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2016.05.16 CC Packet
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2016.05.16 CC Packet
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City Council
Document Type
Agenda/Packets
Meeting Date
5/16/2016
Meeting Type
Regular
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days following receipt of the applicable invoice. ANCSGI shall include with each invoice, a <br />copy of the LDC statement delivered to ANCSGI that indicates the kWhAc upon which the LDC <br />calculates the Credit to Subscriber. <br />5. Records and Audits. <br />a. Upon request by Subscriber, ANCSGI shall provide (i) evidence of the <br />accuracy of its metering equipment for the Facility and/or (ii) such other information and records <br />requested by Subscriber to enable Subscriber to verify the accuracy of the Credits awarded by <br />the LDC and any other calculation and/or measurements described in this Agreement. <br />b. ANCSGI shall provide reports to Subscriber (i) monthly, containing the <br />energy produced by the Facility, and (ii) annually, containing an audited financial statement of <br />ANCSGI, and a current statement of management, financing parties, and operatorship of <br />ANCSGI. Subscriber may provide comments to ANCSGI on the accuracy and completeness of <br />the annual reports, and shall provide a copy of any such comments to LDC. <br />C. As required by Minnesota Statutes, section 16C.05, subdivision 5, the <br />records, books, documents, and accounting procedures and practices of ANCSGI and of any <br />subcontractor of ANCSGI relating to work performed pursuant to this Agreement shall be <br />subject to audit and examination by the Subscriber and the Legislative Auditor or State Auditor <br />as described in such subdivision. ANCSGI and any subcontractor of ANCSGI shall permit, <br />upon reasonable advance written notice, the Subscriber or its designee to inspect, copy, and audit <br />its accounts, records, and business documents at any reasonable time during regular business <br />hours, as they may relate to the performance under this Agreement. Audits conducted by the <br />Subscriber under this provision shall be in accordance with generally accepted auditing <br />standards. <br />6. Taxes. <br />a. Subscriber shall be solely liable for sales or similar taxes imposed by a <br />governmental entity, if any, attributable to the sale of Credits allocated to the Subscriber. <br />b. Subscriber shall have no interest in and have no entitlement to claim any <br />investment tax credit or other tax benefits related to ownership of the Facility. <br />7. Representations, Warranties and Covenants. <br />a. Each Party represents and warrants to the other Party: <br />i. The Party is duly organized, validly existing, and in good standing <br />in the jurisdiction of its organization and is qualified to do business in the State of Minnesota; <br />ii. The Party has f=ull legal capacity to enter into and perform this <br />Agreement; <br />
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