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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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Financing Parties. If this Agreement applies to more than one Project, you also agree to execute a <br />separate Agreement for each Project if requested by us in connection with such assignment. <br /> <br />7.3 Notice and Opportunity to Cure. You may not terminate or suspend your performance <br />due to our Event of Default unless you have given the Financing Parties prior written notice of your <br />intent to so terminate or suspend this Agreement. In your notice you will describe the circumstances <br />giving rise to our default, and provide the Financing Parties with the opportunity to cure the default <br />within thirty (30) days after receipt of such notice or any longer period provided for in this Agreement. <br />If our default reasonably cannot be cured by the Financing Parties within the period provided and the <br />Financing Parties commence and pursue to cure of such default within that period, the period for cure <br />will be extended for a reasonable period of time under the circumstances, but not to exceed an <br />additional sixty (60) days. The Parties’ respective obligations under this Agreement will otherwise <br />remain in effect during the cure period. If the Financing Parties or an assignee (including any buyer or <br />transferee) acquires title to or control of our assets and within the applicable time periods cures all <br />defaults under this Agreement existing as of the date of such change in control in the manner required <br />by this Agreement and which are capable of cure by a third party or entity, then such Financing Parties <br />or third party transferee will no longer be in default under this Agreement, and this Agreement will <br />continue in full force and effect. <br /> <br />ARTICLE 8 <br />PRIVACY; CONFIDENTIALITY; TRADE SECRET; PUBLICITY <br /> <br />8.1 Subscriber Data. Other than in accordance with the Agency Agreement, US Solar will <br />not disclose Project Subscriber’s Account Information, Subscriber Energy Usage Data, Bill Credits or any <br />other personal information of Project Subscriber to any person except (i) to NSP, to the extent required <br />by Applicable Laws or the SRC Contract, for the purpose of administration of the Project, Project CSG <br />eligibility, and Project Subscriber CSG eligibility; (ii) to attorneys, accountants, advisors, and agents of US <br />Solar to the extent necessary for them to render advice or perform professional services associated with <br />the Project or this Agreement; (iii) as otherwise required by Applicable Laws. US Solar is not requesting, <br />and Project Subscriber agrees not to provide US Solar without US Solar’s consent, any “private data on <br />individuals,” “confidential data on individuals” or other “not public data” on individuals, as those terms <br />are used and defined the Minnesota Data Practices Act. <br /> <br />8.2 Trade Secret Information. We may provide data that we designate as trade secret to <br />you. Under Minnesota Statutes section 13.37, subdivision 1(b), you are responsible for determining <br />whether data marked as trade secret by us qualifies as trade secret under the law. For data that you <br />determine is trade secret, you will not share the data with any other person or entity except as required <br />by law. If you receive a request under the Minnesota Government Data Practices Act for access to data <br />that we designated as trade secret but you have determined is not trade secret, then you will use best <br />efforts to give us 10 days’ notice before releasing the data in order to permit us to exercise whatever <br />legal remedies are available to prevent disclosure. <br /> <br />8.3 Publicity. The Parties will endeavor to coordinate and cooperate with each other when <br />making public announcements related to the execution and existence of this Agreement or related to <br />Project Subscriber’s participation in a Project. When feasible, each Party will endeavor to provide any <br />publicity materials, press releases or other public statements to the other Party for review and <br />comment. The Parties agree to the use of each other’s logos in their respective marketing materials in <br />the context of listing counterparties with whom a Party has transacted. <br /> <br />51
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