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2015-11-24_PWETC_AgendaPacket
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2015-11-24_PWETC_AgendaPacket
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11/19/2015 9:49:16 AM
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11/19/2015 9:42:10 AM
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Commission/Committee
Commission/Authority Name
Public Works Commission
Commission/Committee - Document Type
Agenda/Packet
Commission/Committee - Meeting Date
11/24/2015
Commission/Committee - Meeting Type
Regular
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If Purchaser fails to timely make an election pursuant to this Section 8, the Schedule Term will end on <br />the last day of the Initial Term or Renewal Term, as applicable. Notwithstanding anything to the contrary in <br />this Agreement, at any time after the expiration of the Initial Term or Renewal Term and unless the Schedule <br />Term is extended pursuant to Section 8(a), Power Provider shall have the right, subject to all terms and <br />conditions of Section 2 of this Agreement, to terminate the applicable Schedule and remove each Solar Power <br />Facility to which such Schedule relates upon providing Purchaser with at least one hundred eighty (180) days' <br />notice. <br />9. Environmental Attributes. <br />(a) Notwithstanding any Solar Power Facility's presence on a Site and method of attachment <br />thereto, Power Provider shall own, and may assign or sell in its sole discretion but in each case subject to this <br />Agreement and the License, all right, title and interest associated with or resulting from the development and <br />installation of such Solar Power Facility or the production, sale, purchase or use of the Electric Power <br />including, without limitation: <br />(i) all Environmental Incentives and all Environmental Attributes, and <br />(ii) the Reporting Rights and the exclusive rights to claim that: (A) the Electric Power <br />was generated by such Solar Power Facility; (B) Power Provider is responsible for the delivery of the Electric <br />Power to the Point(s) of Delivery, (C) Power Provider is responsible for the reductions in emissions of <br />pollution and greenhouse gases resulting from the generation of the Electric Power and the delivery thereof to <br />the Point of Delivery, and (D) Power Provider is entitled to all credits, certificates, registrations, etc., <br />evidencing or representing any of the foregoing. <br />(b) Purchaser shall not take any action or suffer any omission at any Site that would have the <br />effect of impairing the value to the Power Provider of the Environmental Attributes and Environmental <br />Incentives. Purchaser shall be solely responsible for notifying Power Provider of any action or omission that <br />could impair such value and for consulting with Power Provider, at no additional expense to Purchaser, as <br />necessary to prevent impairment of the value of Environmental Attributes and Environmental Incentives. <br />(c) Purchaser shall take all reasonable measures to assist Power Provider in obtaining all <br />Environmental Incentives and Environmental Attributes currently available or subsequently made available in <br />connection with the Solar Power Facilities, provided that Purchaser shall not be required to incur any cost or <br />expense in connection therewith. <br />10. Conditions Precedent. <br />(a) The obligations of Power Provider under this Agreement to construct, install and operate any <br />Solar Power Facility and to sell Electric Power generated by such Solar Power Facility to Purchaser shall be <br />conditioned on the occurrence of all of the following conditions: <br />(i) Each applicable License shall have been executed by each Party and such License(s) <br />shall be in effect, <br />(ii) Purchaser shall have provided Power Provider evidence of liability insurance <br />coverage evidenced by a certificate of insurance naming Power Provider as an additional insured at the levels <br />set forth in the applicable Schedule(s)], <br />(iii) Purchaser and Power Provider, as the case may be, shall have received all approvals, <br />contracts, agreements, authorizations, consents, ratifications, waivers, exceptions, exemptions and permits <br />Page 12 of 30 <br />SE PPA 11/11/15 <br />
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