CC PACKET 05242016 - Laserfiche WebLink

Home Browse Search

4 Delivered Energy in a given month, as described in Exhibit C. “Stated Rate” means a rate per annum of 1.5%. “System” or “Solar System” means the integrated assembly of photovoltaic panels, mounting assemblies, inverters, converters, metering, lighting fixtures, transformers, ballasts, disconnects, combiners, switches, wiring devices and wiring, more specifically described in Exhibit C. “System Operations” means Operator’s operation, maintenance and repair of the System performed in accordance with the requirements of this Agreement. “Tariff” means the Solar*Rewards Community Program tariff in NSP’s rate book. “Termination Fee” means a fee payable by Subscriber equal to (x) the net present value of the Subscriber’s remaining payments to Operator under the Agreement (based on the Estimated Annual Delivered Energy) minus (y) the net present value of remaining payments to Operator for Subscriber’s Allocated Percentage of Estimated Annual Delivered Energy at the Unsubscribed Energy Rate using a discount rate of five and one half percent (5.5%); provided that such Termination Fee shall not be less than zero. The Termination Fee for each year of the Term based on Subscriber’s Allocated Percentage as of the Effective Date is listed in Exhibit F. “Unsubscribed Energy Rate” means $0.034 per kWh, which is the blended rate NSP pays for unsubscribed Delivered Energy under rate code A51 in NSP’s rate book in effect on the Effective Date. 2. TERM AND TERMINATION. 2.1 Effective Date. This Agreement is effective upon signature by authorized representatives of both Parties to the Agreement. 2.2 Term. The term of the Agreement begins on the Effective Date and continues for 25 years from the Commercial Operation Date (or such other time period as specified in writing by the Parties), unless terminated earlier under the provisions of this Agreement. Without limiting either Party’s termination rights elsewhere in this Agreement, this Agreement will terminate if (i) Subscriber has moved out of or relocated from the county in which the Solar System is located or a contiguous county or relocated from the NSP service territory, and has not, within 90 days after such move or relocation, assigned this Agreement in accordance with the provisions of Section 12.3, or (ii) the PPA is otherwise terminated. 2.3 Termination Before Commercial Operation. If any of the following events or circumstances occurs before the Commercial Operation Date, either Party may terminate the Agreement immediately upon written notice, in which case neither Party will have any liability to the other except for any liabilities that accrued before termination. (a) After timely application to NSP and best efforts to secure interconnection services, Operator has not received evidence that interconnection services will be available for the energy generated by the Solar System. (b) If NSP or another party with the authority to do so, disqualifies the Operator or the facility 54