CC PACKET 05242016 - Laserfiche WebLink

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7 (a) Subscriber’s purchase does not include Environmental Attributes or Solar Incentives; (b) Subscriber disclaims any right to Solar Incentives or Environmental Attributes based upon the installation of the System, and to avoid any conflicts with fair trade rules regarding claims of solar or renewable energy use and to help ensure that Environmental Attributes will be certified by Green-e® or a similar organization Subscriber will, at the request of Operator, execute documents or agreements reasonably necessary to fulfill the intent of this Section; and (c) Without limiting the foregoing, Subscriber agrees that NSP will acquire from Operator under the PPA all energy generated by the Solar System and may, as provided for in the PPA, acquire all Renewable Energy Credits (as defined in the PPA) associated with the Solar System. If the Renewable Energy Credits (as defined in the PPA) associated with the Solar System are acquired by NSP, Operator will notify the Subscriber of the acquisition. Operator and Subscriber agree not to make any statement contrary to NSP’s ownership. 5.4 Title to System. Throughout the Term, Operator or Operator’s Financing Party is the legal and beneficial owner of the System at all times, and the System will remain the personal property of Operator or Operator’s Financing Party. 5.5 Obligations of Parties. The Parties will work cooperatively and in good faith to meet all Community Solar Garden program requirements under Applicable Law, the PPA and the Tariff, including applicable interconnection and metering requirements. The Parties agree that beginning on the Commercial Operation Date (a) Operator will transmit all of the Delivered Energy into the NSP system for the benefit of Subscriber, and (b) Subscriber shall be entitled to all Bill Credits issued by NSP resulting from such transmission and corresponding with Subscriber’s Allocated Percentage. 6. PRICE AND PAYMENT. 6.1 Consideration. Subscriber shall pay to Operator a monthly payment (“Payment”) for Subscriber’s Allocated Percentage of Delivered Energy beginning on the Commercial Operation Date and continuing through the Term. Subscriber will pay a price of $0.1220 per Kilowatt Hour (“kWh Rate”), with a (1%) annual escalation for the term of this Agreement. 6.2 Invoices. Operator shall invoice Subscriber within 30 days of the last Business Day of each calendar month (each such date on which an invoice is issued by Operator to Subscriber, an “Invoice Date”) for the Payment in respect of Subscriber’s Allocated Percentage of Delivered Energy during the immediately preceding calendar month. Subscriber’s first invoice under this Agreement shall be for the first full calendar month after the Commercial Operation Date. Subscriber shall (i) neither receive nor be entitled to any Bill Credits associated with Delivered Energy prior to the Commercial Operation Date, and (ii) have no obligation to make or any liability for Payments for Delivered Energy prior to the Commercial Operation Date. If the first month of commercial operation is less than a full calendar month, the Operator will bill Subscriber for any Delivered Energy on the invoice for the first full calendar month of operation. 57