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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. We determine that the new address, including the prior electrical usage at that <br />address, will allow for the transferred CSG Allocation to continue to meet the <br />applicable Eligibility Requirements. <br /> <br />(b) If during the Term you move from or sell an Eligible Address and are no longer the NSP <br />account-holder at that address, and you are not relocating to a new Eligible Address or <br />do not have sufficient subscription capacity at another Eligible Address, before moving <br />you must either: <br /> <br />i. Sell or transfer the relevant portion of your CSG Allocation in accordance with <br />Section 6.2. If requested by you, we will use commercially reasonable efforts for <br />up to one hundred eighty (180) days to assist you in this process; or <br />ii. Cancel the relevant portion of your CSG Allocation pursuant to Section 10.1 (a)(iii) <br />below. <br /> <br />(c) You are obligated to maintain compliance with the applicable Eligibility Requirements <br />and to notify us if you plan to be out of compliance. You acknowledge that your failure <br />to maintain compliance with the applicable Eligibility Requirements may result in NSP <br />not paying you Bill Credits and our cancellation of the relevant CSG Allocation. <br /> <br />(d) This Agreement confers to us no right to interfere with, or require our consent to, your <br />sale or transfer of your real property, or to Xcel tariff provisions related to the <br />subscribed Premises. <br /> <br />ARTICLE 7 <br />FINANCING <br /> <br />7.1 Consent. We may, without your prior consent, in whole or in part, (i) assign, mortgage, <br />pledge or otherwise collaterally assign our interests in this Agreement and the Project to any Financing <br />Party, (ii) directly or indirectly assign this Agreement and the Project to a Project Owner or an affiliate or <br />subsidiary of ours, (iii) assign this Agreement and the Project to any entity through which we are <br />obtaining financing or capital for the Project; and (iv) assign this Agreement and the Project to any <br />person succeeding to all or substantially all of our assets. In the event of any such assignment (other <br />than a collateral assignment), we shall be released from all our liabilities and other obligations under <br />this Agreement upon assumption of our obligations hereunder by the assignee. However, any <br />assignment of our rights and/or obligations under this Agreement shall not result in any change to your <br />rights and obligations under this Agreement. A Financing Party may assign its interest at any time, and <br />without your consent, to another person or another Financing Party. If the Financing Party or its <br />successor becomes the owner of our interest by foreclosure or otherwise, it may sell or transfer that <br />interest to any third party without your consent. We must provide notice to you of any assignment or <br />reassignment of this Agreement to any Financing Parties. <br /> <br />7.2 Changes. You acknowledge that we may obtain construction and long-term financing <br />from one or more Financing Parties. Both Parties agree in good faith to consider and to negotiate <br />changes or additions to this Agreement that may be reasonably requested by the Financing Parties; <br />provided, that such changes do not alter the fundamental economic terms of this Agreement. In <br />connection with any assignment by us (or the Financing Parties, as described below), you agree to <br />execute any consent, estoppel or acknowledgement in form and substance reasonably acceptable to the <br />50
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