Common use of Applicable Program Clause in Contracts

Applicable Program. The Product is eligible for compliance with the Applicable Program. Seller warrants, as of the Effective Date and each date of Delivery, that the Product meets all the requirements of the Applicable Program for compliance. The Community Renewable Generation Program, as established under 20 Ill. Comp. Stat. 3855/1-75(c)(1)(N), as part of the Illinois Renewable Portfolio Standard established under 20 Ill. Comp. Stat. 3855/1-75, and as understood through the Illinois Power Agency’s Long-Tern Renewable Resources Procurement Plan developed pursuant to 20 ICLS 3855/1-75(c)(1)(A) and 220 ILCS 5/16-111.5(b)(5), is the Applicable Program for this REC Contract. The IPA is the primary entity responsible for confirming whether the Project’s characteristics meet the requirements of the Applicable Program for inclusion in this REC Contract, and the Parties acknowledge and agree that the IPA shall have the right to request more information from Seller on the Project, obtain subscription information from the interconnecting utility or from Seller, and conduct on-site inspections and audits of the Project to verify the quality of the installation and conformance with information submitted to the IPA. Seller shall provide written authorization in the form of Exhibit I to this REC Contract from the owner of the Project, authorizing the interconnecting utility to disclose subscription information to the IPA (with any personally identifying information to be afforded confidential treatment by the Parties and the IPA). If the IPA determines that the Project, as built, operated, or subscribed, or as it is being developed, (i) is in material non-conformance with requirements of the Applicable Program, including, but not limited to, violations of published marketing or consumer protection requirements promulgated by the IPA and otherwise applicable to photovoltaic community renewable generation projects participating in the Adjustable Block Program developed pursuant to Section 1-75(c)(1)(K)-(N) of the IPA Act (including the required use of standard disclosure forms developed by the IPA in the acquisition of subscribers, and timely submission of executed standard disclosure forms to the IPA); or (ii) is materially non-conforming with the information previously submitted by Seller to the IPA, then the IPA shall provide notice of the material deficiency or violation to Seller and Buyer. In the case of a deficiency or violation subject to cure, Seller shall then have twenty (20) Business Days to cure the material deficiency, with extensions for good cause issued at the reasonable discretion of the IPA. Failure by Seller to cure the material deficiency within the cure period to the satisfaction of the IPA, at its reasonable discretion and after consultation with Buyer, shall constitute an Event of Default. In the case of a deficiency or a violation unable to be cured, the IPA, at its reasonable discretion and after consultation with Buyer, may determine that such deficiency or violation constitutes an Event of Default. Unless otherwise specified, for such Event of Default, Buyer shall be entitled to payment by Seller in the amount of the greater of: (i) the Collateral Requirement or (ii) one hundred percent (100%) of the total payments Seller has received from Buyer. The Parties acknowledge that: (A) Buyer shall be damaged by Seller due to the occurrence of such Event of Default; (B) it would be impracticable or extremely difficult to determine the actual damages resulting therefrom; (C) the remedies specified herein are fair and reasonable and do not constitute a penalty; and (D) the remedies specified in this Section 8 shall be Buyer’s sole and exclusive remedy in such Event of Default.

Applicable Program. The Product is eligible for compliance with the Applicable Program. Seller warrants, as of the Effective Date and each date of Delivery, that the Product meets all the requirements of the Applicable Program for compliance. The Community Renewable Generation Illinois Solar for All Program, as established under 20 Ill. Comp. Stat. 3855/1-75(c)(1)(N), as part of the Illinois Renewable Portfolio Standard established under 20 Ill. Comp. Stat. 3855/1-7556, and as understood through the Illinois Power Agency’s Long-Tern Renewable Resources Procurement Plan developed pursuant to 20 ICLS 3855/1-75(c)(1)(A) and 220 ILCS 5/16-111.5(b)(5), is the Applicable Program for this REC Contract. The IPA is the primary entity responsible for confirming whether the Project’s characteristics meet the requirements of the Applicable Program for inclusion in this REC Contract, and the Parties acknowledge and agree that the IPA shall have the right to request more information from Seller on the Project, obtain subscription information from the interconnecting utility or from Seller, and conduct on-site inspections and audits of the Project to verify the quality of the installation and conformance with information submitted to the IPA. Seller shall provide written authorization in the form of Exhibit I to this REC Contract from the owner of the Project, authorizing the interconnecting utility to disclose subscription information to the IPA (with any personally identifying information to be afforded confidential treatment by the Parties and the IPA). If the IPA determines that the Project, as built, operated, or subscribed, or as it is being developed, (i) is in material non-conformance with requirements of the Applicable Program, including, but not limited to, violations of published marketing or consumer protection requirements promulgated by the IPA and otherwise applicable to photovoltaic community renewable generation projects participating in the Adjustable Block Program developed pursuant to Section 1-75(c)(1)(K)-(N) of the IPA Act or the Illinois Solar for All Program developed pursuant to Section 1-56 of the IPA Act (including the required use of standard disclosure forms developed by the IPA in the acquisition of subscribers, and timely submission of executed standard disclosure forms to the IPA); or (ii) is materially non-conforming with the information previously submitted by Seller to the IPA, then the IPA shall provide notice of the material deficiency or violation to Seller and Buyer. In the case of a deficiency or violation subject to cure, Seller shall then have twenty (20) Business Days to cure the material deficiency, with extensions for good cause issued at the reasonable discretion of the IPA. Failure by Seller to cure the material deficiency within the cure period to the satisfaction of the IPA, at its reasonable discretion and after consultation with Buyerdiscretion, shall constitute an Event of Default. In the case of a deficiency or a violation unable to be cured, the IPA, at its reasonable discretion and after consultation with Buyerdiscretion, may determine that such deficiency or violation constitutes an Event of Default. If the Project has been proposed in the RFP to be a Community Subscriber Owned Project, but the Project fails to remain a Community Subscriber Owned Project during the Delivery Term (as determined by the IPA, including via certifications by the Seller of this status on each REC Annual Report) and such deficiency is not cured within a period of four (4) consecutive months from notice by the IPA to Seller, which period may be extended for good cause upon request by Seller to the IPA, then such failure shall constitute an Event of Default. Unless otherwise specified, for such Event Event(s) of DefaultDefault pursuant to this Section 8, Buyer shall be entitled to payment by Seller in the amount of the greater of: (i) the Collateral Requirement or (ii) one hundred percent (100%) of the total payments Seller has received from Buyer. The Parties acknowledge that: (A) Buyer shall be damaged by Seller due to the occurrence of such Event of Default; (B) it would be impracticable or extremely difficult to determine the actual damages resulting therefrom; (C) the remedies specified herein are fair and reasonable and do not constitute a penalty; and (D) the remedies specified in this Section 8 shall be Buyer’s sole and exclusive remedy in such Event of Default.

Applicable Program. The Product is eligible for compliance with the Applicable Program. Seller warrants, as of the Effective Date and each date of Delivery, that the Product meets all the requirements of the Applicable Program for compliance. The Community Renewable Generation Illinois Solar for All Program, as established under 20 Ill. Comp. Stat. 3855/1-75(c)(1)(N), as part of the Illinois Renewable Portfolio Standard established under 20 Ill. Comp. Stat. 3855/1-7556, and as understood through the Illinois Power Agency’s Long-Tern TernTerm Renewable Resources Procurement Plan developed pursuant to 20 ICLS 3855/1-75(c)(1)(A) and 220 ILCS 5/16-5/16- 111.5(b)(5), is the Applicable Program for this REC Contract. The IPA is the primary entity responsible for confirming whether the Project’s characteristics meet the requirements of the Applicable Program for inclusion in this REC Contract, and the Parties acknowledge and agree that the IPA shall have the right to request more information from Seller on the Project, obtain subscription information from the interconnecting utility or from Seller, and conduct on-site inspections and audits of the Project to verify the quality of the installation and conformance with information submitted to the IPA. Seller shall provide written authorization in the form of Exhibit I to this REC Contract from the owner of the Project, authorizing the interconnecting utility to disclose subscription information to the IPA (with any personally identifying information to be afforded confidential treatment by the Parties and the IPA). If the IPA determines that the Project, as built, operated, or subscribed, or as it is being developed, (i) is in material non-conformance with requirements of the Applicable Program, including, but not limited to, violations of published marketing or consumer protection requirements promulgated by the IPA and otherwise applicable to photovoltaic community renewable generation projects participating in the Adjustable Block Program developed pursuant to Section 1-75(c)(1)(K)-(N) of the IPA Act or the Illinois Solar for All Program developed pursuant to Section 1-56 of the IPA Act (including the required use of standard disclosure forms developed by the IPA in the acquisition of subscriberssubscribersSubscribers, and timely submission of executed standard disclosure forms to the IPA); or (ii) is materially non-conforming with the information previously submitted by Seller to the IPA, then the IPA shall provide notice of the material deficiency or violation to Seller and Buyer. In the case of a deficiency or violation subject to cure, Seller shall then have twenty (20) Business Days to cure the material deficiency, with extensions for good cause issued at the reasonable discretion of the IPA. Failure by Seller to cure the material deficiency within the cure period to the satisfaction of the IPA, at its reasonable discretion and after consultation with Buyerdiscretion, shall constitute an Event of Default. In the case of a deficiency or a violation unable to be cured, the IPA, at its reasonable discretion and after consultation with Buyerdiscretion, may determine that such deficiency or violation constitutes an Event of Default. If the Project has been proposed in the RFP to be a Community Subscriber Owned Project, but the Project fails to remain a Community Subscriber Owned Project during the Delivery Term (as determined by the IPA, including via certifications by the Seller of this status on each REC Annual Report) and such deficiency is not cured within a period of four (4) consecutive months from notice by the IPA to Seller, which period may be extended for good cause upon request by Seller to the IPA, then such failure shall constitute an Event of Default. Unless otherwise specified, for such Event Event(s) of DefaultDefault pursuant to this Section 8, Buyer shall be entitled to payment by Seller in the amount of the greater of: (i) the Collateral Requirement or (ii) one hundred percent (100%) of the total payments Seller has received from Buyer. The Parties acknowledge that: (A) Buyer shall be damaged by Seller due to the occurrence of such Event of Default; (B) it would be impracticable or extremely difficult to determine the actual damages resulting therefrom; (C) the remedies specified herein are fair and reasonable and do not constitute a penalty; and (D) the remedies specified in this Section 8 shall be Buyer’s sole and exclusive remedy in such Event of Default.

Applicable Program. The Product is eligible for compliance with the Applicable Program. Seller 1 If the first REC Delivery occurred on October 15, 2020, the first Delivery Year for which a True-Up Payment Amount will be calculated shall be for the Delivery Year commencing June 1, 2020 through May 31, 2021. warrants, as of the Effective Date and each date of Delivery, that the Product meets all the requirements of the Applicable Program for compliance. The Community Renewable Generation Illinois Solar for All Program, as established under 20 Ill. Comp. Stat. 3855/1-75(c)(1)(N), as part of the Illinois Renewable Portfolio Standard established under 20 Ill. Comp. Stat. 3855/1-7556, and as understood through the Illinois Power Agency’s Long-Tern Term Renewable Resources Procurement Plan developed pursuant to 20 ICLS 3855/1-75(c)(1)(A) and 220 ILCS 5/16-111.5(b)(5), is the Applicable Program for this REC Contract. The IPA is the primary entity responsible for confirming whether the Project’s characteristics meet the requirements of the Applicable Program for inclusion in this REC Contract, and the Parties acknowledge and agree that the IPA shall have the right to request more information from Seller on the Project, obtain subscription information from the interconnecting utility or from Seller, and conduct on-site inspections and audits of the Project to verify the quality of the installation and conformance with information submitted to the IPA. Seller shall provide written authorization in the form of Exhibit I to this REC Contract from the owner of the Project, authorizing the interconnecting utility to disclose subscription information to the IPA (with any personally identifying information to be afforded confidential treatment by the Parties and the IPA). If the IPA determines that the Project, as built, operated, or subscribed, or as it is being developed, (i) is in material non-conformance with requirements of the Applicable Program, including, but not limited to, violations of published marketing or consumer protection requirements promulgated by the IPA and otherwise applicable to photovoltaic community renewable generation projects participating in the Adjustable Block Program developed pursuant to Section 1-75(c)(1)(K)-(N) of the IPA Act or the Illinois Solar for All Program developed pursuant to Section 1-56 of the IPA Act (including the required use of standard disclosure forms developed by the IPA in the acquisition of subscribersSubscribers, and timely submission of executed standard disclosure forms to the IPA); or (ii) is materially non-conforming with the information previously submitted by Seller to the IPA, then the IPA shall provide notice of the material deficiency or violation to Seller and Buyer. In the case of a deficiency or violation subject to cure, Seller shall then have twenty (20) Business Days to cure the material deficiency, with extensions for good cause issued at the reasonable discretion of the IPA. Failure by Seller to cure the material deficiency within the cure period to the satisfaction of the IPA, at its reasonable discretion and after consultation with Buyerdiscretion, shall constitute an Event of Default. In the case of a deficiency or a violation unable to be cured, the IPA, at its reasonable discretion and after consultation with Buyerdiscretion, may determine that such deficiency or violation constitutes an Event of Default. If the Project has been proposed in the RFP to be a Community Subscriber Owned Project, but the Project fails to remain a Community Subscriber Owned Project during the Delivery Term (as determined by the IPA, including via certifications by the Seller of this status on each REC Annual Report) and such deficiency is not cured within a period of four (4) consecutive months from notice by the IPA to Seller, which period may be extended for good cause upon request by Seller to the IPA, then such failure shall constitute an Event of Default. Unless otherwise specified, for such Event Event(s) of DefaultDefault pursuant to this Section 8, Buyer shall be entitled to payment by Seller in the amount of the greater of: (i) the Collateral Requirement or (ii) one hundred percent (100%) of the total payments Seller has received from Buyer. The Parties acknowledge that: (A) Buyer shall be damaged by Seller due to the occurrence of such Event of Default; (B) it would be impracticable or extremely difficult to determine the actual damages resulting therefrom; (C) the remedies specified herein are fair and reasonable and do not constitute a penalty; and (D) the remedies specified in this Section 8 shall be Buyer’s sole and exclusive remedy in such Event of Default.

Applicable Program. The Product is eligible for compliance with the Applicable Program. Seller warrants, as of the Effective Date and each date of Delivery, that the Product meets all the requirements of the Applicable Program for compliance. The Community Renewable Generation Program, as established under 20 Ill. Comp. Stat. 3855/1-75(c)(1)(N), as part of the Illinois Renewable Portfolio Standard established under 20 Ill. Comp. Stat. 3855/1-75, and as understood through the Illinois Power Agency’s Long-Tern Term Renewable Resources Procurement Plan developed pursuant to 20 ICLS 3855/1-75(c)(1)(A) and 220 ILCS 5/16-5/16- 111.5(b)(5), is the Applicable Program for this REC Contract. The IPA is the primary entity responsible for confirming whether the Project’s characteristics meet the requirements of the Applicable Program for inclusion in this REC Contract, and the Parties acknowledge and agree that the IPA shall have the right to request more information from Seller on the Project, obtain subscription information from the interconnecting utility or from Seller, and conduct on-site inspections and audits of the Project to verify the quality of the installation and conformance with information submitted to the IPA. Seller shall provide written authorization in the form of Exhibit I to this REC Contract from the owner of the Project, authorizing the interconnecting utility to disclose subscription information to the IPA (with any personally identifying information to be afforded confidential treatment by the Parties and the IPA). If the IPA determines that the Project, as built, operated, or subscribed, or as it is being developed, (i) is in material non-conformance with requirements of the Applicable Program, including, but not limited to, violations of published marketing or consumer protection requirements promulgated by the IPA and otherwise applicable to photovoltaic community renewable generation projects participating in the Adjustable Block Program developed pursuant to Section 1-75(c)(1)(K)-(N) of the IPA Act (including the required use of standard disclosure forms developed by the IPA in the acquisition of subscribersSubscribers, and timely submission of executed standard disclosure forms to the IPA); or (ii) is materially non-conforming with the information previously submitted by Seller to the IPA, then the IPA shall provide notice of the material deficiency or violation to Seller and Buyer. In the case of a deficiency or violation subject to cure, Seller shall then have twenty (20) Business Days to cure the material deficiency, with extensions for good cause issued at the reasonable discretion of the IPA. Failure by Seller to cure the material deficiency within the cure period to the satisfaction of the IPA, at its reasonable discretion and after consultation with Buyer, shall constitute an Event of Default. In the case of a deficiency or a violation unable to be cured, the IPA, at its reasonable discretion and after consultation with Buyer, may determine that such deficiency or violation constitutes an Event of Default. Unless otherwise specified, for such Event Event(s) of DefaultDefault pursuant to this Section 8, Buyer shall be entitled to payment by Seller in the amount of the greater of: (i) the Collateral Requirement or (ii) one hundred percent (100%) of the total payments Seller has received from Buyer. The Parties acknowledge that: (A) Buyer shall be damaged by Seller due to the occurrence of such Event of Default; (B) it would be impracticable or extremely difficult to determine the actual damages resulting therefrom; (C) the remedies specified herein are fair and reasonable and do not constitute a penalty; and (D) the remedies specified in this Section 8 shall be Buyer’s sole and exclusive remedy in such Event of Default.