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Textová podoba smlouvy Smlouva č. 29070112: Fourth Amendment to the Intraday Operations Agreement (IDOA)

Příloha 9) 20231121_Exhibit 16 IDOA (Suspension due to IDA Go Live failure)_annex9_4th IDOA amendment.pdf

Upozornění: Text přílohy byl získán strojově a nemusí přesně odpovídat originálu. Zejména u strojově nečitelných smluv, kde jsme použili OCR. originál smlouvy stáhnete odsud

                        Fourth Amendment to the Intraday Operations Agreement (IDOA) – Annex 9:
Adapted Exhibit 16 to the IDOA – IDA Suspension due to Go-Live failure
Confidential

         Annex 9 to the Fourth Amendment to the Intraday Operations
                                             Agreement (IDOA):

 Adapted Exhibit 16 to the IDOA – IDA Suspension due to Go-Live failure

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Fourth Amendment to the Intraday Operations Agreement (IDOA) – Annex 9:
Adapted Exhibit 16 to the IDOA – IDA Suspension due to Go-Live failure
Confidential

   IDA Suspension due to Go-Live failure

IDA Suspension means the situation where the MCSC decides to stop operations
of the SIDC/IDA and to return to the situation before Initial IDA Go-Live. A decision
on IDA Suspension may be taken by MCSC upon recommendation of OPSCOM.

A decision to IDA Suspension can only be taken within a period of 7 days starting
at Initial IDA Go-Live (the “Monitoring Period”). SIDC/IDA Suspension would be
achieved in the XBID System by suspension of IDAs instances created by TSOs in
CMM.

• Each Operational Party shall individually decide how to organise at the local
    level, the consequences of such SIDC/IDA Suspension

SIDC/IDA Suspension shall apply until MCSC decides to end the SIDC/IDA
Suspension as set forth below. Parties shall take all efforts to bring back the
operation of SIDC/IDA as soon possible.

During SIDC/IDA Suspension, all the rights and obligations of the Parties related
to operations for SIDC/IDA under the Agreement shall be suspended to the extent
that they apply to SIDC/IDA, such as but not limited to:

-  Article 7 (Operations) and except for provision regarding SIDC/IDA

   Suspension in Article 7.1.5;

-  Article 8 (Go-Live);

-  Article 9 (Firmness of capacity); and

-  Article 10 (Harmonization of maximum and minimum clearing prices) to

   the extent the Article provisions apply to SIDC/IDA.

-  Exhibit 6 Joint SIDC Procedures.

For the avoidance of doubt, such suspension shall not apply to the cost sharing
and settlement obligations of the Parties, in respect of costs related to operations
for SIDC/IDA which cannot (on a Best Efforts basis) be avoided during such
suspension, such as but not limited to costs related to the PCR Assets Service
Providers.

In case of any doubt whether a provision of the Agreement or any part of its
Exhibits shall be suspended, MCSC shall decide on such matter.

A suspension may be recommended by OPSCOM to MCSC in the following cases:

• 4 consecutive IDA sessions are cancelled within a period of 7 days starting
    at Initial IDA Go-Live; or

• The share of cancelled IDA sessions calculated per 3 days within a period of
    7 days starting at Initial IDA Go-Live is higher than 66%

• Any other case in which SIDC/IDA Suspension, according to OPSCOM,
    should be decided by the MCSC. In this case OPSCOM shall provide a
    detailed description of the reasons justifying SIDC/IDA Suspension

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Fourth Amendment to the Intraday Operations Agreement (IDOA) – Annex 9:
Adapted Exhibit 16 to the IDOA – IDA Suspension due to Go-Live failure
Confidential
In case the OPSCOM recommends a SIDC/IDA suspension, the SIDC/IDA
suspension will be implemented if not objected by any MCSC member within 24
hours after the recommendation of the OPSCOM to suspend was communicated to
MCSC.
Further practicalities of SIDC/IDA Suspension activation and of the preparations
for a relaunch of the SIDC/IDA and related communication, shall be established in
due time and approved by the MCSC (it being understood that such decision on
the further practicalities shall apply without the need of incorporating it in this
Exhibit or in any other Exhibit to the Agreement).
Only the MCSC shall decide to end the SIDC/IDA Suspension and revert to the
operation of the SIDC/IDA.

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