Common use of Capacity Tests Clause in Contracts

Capacity Tests. (a) The Buyer shall have the option, exercisable on no more than two (2) occasions per Contract Year, to require the Supplier, within ten (10) Business Days after written notice has been delivered to the Supplier, provided it is not during an Outage, to conduct a test, at the Supplier’s sole cost and expense, to confirm the ability of the Facility to produce the Contract Capacity as described below (the “Capacity Check Test”). Each Capacity Check Test consists of the Facility generating Electricity for eight (8) continuous hours during a period designated by the Supplier in advance as a test period, subject to coordination and approval of the IMO, and shall be evaluated based on calculation of the generator output at the generator terminals net of any Station Service Loads in accordance with the Metering Plan. The Supplier acknowledges and agrees that the Contract Capacity, the Facility output, and the Station Service Loads, as may be measured by the Capacity Check Test, shall not be adjusted for ambient, weather, or other conditions whatsoever. If the Capacity Check Test is interrupted by an event of Force Majeure, or if at any point during the Capacity Check Test, the air temperature, as reported at the Environment Canada weather station that is physically nearest to the Contract Facility (or in the case of a Contract Facility that is comprised of two or more generating facilities that are aggregated, the weather station that is physically nearest to one of the generating facilities so aggregated that has been selected by the Supplier), exceeded 30.0 degrees Celsius, then the Supplier may, at the Supplier’s sole cost and expense, re- perform the Capacity Check Test within ten (10) Business Days after the receipt by the Supplier of the Capacity Confirmation relating to such Capacity Check Test from the Buyer. (b) The Buyer shall provide to the Supplier, within five (5) Business Days after the completion of the Capacity Check Test, written confirmation of the energy output for each hour during the Capacity Check Test (the “Capacity Confirmation”). (c) To pass the Capacity Check Test, the Electricity output (in MWh) for each hour of the Capacity Check Test, divided by one hour, must be equal to or greater than the Contract Capacity. If the Supplier has not passed the Capacity Check Test for each one of the eight continuous hours, then the Supplier shall, at the Supplier’s cost and expense, perform a further Capacity Check Test (the “Further Capacity Check Test”) within ten (10) Business Days after the receipt by the Supplier of the Capacity Confirmation from the Buyer, on the same terms and conditions as the Capacity Check Test described in Section 14.6(a). If the total Electricity output of the Facility for the eight continuous hours of each of the Capacity Check Test and the Further Capacity Check Test, as stated in their respective Capacity Confirmations, divided by the number of hours in each of the respective check tests (each an “Average Test Capacity”), are both less than 80% of the Contract Capacity, then this shall be considered a Supplier Event of Default. For purposes of calculating the Average Test Capacity in Section 14.6, the Electricity output from each hour shall not exceed a maximum amount equal to the Contract Capacity multiplied by one hour. (d) If the Further Capacity Check Test shows that the Average Test Capacity was between 80% and 100% of the Contract Capacity, then the Capacity Reduction Factor (as defined below and used in the calculation of Adjusted Contract Capacity in Exhibit J) shall be reduced as set out below, effective on the date of the Capacity Confirmation in relation to the Further Capacity Check Test. The “Capacity Reduction Factor” is defined as a fraction, the numerator of which is

Capacity Tests. (a) The Buyer shall have the option, exercisable on no more than two one (21) occasions occasion per Contract YearSeason, during the Season to require the Supplier, within ten (10) Business Days after written notice has been delivered to the Supplier, provided it is not during an Outage, to conduct a test, at the Supplier’s sole cost and expense, to confirm the Project’s ability of to deliver the Facility to produce Contracted Demand Reduction for the Contract Capacity as described below Season (the “Capacity Check Test”). For certainty, the Buyer shall only exercise this option if (i) the Supplier failed to curtail the amount of Electricity specified in any Operational Directive, (ii) if no Operational Directive has been issued during the preceding Season, or (iii) in accordance with Section 4.2(c). Each Capacity Check Test consists shall consist of the Facility generating Project curtailing Electricity demand in response to Operational Directives for eight six (8) 6) continuous hours during a period designated by the Supplier in advance as a test period, period (but which hours shall be during Callable Hours) subject to coordination and approval of the IMOYork Region DR Manager. If the Control Equipment includes Behind the Meter Generation, and then the Contracted Demand Reduction shall be evaluated based on calculation of the generator output at meter data in relation to the generator terminals net of any Station Service Loads in accordance with the Metering Plangenerator. The Supplier acknowledges and agrees that the Contract Capacity, the Facility output, Contracted Demand Reduction and the Station Service Loadsmeter data, as may be measured by the Capacity Check Test, shall not be adjusted for ambient, weather, or other conditions whatsoever. If (i) the Capacity Check Test is interrupted by an event of Force Majeure, Majeure or if (ii) the Control Equipment includes Behind the Meter Generation and at any point during the Capacity Check Test, Test the air temperature, as reported at the Environment Canada weather station that is physically nearest to the Contract Facility Project (or in the case of a Contract Facility Project that is comprised of two or more generating facilities that are aggregated, the weather station that is physically nearest to one of the generating facilities so aggregated that has been selected by the Supplier), exceeded 30.0 degrees Celsius, then the Supplier may, at the Supplier’s sole cost and expense, re- re-perform the Capacity Check Test within ten (10) Business Days after the receipt by York Region DR Contract Released November 30, 2005 the Supplier of the Capacity Confirmation Verification Certificate relating to such Capacity Check Test from the Buyer. The Buyer and its authorized agents and representatives shall be entitled to attend any Capacity Test, and the Supplier shall provide the Buyer with any Measurement and Verification Data resulting from each test forthwith upon completion of the Capacity Test. For greater certainty, a Late Certificate Capacity Test required pursuant to Section 4.2(c) shall not count as the one (1) occasion per Contract Year that the Buyer may require the Supplier to conduct a Capacity Test. (b) The Buyer Supplier shall provide deliver to the SupplierBuyer, within five (5) Business Days after the completion of the Capacity Check Test, written confirmation of a Verification Certificate, stating the energy output Electricity curtailed by the Project for each hour during of the Capacity Check Test (the “Capacity Confirmation”)Test. (c) To pass the Capacity Check Test, the Electricity output (in MWh) curtailed by the Project for each hour of the Capacity Check Test, divided by one (1) hour, must be equal to or greater than the Contract Capacity. Contracted Demand Reduction. (d) If the Supplier has not passed the Capacity Check Test for each one of the eight six (6) continuous hours, then the Supplier shall, at the Supplier’s cost and expense, perform a further Capacity Check Test (the “Further Capacity Check Test”) within ten (10) Business Days after of the receipt by the Supplier of the Capacity Confirmation from the BuyerVerification Certificate, on the same terms and conditions as the Capacity Check Test described in Section 14.6(a13.6(a), including the delivery of a Verification Certificate in relation to the Further Capacity Test. If the total amount of Electricity output of curtailed by the Facility Project for the eight six (6) continuous hours of each of the Capacity Check Test and the Further Capacity Check Test, as stated in their respective Capacity ConfirmationsVerification Certificates, divided by the number of hours in each of the respective check tests (each an “Average Test CapacityCurtailment”), are both less than 80% of the Contract CapacityContracted Demand Reduction, then this shall be considered a Supplier Event of Default. For purposes of calculating the Average Test Capacity Curtailment in Section 14.613.6, the amount of Electricity output from curtailed by the Project for each hour shall not exceed a maximum amount equal to the Contract Capacity Contracted Demand Reduction multiplied by one (1) hour. (de) If the Further Capacity Check Test shows that the Average Test Capacity Curtailment was between 80% and 100% of the Contract CapacityContracted Demand Reduction, then the Capacity Demand Reduction Factor (as defined below and used in the calculation of Adjusted Contract Capacity Monthly Payments in Exhibit JG) shall be reduced as set out below, effective on the date of the Capacity Confirmation Verification Certificate in relation to the Further Capacity Check Test. The “Capacity Demand Reduction Factor” is defined as a fraction, the numerator of which is

Capacity Tests. (ai) The Any test to determine the Net Dependable Capacity of a Committed Unit shall include a period of two (2) hours during which the Net Dependable Capacity of the Committed Unit is generated and the Electric Energy delivered to the Point of Delivery. Once a test period has been initiated, it must last for two (2) hours unless Buyer's and Seller's authorized representatives mutually agree to a shorter duration. Any such test shall be conducted as specified in Guide No. 3 of MAIN (a copy of which is attached as Appendix B). No tests will be conducted or continued which, in the opinion of Seller, should not be conducted or continued in accordance with Prudent Utility Practice. If Seller prevents or discontinues a test in accordance with Prudent Utility Practice, Buyer shall have the optionright to require a retest of the affected Committed Unit upon prior notice to Seller, exercisable on no more than two if the test was conducted pursuant to Buyer's request. (2ii) occasions per Contract YearSeller will report the magnitude and duration of any known Forced Derating immediately upon becoming aware of such condition. Seller will also report the magnitude and duration of any known derating condition (equipment failure, operating limitation, etc.) immediately upon becoming aware of such condition. Buyer shall have the right to require Seller to reestablish by capacity test the Net Dependable Capacity of each Committed Unit at a mutually agreeable time once before the start of both the Summer Months and the Non-Summer Months. If the results of such tests produce a 4 MW or greater decline in the Net Dependable Capacity for such Committed Unit, then a Forced Derating equal to the decline in the Net Dependable Capacity for such Committed Unit shall be assumed for purposes of calculating EA under Appendix E (Equivalent Availability) based upon the actual number of hours that the Committed Units were operated. This Forced Derating adjustment shall be additive to the amount of any Forced Derating declared during the same period. In the interval between seasonal capacity demonstration tests, Buyer shall have the right, with twenty-four (24) hours notice, to Dispatch the Committed Units and require the Supplier, within ten (10) Business Days after written notice has been delivered to the Supplier, provided it is not during an Outage, Seller to conduct a capacity demonstration test, at the Supplier’s sole cost and expense, to confirm the ability of the Facility to produce the Contract Capacity as described below (the “Capacity Check Test”). Each Capacity Check Test consists of the Facility generating Electricity for eight (8) continuous hours during a period designated by the Supplier in advance as a test period, subject to coordination and approval of the IMO, and shall be evaluated based on calculation of the generator output at the generator terminals net of any Station Service Loads in accordance with the Metering Plan. The Supplier acknowledges and agrees that the Contract Capacity, the Facility output, and the Station Service Loads, as may be measured by the Capacity Check Test, shall not be adjusted for ambient, weather, or other conditions whatsoever. If the Capacity Check Test is interrupted by an event of Force Majeure, or if at any point during the Capacity Check Test, the air temperature, as reported at the Environment Canada weather station that is physically nearest to the Contract Facility (or in the case of a Contract Facility that is comprised of two or more generating facilities that are aggregated, the weather station that is physically nearest to one of the generating facilities so aggregated that has been selected by the Supplier), exceeded 30.0 degrees Celsius, then the Supplier may, at the Supplier’s sole cost and expense, re- perform the Capacity Check Test within ten (10) Business Days after the receipt by the Supplier of the Capacity Confirmation relating to such Capacity Check Test from the Buyer. (biii) The Buyer Seller shall provide have the right to the Supplier, within five (5) Business Days after the completion reestablish Net Dependable Capacity of the Capacity Check Test, written confirmation of the energy output for each hour during the Capacity Check Test (the “Capacity Confirmation”Committed Unit pursuant to a capacity test at mutually agreeable time(s). (civ) To pass Notwithstanding the Capacity Check Testprovisions of Section 4(b) (Dispatch), during any capacity testing Seller shall designate a maximum level for Buyer's Dispatch during such capacity testing, which may be above the then current Net Dependable Capacity. (v) For Electric Energy generated during any testing of any Committed Unit requested by Buyer (except with regard to ▇▇▇▇ ▇ prior to the ▇▇▇▇ ▇ Commercial Operation Date), the Electricity output (in MWh) for each hour of rate to be paid to Seller shall be the Capacity Check Test, divided by one hour, must be equal to or greater than the Contract Capacity. If the Supplier has not passed the Capacity Check Test for each one of the eight continuous hours, then the Supplier shall, at the Supplier’s cost and expense, perform a further Capacity Check Test (the “Further Capacity Check Test”) within ten (10) Business Days after the receipt by the Supplier of the Capacity Confirmation from the Buyer, on the same terms and conditions as the Capacity Check Test described rates set forth in Section 14.6(a7(b) (Energy Payments). If the total Electricity output of the Facility for the eight continuous hours of each of the Capacity Check Test and the Further Capacity Check Test, as stated in their respective Capacity Confirmations, divided test was requested by the number of hours in each of the respective check tests (each an “Average Test Capacity”), are both less than 80% of the Contract Capacity, then this shall be considered a Supplier Event of Default. For purposes of calculating the Average Test Capacity in Section 14.6Seller, the Electricity output from each hour Buyer shall not exceed pay Seller a maximum amount price equal to the Contract Capacity multiplied by one hour. (d) If the Further Capacity Check Test shows that the Average Test Capacity was between 80% and 100% of the Contract Capacity, then the Capacity Reduction Factor (as defined below and used price set forth in the calculation of Adjusted Contract Capacity in Exhibit J) shall be reduced ▇▇▇▇ ▇ Test Power Agreement attached hereto as set out below, effective on the date of the Capacity Confirmation in relation to the Further Capacity Check Test. The “Capacity Reduction Factor” is defined as a fraction, the numerator of which isAppendix G (Unit 9 Test Power Agreement).