Common use of Operation and Administration Clause in Contracts

Operation and Administration. (A) Seller shall staff, control, and operate the Facility consistent with Good Utility Practices, Exhibit I - AGC Protocols; Dispatch and Availability Notices; Data Collection; Technical Specifications, Exhibit O – Battery Storage System Operating Procedures, and this PPA. Personnel of Seller shall be available 24x7 via telephone or other electronic means with (i) the capability of remotely starting, operating and stopping the Facility within ten (10) minutes, and (ii) the ability to be present at the Site within 30 minutes, subject to the Safety Requirements. (B) Seller shall comply with Good Utility Practices, the requirements of all Governmental Authorities and all reasonable requirements of Company in the operation of the Facility. By way of example only, Seller shall perform all capacity testing of the Facility and related reporting, as and when required by Governmental Authorities. Any such testing shall be deemed to be a Seller Initiated Test. (C) Seller shall provide to Company a day-ahead availability forecast in accordance with Exhibit I - AGC Protocols; Dispatch and Availability Notices; Data Collection; Technical Specifications, Exhibit O – Battery Storage System Operating Procedures, and any other reporting requirements required for compliance with NERC reliability standards. Company shall forward Seller’s forecast to the applicable local reliability coordinator on Seller’s behalf, provided, however, that Seller shall remain responsible to ensure the timeliness and accuracy of forecasts and any changes to the real-time or forecast availability of the Facility. If and to the extent that the ERO modifies the forecasting or other reporting requirements imposed on Company or the Facility, Seller shall timely provide required data to Company or the ERO, as applicable. (D) Seller shall, and shall cause its Affiliates and contractors to operate, and maintain the Facility and conduct all work or cause all work in connection therewith to be conducted in accordance with the Safety Requirements. Seller shall, and shall cause its Affiliates and contractors to, take all actions to comply with the Safety Requirements.

Operation and Administration. (A) Seller shall staff, control, and operate the Facility with a Qualified Operator consistent with Applicable Law, Good Utility Practices, Exhibit I - AGC Protocols; Dispatch and Availability Notices; Data Collection; Technical Specifications, Exhibit O – Battery Storage System the Operating Procedures, and this PPAAgreement. Personnel of Seller shall be available 24x7 24 hours a day 7 days a week via telephone or other electronic means with (i) the capability of remotely starting, operating operating, and stopping the Facility within ten (10) minutes, and (ii) the ability to be present at the Site within 30 minutessixty (60) minutes or sooner, subject to the Safety Requirements. (B) extent required in accordance with Good Utility Practices. Seller shall comply with Good Utility Practices, its obligations hereunder, the requirements of all Governmental Authorities and all reasonable requirements of Company EPE in the operation of the Facility. By way of example only, Seller shall perform all capacity testing of the Facility and related reporting, as and when required by Governmental Authorities. Any such testing shall be deemed to be a Seller Initiated Test. (C) Seller shall provide to Company a EPE day-ahead availability forecast schedules for the Facility in accordance with Exhibit I - AGC Protocols; Dispatch and Availability Notices; Data Collection; Technical Specifications, Exhibit O – Battery Storage System the Operating Procedures, Procedures and any other reporting requirements required for compliance with NERC reliability standards. Company shall forward Seller’s forecast to the applicable local reliability coordinator on Seller’s behalf, provided, however, that Seller shall remain responsible to ensure the timeliness and accuracy of forecasts and any changes to the real-time or forecast availability of the Facility. If Notwithstanding any provision to the contrary contained in this Agreement, Seller shall not be required to operate the Facility in a manner inconsistent with Applicable Law. Seller shall maintain the Facility in accordance with Applicable Law, Good Utility Practices, the Operating Procedures and this Agreement. Seller shall coordinate its regular maintenance requirements for the Facility with EPE (“Maintenance Schedules”). Seller shall provide Maintenance Schedules, including planned outages, to EPE in writing and sufficiently in advance for EPE’s Commercially Reasonable review, and shall be subject to EPE’s Commercially Reasonable approval. Seller shall coordinate with EPE and the Transmission Provider on the timing and duration of planned outages. EPE has the right to not permit a planned outage if it conflicts with the requirements of the ERO or if the ERO rejects the planned outage request. Seller shall minimize the amount of scheduled maintenance during the months of January, February, June, July, August, September and December to the maximum extent consistent with Good Utility Practices. Seller shall coordinate with EPE and the Transmission Provider on the timing and duration of planned outages. Seller shall notify EPE’s SCC by telephone call or other automated means acceptable to EPE as promptly as possible upon discovering that the Facility is unable to deliver all or part of any scheduled quantity of Solar Energy due to a Forced Outage. Seller shall notify EPE’s SCC of the existence, nature, start time, and expected duration of the Forced Outage as soon as practical, but in no event later than one (1) hour after the Forced Outage occurs. Seller shall immediately inform ▇▇▇’s SCC of changes in the expected duration of the Forced Outage except to the extent that the ERO modifies the forecasting or other reporting requirements imposed on Company or the Facility, Seller shall timely provide required data to Company or the ERO, as applicablerelieved of this obligation by EPE’s SCC with respect thereto. (D) Seller shall, and shall cause its Affiliates and contractors to operate, and maintain the Facility and conduct all work or cause all work in connection therewith to be conducted in accordance with the Safety Requirements. Seller shall, and shall cause its Affiliates and contractors to, take all actions to comply with the Safety Requirements.