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 / 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 SUPPLIER CERTIFIES to the Buyer that:

a)[Legal Name of Engineering Company] is:

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

(iii)not an affiliate of [Supplier Short Name] nor directly or indirectly Controlled by [Supplier Short Name].

b)[Supplier Short Name]has 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)Equipment breakdown 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)Ontario Energy Board Generator License;

vi)Independent Electricity System Operator Authorization to Participate;

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

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

ix)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 (RES)

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