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Topic:"Contract Terms" in M13042

Matter: Procurement Administrator - Power Advisory - Application for Approval of the Green Choice Power Purchase Agreement
16 passages 5 documents

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P-1-(i)Appendix A - Green Choice PPA 4 passages
1.5 Waiver, Amendment p. p. 25
1.5 Waiver, Amendment No waiver of any provision of the Agreement shall be binding unless executed in writing by the Party to be bound thereby. No waiver of any provision of the Agreement shall constitute a waiver of any other provision th...

AI summary The section outlines the rules for waivers and amendments to the Agreement, emphasizing that any waiver must be in writing and does not imply a continuing waiver. It also states that inspections or reviews by NSPI or government agencies do not relieve the Seller of its obligations under the Agreement.

2.1 Design and Construction of the Project p. p. 27
2.1 Design and Construction of the Project - (a) The Seller shall perform, or cause to be performed, all activities necessary to complete the design, construction and commissioning of the Project at the Site using Good Utility Practice and...

AI summary The Seller is responsible for designing, constructing, and commissioning the Project at the Site in compliance with Good Utility Practice, applicable laws, and the Agreement, ensuring Commercial Operation by the Scheduled Commercial Operation Date and proper performance throughout the Term.

3.2 Insurance Covenants p. pp. 32-34
3.2 Insurance Covenants - (a) The Seller shall put in effect and maintain (or cause its contractors, where appropriate, to maintain), from the commencement of the construction of the Project to the expiry of the Term, at its own cost and e...

AI summary The document outlines insurance covenants that the Seller must adhere to, including requirements for property and liability insurance, coverage specifics, and procedures for handling insurable losses. The Seller is also required to provide insurance certificates and clearance letters under the Workers' Compensation Act.

10.4 Remedies of the Seller p. p. 53
ts payable by NSPI to the Seller and suspend the performance of its obligations under the Agreement including any obligation which is not otherwise suspended pursuant to Section [10.4(b).](#page-53-2) - (d) The Seller shall be entitled to...

AI summary This section outlines the remedies available to the Seller upon termination of the Agreement, including payment of amounts owed, suspension of obligations, and calculation of the Seller Claimable Amount based on estimated or historical Net Output compared to the Energy Bid.

P-1-(ii)Appendix B - Green Choice PPA Blackline to PPA in M11455 1 passage
10.4 Remedies of the Seller p. p. 63
ts payable by NSPI to the Seller and suspend the performance of its obligations under the Agreement including any obligation which is not otherwise suspended pursuant to Section [10.4(b).](#page-63-1) - (d) The Seller shall be entitled to...

AI summary This section outlines the remedies available to the Seller in the event of termination under the Agreement. It includes the right to receive payments up to the Early Termination Date, the calculation of the Seller Claimable Amount based on Expected Output or Net Output, and the role of the Independent Engineer in estimating output.

P-1-(iii)Appendix C - DRAFT #1 Green Choice PPA 2026 - CLEAN 3 passages
1.5 Waiver, Amendment p. pp. 25-26
1.5 Waiver, Amendment No waiver of any provision of the Agreement shall be binding unless executed in writing by the Party to be bound thereby. No waiver of any provision of the Agreement shall constitute a waiver of any other provision th...

AI summary The section outlines the conditions under which waivers of provisions in the Agreement can be made, emphasizing that waivers must be in writing and do not imply future compliance. It also states that inspections or audits by NSPI or government agencies do not relieve the Seller of its obligations under the Agreement.

3.2 Insurance Covenants p. pp. 35-36
3.2 Insurance Covenants - (a) The Seller shall put in effect and maintain (or cause its contractors, where appropriate, to maintain), from the commencement of the construction of the Project to the expiry of the Term, at its own cost and e...

AI summary The text outlines insurance covenants that the Seller must adhere to, including the requirement to maintain specific types and amounts of insurance coverage, ensure NSPI is an additional insured, and provide certificates of insurance. The Seller is also required to comply with the Workers' Compensation Act and may terminate the Agreement under certain conditions related to insurable loss.

16.8 Survival and Enurement p. pp. 79-80
16.8 Survival and Enurement - (a) Except as otherwise expressly provided in this Agreement, this Agreement shall not confer upon any other Person any rights, interests, obligations or remedies under the Agreement except the Parties and, su...

AI summary This section outlines the survival and enurement of the agreement, ensuring that certain provisions remain in effect even after the agreement's expiration or termination. It specifies that rights, obligations, and remedies under the agreement continue to apply to the parties and their successors and assigns.

103714Reply Comments - Exhibit B Blackline Amended PPA - Procurement Administrator - Power Advisory 4 passages
1.1 Definitions p. p. 8
sed at: https://www150.statcan.gc.ca/t1/tbl1/en/tv.action?pid=1810000413. Cybersecurity Plan is defined in Section 2.1(f) Cybersecurity Plan Submission Deadline is defined in Section 2.1(f). Daily Energy Bid – means, in respect of a Contra...

AI summary The text defines key terms related to energy contracts and cybersecurity, including the Cybersecurity Plan, Daily Energy Bid, Delivery Point, Dissolution Event, Early Completion Incentive, and Early Termination Payment. These definitions are critical for interpreting the obligations and financial implications of the agreement.

2.1 Design and Construction of the Project p. p. 26
rmed by personnel, consultants, contractors and subcontractors that are experienced and properly qualified to perform their respective obligations in accordance with the requirements of the Agreement. - (b) Subject to the provisions of Sec...

AI summary The section outlines the requirements for the Seller to obtain NSPI's prior written consent for making Project Amendments, ensuring compliance with Good Utility Practice, Laws and Regulations, and the Agreement. NSPI may withhold consent if the amendment could negatively impact the Energy Bid or Nameplate Capacity or breach representations and warranties.

6.1 Performance Security p. p. 43
enforcement as Performance Security in lieu of the Performance Security which has been enforced, until the Seller provides replacement Performance Security as provided in Sectio[n 6.1(h).](#page-43-2) - (g) If there is a Performance Securi...

AI summary The text outlines the conditions under which NSPI may withhold payments from the Seller due to a Performance Security Default and requires the Seller to provide replacement Performance Security to restore the amount to either the Pre-COD Amount or Post-COD Amount following Commercial Operation.

10.4 Remedies of the Seller p. p. 52
ts payable by NSPI to the Seller and suspend the performance of its obligations under the Agreement including any obligation which is not otherwise suspended pursuant to Section [10.4(b).](#page-52-2) - (d) The Seller shall be entitled to...

AI summary This section outlines the remedies available to the Seller upon termination of the Agreement, including payment of amounts owed, suspension of obligations, and calculation of the Seller Claimable Amount based on the Facility's Expected Output or Net Output compared to the Energy Bid.

103715Reply Comments - Exhibit C Clean Amended PPA - Procurement Administrator - Power Advisory 4 passages
1.1 Definitions p. p. 8
sed at: https://www150.statcan.gc.ca/t1/tbl1/en/tv.action?pid=1810000413. Cybersecurity Plan is defined in Section 2.1(f) Cybersecurity Plan Submission Deadline is defined in Section 2.1(f). Daily Energy Bid – means, in respect of a Contra...

AI summary The text defines several key terms related to energy contracts and cybersecurity requirements, including definitions for 'Cybersecurity Plan', 'Daily Energy Bid', 'Delivery Point', 'Dissolution Event', 'Early Completion Incentive', 'Early Termination Date', and 'Early Termination Payment'.

1.6 Preparation of Agreement p. p. 24
1.6 Preparation of Agreement The Parties acknowledge and agree that any doubt or ambiguity in the meaning, application or enforceability of any term or provision of the Agreement, including provisions relating to the validity, interpretati...

AI summary The Parties agree that any ambiguity in the Agreement's terms will not be interpreted against one Party due to the preparation or negotiation process, ensuring fair interpretation of obligations, rights, and remedies.

2.1 Design and Construction of the Project p. p. 26
2.1 Design and Construction of the Project - (a) The Seller shall perform, or cause to be performed, all activities necessary to complete the design, construction and commissioning of the Project at the Site using Good Utility Practice and...

AI summary The Seller is responsible for designing, constructing, and commissioning the Project at the Site in accordance with Good Utility Practice, applicable laws, and the Agreement. The Project must be completed by the Scheduled Commercial Operation Date and must be operated in compliance with the Agreement's requirements throughout its term.

10.4 Remedies of the Seller p. p. 52
ts payable by NSPI to the Seller and suspend the performance of its obligations under the Agreement including any obligation which is not otherwise suspended pursuant to Section [10.4(b).](#page-52-2) - (d) The Seller shall be entitled to...

AI summary This section outlines the remedies available to the Seller upon termination of the agreement, including the right to payment and the calculation of the Seller Claimable Amount based on the Facility's Expected Output or Net Output over a three-year period, adjusted for any deficiencies not caused by the Seller.

Disclaimer: These summaries were generated by AI from the filings they describe. We take care to make them accurate, but errors are possible - and they aren't advice. Only the filings themselves are the record: if you're relying on something here, confirm it against the source documents or the Nova Scotia Energy Board's own record. Full disclaimer →