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CC PACKET 05242016
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CC PACKET 05242016
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5/25/2016 1:54:57 PM
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ii. That Project becomes ineligible, in whole or in part, as a CSG during the Term and <br />the related SRC Contract is terminated, and additional Project capacity does not <br />exist; or <br />iii. You become aware that, due to relocation or other material changes, your CSG <br />Allocation will no longer satisfy the applicable Eligibility Requirements and you <br />elect not to sell or transfer, or cannot sell or transfer, your CSG Allocation to <br />another eligible NSP customer. <br />iv. Before the Project’s CSG application is deemed complete by NSP, if the legislature, <br />MPUC, NSP, or any other entity significantly reduces the credit base rate, or basis <br />of escalation of that rate from that anticipated at the time of acceptance of the <br />proposal by you. <br /> <br />(b) We may cancel all or part of your CSG Allocation relating to a particular Project to the <br />extent that: <br /> <br />i. You fail to meet the applicable Eligibility Requirements at any time during the <br />Term; <br />ii. Your CSG Allocation is transferred by operation of law as defined in Section 10.7 to <br />an ineligible person or entity and is not sold to an eligible transferee within the <br />time provided; <br />iii. Prior to the start of Project construction, we are not able to confirm your <br />creditworthiness; or <br />iv. Prior to the start of Project construction, we determine we are unable to develop <br />the Project under commercially reasonable terms, including, but not limited to, <br />NSP disallowing the development of Project(s), NSP imposes costs in excess of the <br />average for approved Projects, or additional Project capacity does not exist. <br /> <br />(c) Cancellation will be effective upon written notice by the cancelling Party to the other <br />Party, including a description of the circumstances giving rise to the Cancellation Event <br />and the specific portion of CSG Allocation canceled. <br /> <br />10.2 Events of Default. Each of the following events shall be an Event of Default under this <br />Agreement: <br /> <br />(a) A Party breaches any material representation or warranty or fails to perform a material <br />obligation set forth in this Agreement and does not cure such breach or failure within <br />thirty (30) days of written notice of the breach from the non-defaulting Party. <br /> <br />(b) With respect to Project Subscriber, failure to make any Sunscription Payment when due, <br />and failure to cure the default within thirty (30) days after written notice of such failure <br />from US Solar. <br /> <br /> <br />10.3 Cancellation Remedies. <br /> <br />(a) In the case of a cancellation pursuant to Sections 10.1(a)(i) or (ii) or 10.1(b)(iii) or (iv), <br />you will owe nothing with respect to the amount of CSG Allocation cancelled. <br /> <br />93
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