FORM OF SUPPLIER’S CERTIFICATE RE COMMERCIAL OPERATION EXHIBIT X

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FORM OF SUPPLIER’S CERTIFICATE
RE COMMERCIAL OPERATION
120 Adelaide Street West
Suite 1600
Toronto, Ontario M5H 1T1
T 416-967-7474
F 416-967-1947
www.ieso.ca
(COMBINED HEAT AND POWER-CHPIII)
contract.management@ieso.ca
IESOCM-FORM-017C(CHPIII)(2013-04)
EXHIBIT X
FORM OF SUPPLIERS’S CERTIFICATE
RE COMMERCIAL OPERATION
SUBMIT BY E-MAIL (PDF WITH SIGNATURE) TO
contract.management@ieso.ca
Capitalized terms not defined herein have the meanings ascribed thereto in the Agreement.
Date
Legal Name of Supplier
Name of Facility
(the “Agreement”)
Agreement Title
Agreement Date
Commercial Operation Date or
Term Commencement Date
Beginning of the Hour Ending
01:00 hours (EST)
WHEREAS sub-section [No.] of the [Contract Name] (the "Agreement") between [Supplier Short Name]
and the Buyer dated as of [Date of Agreement] provides that the Facility will be deemed to have achieved
Commercial Operation at the point in time when, inter alia, the Buyer has received a certificate (this
"Certificate") addressed to it from the Supplier containing certain statements with respect to the Facility,
in addition to a separate IE Certificate referenced in Exhibit AA of the Agreement;
NOW THEREFORE, [Supplier Legal Name] CERTIFIES to the Buyer that:
a)
[Independent Engineering Company Legal Name] is:
(i)
duly qualified and licensed to practice engineering in the province of Ontario and which
holds a certificate of authorization issued by Professional Engineers Ontario;
(ii)
does not have a vested interest in the design, engineering, procurement, construction,
metering and/or testing of the facility; and
(iii)
not an affiliate of [Supplier Short Name] nor directly or indirectly Controlled by
[Supplier Short Name].
FORM OF SUPPLIER’S CERTIFICATE RE COMMERCIAL OPERATION (CHPIII)
IESOCM-FORM-017C(CHPIII)(2013-04)
Page 1 of 2
Independent Electricity System Operator
b)
[Supplier Short Name] has provided to the Buyer the following documentation required to be
so provided at or prior to Commercial Operation:
i)
Certificate of an independent professional engineer using IESO's "Form of Independent
Engineer Certificate" (IESOCM-Form-016) in accordance with Section [No.] of the
Agreement;
ii)
As-built single line diagram in accordance with Section [No.] of the Agreement;
iii)
Insurance certificates required pursuant to Section [No.] of the Agreement, 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;
iv)
Workplace Safety and Insurance Act (Ontario) clearance certificate pursuant to Section
[No.];
v)
Metering Plan that has been approved by the Buyer; pursuant to Section [No.];
vi)
Performance Test Plan that has been approved by the Buyer pursuant to Section [No.];
vii)
Long Term Operating Plan pursuant to Section [No.];
viii)
Annual Operating Plan pursuant to Section [No.]; and
ix)
Ontario Energy Board Generator License pursuant to Section 2.9(b).
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 (CHPIII)
IESOCM-FORM-017C(CHPIII)(2013-04)
Page 2 of 2
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