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(d) US Solar ensuring compliance with the Community Solar Garden Statutory <br />Requirements (“Eligibility Requirements”), which include eligibility requirements <br />relating to both the Project and Subscribers. <br /> <br />2.2 Subscriber Agency Agreement and Consent Form. Attached to the SRC Contract is a <br />Subscriber Agency Agreement and Consent Form (“Agency Agreement”) that you will be required to <br />sign. The form of the Agency Agreement is attached as Exhibit G. Among other things, the Agency <br />Agreement provides for the assignment of energy and RECs to NSP and provides information regarding <br />the following: <br /> <br />(a) Data access, control, and disclosure; <br />(b) Contacting NSP about certain questions regarding your Bill Credits; and <br />(c) Contacting US Solar about questions regarding this Agreement, NSP’s data policies, and <br />Project-related items. <br /> <br />ARTICLE 3 <br />ELIGIBILITY AND EXCESS BILL CREDIT PURCHASE <br /> <br />3.1 Eligibility Data. You acknowledge that the account data contained in Exhibit H is <br />complete and accurate and that US Solar may use the data for purposes of confirming your conformance <br />with the applicable Eligibility Requirements. You agree to provide US Solar and the applicable Project <br />Owner with any additional information we request to determine, verify, or confirm your eligibility at any <br />time during the Term. <br /> <br />3.2 Authorization to Access Data. You authorize US Solar and the applicable Project Owner <br />to use all eligibility data set forth in Exhibit H, as well as your electric bills for each Eligible Address for <br />the most recent twenty-four (24) months, to assist US Solar and the applicable Project Owner in <br />confirming your eligibility. <br /> <br />3.3 Credit Information. Subject to the confidentiality and privacy provisions of Section 8.1, <br />you agree to provide US Solar with information reasonably necessary for US Solar, the Project Owner, or <br />its Financing Parties to confirm your creditworthiness. <br /> <br />3.4 Excess Bill Credit Purchase. As per the SRC Contract, any excess Bill Credits (i.e., Bill <br />Credits in a billing period that exceed the amount you owe NSP for your regular retail service in that <br />period) will be carried forward and credited against all charges for at least a twelve (12) month cycle. <br />Under the SRC Contract, NSP will be required to purchase from you all such Bill Credits with the billing <br />statement that includes the last day of February and restart the credit cycle the following period with a <br />zero credit balance. <br /> <br />ARTICLE 4 <br />US SOLAR RESPONSIBILITIES <br /> <br />4.1 Design and Implementation. We agree to develop, design, finance and construct the <br />Project(s), including, but not limited to, site acquisition, the filing of interconnection applications and <br />procurement of an interconnection agreement with NSP, the selection and procurement of Project <br />components, and the installation and testing of all Project components. <br /> <br />46