Common use of Content of Communications Clause in Contracts

Content of Communications. (a) To the extent that events are known or anticipated, Seller shall provide to Buyer information regarding the availability of the Committed Units, including information regarding the following matters: (i) conditions, issues or events which may affect the output or reliability of the Committed Units; (ii) time of day (based on a twenty-four hour clock) when a Committed Unit is placed on the line and taken off the line; (iii) changes of rated capacity of a Committed Unit, when it is known that such changes have taken place or will take place; (iv) Committed Unit de-ratings, including the amount of any derate, the estimated or known start time and date of the derate, the estimated or known ending time and date of the derate, and the cause of the derate; (v) conditions at the Facility or a Committed Unit that could affect the present or anticipated load following capability of a Committed Unit; (vi) when required testing or other operational work could limit the availability or maneuverability of a Committed Unit; and (vii) when the Interconnected Utility issues an emergency and requests a dispatch level different from that level given by Buyer. As it becomes available or anticipated, such information shall be made available to the Buyer. To the extent that such information reflects anticipated events over which Seller has some control, Seller shall undertake to coordinate the occurrence of such event with Buyer. (b) Seller shall use the Operations Reporting Form (via facsimile) attached in Appendix D for the purpose of reporting Committed Unit capability, outages and deratings as soon as possible after any information about a Committed Unit changes. Buyer shall acknowledge receipt of any such facsimile transmissions by signing the form and transmitting such signed page by facsimile transmission to Seller at the return facsimile transmission number indicated thereon. Copies of the transmissions described in this Section 3(b) shall be retained by Seller and Buyer for at least 36 months, after which they may be destroyed. (c) Seller shall provide information regarding Committed Unit availability by telephone on a daily basis by 1200 CPT each Day for the Day commencing thirty-six (36) hours later to Buyer at the number given for the Buyer. (d) Seller shall provide notification regarding any information outlined in Section 3(a) that is not included in the Operations Reporting Form by telephone to Buyer at the number given for the Buyer as soon as practicable after such information is known to Seller. APPENDIX D OPERATIONS REPORTING FORM 9. DATA APPLICABLE FOR ▇▇▇▇▇▇ AVAILABILITY DECLARATION Availability Declaration Period Commencing 0001 PM/AM, ____/____/____ to 2400 PM/AM, ____/____/____ ---- ---- TO: Engage Energy FAX Nr: (▇▇▇) ▇▇▇-▇▇▇▇ -------------------------------------------------------------------------------- This FAX is a submission of -------------------------------------------------------------------------------- Generator's Offer Data -------------------------------------------------------------------------------- A REVISION to the previously submitted offer of ____/____/____ -------- -------------------------------------------------------------------------------- This document is a hardcopy back-up to the offer of ____/____/____ -------------------------------------------------------------------------------- Unit 1 Available to meet Net Dependable Capacity (NDC-150 MW) ____ Yes ____ ▇▇ - ▇▇▇▇ ▇ Available to meet Net Dependable Capacity (NDC-150 MW) ____ Yes ____ No -

Content of Communications. (a) To the extent that events are known or anticipated, Seller shall provide to Buyer the EO Generation Dispatcher information regarding the availability of the Committed Reserved Units, including information regarding the following matters: C-1 Peaking Units Power Purchase Agreement Appendices -------------------------------------------------------------------------------- (i) conditions, issues or events which may affect the output or reliability of the Committed Reserved Units; (ii) time of day (based on a twenty-four hour clock) when a Committed Reserved Unit is placed on the line and taken off the line; (iii) changes of rated capacity of a Committed Reserved Unit, when it is known that such changes have taken place or will take place; (iv) Committed Reserved Unit de-ratings, including the amount of any derate, the estimated or known start time and date of the derate, the estimated or known ending time and date of the derate, and the cause of the derate; (v) the availability, or lack of availability, of remote controls on a Reserved Unit and the times in which such controls will, or will not, be available and the reason for such limitations; (vi) conditions at the Facility Site or of a Committed Reserved Unit that could affect the present or anticipated load following capability of a Committed Reserved Unit, including problems related to fuel, fires, loss of essential equipment and opacity excedences; (vivii) when required testing or other operational work could limit the availability or maneuverability of a Committed Reserved Unit; (viii) Seller's desire to declare a Substitute Unit to replace Unavailable Capacity, including the capacity and schedule of energy and ramping ability; and (viiix) when Seller's desire to request the Interconnected Utility issues release of energy from undispatched on-line capacity of a Reserved Unit or an emergency and requests a dispatch level different from that level given by Buyeroff-line Reserved Unit under the circumstances provided in Section 6(b)(i) of this Agreement. As it becomes available or anticipated, such information shall be made available to the BuyerEO Generation Dispatcher. To the extent that such information reflects anticipated events over which Seller has some control, Seller shall undertake to coordinate the occurrence of such event with Buyer.the EO Generation Dispatch Supervisor. Peaking Units Power Purchase Agreement Appendices -------------------------------------------------------------------------------- (ba) Seller shall use the Operations Reporting Form (via facsimile) forms attached in as Appendix D for the purpose of reporting Committed Reserved Unit capability, ramp rates, oil storage inventory, outages and deratings as soon as possible after any information about a Committed Unit changesderatings. Buyer Such forms consist of the following elements and shall acknowledge receipt of any such facsimile transmissions by signing the form be completed and transmitting such signed page transmitted by facsimile transmission to Seller at the return facsimile transmission number indicated thereon. Copies of the transmissions described in this Section 3(b) shall be retained by Seller and Buyer for at least 36 months, after which they may be destroyed. (c) Seller shall provide information regarding Committed Unit availability by telephone on a daily basis by 1200 CPT each Day for the Day commencing thirty-six (36) hours later to Buyer at the number given for the Buyer. (d) Seller shall provide notification regarding any information outlined in Section 3(a) that is not included in the Operations Reporting Form by telephone to Buyer at the number given for the Buyer as soon as practicable after such information is known to Seller. APPENDIX D OPERATIONS REPORTING FORM 9. DATA APPLICABLE FOR ▇▇▇▇▇▇ AVAILABILITY DECLARATION Availability Declaration Period Commencing 0001 PM/AM, ____/____/____ to 2400 PM/AM, ____/____/____ ---- ---- TO: Engage Energy FAX Nr: (▇▇▇) ▇▇▇-▇▇▇▇ -------------------------------------------------------------------------------- This FAX is a submission of -------------------------------------------------------------------------------- Generator's Offer Data -------------------------------------------------------------------------------- A REVISION to the previously submitted offer of ____/____/____ -------- -------------------------------------------------------------------------------- This document is a hardcopy back-up to the offer of ____/____/____ -------------------------------------------------------------------------------- Unit 1 Available to meet Net Dependable Capacity (NDC-150 MW) ____ Yes ____ ▇▇ - ▇▇▇▇ ▇ Available to meet Net Dependable Capacity (NDC-150 MW) ____ Yes ____ No -EO Generation Dispatcher: