Schedule 2 Conditions precedent

The conditions precedent are—

(1)

that planning permission and all necessary consents (including any necessary wayleave consents), easements and rights to enable any relevant non-fossil fuel generating station to be constructed and operated in accordance with and as contemplated by the terms of the relevant arrangements have been granted;

(2)

that planning permission and all necessary consents (including any necessary wayleave consents), easements and rights to enable the Company to comply with its obligations as contemplated by the terms of the relevant arrangements have been granted;

(3)

that the operator of any relevant non-fossil fuel generating station has entered into, and there has come into force, an agreement providing for the connection of such station to a system of electric lines and electrical plant operated by the Company;

(4)

that the operator of any relevant non-fossil fuel generating station is authorised by exemption or licence granted under Part II of the Electricity (Northern Ireland) Order 1992 to generate electricity and to convey electricity from the place at which it is generated to the point of delivery for the purposes of the relevant arrangements;

(5)

that there have been satisfactorily completed such procedures and tests as from time to time constitute usual industry standards and practices for commissioning a relevant non-fossil fuel generating station in order to:—

(a)

demonstrate that the relevant non-fossil fuel generating station is capable of commercial operation for the purposes of the relevant arrangements;

(b)

establish the external physical conditions outside the control of the operator which are necessary for the operation of such station or which control the amount of electricity produced by the station; and

(c)

establish the operating parameters within which such station can be operated in accordance with practices, methods and procedures which are or should be adopted by a person exercising that degree of judgement, skill, diligence and foresight which would ordinarily and reasonably be expected from a skilled and experienced operator engaged in the business of operating such a station lawfully.