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<br /> Cokato Unit 3
<br /> Met Council Ticket #5
<br /> Randomized Selection #266
<br />COMMUNITY SOLAR GARDEN SUBSCRIPTION AGREEMENT
<br /> Cokato Solar Garden Unit 3
<br />WHEREAS, SolarStone Community LLC (“Operator”) intends to construct, install,
<br />own, operate, and maintain a solar photovoltaic System at the Premises described on
<br />Schedule 1;
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<br />WHEREAS, the Parties intend that, pursuant to the Tariff and the Power Purchase
<br />Agreement (“PPA”), the System will qualify as a Community Solar Garden and will generate Bill
<br />Credits to be applied to Subscriber’s monthly invoices from Northern States Power for the retail
<br />electric services at the addresses listed in Schedule #1 (the “Service Address”);
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<br />WHEREAS, the City of St Anthony Village, a body politic and corporate, by and through the
<br />City of St Anthony Village, having an address at 3301 Silver Lake Road, St. Anthony, Minnesota,
<br />55418, (“Subscriber”) is willing to purchase, or pay to be allocated, Subscriber’s Allocated Percentage
<br />as described in Exhibit C of the Delivered Energy to be generated by the System commencing on the
<br />Commercial Operation Date and continuing through the Term, and Operator is willing to sell, or cause
<br />to be allocated, Subscriber’s Allocated Percentage of the Delivered Energy to be generated by the
<br />System to Subscriber commencing on the Commercial Operation Date and continuing through the
<br />Term, as provided under the terms of this Agreement;
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<br />NOW THEREFORE, in consideration of the foregoing recitals, mutual promises set
<br />forth below, and other good and valuable consideration, the receipt and sufficiency of which are
<br />hereby acknowledged, the Parties hereby agree as follows:
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<br />1. DEFINITIONS.
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<br />1.1 Definitions. Capitalized terms are defined as follows:
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<br />“Affiliate” means, with respect to any specified Person, any other Person directly or
<br />indirectly controlling, controlled by or under common control with such specified Person.
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<br />“Agreement” means the Community Solar Garden Subscription Agreement which consists of this
<br />agreement and all exhibits.
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<br />“Applicable Law” means, with respect to any Person, any constitutional provision, law, statute, rule,
<br />regulation, ordinance, treaty, order, decree, judgment, decision, certificate, holding, injunction,
<br />registration, permit, authorization, guideline, Governmental Approval, consent or requirement of
<br />any Governmental Authority having jurisdiction over such Person or its property, enforceable at law
<br />or in equity, including the interpretation and administration thereof by such Governmental
<br />Authority.
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