Resolution 2016-54 - Laserfiche WebLink

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"Solar Energy Facility" shall mean the photoelectric solar generation facility described in Appendix A. "Solar Output means the total amount of electricity generated by the Solar Energy Facility and delivered to the Utility at the Interconnection Point from the Commercial Operations Date until the end of the Term, expressed in terms of kilowatt hours ("kWh") on a monthly or other basis. "Tax Incentives" means any tax credits, incentives or depreciation allowances established under any federal or state law, including without limitation investment tax credits (including any grants or payments in lieu thereof) and any tax deductions or other benefits under the Internal Revenue Code or applicable federal, state, or local law available as a result of the ownership and operation of the Solar Energy Facility or the output generated by the Solar Energy Facility (including, without limitation, tax credits (including any grants or payments In lieu thereof) and accelerated, bonus or other depreciation. "Term" shall have the meaning set forth in Section S. "Utility" means Xcel Energy. "Utility Account means Buyer's account with the Utility for utility services at the Utility Service Location. "Utility Service Location" means the premises at which Buyer receives utility services from the Utility under the Utility Account. 2. Buyer's Production Capacity and Buyer's Solar Output. Under this Agreement, the Buyer purchases the Buyer's Production Capacity and the Buyer's Solar Output associated therewith (collectively referred to as "Buyer's Solar Interest"). The Buyer's Production Capacity purchased under this Agreement is from particular solar panels (the "Selected Solar Panels") located in the Solar Energy Facility. The Selected Solar Panels shall represent a nameplate capacity equal to 40.0% of the total nameplate capacity of the Solar Energy Facility, rounded to the nearest full panel. Within 30 days of the Commercial Operations Date, CEC shall notify Buyer of the serial number, nameplate capacity and other identifying information for each of the Selected Solar Panels. Buyer acknowledges that the Utility limits the amount of Production Capacity available to Buyer under this Agreement, as more fully set forth in Section 4 hereto. 3. Sale of Buyer's Solar Output to Utility. The Utility currently offers the Program whereby customers can sell generated electricity to the Utility pursuant to the terms of the Program. Seller agrees to assist Buyer with such sale as detailed more fully in this Section 3 below. 3.1. Delivery of Buyer's Solar Output. In connection with the Program, beginning upon the Commercial Operations Date and continuing monthly until the end of the Term, Seller hereby agrees to deliver the Buyer's Solar Output to the Utility at the Interconnection Point, and to provide to the Utility the information requested by the Utility (the "Bill Credit Information") to calculate the Solar Bill Credits payable to the Buyer under the Program based upon the delivery of the Buyer's Solar Output for such month to the Utility. 3.2. Bill Credit Information. Bit! Credit Information includes, but is not limited to the Buyer's name, address, the Buyer's Utility Service Location, the Utility Account numbers associated with the Utility Service Location, the nameplate capacity of the Selected Solar Panels, and the Buyer's Solar Output. Seller agrees to be, and Buyer hereby appoints Seller, as Buyer's exclusive representative for submitting Bill Credit Information to the Utility, with full power and authority to supply to the Utility such information as may be required by the Utility under the Program. This authorization does not restrict Buyer from communicating with, instructing or directing the Utility with respect to other matters pertaining to electric service at the Utility Service Location, or asking the Utility questions regarding Buyer's participation in the Program. In addition, Buyer hereby authorizes the Utility to release to Seller the consumption and other account information of Buyer to help Seller to carry out the terms of this Agreement and the Program, and agrees to Page 6 of 17