2016.05.16 CC Packet - Laserfiche WebLink

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iii. The execution of the Agreement has been duly authorized, and each person executing the Agreement on behalf of the Party has fall authority to do so and to fully bind the Party; and iv. To the best of its knowledge, there is no litigation, action, proceeding or investigation pending before any court or other Governmental Authority by, against, affecting or involving its ability to carry out the transactions contemplated herein. b. ANCSGI represents, warrants, and covenants to Subscriber: i. ANCSGI has, or in the ordinary course will obtain, all licenses, permits and any other required documents to construct and operate the Facility; ii. ANCSGI shall perform its obligations under the CSG Contract and otherwise comply with all provisions of the CSG Program and other applicable tariffs. iii. Except as may be required by law or regulation, or with Subscriber's consent, ANCSGI will not publicly disclose Subscriber's LDC account information, energy usage data, or Credits. C. Subscriber represents, warrants, and covenants to ANCSGI: i. Subscriber's average annual energy consumption for its subscribing account(s) over the two year period prior to the Effective Date is 116,160 kWhAc; ii. Subscriber shall not install or procure any other distributed generation resource(s) serving Subscriber's premises to which energy is delivered by LDC under Account No. 51-4549587-4, which resource(s), when combined with the Allocation, may generate energy (including energy upon which the Credits are based) exceeding one hundred twenty percent (120%) of Subscriber's average annual energy consumption over the twenty-four (24) months prior to such installment or procurement. iii. Within thirty (30) days of request by ANCSGI, which request shall be made not sooner than the date of commencement of construction of the Facility, Subscriber shall complete, execute, and deliver to ANCSGI the Subscriber Agency Agreement in the form attached hereto as Exhibit A. Upon execution, all of the information and statements of Subscriber provided therein shall be accurate. iv. Subscriber understands and agrees it will have no interest in or entitlement to (a) benefits or derivatives of "Unsubscribed Energy" or "RECs" associated with the Facility as each is defined in the CSG Contract; and (b) incentives under the MN Department of Commerce's Made in Minnesota program and LDC's Solar Rewards program associated with the Facility. 8. Performance Guarantee. ANCSGI hereby guarantees that in every period of two consecutive calendar years during the Term, beginning with the first full calendar year, ANCSGI will provide Credits from operation of the Facility in an amount not less than ninety percent (90%) of Expected Deliveries (weather adjusted) which will be set forth on Exhibit B 4