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CC PACKET 06262018
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CC PACKET 06262018
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6/27/2018 8:13:42 AM
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ii. Copy of the solar module warranty; <br />iii. Certificate(s) of insurance; and <br />iv. Long-term maintenance plan. <br /> <br />(b) We will provide you with any other information that you may request, or that we may <br />be required to deliver, under the CSG Tariff. <br />(c) You agree to sign an acknowledgment of receipt of any such materials. <br /> <br />5.4 Information Sharing. The Parties acknowledge the Agency Agreement contains certain <br />provisions relating to “Subscriber Account Information” and “Subscriber’s Energy Use Data” and agree <br />to adhere to those provisions. <br /> <br />5.5 Fair Disclosure. You acknowledge that, prior to entering into this Agreement and <br />becoming a Subscriber, we fairly disclosed to you the future potential costs and benefits of your <br />Subscription and provided you with a copy of the SRC Contract. US Solar will comply with all other <br />requirements of the MPUC and CSG Tariff with respect to communications with you. <br /> <br />5.6 Taxes. You recognize that neither we nor NSP makes any representations or warranties <br />concerning the taxable consequences, if any, to you with respect to your Bill Credits, your Sunscription <br />Payments, or your participation in the Project. We are responsible for paying the Minnesota Solar <br />Energy Production Tax, if any, as in effect as of the Effective Date under Minnesota Statutes 272.0295. <br />We are also responsible for all income, gross receipts, ad valorem, personal property or real property or <br />other similar taxes and any and all franchise fees or similar fees assessed against us due to our <br />ownership of the Project. We are not obligated for any taxes payable by or assessed against Project <br />Subscriber based on or related to Project Subscriber’s overall income or revenues. You are responsible <br />to either pay or reimburse us for any and all other Taxes assessed on the sale, delivery, or consumption <br />of your Subscribed Energy or your Bill Credits. <br /> <br />5.7 Securities Laws. Neither we nor NSP makes any representations or warranties <br />concerning the implication of any federal or state securities laws with respect to this Agreement or your <br />CSG Allocation. Neither this Agreement nor your CSG Allocation has been registered under the <br />Securities Act of 1933, as amended, or any state securities laws. US Solar does not believe this <br />Agreement or the CSG Allocation constitute a security governed by such laws but, in the event any such <br />securities laws may apply. Project Subscriber agrees that it is not entering into this Agreement or <br />acquiring the Bill Credits for the purpose of making a market in such interests or trading them on any <br />securities market or equivalent thereof which might fall within the scope of such laws. You are urged <br />to seek your own professional advice on these matters. <br /> <br />ARTICLE 6 <br />TRANSFERABILITY <br /> <br />6.1 General. This Agreement and your Bill Credits are Project Subscriber property. Your <br />ability to continue to receive Bill Credits is dependent upon your continuing compliance with the <br />applicable Eligibility Requirements and your payment of the Sunscription Payments. This Agreement <br />and the Bill Credits are transferable only as set forth below. This Agreement and the Bill Credits are not <br />transferable by you, whether voluntarily or by operation of law, at any time when you are in default <br />under this Agreement, unless as approved by US Solar. <br /> <br />48
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