Common use of Operation and Administration Clause in Contracts

Operation and Administration. (A) Seller shall staff, control, and operate the Facility, at its own expense in a manner consistent in all material respects with Good Utility Practices, the terms of the Interconnection Agreement and the Operating Procedures, which shall be established in accordance with Good Utility Practices. Personnel shall be available at all times via telephone or other electronic means with (i) the capability of remotely starting, operating and stopping the Facility within manufacturers specifications for safe operation of the equipment (estimated to be approximately fifteen (15) minutes), and (ii) the ability to be present at the Site as soon as possible making Commercially Reasonable Efforts. (B) Each Party shall comply in all material respects with the applicable requirements of NERC, ERO, Transmission Authority, FERC, or successor organizations, Buyer requirements, Governmental Authority, and Good Utility Practice in the operation of the Facility (in the case of Seller) and otherwise in connection with the performance of this PPA. To the extent that the actions of a Party contributes in whole or in part to actions that result in monetary penalties being assessed to other Party by NERC, ERO, Transmission Authority, FERC, or other Governmental Authority, the responsible Party shall reimburse the other Party for all such monetary penalties proximately caused by such actions. (C) Seller shall be responsible for providing accurate and timely updates on the current availability of the Facility and other data as required. Seller shall provide to Buyer the data points set forth in Exhibit F hereto and a day-ahead availability forecast. Seller acknowledges that such data and forecasting is consistent with the reporting requirements required for compliance with NERC standards intended to maintain reliability and Applicable Law. Seller, as the generator and interconnecting customer, is primarily responsible for complying with Applicable Law, including NERC standards and to report the information to Transmission Authority, ERO or other reliability coordinator. For the avoidance of doubt, Seller shall remain responsible for complying with any requirements to provide data and forecast information to the Transmission Authority under the Interconnection Agreement.