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"Commercial Operations Date" means the date on which the Solar Energy Facility generates
<br />electric energy an a commercial basis, and the interconnection to the utility's electric grid has been
<br />authorized and is functioning with the Utility. Such date shall be specified by Seller either in
<br />Attachment A to this Agreement, or by a separate notice provided to Buyer pursuant to Section 6 of
<br />this Agreement.
<br />"Environmental Attributes" means any credit, benefit, reduction, offset, financial incentive, and other
<br />beneficial allowance that is in effect as of the Effective Date or may come Into effect in the future,
<br />including, to the extent applicable and without limitation, (I) all environmental and renewable energy
<br />attributes and credits of any kind and nature resulting from or associated with the Solar Energy
<br />Facility, its production capacity and/or electricity generation, (II) government financial incentives, (iii)
<br />greenhouse gas offsets under the Regional Greenhouse Gas Initiative, (iv) renewable energy credits
<br />or renewable energy certificates (each referred to as "RECs") or any similar certificates or credits
<br />under the laws of any jurisdiction, including but not limited to Solar RECs, and (v) other allowances
<br />howsoever named or referred to, with respect to any and all fuel, emissions, air quality, or other
<br />environmental characteristics, resulting from the use of solar energy generation or the avoidance of
<br />the emission of any gas, chemical or other substance into the air, soil or water attributable to the
<br />Solar Energy Facility, its production capacity and/or electricity generation.
<br />"Facility Meter'' means a revenue -grade meter maintained by Seller at the Solar Energy Facility and
<br />used to measure the electricity delivered by the Solar Energy Facility to such meter.
<br />"Force Majeure" or "Force Majeure Evont" means any event or circumstance not within the
<br />reasonable control of the affected Party which precludes that Party from carrying out, in whole or in
<br />part, its obligations under this Agreernent, including, but not limited to, Acts of God, hurricanes or
<br />tornados, fires, epidemics, landslides, earthquakes, floods, other natural catastrophes, strikes, lock
<br />outs or other industrial disturbances. A Party may not assert an event of Force Majeure to excuse it
<br />from performing due to any governmental act, failure to act, or order, where It was reasonably within
<br />such Partys power to prevent such act, failure to act, or order. Notwithstanding the contrary,
<br />economic hardship or unavailability of funds shall not constitute a Force Majeure Event of either
<br />Party, and any such discretionary acts, failures to act or orders of any kind by Buyer may not be
<br />asserted as an event of Force Majeure by Buyer.
<br />"Interconnection Agreement shall mean the interconnection service agreement(s) entered into with
<br />the Utility, which authorizes the interconnection of the Solar Energy Facility to the Utility grid.
<br />"Interconnection Point" means the point at which the Utility takes delivery of generated electrical
<br />output from the Solar Energy Facility.
<br />"kWh"means kilowatt hour.
<br />"Production Capacity" means the nameplate of the entire Solar Energy Facility, as listed in
<br />Appendix A hereto.
<br />"Production Month" means a monthly period during which electricity is delivered from the Solar
<br />Energy Facility to the interconnection Point, occurring after the Commercial Operations Date and
<br />before the end of the Term.
<br />"Program" means the Utility's Solar Rewards Community Service Program whereby customers may
<br />sell generated electricity to the Utility pursuant to the terms and conditions of the Utility's Colorado
<br />PUC No. 7 Tariff, Schedule SRCS, as amended from time to time with the Colorado Public Utilities
<br />Commission (the "CPUC"), or such other power purchase agreement, tariff and/or other agreement(s)
<br />selected by Seller from time to time for sale of Buyer's Solar Output.
<br />"Solar Bill Credit' means the bill credit calculated by the Utility pursuant to the terms and conditions
<br />of the Program.
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