CC PACKET 05242016 - Laserfiche WebLink

Home Browse Search

5 from participating in the Community Solar Garden Program. (c) Before the PPA is signed, if the legislature, PUC, NSP, or any other entity reduces the credit base rate, or basis of escalation of that rate from that anticipated at the time of acceptance of the proposal by the Subscriber. (d) If the State legislature dissolves the Subscriber; provided that Subscriber’s obligations under this Agreement are reassigned. 2.4 Termination for Unnecessary Delay in Achieving Commercial Operation. Operator agrees to achieve commercial operation within a commercially reasonable timeframe. If Operator does not achieve Commercial Operation within 2 years of the Effective Date, at Subscriber’s sole discretion, Subscriber may terminate this Agreement with 60 days’ written notice. If Subscriber terminates the Agreement under this provision, Subscriber will have no liability to the Operator except for any liabilities that accrued before the termination. 2.5 [Reserved.] 2.6 Termination Upon Mutual Agreement. This Agreement may be terminated at any time, for any reason, by mutual agreement of the Parties in writing. 2.7 Operator Conditions of the Agreement Prior to Installation. In the event that any of the following events or circumstances occur prior to the Commercial Operation Date, Operator may (in its sole discretion) terminate this Agreement, in which case neither Party shall have any liability to the other except for any such liabilities that may have accrued prior to such termination. (a) There has been a material adverse change, not reasonably knowable by the Operator prior to execution of the Agreement, in the (i) rights of Operator to construct the System on the Premises, or (ii) financial prospects or viability of the Solar System, whether due to market conditions, cost of equipment or any other reason. (b) After timely application to NSP and best efforts to secure interconnection services, Operator has not received evidence reasonably satisfactory to it that interconnection services will be available with respect to energy generated by the System. (c) Operator has determined that Subscriber is not Creditworthy. (d) Operator is unable to obtain financing for the System on terms and conditions reasonably satisfactory to Operator. (e) Subscriber’s representation and warranty contained in Section 8.2(d) is no longer true and correct. 3. CONSTRUCTION, INSTALLATION AND TESTING OF SYSTEM. 55