17.8 Costs and Expenses 22 17.9 Further Assurances 22 17.10 Supervening Legislation 22 17.11 Severability 22 17.12 Entire Agreement 23 17.13 Confidential Information 23 17.14 No other representations or warranties 23 17.15 Counterparts 23 17.16 Governing Law & Jurisdiction 23 17.17 No partnership, agency or trust 23 Schedule 1 –Scheduled Reserve (Generation Increase) 24 Annexure to Schedule 1 - Conditions Precedent 32 Schedule 2 –Scheduled Reserve (Load Reduction) 33 Annexure to Schedule 2 - Conditions Precedent 42 Schedule 3 –Unscheduled Reserve (Generation Increase) 43 Annexure to Schedule 3 - Conditions Precedent 51 Schedule 4 –Unscheduled Reserve (Load Reduction) 52 Annexure to Schedule 4 - Conditions Precedent 62 Signing page 63
Unavailability of Reserve If, at any time, the Reserve Provider considers that reserve equipment is, or will become, incapable of providing reserve in accordance with the contracted levels of performance, it must notify AEMO immediately specifying: which reserve the notice applies to; when the reserve equipment became, or will become, incapable of providing the reserve; how long the Reserve Provider expects the incapability to continue; and the cause of the incapability. Spot Market Transactions Neither the Reserve Provider, nor any other party, will be entitled to spot market revenue associated with the provision of reserve. If requested by AEMO, the Reserve Provider will participate in the spot market as AEMO’s agent and account to AEMO for any spot market revenue associated with the reserve, or AEMO may set off that spot market revenue against an amount due to the Reserve Provider under this Agreement. Third party reserve The Reserve Provider must obtain written confirmation from each third party and end user contracted by the Reserve Provider to provide reserve confirming that the reserve is not and will not be: offered to the market through any other means; provided or available to be provided pursuant to any other arrangement or agreement, including any demand side management arrangement or agreement, during the period for which reserve is contracted under a reserve contract. Every 3 months from the commencement date the Reserve Provider must provide to AEMO an updated list of NMI’s and datastreams to be used to provide reserve in accordance with this Agreement. Measurement and verification Measurement Measurement of the reserve provided under this Agreement must be made in accordance with the Schedule, and as provided by AEMO’s records and the Reserve Provider’s metering, measurement, supervisory and electronic data processing systems. Verification AEMO may verify that reserve is being provided in accordance with this Agreement using the process contemplated by the Schedule. Records, audits and inspections Type of Records The Reserve Provider must compile and maintain records concerning this Agreement, including the provision of reserve under this Agreement, records of electricity supply and demand side management agreements or arrangements or any network support agreements or arrangements affecting the reserve including the time, duration, quantity and amount of demand response or other services supplied or activated under any such agreement or arrangement, the operation and