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4.2 Application Process. We shall submit each Project to NSP for approval as a Community <br />Solar Garden (“CSG”) in accordance with the CSG Tariff and shall provide all information required by NSP <br />to determine the completeness of our application and technical viability of each Project. Once offered <br />by NSP, we (or the applicable Project Owner) shall enter into the SRC Contract, interconnection <br />agreement, and other agreements with NSP that may be necessary to qualify each Project as a CSG and <br />for the Project to operate and deliver energy to NSP. <br /> <br />4.3 Timeliness. In keeping with the time requirements set forth in the SRC Contract, we <br />shall use commercially reasonable efforts to finish construction and installation of each particular <br />Project within twenty four (24) months after NSP has deemed complete our CSG application with <br />respect to such Project. <br /> <br />4.4 Eligibility Compliance. US Solar is responsible for confirming compliance with the <br />Eligibility Requirements, including verification of the eligibility information you have provided to US <br />Solar. <br /> <br />4.5 Maintenance. We will maintain the Project in a prudent manner and in accordance <br />with industry standards throughout the Term. We will provide you with notice of any material repair or <br />replacement event that is reasonably anticipated to exceed one hundred eighty (180) days. <br /> <br />4.6 Insurance. We will maintain insurance consistent with the requirements of the SRC <br />Contract and/or any Financing Party, and shall use commercially reasonable efforts to name Project <br />Subscriber as an additional insured with respect to commercial general liability insurance procured in <br />connection therewith. <br /> <br />4.7 Performance Ratio Guarantee. Commencing at the end of the third calendar year <br />following the year in which the last Project reaches COD, we guarantee that the average annual <br />Subscribed Energy produced during the prior (3) calendar years (“Average Annual Production”), shall not <br />be less than eighty-five percent (85%) of your Estimate of Subscribed Energy, as enumerated in Exhibit <br />D, and as adjusted for weather and Force Majeure events (“Guaranteed Production”), for the applicable <br />calendar year. In the event your Average Annual Production does not equal or exceed the Guaranteed <br />Production, we will pay you an amount equal to one thousand dollars ($1,000.00) within forty five (45) <br />days following the end of the applicable calendar year. <br /> <br />ARTICLE 5 <br />FURTHER INFORMATION <br /> <br />5.1 Unsubscribed Energy. Unsubscribed Energy will be purchased by NSP from the Project in <br />accordance with the SRC Contract and Applicable Laws. <br /> <br />5.2 Reserves. US Solar will establish reserve funds available for use to maintain the Project <br />and pay Project operating expenses such as taxes, maintenance, insurance, and management services <br />for the Term. <br /> <br />5.3 Other Agreements and Documents. <br /> <br />(a) Upon your request we will provide the following when and as available: <br /> <br />i. Copy of the SRC Contract between NSP and the Project Owner; <br />47