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<br />to the resale or other distribution thereof, in whole or in part, and agrees that it will not transfer, sell or
<br />otherwise dispose of Subscriber’s Allocated Percentage in any manner that will violate applicable
<br />securities law;
<br />
<br />(b) Subscriber is not relying on (i) Operator, or (ii) other subscribers, or any of the
<br />employees, members of boards of directors (or equivalent body) or officers, of those parties, or
<br />this Agreement with respect to tax and other economic considerations involved in the Agreement
<br />
<br />(c) Subscriber’s Allocated Percentage, combined with any other distributed resources
<br />serving the Service Address, represents no more than 120 percent of Subscriber’s average annual
<br />consumption at the Service Address over the last twenty-four (24) months; and
<br />
<br />(d) Subscriber is a retail electric service customer of NSP and the Service Address is
<br />within the same county or contiguous county as the Solar System.
<br />
<br />(e) Subscriber is not exempt from the Solar Energy Standard under Minnesota Statutes
<br />Section 216B.1691, subd. 2f(d).
<br />
<br />8.3 Exclusion of Warranties. EXCEPT AS EXPRESSLY PROVIDED IN SECTIONS 3.1,
<br />4.1, 7.1, THIS SECTION 8, THE INSTALLATION WORK, SYSTEM OPERATIONS AND
<br />PERFORMANCE PROVIDED BY OPERATOR TO SUBSCRIBER UNDER THIS AGREEMENT
<br />SHALL BE “AS-IS WHERE-IS.” NO OTHER WARRANTY TO SUBSCRIBER OR ANY OTHER
<br />PERSON, WHETHER EXPRESS, IMPLIED OR STATUTORY, IS MADE AS TO THE
<br />INSTALLATION, DESIGN, DESCRIPTION, QUALITY, MERCHANTABILITY,
<br />COMPLETENESS, USEFUL LIFE, FUTURE ECONOMIC VIABILITY, OR FITNESS FOR ANY
<br />PARTICULAR PURPOSE OF THE SYSTEM OR ANY OTHER SERVICE PROVIDED
<br />HEREUNDER OR DESCRIBED HEREIN, OR AS TO ANY OTHER MATTER, ALL OF WHICH
<br />ARE EXPRESSLY DISCLAIMED BY OPERATOR.
<br />
<br />9. TAXES AND GOVERNMENTAL FEES. Operator is responsible for all income, gross receipts, ad
<br />valorem, personal property or real property or other similar taxes and any and all franchise fees or
<br />similar fees assessed against it due to its ownership of the System. Operator is not obligated for any
<br />taxes payable by or assessed against Subscriber based on or related to Subscriber’s overall income or
<br />revenues.
<br />
<br />10. FORCE MAJEURE.
<br />
<br />10.1 Definition. “Force Majeure Event” means any act or event that prevents the affected
<br />Party from performing its obligations in accordance with the Agreement, if such act or event is beyond
<br />the reasonable control, and not the result of the fault or negligence, of the affected Party and such
<br />Party had been unable to overcome such act or event with the exercise of due diligence (including the
<br />expenditure of reasonable sums). Subject to the foregoing conditions, “Force Majeure Event” shall
<br />include the following acts or events: (i) natural phenomena, such as storms, hurricanes, floods,
<br />lightning, volcanic eruptions and earthquakes; (ii) explosions or fires arising from lightning or other
<br />causes unrelated to the acts or omissions of the Party seeking to be excused from performance; (iii)
<br />acts of war or public disorders, civil disturbances, riots, insurrection, sabotage, epidemic, terrorist acts,
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