the Supplier on prior written notice to the Buyer in advance as a test period, subject to coordination and scheduling under the IESO Market Rules, and shall be evaluated based on a calculation of the generator Electricity output at the Delivery Points net of any Station Service Loads in accordance with the Metering Plan. The Supplier acknowledges and agrees that the Monthly Contract Capacity, the Electricity output of the Facility and the Station Service Loads, as may be measured by the Capacity Check Test, shall not be adjusted for ambient weather conditions.conditions.‌‌‌‌‌

Right to Request Capacity Check Test. ‌ (i) The Buyer shall have the option, exercisable on no more than [one (1) )] occasion per Season, upon providing written notice to the Supplier (a “Capacity Check Test Notice”), to require the Supplier in respect of any Facility, provided it is not during an Outage, to conduct a test at any time during Qualifying Hours within the Capacity Check Test Window, at the Supplier’s sole cost and expense, that may be witnessed by the Buyer or its Representative, to confirm the ability of the Facility to Deliver Electricity from produce at least one hundred percent (100%) of the Monthly Contract Capacity, as described below (the “Capacity Check Test”).‌Test”). (ii) The test window for the Capacity Check Test shall be any time during Qualifying Hours in the ten (10) consecutive Business Day period following the delivery of the Capacity Check Test Notice, provided that ambient temperature conditions, as reported at the Environment Canada weather station that is physically nearest to the Facility, do not to exceed‌ Draft exceed +35 degrees Celsius in the Summer or fall below -20 degrees Celsius in the Winter for more than fifty percent (50%) of Qualifying Hours (the “Capacity Check Test Window”). In the event that ambient temperature conditions, as reported at the Environment Canada weather station that is physically nearest to the Facility, exceed +35 degrees Celsius in the Summer or fall below -20 degrees Celsius in the Winter for more than fifty percent (50%) of Qualifying Hours in the ten (10) consecutive Business Days following the Capacity Check Test Notice, the Capacity Check Test Window shall be automatically extended until such time as there have been ten (10) Business Days (in aggregate) since the delivery of the Capacity Check Test Notice where ambient temperature conditions, as reported at the Environment Canada weather station that is physically nearest to the Facility, did not exceed +35 degrees Celsius in the Summer or fall below -20 degrees Celsius in the Winter for more than fifty percent (50%) of Qualifying Hours.. Draft (iii) The measurements of the Capacity Check Test shall be made using high accuracy calibrated instruments and recording systems or Facility instrumentation, including tariff meters for Electricity acceptable to the Buyer, acting reasonably and in accordance with the Metering Plan. Each Capacity Check Test consists of the Facility Delivering Electricity for at least the number of contiguous forty-eight (48) continuous five (5) minute intervals during Qualifying Hours that is equal to the lesser of (A) the Duration Capability, and (B) such shorter period as the Buyer may determine, in its discretion and which is set out by the Buyer in the Capacity Check Test Notice (the “CCT Duration”) during a period designated by the Supplier on prior written notice to the Buyer in advance as a test period, subject to coordination and scheduling under the IESO Market Rules, and shall be evaluated based on a calculation of the generator Electricity output at the Delivery Points net of any Station Service Loads in accordance with the Metering Plan. The Supplier acknowledges and agrees that the Monthly Contract Capacity, the Electricity output of the Facility and the Station Service Loads, as may be measured by the Capacity Check Test, shall not be adjusted for ambient weather conditions.

Right to Request Capacity Check Test. ‌ (i) The Buyer shall have the option, exercisable on no more than one (1) occasion per Season, upon providing written notice to the Supplier (a “Capacity Check Test Notice”), to require the Supplier in respect of any Facility, provided it is not during an Outage, to conduct a test at any time during Qualifying Hours within the Capacity Check Test Window, at the Supplier’s sole cost and expense, that may be witnessed by the Buyer or its Representative, to confirm the ability of the Facility to Deliver Electricity from produce one hundred percent (100%) of the Monthly Contract Capacity, as described below (the “Capacity Check Test”).‌Test”). Draft (ii) The test window for the Capacity Check Test shall be any time during Qualifying Hours in the ten (10) consecutive Business Day period following the delivery of the Capacity Check Test Notice, provided that ambient temperature conditions, as reported at the Environment Canada weather station that is physically nearest to the Facility, do not to exceed‌ Draft exceed +35 degrees Celsius in the Summer or fall below -20 degrees Celsius in the Winter for more than fifty percent (50%) of Qualifying Hours (the “Capacity Check Test Window”). In the event that ambient temperature conditions, as reported at the Environment Canada weather station that is physically nearest to the Facility, exceed +35 degrees Celsius in the Summer or fall below -20 degrees Celsius in the Winter for more than fifty percent (50%) of Qualifying Hours in the ten (10) consecutive Business Days following the Capacity Check Test Notice, the Capacity Check Test Window shall be automatically extended until such time as there have been ten (10) Business Days (in aggregate) since the delivery of the Capacity Check Test Notice where ambient temperature conditions, as reported at the Environment Canada weather station that is physically nearest to the Facility, did not exceed +35 degrees Celsius in the Summer or fall below -20 degrees Celsius in the Winter for more than fifty percent (50%) of Qualifying Hours. (iii) The measurements of the Capacity Check Test shall be made using high accuracy calibrated instruments and recording systems or Facility instrumentation, including tariff meters for Electricity acceptable to the Buyer, acting reasonably and in accordance with the Metering Plan. Each Capacity Check Test consists of the Facility Delivering Electricity for at least the number of contiguous continuous five (5) minute intervals during Qualifying Hours that is equal to the lesser of (A) the Duration Capability, Capability and (B) such shorter period as the Buyer may determine, in its discretion and which is set out by the Buyer in the Capacity Check Test Notice (the “CCT Duration”) during a period designated by the Supplier on prior written notice to the Buyer in advance as a test period, subject to coordination and scheduling under the IESO Market Rules, and shall be evaluated based on a calculation of the generator Electricity output at the Delivery Points net of any Station Service Loads in accordance with the Metering Plan. The Supplier acknowledges and agrees that the Monthly Contract Capacity, the Electricity output of the Facility and the Station Service Loads, as may be measured by the Capacity Check Test, shall not be adjusted for ambient weather conditions.eight

Right to Request Capacity Check Test. (i) The Buyer shall have the option, exercisable on no more than one (1) occasion per Season, upon providing written notice to the Supplier (a “Capacity Check Test Notice”), to require the Supplier in respect of any Facility, provided it is not during an Outage, to conduct a test at any time during Qualifying Hours within the Capacity Check Test Window, at the Supplier’s sole cost and expense, that may be witnessed by the Buyer or its Representative, to confirm the ability of the Facility to Deliver Electricity from one hundred percent (100%) of the Monthly Contract Capacity, as described below (the “Capacity Check Test”).‌ (ii) The test window for the Capacity Check Test shall be any time during Qualifying Hours in the ten (10) consecutive Business Day period following the delivery of the Capacity Check Test Notice, provided that ambient temperature conditions, as reported at the Environment Canada weather station that is physically nearest to the Facility, do not to exceed‌ Draft +35 degrees Celsius in the Summer or fall below -20 degrees Celsius in the Winter for more than fifty percent (50%) of Qualifying Hours (the “Capacity Check Test Window”). In the event that ambient temperature conditions, as reported at the Environment Canada weather station that is physically nearest to the Facility, exceed +35 degrees Celsius in the Summer or fall below -20 degrees Celsius in the Winter for more than fifty percent (50%) of Qualifying Hours in the ten (10) consecutive Business Days following the Capacity Check Test Notice, the Capacity Check Test Window shall be automatically extended until such time as there have been ten (10) Business Days (in aggregate) since the delivery of the Capacity Check Test Notice where ambient temperature conditions, as reported at the Environment Canada weather station that is physically nearest to the Facility, did not exceed +35 degrees Celsius in the Summer or fall below -20 degrees Celsius in the Winter for more than fifty percent (50%) of Qualifying Hours. (iii) The measurements of the Capacity Check Test shall be made using high accuracy calibrated instruments and recording systems or Facility instrumentation, including tariff meters for Electricity acceptable to the Buyer, acting reasonably and in accordance with the Metering Plan. Each Capacity Check Test consists of the Facility Delivering Electricity for at least the number of contiguous five (5) minute intervals during Qualifying Hours that is equal to the lesser of (A) the Duration Capability, and (B) such shorter period as the Buyer may determine, in its discretion and which is set out by the Buyer in the Capacity Check Test Notice (the “CCT Duration”) during a period designated by the Supplier on prior written notice to the Buyer in advance as a test period, subject to coordination and scheduling under the IESO Market Rules, and shall be evaluated based on a calculation of the generator Electricity output at the Delivery Points net of any Station Service Loads in accordance with the Metering Plan. The Supplier acknowledges and agrees that the Monthly Contract Capacity, the Electricity output of the Facility and the Station Service Loads, as may be measured by the Capacity Check Test, shall not be adjusted for ambient weather conditions.

Right to Request Capacity Check Test. ‌ Draft (i) The Buyer shall have the option, exercisable on no more than one (1) occasion per Season, upon providing written notice to the Supplier (a “Capacity Check Test Notice”), to require the Supplier in respect of any Facility, provided it is not during an Outage, to conduct a test at any time during Qualifying Hours within the Capacity Check Test Window, at the Supplier’s sole cost and expense, that may be witnessed by the Buyer or its Representative, to confirm the ability of the Facility to Deliver Electricity from one hundred percent (100%) of the Monthly Contract Capacity, as described below (the “Capacity Check Test”).‌Test”). (ii) The test window for the Capacity Check Test shall be any time during Qualifying Hours in the ten (10) consecutive Business Day period following the delivery of the Capacity Check Test Notice, provided that ambient temperature conditions, as reported at the Environment Canada weather station that is physically nearest to the Facility, do not to exceed‌ Draft exceed +35 degrees Celsius in the Summer or fall below -20 degrees Celsius in the Winter for more than fifty percent (50%) of Qualifying Hours (the “Capacity Check Test Window”). In the event that ambient temperature conditions, as reported at the Environment Canada weather station that is physically nearest to the Facility, exceed +35 degrees Celsius in the Summer or fall below -20 degrees Celsius in the Winter for more than fifty percent (50%) of Qualifying Hours in the ten (10) consecutive Business Days following the Capacity Check Test Notice, the Capacity Check Test Window shall be automatically extended until such time as there have been ten (10) Business Days (in aggregate) since the delivery of the Capacity Check Test Notice where ambient temperature conditions, as reported at the Environment Canada weather station that is physically nearest to the Facility, did not exceed +35 degrees Celsius in the Summer or fall below -20 degrees Celsius in the Winter for more than fifty percent (50%) of Qualifying Hours.Check (iii) The measurements of the Capacity Check Test shall be made using high accuracy calibrated instruments and recording systems or Facility instrumentation, including tariff meters for Electricity acceptable to the Buyer, acting reasonably and in accordance with the Metering Plan. Each Capacity Check Test consists of the Facility Delivering Electricity for at least the number of contiguous five (5) minute intervals during Qualifying Hours that is equal to the lesser of (A) the Duration Capability, and (B) such shorter period as the Buyer may determine, in its discretion and which is set out by the Buyer in the Capacity Check Test Notice (the “CCT Duration”) during a period designated by the Supplier on prior written notice to the Buyer in advance as a test period, subject to coordination and scheduling under the IESO Market Rules, and shall be evaluated based on a calculation of the generator Electricity output at the Delivery Points net of any Station Service Loads in accordance with the Metering Plan. The Supplier acknowledges and agrees that the Monthly Contract Capacity, the Electricity output of the Facility and the Station Service Loads, as may be measured by the Capacity Check Test, shall not be adjusted for ambient weather conditions.. Draft

Right to Request Capacity Check Test. ‌ (i) The Buyer shall have the option, exercisable on no more than one (1) occasion per Season, upon providing written notice to the Supplier (a “Capacity Check Test Notice”), to require the Supplier in respect of any Facility, provided it is not during an Outage, to conduct a test at any time during Qualifying Hours within the Capacity Check Test Window, at the Supplier’s sole cost and expense, that may be witnessed by the Buyer or its Representative, to confirm the ability of the Facility to Deliver Electricity from one hundred percent (100%) of the Monthly Contract Capacity, as described below (the “Capacity Check Test”).‌Test”). (ii) The test window for the Capacity Check Test shall be any time during Qualifying Hours in the ten (10) consecutive Business Day period following the delivery of the Capacity Check Test Notice, provided that ambient temperature conditions, as reported at the Environment Canada weather station that is physically nearest to the Facility, do not to exceed‌ Draft exceed +35 degrees Celsius in the Summer or fall below -20 degrees Celsius in the Winter for more than fifty percent (50%) of Qualifying Hours (the “Capacity Check Test Window”). In the event that ambient temperature conditions, as reported at the Environment Canada weather station that is physically nearest to the Facility, exceed +35 degrees Celsius in the Summer or fall below -20 degrees Celsius in the Winter for more than fifty percent (50%) of Qualifying Hours in the ten (10) consecutive Business Days following the Capacity Check Test Notice, the Capacity Check Test Window shall be automatically extended until such time as there have been ten (10) Business Days (in aggregate) since the delivery of the Capacity Check Test Notice where ambient temperature conditions, as reported at the Environment Canada weather station that is physically nearest to the Facility, did not exceed +35 degrees Celsius in the Summer or fall below -20 degrees Celsius in the Winter for more than fifty percent (50%) of Qualifying Hours. (iii) The measurements of the Capacity Check Test shall be made using high accuracy calibrated instruments and recording systems or Facility instrumentation, including tariff meters for Electricity acceptable to the Buyer, acting reasonably and in accordance with the Metering Plan. Each Capacity Check Test consists of the Facility Delivering Electricity for at least the number of contiguous five (5) minute intervals during Qualifying Hours that is equal to the lesser of (A) the Duration Capability, and (B) such shorter period as the Buyer may determine, in its discretion and which is set out by the Buyer in the Capacity Check Test Notice (the “CCT Duration”) during a period designated by the Supplier on prior written notice to the Buyer in advance as a test period, subject to coordination and scheduling under the IESO Market Rules, and shall be evaluated based on a calculation of the generator Electricity output at the Delivery Points net of any Station Service Loads in accordance with the Metering Plan. The Supplier acknowledges and agrees that the Monthly Contract Capacity, the Electricity output of the Facility and the Station Service Loads, as may be measured by the Capacity Check Test, shall not be adjusted for ambient weather conditions.

Right to Request Capacity Check Test. ‌ (i) The Buyer Sponsor shall have the option, exercisable on no more than one (1) occasion per Season, upon providing written notice to the Supplier (a “Capacity Check Test Notice”), to require the Supplier in respect of any the Facility, provided it is not during an Outage, to conduct a test at any time during Qualifying Hours the Availability Window within the Capacity Check Test Window, at the Supplier’s sole cost and expense, that may be witnessed by the Buyer Sponsor or its Representative, to confirm the ability of the Facility to Deliver Electricity from one hundred percent (100%) of the Monthly Contract Capacity, as described below (the “Capacity Check Test”).‌Test”). (ii) The test window for the Capacity Check Test shall be any time during Qualifying Hours the Availability Window in the ten (10) consecutive Business Day period following the delivery of the Capacity Check Test Notice, provided that ambient temperature conditions, as reported at the Environment Canada weather station that is physically nearest to the Facility, do not to exceed‌ Draft exceed +35 degrees Celsius in the Summer or fall below -20 degrees Celsius in the Winter for more than fifty percent (50%) of Qualifying Hours the Availability Window (the “Capacity Check Test Window”). In the event that ambient temperature conditions, as reported at the Environment Canada weather station that is physically nearest to the Facility, exceed +35 degrees Celsius in the Summer or fall below -20 degrees Celsius in the Winter for more than fifty percent (50%) of Qualifying Hours the Availability Window in the ten (10) consecutive Business Days following the Capacity Check Test Notice, the Capacity Check Test Window shall be automatically extended until such time as there have been ten (10) Business Days (in aggregate) since the delivery of the Capacity Check Test Notice where ambient temperature conditions, as reported at the Environment Canada weather station that is physically nearest to the Facility, did not exceed +35 degrees Celsius in the Summer or fall below -20 degrees Celsius in the Winter for more than fifty percent (50%) of Qualifying Hoursthe Availability Window. (iii) The measurements of the Capacity Check Test shall be made using high accuracy calibrated instruments and recording systems or Facility instrumentation, including tariff meters for Electricity acceptable to the BuyerSponsor, acting reasonably and in accordance with the Metering Plan. Each Capacity Check Test consists of the Facility Delivering Electricity for at least the number of forty-eight (48) contiguous five (5) minute intervals during Qualifying Hours that is equal to the lesser of (A) the Duration Capability, and (B) such shorter period as the Buyer may determine, in its discretion and which is set out by the Buyer in the Capacity Check Test Notice Availability Window (the “CCT Duration”) during a period designated by the Supplier on prior written notice to the Buyer Sponsor in advance as a test period, subject to coordination and scheduling under the IESO Market Rules, and shall be evaluated based on a calculation of the generator Electricity output at the Delivery Points Point net of any Station Service Loads in accordance with the Metering Plan. The Supplier acknowledges and agrees that the Monthly Contract Capacity, the Electricity output of the Facility and the Station Service Loads, as may be measured by the Capacity Check Test, shall not be adjusted for ambient weather conditions.

Right to Request Capacity Check Test. ‌ (i) The Buyer shall have the option, exercisable on no more than one (1) occasion per Season, upon providing written notice to the Supplier (a “Capacity Check Test Notice”), to require the Supplier in respect of any Facility, provided it is not during an Outage, to conduct a test at any time during Qualifying Hours within the Capacity Check Test Window, at the Supplier’s sole cost and expense, that may be witnessed by the Buyer or its Representative, to confirm the ability of the Facility to Deliver Electricity from one hundred percent (100%) of the Monthly Contract Capacity, as described below (the “Capacity Check Test”).‌Test”). Draft (ii) The test window for the Capacity Check Test shall be any time during Qualifying Hours in the ten (10) consecutive Business Day period following the delivery of the Capacity Check Test Notice, provided that ambient temperature conditions, as reported at the Environment Canada weather station that is physically nearest to the Facility, do not to exceed‌ Draft exceed +35 degrees Celsius in the Summer or fall below -20 degrees Celsius in the Winter for more than fifty percent (50%) of Qualifying Hours (the “Capacity Check Test Window”). In the event that ambient temperature conditions, as reported at the Environment Canada weather station that is physically nearest to the Facility, exceed +35 degrees Celsius in the Summer or fall below -20 degrees Celsius in the Winter for more than fifty percent (50%) of Qualifying Hours in the ten (10) consecutive Business Days following the Capacity Check Test Notice, the Capacity Check Test Window shall be automatically extended until such time as there have been ten (10) Business Days (in aggregate) since the delivery of the Capacity Check Test Notice where ambient temperature conditions, as reported at the Environment Canada weather station that is physically nearest to the Facility, did not exceed +35 degrees Celsius in the Summer or fall below -20 degrees Celsius in the Winter for more than fifty percent (50%) of Qualifying Hours. (iii) The measurements of the Capacity Check Test shall be made using high accuracy calibrated instruments and recording systems or Facility instrumentation, including tariff meters for Electricity acceptable to the Buyer, acting reasonably and in accordance with the Metering Plan. Each Capacity Check Test consists of the Facility Delivering Electricity for at least the number of contiguous continuous five (5) minute intervals during Qualifying Hours that is equal to the lesser of (A) the Duration Capability, and (B) such shorter period as the Buyer may determine, in its discretion and which is set out by the Buyer in the Capacity Check Test Notice (the “CCT Duration”) during a period designated by the Supplier on prior written notice to the Buyer in advance as a test period, subject to coordination and scheduling under the IESO Market Rules, and shall be evaluated based on a calculation of the generator Electricity output at the Delivery Points net of any Station Service Loads in accordance with the Metering Plan. The Supplier acknowledges and agrees that the Monthly Contract Capacity, the Electricity output of the Facility and the Station Service Loads, as may be measured by the Capacity Check Test, shall not be adjusted for ambient weather conditions.eight