CC PACKET 05242016 - Laserfiche WebLink

Home Browse Search

9 (d) Interconnection Fees. Operator is responsible for all costs, fees, charges and obligations required to connect the System to the NSP distribution system, including fees associated with system upgrades, production, and operation and maintenance carrying charges, as provided in the Interconnection Agreement (“Interconnection Obligations”). In no event shall Subscriber be responsible for any Interconnection Obligations. (e) Compliance with PPA, Tariff and Interconnection Agreement . Operator shall cause the System to be designed, installed and operated in compliance with the PPA, the Tariff and the Interconnection Agreement. (f) The PPA requires that Operator (as opposed to NSP) is responsible for answering all questions from Subscriber regarding its participation in the Solar System. Operator is solely responsible for resolving disputes with NSP or Subscriber regarding the accuracy of Subscriber’s Allocated Percentage and the Delivered Energy allocated to Subscriber in connection therewith. Notwithstanding the foregoing, Subscriber acknowledges that NSP is responsible for resolving disputes with Subscriber regarding the applicable rate used to determine the Bill Credit. (g) The Operator is duly organized and validly existing and in good standing in the jurisdiction of its organization, and authorized to do business in the State of Minnesota. 7.2 Subscriber’s Covenants. Subscriber covenants and agrees as follows: (a) Consents and Approvals. Subscriber will ensure that any authorizations required of Subscriber under this Agreement are provided in a timely manner. To the extent that only Subscriber is authorized to request, obtain or issue any necessary approvals, rebates or other financial incentives, Subscriber will cooperate with Operator to obtain such approvals, rebates or other financial incentives. (b) Subscriber Agency and Consent Form. On the Effective Date, Subscriber will execute and deliver to Operator a Subscriber Agency Agreement and Consent Form in the form attached hereto as Exhibit A. Subscriber acknowledges that such agreement is required of Subscriber pursuant to the PPA. 7.3 Minimum Production; Lost Production Payments. (a) Estimated Annual Delivered Energy is calculated by multiplying estimated output from the System (using PVSYST software) by the availability factor estimated by Operator while allowing for a 0.7% annual degradation of the System. The Subscriber’s Estimated Annual Delivered Energy is the Subscriber’s Allocated Percentage multiplied by the Estimated Annual Delivered Energy delivered by the System. (b) Operator hereby guarantees that the Subscriber’s Allocated Percentage of Delivered Energy will be at least eighty five percent (85%) of the Subscriber’s Estimated Annual Delivered Energy (the “Guaranteed Output”); provided that the Estimated Annual Delivered Energy shall be adjusted for (i) 59