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CC PACKET 05242016
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CC PACKET 05242016
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<br />15 <br /> <br />Minnesota Community Solar Program Subscription Agreement substantially in the same form as this <br />Agreement, specifically including the representations and warranties in Section 8.2; and (iii) the value <br />of any consideration to be provided to Subscriber for assignment of this Agreement may not exceed the <br />aggregate amount of Bill Credits that have accrued to Subscriber, but have not yet been applied to <br />Subscriber’s monthly invoice(s) from NSP. <br /> <br />(c) Upon any assignment of this Agreement pursuant to this Section 12.3, Subscriber will <br />surrender all right, title and interest in and to this Agreement. Any purported assignment in contravention <br />of this Section 12.3 shall be of no force and effect and null and void ab initio. No assignment will extend <br />the Term of this Agreement. If Subscriber terminates its retail electric service with NSP or moves <br />outside of NSP territory without first transferring Subscriber’s Allocated Percentage to an eligible <br />transferee, Subscriber will forfeit its right to receive Bill Credits, but will continue to be responsible for <br />the Payments under this Agreement until Subscriber’s Allocated Percentage is transferred or this <br />Agreement terminates pursuant to its terms. <br /> <br />13. NOTICES. <br /> <br />13.1 Notice Addresses. Unless otherwise provided in the Agreement, all notices and <br />communications concerning the Agreement shall be in writing and addressed to the other Party (or <br />Financing Party, as the case may be) at the addresses below, or at such other address as may be <br />designated in writing to the other Party from time to time. <br /> <br />Subscriber: Operator: <br /> <br /> City of St Anthony Village NRG MN Community LLC <br />3301 Silver Lake Road c/o NRG Renew LLC <br />St. Anthony, MN 55418 5790 Fleet Street, Suite 200 <br />Carlsbad, CA 92008 <br />Attention: General Counsel <br /> <br />Financing Party: <br />[To be provided by Owner when known] <br /> <br /> <br />13.2 Notice. Unless otherwise provided herein, any notice provided for in the Agreement <br />shall be hand delivered, sent by registered or certified U.S. Mail, postage prepaid, or by commercial <br />overnight delivery service, or transmitted by email and shall be deemed delivered to the addressee or its <br />office when received at the address for notice specified above when hand delivered, upon confirmation of <br />sending when sent by email (if sent during normal business hours or the next Business Day if sent at any <br />other time), on the Business Day after being sent when sent by overnight delivery service, or 5 Business <br />Days after deposit in the mail when sent by U.S. mail. <br /> <br />13.3 Address for Invoices. All invoices under the Agreement shall be sent to the address <br />provided by Subscriber. Invoices shall be sent by regular first class mail postage prepaid. <br /> <br />14. DATA PRACTICES. <br /> <br />14.1 Data Practices. (a) Consistent with Minnesota Statutes, section 13.05, subdivision 6, if any data on <br />65
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