Examples of EE Capacity Payment in a sentence
For clarity, if the IESO terminates this Agreement for any reason other than in accordance with Section 3.2(f), including as a result of misrepresentation or fraud by the Participant, the IESO shall not be required to pay any further EE Capacity Payment and the Participant shall repay to the IESO any EE Capacity Payment received as of the date of termination.
The Participant shall not relinquish part of an EE Capacity Obligation and if the Participant relinquishes any or all of its EE Capacity Obligations it waives any right to receive and releases the IESO from any and all Claims it may have against the IESO in connection with or in any way arising from any EE Capacity Payment related to the relinquished EE Capacity Obligation(s).
Subject to the terms of this Agreement, the IESO shall pay to the Participant a EE Capacity Payment for each Obligation Period for which they have an EE Capacity Obligation and a M&V Report approved by the IESO, and received all other supporting documentation and evidence as required by this Agreement or as otherwise requested by the IESO.
In addition, if the IESO has reasonable grounds to commence a discussion, negotiation, or challenge, in any manner whatsoever, with a tax authority regarding the validity of any Applicable Taxes imposed on the EE Capacity Payment, the Participant shall provide such reasonable assistance as may be required by the IESO with such discussion, negotiation, or challenge.
In addition to the EE Capacity Payment, the IESO will pay any Applicable Taxes on the EE Capacity Payment, excluding, for certainty, any income taxes or Worker Safety Insurance Board amounts.
The termination of this Agreement by the IESO, and, if applicable, the return of EE Capacity Payment in accordance with Section 5.9, shall not limit, waive or extinguish in any way the recourse of the IESO to any remedies available to it in relation to such termination at law, in equity or otherwise, nor shall such termination affect any rights that the Indemnified Party may have pursuant to any indemnity given under this Agreement.
Without limiting the generality of the foregoing, if the Participant is entitled to receive a EE Capacity Payment pursuant to this Agreement after such expiration or termination, then the provisions of the Agreement applicable to such EE Capacity Payment will survive the termination or expiration of the Agreement.
Following the IESO’s approval of the Participant’s M&V Report in accordance with Section 5.3, the Participant shall submit to the system known as “Online IESO” an invoice for the EE Capacity Payment set out in the approved M&V Report and the IESO will transfer such funds via electronic funds transfer into the Participant’s bank account registered with the IESO in “Online IESO”.
The Participant will provide to the IESO sufficient supporting documentation, as requested by the IESO, to facilitate and support the IESO in claiming input tax credits in respect of the EE Capacity Payment.