Common use of Operation and Control Clause in Contracts

Operation and Control. 6.1 Seller shall operate and maintain the Facility in a safe manner in accordance with the Generation Interconnection Agreement, Prudent Electrical Practices and in accordance with the requirements of all applicable federal, state and local laws and the National Electric Safety Code as such laws and code may be amended from time to time. PacifiCorp shall have no obligation to purchase Net Output or Delivered Energy from the Facility to the extent the interconnection between the Facility and PacifiCorp’s electric system is disconnected, suspended or interrupted, in whole or in part, pursuant to the Generation Interconnection Agreement, or to the extent generation curtailment is required as a result of Seller’s non-compliance with the Generation Interconnection Agreement. 6.2 Seller may cease operation of the entire Facility or individual units, if applicable, for Scheduled Maintenance Periods not to exceed a total of sixty (60) days each Contract Year at such times as are provided in the monthly maintenance schedule set forth as Exhibit D. 6.3 If the Facility ceases operation for unscheduled maintenance, Seller immediately shall notify PacifiCorp of the necessity of such unscheduled maintenance, the time when such shutdown has occurred or will occur and the anticipated duration of such shutdown. Seller shall take all reasonable measures and exercise its best efforts to avoid unscheduled maintenance, to limit the duration of such unscheduled maintenance, and to perform unscheduled maintenance during non-peak hours. 6.4 Delivered Energy shall be provided per Seller’s schedule. Seller shall provide Buyer its estimated delivery pattern from the Seller’s qualifying facility on the first business day of the month or as soon thereafter as practicable, for the following calendar month. Seller shall provide such schedules and schedule changes to PacifiCorp’s scheduling personnel per Section 23 using the best information available, but it is understood that the delivery pattern is only an estimate and, therefore, shall not be binding on Seller.

Operation and Control. 6.1 Seller shall operate and maintain the QF Facility in a safe manner in accordance with the Generation Interconnection Agreement, Prudent Electrical Practices and in accordance with the requirements of all applicable federal, state and local laws and the National Electric Safety Code as such laws and code may be amended from time to time. PacifiCorp shall have no obligation to purchase Net Output or Delivered Energy from the QF Facility to the extent the interconnection between the QF Facility and PacifiCorp’s electric system is disconnected, suspended or interrupted, in whole or in part, pursuant to the Generation Interconnection Agreement, or to the extent generation curtailment is required as a result of Seller’s non-non- compliance with the Generation Interconnection Agreement. 6.2 Seller may cease operation of the entire QF Facility or individual units, if applicable, for Scheduled Maintenance Periods not to exceed a total of sixty (60) days each Contract Year at such times as are provided in the monthly maintenance schedule set forth as Exhibit D.D and may be modified as deemed appropriate by the Seller. Seller shall notify PacifiCorp of any material changes to the monthly maintenance schedule. 6.3 If the QF Facility ceases operation for unscheduled maintenancemaintenance or otherwise during on-peak hours, Seller immediately shall notify PacifiCorp as soon as practicable of the necessity of such unscheduled maintenance, the time when such shutdown has occurred or will occur and the anticipated duration of such shutdown. Seller shall take all use commercially reasonable measures and exercise its best efforts to avoid unscheduled maintenancemaintenance during on-peak hours, to limit the duration of such unscheduled maintenance, and to perform unscheduled maintenance during non-peak hours. 6.4 Delivered Energy shall be provided per Seller’s schedule. At least ninety (90) days before the first day of each calendar quarter, Seller shall provide Buyer its estimated delivery pattern from PacifiCorp with written notice of the SellerQF Facility’s qualifying facility planned generation schedule (“Schedule”) for that calendar quarter. At least ten (10) days before the beginning of each month, Seller shall notify PacifiCorp in writing of any changes or updates to the Schedule for that month. At or before 0730 MPT on the first business day before a given day of delivery, Seller shall notify PacifiCorp’s generation coordinator desk, by sending an e-mail to ▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇, or telephoning ▇▇▇-▇▇▇-▇▇▇▇, or sending a facsimile to ▇▇▇-▇▇▇-▇▇▇▇, of the month or as soon thereafter as practicable, QF Facility’s generation schedule for the delivery day and shall inform PacifiCorp no later than 2- hours following calendar month. Seller shall provide an event of Force Majeure, unscheduled outage or unscheduled derate, of the expected duration of any such schedules and schedule changes to PacifiCorp’s scheduling personnel per Section 23 using the best information available, but it is understood that the delivery pattern is only an estimate and, therefore, shall not be binding on Sellerevent.

Operation and Control. 6.1 Seller shall operate and maintain the QF Facility in a safe manner in accordance with the Generation Interconnection Agreement, Prudent Electrical Practices and in accordance with the requirements of all applicable federal, state and local laws and the National Electric Safety Code as such laws and code may be amended from time to time. PacifiCorp shall have no obligation to purchase Net Output or Delivered Energy from the QF Facility during the periods and to the extent the interconnection between the QF Facility and PacifiCorp’s electric system is disconnected, suspended or interrupted, in whole or in partdue to fault of Seller , pursuant to the Generation Interconnection Agreement, or to the extent generation curtailment is required as a result of Seller’s non-compliance with the Generation Interconnection Agreement. PacifiCorp’s obligation to purchase Delivered Energy hereunder shall resume upon the condition giving rise to such disconnection or curtailment being remedied by Seller. 6.2 Seller may cease operation of the entire QF Facility or individual units, if applicable, for Scheduled Maintenance Periods not to exceed a total of sixty (60) days each Contract Year at such times as are provided in the monthly maintenance schedule set forth as Exhibit D.D and may be modified as deemed appropriate by the Seller in accordance with Prudent Electrical Practices. Seller shall notify PacifiCorp of any material changes to the monthly maintenance schedule as soon as reasonably practical. 6.3 If the QF Facility ceases operation for unscheduled maintenancemaintenance or otherwise during on-peak hours, Seller immediately shall notify PacifiCorp as soon as practicable of the necessity of such unscheduled maintenance, the time when such shutdown has occurred or will occur and the anticipated duration of such shutdown. Seller shall take all use commercially reasonable measures and exercise its best efforts to avoid unscheduled maintenancemaintenance during on-peak hours, to limit the duration of such unscheduled maintenance, and to perform unscheduled maintenance during nonon-peak hours. 6.4 Delivered Energy shall be provided per Seller’s schedule. At least ninety (90) days before the first day of each calendar quarter, Seller shall provide Buyer its estimated delivery pattern from PacifiCorp with written notice of the SellerQF Facility’s qualifying facility planned generation schedule (“Schedule”) for that calendar quarter. At least ten (10) days before the beginning of each month, Seller shall notify PacifiCorp in writing of any expected changes or updates to the Schedule for that month. At or before 0730 MPT on the first business day before a given day of delivery, Seller shall notify PacifiCorp’s generation coordinator desk, by sending an e-mail to ▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇, or telephoning ▇▇▇-▇▇▇-▇▇▇▇, or sending a facsimile to ▇▇▇-▇▇▇-▇▇▇▇, of the month QF Facility’s generation schedule for the delivery day and shall inform PacifiCorp within 2-hours (or as soon thereafter as practicablereasonably practical after such 2 hour period ) following an event of Force Majeure, for unscheduled outage or unscheduled derate, or other emergency condition of the following calendar month. Seller shall provide expected duration of any such schedules and schedule changes to PacifiCorp’s scheduling personnel per Section 23 using the best information available, but it is understood that the delivery pattern is only an estimate and, therefore, shall not be binding on Sellerevent.

Operation and Control. 6.1 Seller shall operate and maintain the Facility in a safe manner in accordance with the Generation Interconnection Agreement, Prudent Electrical Practices and in accordance with the requirements of all applicable federal, state and local laws and the National Electric Safety Code as such laws and code may be amended from time to time. PacifiCorp shall have no obligation to purchase Net Output or Delivered Energy from the Facility to the extent the interconnection between the Facility and PacifiCorp’s electric system is disconnected, suspended or interrupted, in whole or in part, pursuant to the Generation Interconnection Agreement, or to the extent generation curtailment is required as a result of Seller’s non-compliance with the Generation Interconnection Agreement. 6.2 Seller may cease operation of the entire Facility or individual units, if applicable, for during Scheduled Maintenance Periods not to exceed a total of sixty forty-five (6045) days each Contract Year (unless otherwise agreed, which agreement will not be unreasonably withheld). Scheduled Maintenance Period shall be reasonably determined by Seller and provided to PacifiCorp at such times as are provided least ninety (90) days prior to the commencement of each Contract Year. Seller shall determine Scheduled Maintenance Periods in consultation with PacifiCorp in a joint effort to minimize disruption and cost to Seller and to maximize availability of the monthly maintenance schedule set forth as Exhibit D.Facility during peak periods. 6.3 If all or part of the Facility ceases operation for unscheduled maintenance, Seller immediately shall promptly notify PacifiCorp of the necessity of such unscheduled maintenance, same including the time when such the shutdown has occurred or will is expected to occur and the anticipated duration of such shutdown. Seller shall take all use reasonable measures and exercise its best commercial efforts to avoid unscheduled maintenance, to limit the duration of such unscheduled maintenance, and to perform unscheduled maintenance during non-peak hours. 6.4 Delivered Energy At least sixty (60) days prior to the commencement of each Contract Year, PacifiCorp shall be provided per Seller’s scheduleprovide Seller with its projected schedule for the Facility for the following Contract Year. If PacifiCorp's projections thereafter change, PacifiCorp shall promptly notify Seller of the same. Seller shall provide Buyer promptly advise PacifiCorp of any expected changes in the availability of its estimated delivery pattern from Facility, including the Seller’s qualifying facility on the first business day details of any such changes. 6.5 By no later than 7:00 a.m. Pacific Prevailing Time each day, PacifiCorp shall notify Seller of the month or as soon thereafter as practicable, Scheduled Deliveries for the following calendar monthday. Seller shall provide such schedules and schedule changes to PacifiCorp’s scheduling personnel per Section 23 using the best information available, but it is understood that the delivery pattern is only an estimate and, therefore, shall not be binding on Seller.By no later than 8:00

Operation and Control. 6.1 Seller shall operate and maintain the Facility in a safe manner in accordance with the Generation Interconnection Agreement, Prudent Electrical Practices and in accordance with the requirements of all applicable federal, state and local laws and the National Electric Safety Code as such laws and code may be amended from time to time. PacifiCorp shall have no obligation to purchase Net Output or Delivered Energy from the Facility to the extent the interconnection between the Facility and PacifiCorp’s electric system is disconnected, suspended or interrupted, in whole or in part, pursuant to the Generation Interconnection Agreement, or to the extent generation curtailment is required as a result of Seller’s non-compliance with the Generation Interconnection Agreement. 6.2 After the Initial Delivery Date, Seller may cease operation of the entire Facility or individual units, if applicable, for Scheduled Maintenance Periods not to exceed a total of sixty (60) days each Contract Year at such times as are provided in the monthly maintenance schedule set forth as Exhibit D. 6.3 If the Facility ceases operation for unscheduled maintenance, then as soon as is commercially reasonable, Seller immediately shall notify PacifiCorp of the necessity of such unscheduled maintenance, the time when such shutdown has occurred or will occur occur, and the anticipated duration of such shutdown. Seller shall take all reasonable measures and exercise its best efforts to avoid unscheduled maintenance, to limit the duration of such unscheduled maintenance, and to perform unscheduled maintenance during nonOff-peak Peak hours. 6.4 For each month commencing on the Initial Delivery Date, Seller shall provide PacifiCorp estimates of Delivered Energy shall to be provided per Seller’s scheduledelivered. Seller shall provide Buyer its estimated delivery pattern from the Seller’s qualifying facility such estimates, and any changes thereto, to PacifiCorp on the first business day of the month preceding the month of the estimated delivery, or as soon thereafter as practicable, for the following calendar month. Seller shall provide such schedules estimates and schedule changes thereto to PacifiCorp’s scheduling personnel per Section 23 using 22. Such estimates shall be based on the best information available, but it is understood . The Parties agree that the delivery pattern is estimates are only an estimate estimates and, therefore, shall are not be binding on Seller. 6.5 Seller does not guarantee availability of the Facility; however, Seller agrees to notify PacifiCorp of unplanned outages and will use reasonable commercial efforts to keep the Facility operating at highest availability for providing Delivered Energy to PacifiCorp.

Operation and Control. 6.1 Seller shall operate and maintain the Facility in a safe manner in accordance with the Generation Interconnection Agreement, Prudent Electrical Practices and in accordance with the requirements of all applicable federal, state and local laws and the National Electric Safety Code as such laws and code may be amended from time to time. PacifiCorp shall have no obligation to purchase the Net Output or Delivered Energy from the Facility to the extent the interconnection between the Facility and PacifiCorp’s electric system is disconnected, suspended or interrupted, in whole or in part, pursuant to the Generation Interconnection Agreement, or to the extent generation curtailment is required as a result of Seller’s non-compliance with the Generation Interconnection Agreement. 6.2 Seller may cease operation of the entire Facility or individual units, if applicable, for during Scheduled Maintenance Periods not to exceed a total of sixty (60) days 1080 hours each Contract Year (unless otherwise agreed, which agreement will not be unreasonably withheld, conditioned, or delayed). 6.2.1 Scheduled Maintenance Periods shall be reasonably determined by Seller and provided to PacifiCorp at such times least ninety (90) days prior to the commencement of each Contract Year, as are provided in the monthly maintenance schedule set forth as Exhibit D. 6.3 If the Facility ceases operation for unscheduled maintenance, Seller immediately shall notify PacifiCorp thereafter adjusted by mutual agreement of the necessity of such unscheduled maintenance, Parties pursuant to the time when such shutdown has occurred or will occur and provisions in Section 6.2.2 (the anticipated duration of such shutdown“Annual Maintenance Schedule”). Seller shall take all reasonable measures determine the Annual Maintenance Schedule in accordance with Prudent Electrical Practices and exercise its best efforts in consultation with PacifiCorp in a joint effort to avoid unscheduled maintenance, minimize disruption and cost to limit the duration of such unscheduled maintenance, Parties and to perform unscheduled maintenance maximize availability of the Facility during non-peak hoursPeak Months. As used in this Agreement, “Peak Months” means the months of June through September. 6.4 Delivered Energy shall 6.2.2 Modifications to the Annual Maintenance Schedule may be provided per Seller’s schedulemade by the Seller with the consent of PacifiCorp. Seller shall provide Buyer its estimated delivery pattern from furnish PacifiCorp with reasonable advance notice of any change in the Seller’s qualifying facility on Annual Maintenance Schedule. Reasonable advance notice of any change in the first business day maintenance schedule is as follows Anticipated Duration of the month or as soon thereafter as practicable, for the following calendar month. Seller shall provide such schedules and schedule changes Scheduled Maintenance Period Advance Notice to PacifiCorp’s scheduling personnel per Section 23 using the best information available, but it is understood that the delivery pattern is only an estimate and, therefore, shall not be binding on Seller. (1) Less than 2 days 24 hour minimum (2) 2 to 5 days 7 day minimum

Operation and Control. 6.1 Seller shall operate and maintain the Facility in a safe manner in accordance with the Generation Interconnection Agreement, Prudent Electrical Practices and in accordance with the requirements of all applicable federal, state and local laws and the National Electric Safety Code as such laws and code may be amended from time to time. PacifiCorp shall have no obligation to purchase Net Output or Delivered Energy from the Facility to the extent the interconnection between the Facility and PacifiCorp’s electric system is disconnected, suspended or interrupted, in whole or in part, pursuant to the Generation Interconnection Agreement, or to the extent generation curtailment is required as a result of Seller’s non-compliance with the Generation Interconnection Agreement. 6.2 Seller may cease operation of the entire Facility or individual units, if applicable, for during Scheduled Maintenance Periods not to exceed a total of sixty forty-five (6045) days each Contract Year (unless otherwise agreed, which agreement will not be unreasonably withheld). Scheduled Maintenance Periods shall be reasonably determined by Seller and provided to PacifiCorp at such times least ninety (90) days prior to the commencement of each Contract Year, as are provided thereafter adjusted by mutual agreement of the Parties. Seller shall determine Scheduled Maintenance Periods in consultation with PacifiCorp in a joint effort to minimize disruption and cost to Seller and to maximize availability of the monthly maintenance schedule set forth as Exhibit D.Facility during peak periods. 6.3 If all or part of the Facility ceases operation for unscheduled maintenance, Seller immediately shall promptly notify PacifiCorp of the necessity of such unscheduled maintenance, same including the time when such the shutdown has occurred or will is expected to occur and the anticipated duration of such shutdown. Seller shall take all use reasonable measures and exercise its best commercial efforts to avoid unscheduled maintenance, to limit the duration of such unscheduled maintenance, and to perform unscheduled maintenance during non-peak hours. 6.4 Delivered Energy Seller shall be provided per Seller’s schedulehave the right, but not the obligation, to interrupt deliveries to PacifiCorp, on a pro-rata basis, in the event of the following NERC event types: U1, U2, ▇▇, ▇▇, ▇▇, ME, PO, and PE as defined on Exhibit D. Seller shall have the right, but not the obligation, to curtail deliveries to PacifiCorp, on a pro-rata basis, in the event of the following NERC event types: D1, D2, D3, D4, and PD, as defined on Exhibit D hereto. Seller shall not have the right to interrupt or curtail deliveries to PacifiCorp due to NERC event type NC, as defined on Exhibit D hereto. 6.5 At least sixty (60) days prior to the commencement of each Contract Year, PacifiCorp shall provide Buyer its estimated delivery pattern from Seller with an expected, projected schedule for the Seller’s qualifying facility on the first business day of the month or as soon thereafter as practicable, Facility for the following calendar month. Seller shall provide such schedules and schedule changes to PacifiCorp’s scheduling personnel per Section 23 using the best information available, but it is understood that the delivery pattern is only an estimate Contract Year and, thereforethereafter, of any changes reasonably anticipated. Such projected schedule shall not be binding on PacifiCorp or the Seller. Seller shall advise PacifiCorp of any expected changes in the availability of its Facility, including the details of any such changes. 6.6 PacifiCorp shall have the option, but not the obligation, to schedule on a daily pre-schedule, capacity and energy for delivery hereunder pursuant to these scheduling guidelines. Prior to 8:30 a.m. PPT, PacifiCorp shall provide to Seller or Seller’s agent, PacifiCorp’s daily pre-schedule quantities by hour for the following calendar day. Unless modified pursuant to the WECC ISAS Pre-scheduling calendar, “Pre-Schedule Day” means the business day immediately preceding the day of delivery unless the day of delivery is Sunday or Monday, in which case the Pre-Schedule Day shall be the immediately preceding Friday, or unless the day of delivery is Saturday, the Pre-Schedule Day shall be the immediately preceding Thursday. In the event the Pre- Schedule day falls on a NERC defined holiday, the pre-schedule requirement shall be adjusted to reflect such holiday. NERC tags shall be completed in accordance with NERC guidelines. PacifiCorp may schedule zero (0) or no less than eighty percent (80%) of the Net Dependable Capacity in any hour of the Scheduled Deliveries unless otherwise agreed. In the event PacifiCorp has not scheduled day-ahead pre-Scheduled Deliveries by the time specified herein, zero (0) Scheduled Deliveries shall be imputed for such following calendar day, and any such request by PacifiCorp will be deemed to be a day- of change to schedule governed by Section 6.7 hereof. 6.7 PacifiCorp shall have the option, but not the obligation, to make schedule changes within the day of delivery; provided such schedule changes are in conformance with the accepted practices of the control area operator. Notwithstanding the foregoing, PacifiCorp shall provide notification to Seller, or Seller’s agent, of any changes in the schedule thirty (30) minutes prior to the next Operating Hour. “Operating Hour” means the top of the hour and six (6) minutes thereafter. PacifiCorp may change its pre- scheduled amounts on any given hour within the day of delivery; provided, however that the Facility has no more than two (2) starts in any day of Scheduled Deliveries and the change results in Facility output no less than eighty percent (80%) of the Net Dependable Capacity in any hour unless otherwise agreed. Seller shall use reasonable commercial efforts to comply with any such request, including, for any increase in deliveries, so long as Seller is able, using good faith best efforts, to obtain natural gas supplies required for such additional deliveries. PacifiCorp shall pay all prudently-incurred incremental costs incurred by Seller in providing such unscheduled deliveries, or in reducing Scheduled Deliveries, including any penalties prudently incurred by Seller in connection with delivery or non-delivery of such natural gas; however, in no event will PacifiCorp pay for Seller to obtain No-Notice gas supply service. Seller shall make documents kept pursuant to Section 14.3 available to PacifiCorp for audit prior to the time PacifiCorp is obligated to pay Seller for such incremental costs.

Operation and Control. 6.1 Seller TEAD shall operate and maintain the Facility in a safe manner in accordance with the Generation Interconnection Agreement, Prudent Electrical Practices and in accordance with the requirements of all applicable federal, state and local laws and the National Electric Safety Code as such laws and code may be amended from time to time. PacifiCorp shall have no obligation to purchase accept Net Output or Delivered Energy from the Facility to the extent the interconnection between the Facility and PacifiCorp’s electric system is disconnected, suspended or interrupted, in whole or in part, pursuant to the Generation Interconnection AgreementGIA, or to the extent generation curtailment is required as a result of SellerTEAD’s non-compliance with the Generation Interconnection AgreementGIA. 6.2 Seller After the Initial Delivery Date, TEAD may cease operation of the entire Facility or individual units, if applicable, for Scheduled Maintenance Periods not to exceed a total of sixty (60) days each Contract Year at such times as are provided in the monthly maintenance schedule set forth as Exhibit D.D 6.3 If the Facility ceases operation for unscheduled maintenance, Seller immediately then as soon as is commercially reasonable, TEAD shall notify PacifiCorp of the necessity of such unscheduled maintenance, the time when such shutdown has occurred or will occur occur, and the anticipated duration of such shutdown. Seller TEAD shall take all reasonable measures and exercise its best efforts to avoid unscheduled maintenance, to limit the duration of such unscheduled maintenance, and to perform unscheduled maintenance during nonOff-peak Peak hours. 6.4 For each month commencing on the Initial Delivery Date, TEAD shall provide PacifiCorp estimates of Delivered Energy shall to be provided per Seller’s scheduledelivered. Seller TEAD shall provide Buyer its estimated delivery pattern from the Seller’s qualifying facility such estimates, and any changes thereto, to PacifiCorp on the first business day of the month preceding the month of the estimated delivery, or as soon thereafter as practicable, for the following calendar month. Seller TEAD shall provide such schedules estimates and schedule changes thereto to PacifiCorp’s scheduling personnel per Section 23 using 22. Such estimates shall be based on the best information available, but it is understood . The Parties agree that the delivery pattern is estimates are only an estimate estimates and, therefore, are not binding on TEAD. 6.5 TEAD does not guarantee availability of the Facility; however, TEAD agrees to notify PacifiCorp of unplanned outages and will use reasonable commercial efforts to keep the Facility operating at highest availability for providing Delivered Energy to PacifiCorp. 6.6 TEAD shall not deliver energy from the Facility to the Point of Delivery at a rate that exceeds the Maximum GIA Delivery Rate. TEAD’s failure to limit such deliveries to the Maximum GIA Delivery Rate shall be binding on Sellera breach of a material obligation. 6.7 With respect to any and all scheduling requirements for the Facility (a) TEAD shall cooperate with PacifiCorp with respect to scheduling Net Output and provide all reasonable scheduling information requested by PacifiCorp, and (b) each Party shall designate authorized representatives to communicate with regard to scheduling and related matters arising hereunder. 6.7.1 TEAD will provide generation output data to PacifiCorp for forecasting purposes. The output data shall be provided, pursuant to the Generator Interconnection Agreement, no less than every 5 minutes. TEAD will pay PacifiCorp its cost to forecast the Net Output from the Facility, which is currently $43 per month, throughout the term of this Agreement. PacifiCorp may deduct its forecasting costs pursuant to Section 10.l of this Agreement. 6.8 TEAD acknowledges that PacifiCorp, acting in its merchant capacity function as purchaser under this Agreement, has no responsibility for or control over PacifiCorp Transmission or any successor Transmission Provider and that interaction between PacifiCorp and PacifiCorp Transmission are at arm’s length pursuant to the Tariff and FERC Order No. 888 and related regulation.

Operation and Control. ‌ 6.1 Seller shall operate and maintain the Facility in a safe manner in accordance with the Generation Interconnection Agreement, Prudent Electrical Practices and in accordance with the requirements of all applicable federal, state and local laws and the National Electric Safety Code as such laws and code may be amended from time to time. PacifiCorp shall have no obligation to purchase the Net Output or Delivered Energy from the Facility to the extent the interconnection between the Facility and PacifiCorp’s electric system is disconnected, suspended or interrupted, in whole or in part, pursuant to the Generation Interconnection Agreement, or to the extent generation curtailment is required as a result of Seller’s non-compliance with the Generation Interconnection Agreement. 6.2 Seller may cease operation of the entire Facility or individual units, if applicable, for during Scheduled Maintenance Periods not to exceed a total of sixty (60) days 1080 hours each Contract Year (unless otherwise agreed, which agreement will not be unreasonably withheld, conditioned, or delayed).‌ 6.2.1 Scheduled Maintenance Periods shall be reasonably determined by Seller and provided to PacifiCorp at such times least ninety (90) days prior to the commencement of each Contract Year, as are provided in the monthly maintenance schedule set forth as Exhibit D. 6.3 If the Facility ceases operation for unscheduled maintenance, Seller immediately shall notify PacifiCorp thereafter adjusted by mutual agreement of the necessity of such unscheduled maintenance, Parties pursuant to the time when such shutdown has occurred or will occur and provisions in Section 6.2.2 (the anticipated duration of such shutdown“Annual Maintenance Schedule”). Seller shall take all reasonable measures determine the Annual Maintenance Schedule in accordance with Prudent Electrical Practices and exercise its best efforts in consultation with PacifiCorp in a joint effort to avoid unscheduled maintenance, minimize disruption and cost to limit the duration of such unscheduled maintenance, Parties and to perform unscheduled maintenance maximize availability of the Facility during non-peak hours.Peak Months. As used in this Agreement, “Peak Months” means the months of June through September.‌ 6.4 Delivered Energy shall 6.2.2 Modifications to the Annual Maintenance Schedule may be provided per Seller’s schedulemade by the Seller with the consent of PacifiCorp. Seller shall provide Buyer its estimated delivery pattern from furnish PacifiCorp with reasonable advance notice of any change in the Seller’s qualifying facility on Annual Maintenance Schedule. Reasonable advance notice of any change in the first business day maintenance schedule is as follows‌ Anticipated Duration of the month or as soon thereafter as practicable, for the following calendar month. Seller shall provide such schedules and schedule changes Scheduled Maintenance Period Advance Notice to PacifiCorp’s scheduling personnel per Section 23 using the best information available, but it is understood that the delivery pattern is only an estimate and, therefore, shall not be binding on Seller. (1) Less than 2 days 24 hour minimum (2) 2 to 5 days 7 day minimum

Operation and Control. 6.1 Seller shall operate and maintain the Facility in a safe manner in accordance with the Generation Interconnection Agreement, Prudent Electrical Practices and in accordance with the requirements of all applicable federal, state and local laws and the National Electric Safety Code as such laws and code may be amended from time to time. PacifiCorp shall have no obligation to purchase Net Output or Delivered Energy from the Facility to the extent the interconnection between the Facility and PacifiCorp’s electric system is disconnected, suspended or interrupted, in whole or in part, pursuant to the Generation Interconnection Agreement, or to the extent generation curtailment is required as a result of Seller’s non-compliance with the Generation Interconnection Agreement. 6.2 After the Initial Delivery Date, Seller may cease operation of the entire Facility or individual units, if applicable, for Scheduled Maintenance Periods not to exceed a total of sixty (60) days each Contract Year at such times as are provided in the monthly maintenance schedule set forth as Exhibit D. 6.3 If the Facility ceases operation for unscheduled maintenance, then as soon as is commercially reasonable, Seller immediately shall notify PacifiCorp of the necessity of such unscheduled maintenance, the time when such shutdown has occurred or will occur occur, and the anticipated duration of such shutdown. Seller shall take all reasonable measures and exercise its best efforts to avoid unscheduled maintenance, to limit the duration of such unscheduled maintenance, and to perform unscheduled maintenance during nonOff-peak Peak hours. 6.4 For each month commencing on the Initial Delivery Date, Seller shall provide PacifiCorp estimates of Delivered Energy shall to be provided per Seller’s scheduledelivered. Seller shall provide Buyer its estimated delivery pattern from the Seller’s qualifying facility such estimates, and any changes thereto, to PacifiCorp on the first business day of the month preceding the month of the estimated delivery, or as soon thereafter as practicable, for the following calendar month. Seller shall provide such schedules estimates and schedule changes thereto to PacifiCorp’s scheduling personnel per Section 23 using 22. Such estimates shall be based on the best information available, but it is understood . The Parties agree that the delivery pattern is estimates are only an estimate estimates and, therefore, shall are not be binding on Seller. 6.5 Seller does not guarantee availability of the Facility; however, ▇▇▇▇▇▇ agrees to notify PacifiCorp of unplanned outages and will use reasonable commercial efforts to keep the Facility operating at highest availability for providing Delivered Energy to PacifiCorp.