Common use of Eligibility and Availability Clause in Contracts

Eligibility and Availability. 2.1 To be eligible to participate in the Program and prior to Xcel Energy undertaking any Xcel Energy responsibility set forth in Section 4, Customer must provide documentation acceptable to Xcel Energy evidencing that Customer meets all the following requirements (the “Customer Requirements”): 2.1.1 Qualify as a non-residential electric customer of Xcel Energy in Colorado; 2.1.2 Own or lease the Customer Location, or be Xcel Energy’s customer of record associated with the premise’s electric service meter at the Customer Location; 2.1.3 Provide express written consent, in a form acceptable to Xcel Energy in its sole discretion, from the owner of the Customer Location to grant Xcel Energy the appropriate real property rights and continuous access to EV Supply Infrastructure and Optional Charging Equipment, as applicable, installed, owned, and maintained by Xcel Energy, including an easement signed by the owner of the Customer Location, in the form attached hereto as Exhibit A; 2.1.4 Commit to installing a minimum of four (4) charging ports per Customer Location or, in cases with fewer than four ports, a minimum of 50 kW of charging capacity; 2.1.5 During the Term, agree to take electric service to the Charging Equipment on one of Xcel Energy’s published Commercial rates for which Customer is eligible; 2.1.6 If Customer chooses to use the Optional Charging Equipment, commit to paying the monthly bundled customer charge as provided in Xcel Energy’s electric tariff; 2.1.7 All Charging Equipment electric load will be separately metered from any other load served at the Customer Location; 2.1.8 If Customer does not choose to use Optional Charging Equipment, provide proof, acceptable to Xcel Energy in its sole determination, that Customer has purchased, or will purchase as required by this Agreement and has the ability, financial, technical, or otherwise, to install Charging Equipment from Xcel Energy’s pre-qualified Charging Equipment list found on the Xcel Energy website. The Charging Equipment on this list meets Xcel Energy’s technical and safety standards, demonstrates interoperability, cyber security, and smart charging capabilities that enable Customer to participate in managed charging rates or programs; 2.1.9 Provide proof, acceptable to Xcel Energy in its sole determination, that Customer can provide demonstrated support of its ability to utilize the EV Supply Infrastructure within six (6) months of its In-Service Date; and 2.1.10 Acknowledgement that Customer may be required to take electric service to the Charging Equipment through a specified rate schedule (e.g., a time-varying rate) if Xcel Energy-owned EV Supply Infrastructure becomes subject to such a requirement as a result of a Colorado Public Utilities Commission (“Commission”) or other legal proceeding, Commission rule, Colorado legislation, or other Applicable Laws. 2.2 To be eligible to receive EV Supply Infrastructure, Customer must also provide documentation acceptable to Xcel Energy evidencing that the Customer Location meets the following requirements (the “Customer Location Requirements”): 2.2.1 Be located in Xcel Energy’s electric service territory; 2.2.2 Meet Xcel Energy’s minimum safety, accessibility, convenience, and reliability requirements; 2.2.3 Be able to provide a location acceptable to Xcel Energy, in Xcel Energy’s sole determination, to deploy Charging Equipment in a cost-effective manner, based on factors such as proximity to transformers, length of trenching, available transmission and distribution capacity, and ease of access for EV Drivers, as determined by Xcel Energy in its sole discretion; and

Eligibility and Availability. 2.1 To be eligible to participate in the Program and prior to Xcel Energy undertaking any Xcel Energy responsibility set forth in Section 4, Customer must provide documentation acceptable to Xcel Energy evidencing that Customer meets all the following requirements (the “Customer Requirements”): 2.1.1 Qualify as a non-residential electric customer of Xcel Energy in Colorado; 2.1.2 Own or lease the Customer Location, or be Xcel Energy’s customer of record associated with the premise’s electric service meter at the Customer Location; 2.1.3 Provide express written consent, in a form acceptable to Xcel Energy in its sole discretion, from the owner of the Customer Location to grant Xcel Energy the appropriate real property rights and continuous access to EV Supply Infrastructure and Optional Charging Equipment, as applicable, installed, owned, and maintained by Xcel Energy, including an easement signed by the owner of the Customer Location, in the form attached hereto as Exhibit A; 2.1.4 Customer must own, lease or operate EV charging or shared electric mobility charging (e.g. e-bikes or scooters) at the Customer Location; 2.1.5 Commit to installing a minimum of four (4) charging ports per Customer Location or, in cases with fewer than four ports, a minimum of 50 kW of charging capacity; 2.1.5 2.1.6 During the Term, agree to take electric service to the Charging Equipment on one of Xcel Energy’s published Commercial rates for which Customer is eligible; 2.1.6 If Customer chooses to use the Optional Charging Equipment, commit to paying the monthly bundled customer charge as provided in Xcel Energy’s electric tariff; 2.1.7 All Charging Equipment electric load will be separately metered from any other load served at the Customer Location; 2.1.8 If Customer does not choose to use Optional Charging Equipment, provide Provide proof, acceptable to Xcel Energy in its sole determination, that Customer has purchased, or will purchase as required by this Agreement and has the ability, financial, technical, or otherwise, to install Charging Equipment from Xcel Energy’s pre-qualified Charging Equipment list found on the Xcel Energy website. The Charging Equipment on this list meets Xcel Energy’s technical and safety standards, demonstrates demonstrate interoperability, cyber security, and smart charging capabilities that enable Customer to participate in managed charging rates or programs; 2.1.9 Provide proof, acceptable to Xcel Energy in its sole determination, that Customer can provide demonstrated support of its ability to utilize the EV Supply Infrastructure within six (6) months of its In-Service Date; and 2.1.10 Acknowledgement that Customer may be required to take electric service to the Charging Equipment through a specified rate schedule (e.g., a time-varying rate) if Xcel Energy-owned EV Supply Infrastructure becomes subject to such a requirement as a result of a Colorado Public Utilities Commission (“Commission”) or other legal proceeding, Commission rule, Colorado legislation, or other Applicable Laws. 2.2 To be eligible to receive EV Supply Infrastructure, Customer must also provide documentation acceptable to Xcel Energy evidencing that the Customer Location meets the following requirements (the “Customer Location Requirements”): 2.2.1 Be located in Xcel Energy’s electric service territory; 2.2.2 Meet Xcel Energy’s minimum safety, accessibility, convenience, and reliability requirements; 2.2.3 Be able to provide a location acceptable to Xcel Energy, in Xcel Energy’s sole determination, to deploy Charging Equipment in a cost-effective manner, based on factors such as proximity to transformers, length of trenching, available transmission and distribution capacity, and ease of access for EV Drivers, as determined by Xcel Energy in its sole discretion; and

Eligibility and Availability. 2.1 To be eligible to participate in the Program and prior to Xcel Energy undertaking any Xcel Energy responsibility set forth in Section 4, Customer must provide documentation acceptable to Xcel Energy evidencing that Customer meets all the following requirements (the “Customer Requirements”):). Customer must continue to meet the Customer Requirements throughout the Term: 2.1.1 Qualify as a non-residential electric customer of Xcel Energy in ColoradoNew Mexico; 2.1.2 Own or lease the Customer Location, or be Xcel Energy’s customer of record associated with the premise’s electric service meter at the Customer Location; 2.1.3 Provide express written consent, in a form acceptable to Xcel Energy in its sole discretion, from the owner of the Customer Location to grant Xcel Energy the appropriate real property rights rights, permits, licenses and continuous easements necessary to install and continuously access to the EV Supply Infrastructure and Optional Charging Equipment, as applicable, installed, owned, and maintained by Xcel Energy, including including, if requested by Xcel Energy, an easement signed by the owner of the Customer Location, in the form attached hereto as Exhibit A; 2.1.4 Customer must own, lease or operate EV Charging Equipment, which is connected to the EV Supply Infrastructure, at the Customer Location and make the Charging Equipment available for public use by EV Drivers to charge EVs; 2.1.5 Commit to installing a minimum of four (4a) one (1) Level 2 EV charging ports port per Customer Location, or (b) one (1) Direct Current Fast Charging (DCFC) port per Customer Location or, in cases with fewer than four ports, a minimum of 50 kW of charging capacity; 2.1.5 2.1.6 During the Term, agree to take electric service to the Charging Equipment on one of Xcel Energy’s published Commercial commercial rates for which Customer is eligible; 2.1.6 If Customer chooses to use the Optional Charging Equipment, commit to paying the monthly bundled customer charge as provided in Xcel Energy’s electric tariff; 2.1.7 All Charging Equipment electric load will be separately metered from any other load served at the Customer Location; 2.1.8 If Customer does not choose to use Optional Charging Equipment, provide Provide proof, acceptable to Xcel Energy in its sole determination, that Customer has purchased, or will purchase as required by this Agreement and has the ability, financial, technical, or otherwise, to install Charging Equipment from Xcel Energy’s pre-qualified Charging Equipment list found on the Xcel Energy websitelist. The Charging Equipment on this list meets Xcel Energy’s technical and safety standards, demonstrates interoperability, cyber security, and smart charging capabilities that enable Customer to participate in managed charging rates or programs. The Charging Equipment selected and purchased by Customer must have a magnetic strip credit card reader, but may also have touchless as credit card readers; 2.1.9 Provide proof, acceptable to Xcel Energy in its sole determination, that Customer can provide demonstrated support of its ability to utilize the EV Supply Infrastructure within six (6) months of its In-Service Date; and 2.1.10 Acknowledgement that Customer may be required to take electric service to the Charging Equipment through a specified rate schedule (e.g., a time-varying rate) if Xcel Energy-owned EV Supply Infrastructure becomes subject to such a requirement as a result of a Colorado New Mexico Public Utilities Commission (“Commission”) or other legal proceeding, Commission rule, Colorado New Mexico legislation, or other Applicable Laws. 2.2 To be eligible to receive EV Supply Infrastructure, Customer must also provide documentation acceptable to Xcel Energy evidencing that the Customer Location meets the following requirements (the “Customer Location Requirements”): 2.2.1 Be The Customer Location must be located in Xcel Energy’s electric service territory; 2.2.2 Meet The Customer Location must meet Xcel Energy’s minimum safety, accessibility, convenience, and reliability requirements;; and 2.2.3 Be The Customer Location must be able to provide a location acceptable to Xcel Energy, in Xcel Energy’s sole determination, to deploy Charging Equipment in a cost-effective manner, based on factors such as proximity to transformers, length of trenching, available transmission and distribution capacity, and ease of access for EV Drivers, as determined by Xcel Energy in its sole discretion; and.

Eligibility and Availability. 2.1 To be eligible to participate in the Program and prior to Xcel Energy undertaking any Xcel Energy responsibility set forth in Section 4, Customer must provide documentation acceptable to Xcel Energy evidencing that Customer meets all the following requirements (the “Customer Requirements”): 2.1.1 Qualify as a non-residential electric customer of Xcel Energy in Colorado; 2.1.2 Own or lease the Customer Location, or be Xcel Energy’s customer of record associated with the premise’s electric service meter at the Customer Location; 2.1.3 Provide express written consent, in a form acceptable to Xcel Energy in its sole discretion, from the owner of the Customer Location to grant Xcel Energy the appropriate real property rights and continuous access to EV Supply Infrastructure and Optional Charging Equipment, as applicable, installed, owned, and maintained by Xcel Energy, including an easement signed by the owner of the Customer Location, in the form attached hereto as Exhibit A; 2.1.4 Customer must own, lease or operate EV Charging or shared electric mobility charging (e.g. e-bikes or scooters) at the Customer Location; 2.1.5 Commit to installing a minimum of four (4) charging ports per Customer Location or, in cases with fewer than four ports, a minimum of 50 kW of charging capacity; 2.1.5 2.1.6 During the Term, agree to take electric service to the Charging Equipment on one of Xcel Energy’s published Commercial rates for which Customer is eligible; 2.1.6 If Customer chooses to use the Optional Charging Equipment, commit to paying the monthly bundled customer charge as provided in Xcel Energy’s electric tariff; 2.1.7 All Charging Equipment electric load will be separately metered from any other load served at the Customer Location; 2.1.8 If Customer does not choose to use Optional Charging Equipment, provide Provide proof, acceptable to Xcel Energy in its sole determination, that Customer has purchased, or will purchase as required by this Agreement and has the ability, financial, technical, or otherwise, to install Charging Equipment from Xcel Energy’s pre-qualified Charging Equipment list found on the Xcel Energy website. The Charging Equipment on this list meets Xcel Energy’s technical and safety standards, demonstrates interoperability, cyber security, and smart charging capabilities that enable Customer to participate in managed charging rates or programs; 2.1.9 Provide proof, acceptable to Xcel Energy in its sole determination, that Customer can provide demonstrated support of its ability to utilize the EV Supply Infrastructure within six (6) months of its In-Service Date; and 2.1.10 Acknowledgement that Customer may be required to take electric service to the Charging Equipment through a specified rate schedule (e.g., a time-varying rate) if Xcel Energy-owned EV Supply Infrastructure becomes subject to such a requirement as a result of a Colorado Public Utilities Commission (“Commission”) or other legal proceeding, Commission rule, Colorado legislation, or other Applicable Laws. 2.2 To be eligible to receive EV Supply Infrastructure, Customer must also provide documentation acceptable to Xcel Energy evidencing that the Customer Location meets the following requirements (the “Customer Location Requirements”):: 2.2.1 Be located in Xcel Energy’s electric service territory; 2.2.2 Meet Xcel Energy’s minimum safety, accessibility, convenience, and reliability requirements; 2.2.3 Be able to provide a location acceptable to Xcel Energy, in Xcel Energy’s sole determination, to deploy Charging Equipment in a cost-effective manner, based on factors such as proximity to transformers, length of trenching, available transmission and distribution capacity, and ease of access for EV Drivers, as determined by Xcel Energy in its sole discretion; and