2016.05.16 CC Packet - Laserfiche WebLink

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b. ANCSGI shall maintain the Facility in good working order at all times during the Term, and shall operate the Facility in a manner reasonably intended to maximize the amount of Credits allocable to Subscriber, consistent with good custom and practice for operation of utility generating facilities. 3. Sale and Purchase of Credits: Allocation. a. ANCSGI shall promptly notify Subscriber of the Date of Commercial Operation of the Facility as established pursuant to the CSG Contract ("Commercial Operation Date"). In the event that the Commercial Operation Date is not achieved by December 31, 2017, and any of the following events or circumstances occur, either Party may terminate this Agreement, without liability, upon delivery of such notice to the other Party: i. after timely application to the LDC (or other applicable distribution service provider whose system the Facility connects to deliver energy (the "Distribution Provider") and commercially reasonable efforts to secure interconnection services, ANCSGI has not received written confirmation and evidence that interconnection services will be available for the energy generated by the Facility at the Facility Capacity; or ii. if the LDC or another party with the authority to do so disqualifies ANCSGI or the Facility from participating in the CSG Program. b. ANCSGI shall allocate a portion of Facility Capacity to Subscriber consisting of 88.486 kWnC (subject to update by ANCSGI in connection with finalizing the Facility Capacity) equal to six and nine tenths percent (6.9%) of Facility Capacity (the "Allocation"). ANCSGI shall provide to LDC the Allocation along with Subscriber's name, LDC account number(s), and service address(es) ("Subscriber Data"). C. ANCSGI shall sell to Subscriber and Subscriber shall purchase from ANCSGI, the right to receive an amount of Credits calculated on the basis of that portion of the total kilowatt hours (in AC) delivered by the Facility to LDC which corresponds to the Allocation. The Allocation shall be effective for each and every LDC Production Month (as defined in the CSG Contract) during the Term. ANCSGI shall post Credits to Subscriber's account monthly for invoicing pursuant to Section 4 of this Agreement ("Subscriber's Monthly Credits"). Thus, where x = # of Credits, y = kWhAc delivered in a Production Month, and a Allocation, x =y x a. 4. Price and Pa ment. a. For the right to receive Credits generated by the Facility each month, Subscriber shall pay to ANCSGI an amount equal to the product of (i) the corresponding Subscriber's Monthly Credits, and (ii) the Bill Credit Rate then applicable to the LDC's Solar Rewards Community Program minus one cent ($.01) (the "Monthly Allocation Payment'). b. Beginning with the second calendar month following the Commercial Operation Date, ANCSGI shall invoice Subscriber, utilizing Subscriber's preferred invoicing service, for the Monthly Allocation Payment for the Credits posted to Subscriber's account since the prior invoice date. Subscriber shall make its payments to ANCSGI no later than thirty (30) 2