Independent Electricity System Operator

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Capitalized terms not defined herein have the meanings ascribed thereto in the Contract.

Date
Legal Name of Supplier
Name of Contract Facility
Contract Title / (the “Contract”)
Contract Date
Commercial Operation Date or Term Commencement Date
Beginning of the Hour Ending / 01:00 hours (EST)

WHEREAS subsection [No.]of the Contract between the Supplier and the Buyer dated as of [Contract Date]provides that the Contract Facility will be deemed to have achieved Commercial Operation at the point in time when, inter alia, the Supplier has met certain conditions;

AND WHEREAS the Supplier is required under the Contract to have obtained certain authorizations, insurance policies, permits, and other documentation;

NOW THEREFORE, THE SUPPLIERCERTIFIES to the Buyer that:

a)[Legal Name of Engineering Company] is:

(i)duly qualified and licensed to practice engineering in the province of Ontario;

(ii)neither an employee nor a consultant of the Suppliersuch that the majority of either the time or billings of [Legal Name of Engineering Company] during the 18 month period prior to the date hereof were devoted to the Contract Facility; and

(iii)not an affiliate of the Supplier nor directly or indirectly Controlled by the Supplier.

b)The Supplierhas provided to the Buyer all information and documentation required to be so provided at or prior to Commercial Operation, including without limitation:

i)As-built single line diagram in accordance with Section [No.]of the Contract;

ii)Insurance certificates required pursuant to Section [No.] of the Contract, including without limitation, certificates in respect of:

1)All-risk property insurance;

2)Boiler and machinery insurance (if applicable);

3)Commercial general liability insurance; and

4)Environmental/pollution liability insurance;

iii)Workplace Safety and Insurance Act (Ontario) clearance certificate pursuant to Section [No.];

iv)Metering Plan that has been approved by the Buyer; pursuant to Section [No.];

v)Gas Management Plan pursuant to Section [No.], where applicable;

vi)Long Term Operating Plan pursuant to Section [No.];

vii)Annual Operating Plan pursuant to Section [No.];

viii)Ontario Energy Board Generator License;

ix)Independent Electricity System Operator Authorization to Participate;

x)Independent Electricity System Operator New Facility Notification Form re: facility is off commissioning mode;

xi)Electrical Safety Authority Connection Authorization pursuant to Section [No.]; and

xii)Ontario Ministry of the Environment Certificate(s) of Approval.

AUTHORIZED SIGNATORY
The Authorized Signatory must be either a signatory of the Contract, a person authorized to receive Notices, or the Company Representative.
If not, a Form of Certificate of Incumbency (IESOCM-FORM-18A/Corporation or IESOCM-FORM-18B/General Partner) must be submitted with this form.
By: / Date:
[Name]
[Title]
[Legal Name of Supplier]

form of SUPPLIER’S CERTIFICATE RE COMMERCIAL OPERATION (SIMPLE CYCLE)

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