120 Adelaide Street West
Suite 1600
Toronto, Ontario M5H 1T1
T 416-967-7474
F 416-967-1947
www.ieso.ca
FORM OF FORCE MAJEURE NOTICE
contract.management@ieso.ca
IESOCM-FORM-002 (2011-10)
SUBMIT BY E-MAIL (PDF WITH SIGNATURE) TO
contract.management@ieso.ca
Pursuant to Section [No.] of the Contract, the Supplier is hereby submitting this completed Force Majeure Notice to the Buyer.
Capitalized terms not defined herein have the meanings ascribed thereto in the Contract.
This is a new Force Majeure event, start date:
This is an update to existing Force Majeure No.:
This is a termination notice, termination date:
Date
Force Majeure No.
Title of Force Majeure
Legal Name of Supplier
Name of Contract Facility
Contract Title
(the “Contract”)
Contract Date
Original
Milestone Date for COD
IESO Approved Revised
Milestone Date for COD
Type of Force Majeure
ENVIRONMENTAL PERMITTING
First Nations Consultations
Municipal Zoning Bylaw/Permits
ACTS OF GOD / EXTREME WEATHER
LABOUR DISPUTES
OTHER (SPECIFY):
1.
Description of events leading to Force Majeure (Provide reasonably full particulars of the cause and timing events relating to the invoked
2.
Effect of Force Majeure (Provide reasonably full particulars of the effect of the Force Majeure on the supplier’s ability to fulfill its obligations under
Force Majeure. Please also provide documentary evidence of the same, including, without limitation, the following: newspaper articles, correspondence,
emails, notes, reports, memoranda and any other documentation relevant to establishing the description.)
the Contract. Please also provide documentary evidence of the same, including, without limitation, the following: reports, policy documents,
correspondence, notes, memoranda and any other documentation relevant to establishing the effect.)
FORM OF FORCE MAJEURE NOTICE
IESOCM-FORM-002(2011-10)
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Independent Electricity System Operator
3.
Cost of Alternatives available to remedy or remove the Force Majeure (Provide reasonably full particulars of alternatives available
to the Supplier to remedy or remove the Force Majeure, together with an estimation of related costs with respect to each alternative. Please also provide
documentary evidence of the same, including, without limitation, the following: written cost estimates, legal or professional opinions and reports, municipal
or other government policy documentation and any other documentation relevant to establishing the cost.)
4.
Commercially Reasonable Efforts (Reasonably full particulars of efforts, if any, undertaken or contemplated by the Supplier to remedy or
remove Force Majeure. Please also provide documentary evidence of the commercially reasonable efforts listed, including, without limitation, the following
as applicable: meeting requests with municipal officials, notes from meetings or telephone calls, minutes of meetings, letter or email correspondence with
third parties, copies of reports, policies, proposals, newspaper articles and any other documentation relevant to establishing the commercially reasonable
efforts.)
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 FORCE MAJEURE NOTICE
IESOCM-FORM-002(2011-10)
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