Common use of Equipment Summary Clause in Contracts

Equipment Summary. The Generating Facility is comprised of a solar array, current inverter(s), inverter output transformer(s), interconnection service transformer (if applicable), electrical metering equipment, telemetering equipment and meteorological equipment including SCADA system. The following summarize the major equipment: See the SITE PLAN C1.1 and AC INTERCONNECTION SINGLE LINE DIAGRAM E 2.1 drawing sheets in this Appendix. The solar array is mounted on racks with a fixed tilt angle of 20° C from horizontal and facing 195°C from magnetic North. The solar array is comprised of22,960 modules manufactured by First Solar model FS-380 with an output rating of 80 xxxxx at Standard Test Conditions. The Gross Rating of the solar array is 22,960 modules times .080 kW for a Gross Rating of I ,836.8 kW. The nominal solar array output voltage will range from -1000 V DC to 1000 V DC Max floating, I OOOV Max across inverter terminals at the current inverter input terminals. The electrical arrangement of modules, strings and combiner boxes can be determined by examination of the SITE PLAN C1.1 and AC INTERCONNECTION SINGLE LINE DIAGRAM E2.1 in this Appendix. The Generating Facility uses current inverters to convert the solar array direct current to alternating current at the service connection frequency of 60 Hz. The Generating Facility has two cmrent inverters manufactured by SMA model Sunny Central 750 CP-US with an output rating of750 leVA and 342 V AC. The design operating power factor of the current inverters is Form 14-786 00/0000 100%. The current inverter can operate with leading 0.90 to lagging of 0.90 power factor. Two current inverters described above are connected to a single transformer. The transformer is manufactured by Xxxxxx. The transformer is rated 12 KV/342V, 1.5KVA. The electrical arrangement of solar array, current inverters, inverter output transformers and interconnection service transformer can be determined by examination of the AC INTERCONNECTION SINGLE LINE DIAGRAM E2.1 in this Appendix. The Generating Facility includes the following electrical meters and associated appurtenances: √ SCE combined Billing and NGO meter √ Generating Facility owned meter The Generating Facility includes the following telemetering equipment to transmit telemetry via Choose an item. to SCE and CISO as required by tariff or this Agreement: √ SCE Remote Terminal Unit ("RTU"). √ SCE Real Time Energy Metering system ("RTEM"). √ Other: TBD The Generating Facility contains meteorological equipment organized into MET STATION PAD stations located {TBD}. The meteorological equipment meets standards of: {TBD BASED ON SCE REQUIRMENT} The site of the Generating Facility has been improved to include the following attributes: √ Access road. √ Fencing of the perimeter of the Generating Facility. √ Manual gate with chain and lock. √ Site well water. IRRIGATION AND WASTE WATER ONLY IF ALLOWED UNDER CUP Form 14-786 10/2011 Form 14-786 00/0000 Form 14-786 10/2011 For the purpose of selling power produced by the Generating Facility pursuant to Assembly Bi111969, under Section 399.20 et seq. of the California Public Utilities Code, Producer hereby declares that the Renewable Generating Facility complies with the requirements for "Eligible Renewable Resource" as such term is used in Section 399.11 et seq. of the California Public Utilities Code ("ERR Requirements") and that the output from the Generating Facility complies with the requirements of the California Renewables Portfolio Standards ("RPS Requirements"). Producer warrants that, beginning on the date of Initial Operation and continuing throughout the Term of this Agreement, its Renewable Generating Facility shall continue to comply with the ERR Requirements and RPS Requirements. If Producer becomes aware that the Renewable Generating Facility or its output has ceased to comply with the ERR Requirements or RPS Requirements, Producer shall promptly provide SCE with Notice of such change pursuant to Section 12 of the Agreement. If at any time during the Term of this Agreement SCE determines in its reasonable discretion that Producer's Renewable Generating Facility may no longer comply with the ERR Requirements or RPS Requirements, SCE may require Producer to provide evidence that the Renewable Generating Facility continues to comply with the ERR Requirements and RPS Requirements within 15 business days of SCE's Notice requesting such evidence. Additionally, SCE may periodically (typically, once per year) inspect Producer's Renewable Generating Facility and/or require documentation from Producer to monitor the Renewable Generating Facility's compliance with the ERR Requirements and RPS Requirements. If SCE determines in its reasonable judgment that Producer either failed to provide evidence in a timely manner or that it provided insufficient evidence that its Renewable Generating Facility continues to comply with the ERR Requirements or RPS Requirements, then the Eligible Renewable Resource Status (the "ERR Status") or Renewables Portfolio Standard Status (the "RPS Status") of the Renewable Generating Facility shall be deemed ineffective until such time as Producer again demonstrates to SCE's reasonable satisfaction that the Renewable Generating Facility complies with the requirements for a Eligible Renewable Resource Generation Facility or RPS Requirements (the "ERR/RPS Status Change"). SCE shall revise its records and the administration of this Agreement to reflect the ERR/RPS Status Change and provide Notice to Producer of the ERR/RPS Status Change pursuant to Section 12 of this Agreement. Such Notice shall specify the effective date of the ERR/RPS Status Change. This date shall be the first day of the calendar month for which SCE determines in its sole discretion that the Renewable Generating Facility first ceased to comply with the ERR Requirements or RPS Requirements. SCE"s Notice shall include an invoice for the refund of payments that were made to Producer during the period between the effective date of the ERR/RPS Status Change and the date of the last Notice in reliance upon Producer's representations that the Renewable Generating Facility complied with the ERR Requirements and RPS Requirements and therefore was eligible to sell power to SCE as a result of satisfying the ERR Requirements and RPS Requirements. During the period when the ERR Status or RPS Status is deemed to be ineffective, SCE shall not pay Producer for Product. Notwithstanding the foregoing, to the extent a change in law occurs after execution of this Agreement that causes the warranty contained in this Appendix C to be materially false or misleading, Producer shall not be in default of this Agreement if Producer has used commercially reasonable efforts to comply with such change in law. Any amounts to be paid or refunded by Producer, as may be invoiced by SCE pursuant to the terms of this ERR Warranty, shall be paid to SCE within 30 days of Producer's receipt of such invoice. Form 14-786 00/0000 For the purpose of selling power produced by the Generating Facility pursuant to Assembly Bill1969, under Section 399.20 et seq. of the California Public Utilities Code, Producer hereby declares that the Renewable Generating Facility prior to January 1, 2002 complied with the requirements and for the Term of this Agreement shall continue to comply with both the requirements for a Small Power Producer "Qualifying Facility" as such term is used in 18 Code of Federal Regulations Part 292, Section 292.203 et seq. implementing the Public Utility Regulatory Policies Act of 1978 as amended by the Energy Policy Act of 2005 and the requirements for "Eligible Renewable Resource", applicable for resources in service prior to January 1, 2002, as such term is used in Section 399.11 et seq. of the California Public Utilities Code ("SPP QF Requirements"). Producer warrants that, beginning on the date of Initial Operation and continuing throughout the Term of this Agreement, the Renewable Generating Facility shall continue to comply with such SPP QF Requirements. If Producer becomes aware that its Renewable Generating Facility has ceased to comply with the SPP QF Requirements, Producer shall promptly provide SCE with Notice of such change pursuant to Section 12 of the Agreement. If at any time during the Term of this Agreement SCE determines in its reasonable discretion that Producer's Renewable Generating Facility may no longer comply with the SPP QF Requirements, SCE may require Producer to provide evidence that the Renewable Generating Facility continues to comply with the SPP OF Requirements within 15 business days of SCE's Notice requesting such evidence. Additionally, SCE may periodically (typically, once per year) inspect Producer's Renewable Generating Facility and/or require documentation from Producer to monitor the Renewable Generating Facility's compliance with the SPP QF Requirements. If SCE determines in its reasonable judgment that Producer either failed to provide evidence in a timely manner or that it provided insufficient evidence that its Renewable Generating Facility continues to comply with the SPP QF Requirements, then the Small Power Producer Qualifying Facility Status (the "SPP QF Status") of the Renewable Generating Facility shall be deemed ineffective until such time as Producer again demonstrates to SCE's reasonable satisfaction that the Renewable Generating Facility complies with the requirements for a Small Power Producer Qualifying Facility (the "SPP QF Status Change"). SCE shall revise its records and the administration of this Agreement to reflect the SPP QF Status Change and provide Notice to Producer of the SPP QF Status Change pursuant to Section 12 of this Agreement. Such Notice shall specify the effective date of the SPP QF Status Change. This date shall be the first day of the calendar month for which SCE determines in its sole discretion that the Renewable Generating Facility first ceased to comply with the SPP QF Requirements. SCE's Notice shall include an invoice for the refund of payments that were made to Producer during the period between the effective date of the SPP OF Status Change and the date of the last Notice in reliance upon Producer's representations that the Renewable Generating Facility complied with the SPP QF Requirements and therefore was eligible to sell power to SCE as a result of satisfying the SPP QF Requirements. During the period when the SPP QF Status is deemed to be ineffective, SCE shall not pay Producer for Product. Any amounts to be paid or refunded by Producer, as may be invoked by SCE pursuant to the terms of this SPP QF Warranty, shall be paid to SCE within 30 days of Producer's receipt of such invoice. Form 14-786 00/0000

Equipment Summary. The Generating Facility is comprised of a solar array, current inverter(s), inverter output transformer(s), interconnection service transformer (if applicable), electrical metering equipment, telemetering equipment and meteorological equipment including SCADA system. The following summarize the major equipment: See the SITE PLAN C1.1 and AC INTERCONNECTION SINGLE LINE DIAGRAM E 2.1 drawing sheets in this Appendix. The solar array is mounted on racks with a fixed tilt angle of 20° C from horizontal and facing 195°C from magnetic North. The solar array is comprised of22,960 modules manufactured by First Solar model FS-380 with an output rating of 80 xxxxx at Standard Test Conditions. The Gross Rating of the solar array is 22,960 modules times .080 kW for a Gross Rating of I ,836.8 kW. The nominal solar array output voltage will range from -1000 V DC to 1000 V DC Max floating, I OOOV Max across inverter terminals at the current inverter input terminals. The electrical arrangement of modules, strings and combiner boxes can be determined by examination of the SITE PLAN C1.1 and AC INTERCONNECTION SINGLE LINE DIAGRAM E2.1 in this Appendix. The Generating Facility uses current inverters to convert the solar array direct current to alternating current at the service connection frequency of 60 Hz. The Generating Facility has two cmrent inverters manufactured by SMA model Sunny Central 750 CP-US with an output rating of750 leVA and 342 V AC. The design operating power factor of the current inverters is Form 14-786 00/0000 10/2011 100%. The current inverter can operate with leading 0.90 to lagging of 0.90 power factor. Two current inverters described above are connected to a single transformer. The transformer is manufactured by Xxxxxx. The transformer is rated 12 KV/342V, 1.5KVA. The electrical arrangement of solar array, current inverters, inverter output transformers and interconnection service transformer can be determined by examination of the AC INTERCONNECTION SINGLE LINE DIAGRAM E2.1 in this Appendix. The Generating Facility includes the following electrical meters and associated appurtenances: √ SCE combined Billing and NGO meter √ Generating Facility owned meter The Generating Facility includes the following telemetering equipment to transmit telemetry via Choose an item. to SCE and CISO as required by tariff or this Agreement: √ SCE Remote Terminal Unit ("RTU"). √ SCE Real Time Energy Metering system ("RTEM"). √ Other: TBD The Generating Facility contains meteorological equipment organized into MET STATION PAD stations located {TBD}. The meteorological equipment meets standards of: {TBD BASED ON SCE REQUIRMENT} The site of the Generating Facility has been improved to include the following attributes: √ Access road. √ Fencing of the perimeter of the Generating Facility. √ Manual gate with chain and lock. √ Site well water. IRRIGATION AND WASTE WATER ONLY IF ALLOWED UNDER CUP Form 14-786 10/2011 • l Form 14-786 00/0000 10/2011 Form 14-786 10/2011 For the purpose of selling power produced by the Generating Facility pursuant to Assembly Bi111969, under Section 399.20 et seq. of the California Public Utilities Code, Producer hereby declares that the Renewable Generating Facility complies with the requirements for "Eligible Renewable Resource" as such term is used in Section 399.11 et seq. of the California Public Utilities Code ("ERR Requirements") and that the output from the Generating Facility complies with the requirements of the California Renewables Portfolio Standards ("RPS Requirements"). Producer warrants that, beginning on the date of Initial Operation and continuing throughout the Term of this Agreement, its Renewable Generating Facility shall continue to comply with the ERR Requirements and RPS Requirements. If Producer becomes aware that the Renewable Generating Facility or its output has ceased to comply with the ERR Requirements or RPS Requirements, Producer shall promptly provide SCE with Notice of such change pursuant to Section 12 of the Agreement. If at any time during the Term of this Agreement SCE determines in its reasonable discretion that Producer's Renewable Generating Facility may no longer comply with the ERR Requirements or RPS Requirements, SCE may require Producer to provide evidence that the Renewable Generating Facility continues to comply with the ERR Requirements and RPS Requirements within 15 business days of SCE's Notice requesting such evidence. Additionally, SCE may periodically (typically, once per year) inspect Producer's Renewable Generating Facility and/or require documentation from Producer to monitor the Renewable Generating Facility's compliance with the ERR Requirements and RPS Requirements. If SCE determines in its reasonable judgment that Producer either failed to provide evidence in a timely manner or that it provided insufficient evidence that its Renewable Generating Facility continues to comply with the ERR Requirements or RPS Requirements, then the Eligible Renewable Resource Status (the "ERR Status") or Renewables Portfolio Standard Status (the "RPS Status") of the Renewable Generating Facility shall be deemed ineffective until such time as Producer again demonstrates to SCE's reasonable satisfaction that the Renewable Generating Facility complies with the requirements for a Eligible Renewable Resource Generation Facility or RPS Requirements (the "ERR/RPS Status Change"). SCE shall revise its records and the administration of this Agreement to reflect the ERR/RPS Status Change and provide Notice to Producer of the ERR/RPS Status Change pursuant to Section 12 of this Agreement. Such Notice shall specify the effective date of the ERR/RPS Status Change. This date shall be the first day of the calendar month for which SCE determines in its sole discretion that the Renewable Generating Facility first ceased to comply with the ERR Requirements or RPS Requirements. SCE"s Notice shall include an invoice for the refund of payments that were made to Producer during the period between the effective date of the ERR/RPS Status Change and the date of the last Notice in reliance upon Producer's representations that the Renewable Generating Facility complied with the ERR Requirements and RPS Requirements and therefore was eligible to sell power to SCE as a result of satisfying the ERR Requirements and RPS Requirements. During the period when the ERR Status or RPS Status is deemed to be ineffective, SCE shall not pay Producer for Product. Notwithstanding the foregoing, to the extent a change in law occurs after execution of this Agreement that causes the warranty contained in this Appendix C to be materially false or misleading, Producer shall not be in default of this Agreement if Producer has used commercially reasonable efforts to comply with such change in law. Any amounts to be paid or refunded by Producer, as may be invoiced by SCE pursuant to the terms of this ERR Warranty, shall be paid to SCE within 30 days of Producer's receipt of such invoice. Form 14-786 00/0000 10/2011 For the purpose of selling power produced by the Generating Facility pursuant to Assembly Bill1969, under Section 399.20 et seq. of the California Public Utilities Code, Producer hereby declares that the Renewable Generating Facility prior to January 1, 2002 complied with the requirements and for the Term of this Agreement shall continue to comply with both the requirements for a Small Power Producer "Qualifying Facility" as such term is used in 18 Code of Federal Regulations Part 292, Section 292.203 et seq. implementing the Public Utility Regulatory Policies Act of 1978 as amended by the Energy Policy Act of 2005 and the requirements for "Eligible Renewable Resource", applicable for resources in service prior to January 1, 2002, as such term is used in Section 399.11 et seq. of the California Public Utilities Code ("SPP QF Requirements"). Producer warrants that, beginning on the date of Initial Operation and continuing throughout the Term of this Agreement, the Renewable Generating Facility shall continue to comply with such SPP QF Requirements. If Producer becomes aware that its Renewable Generating Facility has ceased to comply with the SPP QF Requirements, Producer shall promptly provide SCE with Notice of such change pursuant to Section 12 of the Agreement. If at any time during the Term of this Agreement SCE determines in its reasonable discretion that Producer's Renewable Generating Facility may no longer comply with the SPP QF Requirements, SCE may require Producer to provide evidence that the Renewable Generating Facility continues to comply with the SPP OF Requirements within 15 business days of SCE's Notice requesting such evidence. Additionally, SCE may periodically (typically, once per year) inspect Producer's Renewable Generating Facility and/or require documentation from Producer to monitor the Renewable Generating Facility's compliance with the SPP QF Requirements. If SCE determines in its reasonable judgment that Producer either failed to provide evidence in a timely manner or that it provided insufficient evidence that its Renewable Generating Facility continues to comply with the SPP QF Requirements, then the Small Power Producer Qualifying Facility Status (the "SPP QF Status") of the Renewable Generating Facility shall be deemed ineffective until such time as Producer again demonstrates to SCE's reasonable satisfaction that the Renewable Generating Facility complies with the requirements for a Small Power Producer Qualifying Facility (the "SPP QF Status Change"). SCE shall revise its records and the administration of this Agreement to reflect the SPP QF Status Change and provide Notice to Producer of the SPP QF Status Change pursuant to Section 12 of this Agreement. Such Notice shall specify the effective date of the SPP QF Status Change. This date shall be the first day of the calendar month for which SCE determines in its sole discretion that the Renewable Generating Facility first ceased to comply with the SPP QF Requirements. SCE's Notice shall include an invoice for the refund of payments that were made to Producer during the period between the effective date of the SPP OF Status Change and the date of the last Notice in reliance upon Producer's representations that the Renewable Generating Facility complied with the SPP QF Requirements and therefore was eligible to sell power to SCE as a result of satisfying the SPP QF Requirements. During the period when the SPP QF Status is deemed to be ineffective, SCE shall not pay Producer for Product. Any amounts to be paid or refunded by Producer, as may be invoked by SCE pursuant to the terms of this SPP QF Warranty, shall be paid to SCE within 30 days of Producer's receipt of such invoice. Form 14-786 00/000010/2011

Equipment Summary. The Generating Facility is comprised of a solar array, current inverter(s), inverter output transformer(s), interconnection service transformer (if applicable), electrical metering equipment, telemetering equipment and meteorological equipment including SCADA system. The following summarize the major equipment: See the SITE PLAN C1.1 and AC INTERCONNECTION SINGLE LINE DIAGRAM E 2.1 drawing sheets in this Appendix. The solar array is mounted on racks with a fixed tilt angle of 20° C from horizontal and facing 195°C from magnetic North. The solar array is comprised of22,960 modules manufactured by First Solar model FS-380 with an output rating of 80 xxxxx at Standard Test Conditions. The Gross Rating of the solar array is 22,960 modules times .080 kW for a Gross Rating of I ,836.8 kW. The nominal solar array output voltage will range from -1000 V DC to 1000 V DC Max floating, I OOOV Max across inverter terminals at the current inverter input terminals. The electrical arrangement of modules, strings and combiner boxes can be determined by examination of the SITE PLAN C1.1 and AC INTERCONNECTION SINGLE LINE DIAGRAM E2.1 in this Appendix. The Generating Facility uses current inverters to convert the solar array direct current to alternating current at the service connection frequency of 60 Hz. The Generating Facility has two cmrent inverters manufactured by SMA model Sunny Central 750 CP-US with an output rating of750 leVA and 342 V AC. The design operating power factor of the current inverters is Form 14-786 00/0000 100%. The current inverter can operate with leading 0.90 to lagging of 0.90 power factor. Two current inverters described above are connected to a single transformer. The transformer is manufactured by Xxxxxx. The transformer is rated 12 KV/342V, 1.5KVA. The electrical arrangement of solar array, current inverters, inverter output transformers and interconnection service transformer can be determined by examination of the AC INTERCONNECTION SINGLE LINE DIAGRAM E2.1 in this Appendix. The Generating Facility includes the following electrical meters and associated appurtenances: √ SCE combined Billing and NGO meter √ Generating Facility owned meter The Generating Facility includes the following telemetering equipment to transmit telemetry via Choose an item. to SCE and CISO as required by tariff or this Agreement: √ SCE Remote Terminal Unit ("RTU"). √ SCE Real Time Energy Metering system ("RTEM"). √ Other: TBD The Generating Facility contains meteorological equipment organized into MET STATION PAD stations located {TBD}. The meteorological equipment meets standards of: {TBD BASED ON SCE REQUIRMENT} The site of the Generating Facility has been improved to include the following attributes: √ Access road. √ Fencing of the perimeter of the Generating Facility. √ Manual gate with chain and lock. √ Site well water. IRRIGATION AND WASTE WATER ONLY IF ALLOWED UNDER CUP Form 14-786 10/2011 00/0000 • l Form 14-786 00/0000 10/2011 Form 14-786 10/2011 For the purpose of selling power produced by the Generating Facility pursuant to Assembly Bi111969, under Section 399.20 et seq. of the California Public Utilities Code, Producer hereby declares that the Renewable Generating Facility complies with the requirements for "Eligible Renewable Resource" as such term is used in Section 399.11 et seq. of the California Public Utilities Code ("ERR Requirements") and that the output from the Generating Facility complies with the requirements of the California Renewables Portfolio Standards ("RPS Requirements"). Producer warrants that, beginning on the date of Initial Operation and continuing throughout the Term of this Agreement, its Renewable Generating Facility shall continue to comply with the ERR Requirements and RPS Requirements. If Producer becomes aware that the Renewable Generating Facility or its output has ceased to comply with the ERR Requirements or RPS Requirements, Producer shall promptly provide SCE with Notice of such change pursuant to Section 12 of the Agreement. If at any time during the Term of this Agreement SCE determines in its reasonable discretion that Producer's Renewable Generating Facility may no longer comply with the ERR Requirements or RPS Requirements, SCE may require Producer to provide evidence that the Renewable Generating Facility continues to comply with the ERR Requirements and RPS Requirements within 15 business days of SCE's Notice requesting such evidence. Additionally, SCE may periodically (typically, once per year) inspect Producer's Renewable Generating Facility and/or require documentation from Producer to monitor the Renewable Generating Facility's compliance with the ERR Requirements and RPS Requirements. If SCE determines in its reasonable judgment that Producer either failed to provide evidence in a timely manner or that it provided insufficient evidence that its Renewable Generating Facility continues to comply with the ERR Requirements or RPS Requirements, then the Eligible Renewable Resource Status (the "ERR Status") or Renewables Portfolio Standard Status (the "RPS Status") of the Renewable Generating Facility shall be deemed ineffective until such time as Producer again demonstrates to SCE's reasonable satisfaction that the Renewable Generating Facility complies with the requirements for a Eligible Renewable Resource Generation Facility or RPS Requirements (the "ERR/RPS Status Change"). SCE shall revise its records and the administration of this Agreement to reflect the ERR/RPS Status Change and provide Notice to Producer of the ERR/RPS Status Change pursuant to Section 12 of this Agreement. Such Notice shall specify the effective date of the ERR/RPS Status Change. This date shall be the first day of the calendar month for which SCE determines in its sole discretion that the Renewable Generating Facility first ceased to comply with the ERR Requirements or RPS Requirements. SCE"s Notice shall include an invoice for the refund of payments that were made to Producer during the period between the effective date of the ERR/RPS Status Change and the date of the last Notice in reliance upon Producer's representations that the Renewable Generating Facility complied with the ERR Requirements and RPS Requirements and therefore was eligible to sell power to SCE as a result of satisfying the ERR Requirements and RPS Requirements. During the period when the ERR Status or RPS Status is deemed to be ineffective, SCE shall not pay Producer for Product. Notwithstanding the foregoing, to the extent a change in law occurs after execution of this Agreement that causes the warranty contained in this Appendix C to be materially false or misleading, Producer shall not be in default of this Agreement if Producer has used commercially reasonable efforts to comply with such change in law. Any amounts to be paid or refunded by Producer, as may be invoiced by SCE pursuant to the terms of this ERR Warranty, shall be paid to SCE within 30 days of Producer's receipt of such invoice. Form 14-786 00/0000 For the purpose of selling power produced by the Generating Facility pursuant to Assembly Bill1969, under Section 399.20 et seq. of the California Public Utilities Code, Producer hereby declares that the Renewable Generating Facility prior to January 1, 2002 complied with the requirements and for the Term of this Agreement shall continue to comply with both the requirements for a Small Power Producer "Qualifying Facility" as such term is used in 18 Code of Federal Regulations Part 292, Section 292.203 et seq. implementing the Public Utility Regulatory Policies Act of 1978 as amended by the Energy Policy Act of 2005 and the requirements for "Eligible Renewable Resource", applicable for resources in service prior to January 1, 2002, as such term is used in Section 399.11 et seq. of the California Public Utilities Code ("SPP QF Requirements"). Producer warrants that, beginning on the date of Initial Operation and continuing throughout the Term of this Agreement, the Renewable Generating Facility shall continue to comply with such SPP QF Requirements. If Producer becomes aware that its Renewable Generating Facility has ceased to comply with the SPP QF Requirements, Producer shall promptly provide SCE with Notice of such change pursuant to Section 12 of the Agreement. If at any time during the Term of this Agreement SCE determines in its reasonable discretion that Producer's Renewable Generating Facility may no longer comply with the SPP QF Requirements, SCE may require Producer to provide evidence that the Renewable Generating Facility continues to comply with the SPP OF Requirements within 15 business days of SCE's Notice requesting such evidence. Additionally, SCE may periodically (typically, once per year) inspect Producer's Renewable Generating Facility and/or require documentation from Producer to monitor the Renewable Generating Facility's compliance with the SPP QF Requirements. If SCE determines in its reasonable judgment that Producer either failed to provide evidence in a timely manner or that it provided insufficient evidence that its Renewable Generating Facility continues to comply with the SPP QF Requirements, then the Small Power Producer Qualifying Facility Status (the "SPP QF Status") of the Renewable Generating Facility shall be deemed ineffective until such time as Producer again demonstrates to SCE's reasonable satisfaction that the Renewable Generating Facility complies with the requirements for a Small Power Producer Qualifying Facility (the "SPP QF Status Change"). SCE shall revise its records and the administration of this Agreement to reflect the SPP QF Status Change and provide Notice to Producer of the SPP QF Status Change pursuant to Section 12 of this Agreement. Such Notice shall specify the effective date of the SPP QF Status Change. This date shall be the first day of the calendar month for which SCE determines in its sole discretion that the Renewable Generating Facility first ceased to comply with the SPP QF Requirements. SCE's Notice shall include an invoice for the refund of payments that were made to Producer during the period between the effective date of the SPP OF Status Change and the date of the last Notice in reliance upon Producer's representations that the Renewable Generating Facility complied with the SPP QF Requirements and therefore was eligible to sell power to SCE as a result of satisfying the SPP QF Requirements. During the period when the SPP QF Status is deemed to be ineffective, SCE shall not pay Producer for Product. Any amounts to be paid or refunded by Producer, as may be invoked by SCE pursuant to the terms of this SPP QF Warranty, shall be paid to SCE within 30 days of Producer's receipt of such invoice. Form 14-786 00/0000

Equipment Summary. The Generating Facility is comprised of a solar array, current inverter(s), inverter output transformer(s), interconnection service transformer (if applicable), electrical metering equipment, telemetering equipment and meteorological equipment including SCADA system. The following summarize the major equipment: See the SITE PLAN C1.1 and AC INTERCONNECTION SINGLE LINE DIAGRAM E 2.1 drawing sheets in this Appendix. The solar array is mounted on racks with a fixed tilt angle of 20° C from horizontal and facing 195°C from magnetic North. The solar array is comprised of22,960 modules manufactured by First Solar model FS-380 with an output rating of 80 xxxxx at Standard Test Conditions. The Gross Rating of the solar array is 22,960 modules times .080 kW for a Gross Rating of I ,836.8 kW. The nominal solar array output voltage will range from -1000 V DC to 1000 V DC Max floating, I OOOV Max across inverter terminals at the current inverter input terminals. The electrical arrangement of modules, strings and combiner boxes can be determined by examination of the SITE PLAN C1.1 and AC INTERCONNECTION SINGLE LINE DIAGRAM E2.1 in this Appendix. The Generating Facility uses current inverters to convert the solar array direct current to alternating current at the service connection frequency of 60 Hz. The Generating Facility has two cmrent inverters manufactured by SMA model Sunny Central 750 CP-US with an output rating of750 leVA and 342 V AC. The design operating power factor of the current inverters is Form 14-786 00/0000 10/2011 100%. The current inverter can operate with leading 0.90 to lagging of 0.90 power factor. Two current inverters described above are connected to a single transformer. The transformer is manufactured by Xxxxxx. The transformer is rated 12 KV/342V, 1.5KVA. The electrical arrangement of solar array, current inverters, inverter output transformers and interconnection service transformer can be determined by examination of the AC INTERCONNECTION SINGLE LINE DIAGRAM E2.1 in this Appendix. The Generating Facility includes the following electrical meters and associated appurtenances: √ SCE combined Billing and NGO meter √ Generating Facility owned meter The Generating Facility includes the following telemetering equipment to transmit telemetry via Choose an item. to SCE and CISO as required by tariff or this Agreement: √ SCE Remote Terminal Unit ("RTU"). √ SCE Real Time Energy Metering system ("RTEM"). √ Other: TBD The Generating Facility contains meteorological equipment organized into MET STATION PAD stations located {TBD}. The meteorological equipment meets standards of: {TBD BASED ON SCE REQUIRMENT} The site of the Generating Facility has been improved to include the following attributes: √ Access road. √ Fencing of the perimeter of the Generating Facility. √ Manual gate with chain and lock. √ Site well water. IRRIGATION AND WASTE WATER ONLY IF ALLOWED UNDER CUP Form 14-786 10/2011 Form 14-786 00/0000 Form 14-786 10/2011 For the purpose of selling power produced by the Generating Facility pursuant to Assembly Bi111969, under Section 399.20 et seq. of the California Public Utilities Code, Producer hereby declares that the Renewable Generating Facility complies with the requirements for "Eligible Renewable Resource" as such term is used in Section 399.11 et seq. of the California Public Utilities Code ("ERR Requirements") and that the output from the Generating Facility complies with the requirements of the California Renewables Portfolio Standards ("RPS Requirements"). Producer warrants that, beginning on the date of Initial Operation and continuing throughout the Term of this Agreement, its Renewable Generating Facility shall continue to comply with the ERR Requirements and RPS Requirements. If Producer becomes aware that the Renewable Generating Facility or its output has ceased to comply with the ERR Requirements or RPS Requirements, Producer shall promptly provide SCE with Notice of such change pursuant to Section 12 of the Agreement. If at any time during the Term of this Agreement SCE determines in its reasonable discretion that Producer's Renewable Generating Facility may no longer comply with the ERR Requirements or RPS Requirements, SCE may require Producer to provide evidence that the Renewable Generating Facility continues to comply with the ERR Requirements and RPS Requirements within 15 business days of SCE's Notice requesting such evidence. Additionally, SCE may periodically (typically, once per year) inspect Producer's Renewable Generating Facility and/or require documentation from Producer to monitor the Renewable Generating Facility's compliance with the ERR Requirements and RPS Requirements. If SCE determines in its reasonable judgment that Producer either failed to provide evidence in a timely manner or that it provided insufficient evidence that its Renewable Generating Facility continues to comply with the ERR Requirements or RPS Requirements, then the Eligible Renewable Resource Status (the "ERR Status") or Renewables Portfolio Standard Status (the "RPS Status") of the Renewable Generating Facility shall be deemed ineffective until such time as Producer again demonstrates to SCE's reasonable satisfaction that the Renewable Generating Facility complies with the requirements for a Eligible Renewable Resource Generation Facility or RPS Requirements (the "ERR/RPS Status Change"). SCE shall revise its records and the administration of this Agreement to reflect the ERR/RPS Status Change and provide Notice to Producer of the ERR/RPS Status Change pursuant to Section 12 of this Agreement. Such Notice shall specify the effective date of the ERR/RPS Status Change. This date shall be the first day of the calendar month for which SCE determines in its sole discretion that the Renewable Generating Facility first ceased to comply with the ERR Requirements or RPS Requirements. SCE"s Notice shall include an invoice for the refund of payments that were made to Producer during the period between the effective date of the ERR/RPS Status Change and the date of the last Notice in reliance upon Producer's representations that the Renewable Generating Facility complied with the ERR Requirements and RPS Requirements and therefore was eligible to sell power to SCE as a result of satisfying the ERR Requirements and RPS Requirements. During the period when the ERR Status or RPS Status is deemed to be ineffective, SCE shall not pay Producer for Product. Notwithstanding the foregoing, to the extent a change in law occurs after execution of this Agreement that causes the warranty contained in this Appendix C to be materially false or misleading, Producer shall not be in default of this Agreement if Producer has used commercially reasonable efforts to comply with such change in law. Any amounts to be paid or refunded by Producer, as may be invoiced by SCE pursuant to the terms of this ERR Warranty, shall be paid to SCE within 30 days of Producer's receipt of such invoice. Form 14-786 00/0000 10/2011 For the purpose of selling power produced by the Generating Facility pursuant to Assembly Bill1969, under Section 399.20 et seq. of the California Public Utilities Code, Producer hereby declares that the Renewable Generating Facility prior to January 1, 2002 complied with the requirements and for the Term of this Agreement shall continue to comply with both the requirements for a Small Power Producer "Qualifying Facility" as such term is used in 18 Code of Federal Regulations Part 292, Section 292.203 et seq. implementing the Public Utility Regulatory Policies Act of 1978 as amended by the Energy Policy Act of 2005 and the requirements for "Eligible Renewable Resource", applicable for resources in service prior to January 1, 2002, as such term is used in Section 399.11 et seq. of the California Public Utilities Code ("SPP QF Requirements"). Producer warrants that, beginning on the date of Initial Operation and continuing throughout the Term of this Agreement, the Renewable Generating Facility shall continue to comply with such SPP QF Requirements. If Producer becomes aware that its Renewable Generating Facility has ceased to comply with the SPP QF Requirements, Producer shall promptly provide SCE with Notice of such change pursuant to Section 12 of the Agreement. If at any time during the Term of this Agreement SCE determines in its reasonable discretion that Producer's Renewable Generating Facility may no longer comply with the SPP QF Requirements, SCE may require Producer to provide evidence that the Renewable Generating Facility continues to comply with the SPP OF Requirements within 15 business days of SCE's Notice requesting such evidence. Additionally, SCE may periodically (typically, once per year) inspect Producer's Renewable Generating Facility and/or require documentation from Producer to monitor the Renewable Generating Facility's compliance with the SPP QF Requirements. If SCE determines in its reasonable judgment that Producer either failed to provide evidence in a timely manner or that it provided insufficient evidence that its Renewable Generating Facility continues to comply with the SPP QF Requirements, then the Small Power Producer Qualifying Facility Status (the "SPP QF Status") of the Renewable Generating Facility shall be deemed ineffective until such time as Producer again demonstrates to SCE's reasonable satisfaction that the Renewable Generating Facility complies with the requirements for a Small Power Producer Qualifying Facility (the "SPP QF Status Change"). SCE shall revise its records and the administration of this Agreement to reflect the SPP QF Status Change and provide Notice to Producer of the SPP QF Status Change pursuant to Section 12 of this Agreement. Such Notice shall specify the effective date of the SPP QF Status Change. This date shall be the first day of the calendar month for which SCE determines in its sole discretion that the Renewable Generating Facility first ceased to comply with the SPP QF Requirements. SCE's Notice shall include an invoice for the refund of payments that were made to Producer during the period between the effective date of the SPP OF Status Change and the date of the last Notice in reliance upon Producer's representations that the Renewable Generating Facility complied with the SPP QF Requirements and therefore was eligible to sell power to SCE as a result of satisfying the SPP QF Requirements. During the period when the SPP QF Status is deemed to be ineffective, SCE shall not pay Producer for Product. Any amounts to be paid or refunded by Producer, as may be invoked by SCE pursuant to the terms of this SPP QF Warranty, shall be paid to SCE within 30 days of Producer's receipt of such invoice. Form 14-786 00/000010/2011

Equipment Summary. The Generating Facility is comprised of a solar array, current inverter(s), inverter output transformer(s), interconnection service transformer (if applicable), electrical metering equipment, telemetering equipment and meteorological equipment including SCADA system. The following summarize the major equipment: See the SITE PLAN C1.1 and AC INTERCONNECTION SINGLE LINE DIAGRAM E 2.1 drawing sheets in this Appendix. The solar array is mounted on racks with a fixed tilt angle of 20° C from horizontal and facing 195°C from magnetic North. The solar array is comprised of22,960 modules manufactured by First Solar model FS-380 with an output rating of 80 xxxxx at Standard Test Conditions. The Gross Rating of the solar array is 22,960 modules times .080 kW for a Gross Rating of I ,836.8 kW. The nominal solar array output voltage will range from -1000 V DC to 1000 V DC Max floating, I OOOV Max across inverter terminals at the current inverter input terminals. The electrical arrangement of modules, strings and combiner boxes can be determined by examination of the SITE PLAN C1.1 and AC INTERCONNECTION SINGLE LINE DIAGRAM E2.1 in this Appendix. The Generating Facility uses current inverters to convert the solar array direct current to alternating current at the service connection frequency of 60 Hz. The Generating Facility has two cmrent inverters manufactured by SMA model Sunny Central 750 CP-US with an output rating of750 leVA and 342 V AC. The design operating power factor of the current inverters is Form 14-786 00/0000 100%. The current inverter can operate with leading 0.90 to lagging of 0.90 power factor. Two current inverters described above are connected to a single transformer. The transformer is manufactured by Xxxxxx. The transformer is rated 12 KV/342V, 1.5KVA. The electrical arrangement of solar array, current inverters, inverter output transformers and interconnection service transformer can be determined by examination of the AC INTERCONNECTION SINGLE LINE DIAGRAM E2.1 in this Appendix. The Generating Facility includes the following electrical meters and associated appurtenances: √ SCE combined Billing and NGO meter √ Generating Facility owned meter The Generating Facility includes the following telemetering equipment to transmit telemetry via Choose an item. to SCE and CISO as required by tariff or this Agreement: √ SCE Remote Terminal Unit ("RTU"). √ SCE Real Time Energy Metering system ("RTEM"). √ Other: TBD The Generating Facility contains meteorological equipment organized into MET STATION PAD stations located {TBD}. The meteorological equipment meets standards of: {TBD BASED ON SCE REQUIRMENT} The site of the Generating Facility has been improved to include the following attributes: √ Access road. √ Fencing of the perimeter of the Generating Facility. √ Manual gate with chain and lock. √ Site well water. IRRIGATION AND WASTE WATER ONLY IF ALLOWED UNDER CUP Form 14-786 10/2011 • l Form 14-786 00/0000 10/2011 Form 14-786 10/2011 For the purpose of selling power produced by the Generating Facility pursuant to Assembly Bi111969, under Section 399.20 et seq. of the California Public Utilities Code, Producer hereby declares that the Renewable Generating Facility complies with the requirements for "Eligible Renewable Resource" as such term is used in Section 399.11 et seq. of the California Public Utilities Code ("ERR Requirements") and that the output from the Generating Facility complies with the requirements of the California Renewables Portfolio Standards ("RPS Requirements"). Producer warrants that, beginning on the date of Initial Operation and continuing throughout the Term of this Agreement, its Renewable Generating Facility shall continue to comply with the ERR Requirements and RPS Requirements. If Producer becomes aware that the Renewable Generating Facility or its output has ceased to comply with the ERR Requirements or RPS Requirements, Producer shall promptly provide SCE with Notice of such change pursuant to Section 12 of the Agreement. If at any time during the Term of this Agreement SCE determines in its reasonable discretion that Producer's Renewable Generating Facility may no longer comply with the ERR Requirements or RPS Requirements, SCE may require Producer to provide evidence that the Renewable Generating Facility continues to comply with the ERR Requirements and RPS Requirements within 15 business days of SCE's Notice requesting such evidence. Additionally, SCE may periodically (typically, once per year) inspect Producer's Renewable Generating Facility and/or require documentation from Producer to monitor the Renewable Generating Facility's compliance with the ERR Requirements and RPS Requirements. If SCE determines in its reasonable judgment that Producer either failed to provide evidence in a timely manner or that it provided insufficient evidence that its Renewable Generating Facility continues to comply with the ERR Requirements or RPS Requirements, then the Eligible Renewable Resource Status (the "ERR Status") or Renewables Portfolio Standard Status (the "RPS Status") of the Renewable Generating Facility shall be deemed ineffective until such time as Producer again demonstrates to SCE's reasonable satisfaction that the Renewable Generating Facility complies with the requirements for a Eligible Renewable Resource Generation Facility or RPS Requirements (the "ERR/RPS Status Change"). SCE shall revise its records and the administration of this Agreement to reflect the ERR/RPS Status Change and provide Notice to Producer of the ERR/RPS Status Change pursuant to Section 12 of this Agreement. Such Notice shall specify the effective date of the ERR/RPS Status Change. This date shall be the first day of the calendar month for which SCE determines in its sole discretion that the Renewable Generating Facility first ceased to comply with the ERR Requirements or RPS Requirements. SCE"s Notice shall include an invoice for the refund of payments that were made to Producer during the period between the effective date of the ERR/RPS Status Change and the date of the last Notice in reliance upon Producer's representations that the Renewable Generating Facility complied with the ERR Requirements and RPS Requirements and therefore was eligible to sell power to SCE as a result of satisfying the ERR Requirements and RPS Requirements. During the period when the ERR Status or RPS Status is deemed to be ineffective, SCE shall not pay Producer for Product. Notwithstanding the foregoing, to the extent a change in law occurs after execution of this Agreement that causes the warranty contained in this Appendix C to be materially false or misleading, Producer shall not be in default of this Agreement if Producer has used commercially reasonable efforts to comply with such change in law. Any amounts to be paid or refunded by Producer, as may be invoiced by SCE pursuant to the terms of this ERR Warranty, shall be paid to SCE within 30 days of Producer's receipt of such invoice. Form 14-786 00/0000 10/2011 For the purpose of selling power produced by the Generating Facility pursuant to Assembly Bill1969, under Section 399.20 et seq. of the California Public Utilities Code, Producer hereby declares that the Renewable Generating Facility prior to January 1, 2002 complied with the requirements and for the Term of this Agreement shall continue to comply with both the requirements for a Small Power Producer "Qualifying Facility" as such term is used in 18 Code of Federal Regulations Part 292, Section 292.203 et seq. implementing the Public Utility Regulatory Policies Act of 1978 as amended by the Energy Policy Act of 2005 and the requirements for "Eligible Renewable Resource", applicable for resources in service prior to January 1, 2002, as such term is used in Section 399.11 et seq. of the California Public Utilities Code ("SPP QF Requirements"). Producer warrants that, beginning on the date of Initial Operation and continuing throughout the Term of this Agreement, the Renewable Generating Facility shall continue to comply with such SPP QF Requirements. If Producer becomes aware that its Renewable Generating Facility has ceased to comply with the SPP QF Requirements, Producer shall promptly provide SCE with Notice of such change pursuant to Section 12 of the Agreement. If at any time during the Term of this Agreement SCE determines in its reasonable discretion that Producer's Renewable Generating Facility may no longer comply with the SPP QF Requirements, SCE may require Producer to provide evidence that the Renewable Generating Facility continues to comply with the SPP OF Requirements within 15 business days of SCE's Notice requesting such evidence. Additionally, SCE may periodically (typically, once per year) inspect Producer's Renewable Generating Facility and/or require documentation from Producer to monitor the Renewable Generating Facility's compliance with the SPP QF Requirements. If SCE determines in its reasonable judgment that Producer either failed to provide evidence in a timely manner or that it provided insufficient evidence that its Renewable Generating Facility continues to comply with the SPP QF Requirements, then the Small Power Producer Qualifying Facility Status (the "SPP QF Status") of the Renewable Generating Facility shall be deemed ineffective until such time as Producer again demonstrates to SCE's reasonable satisfaction that the Renewable Generating Facility complies with the requirements for a Small Power Producer Qualifying Facility (the "SPP QF Status Change"). SCE shall revise its records and the administration of this Agreement to reflect the SPP QF Status Change and provide Notice to Producer of the SPP QF Status Change pursuant to Section 12 of this Agreement. Such Notice shall specify the effective date of the SPP QF Status Change. This date shall be the first day of the calendar month for which SCE determines in its sole discretion that the Renewable Generating Facility first ceased to comply with the SPP QF Requirements. SCE's Notice shall include an invoice for the refund of payments that were made to Producer during the period between the effective date of the SPP OF Status Change and the date of the last Notice in reliance upon Producer's representations that the Renewable Generating Facility complied with the SPP QF Requirements and therefore was eligible to sell power to SCE as a result of satisfying the SPP QF Requirements. During the period when the SPP QF Status is deemed to be ineffective, SCE shall not pay Producer for Product. Any amounts to be paid or refunded by Producer, as may be invoked by SCE pursuant to the terms of this SPP QF Warranty, shall be paid to SCE within 30 days of Producer's receipt of such invoice. Form 14-786 00/000010/2011

Equipment Summary. The Generating Facility is comprised of a solar array, current inverter(s), inverter output transformer(s), interconnection service transformer (if applicable), electrical metering equipment, telemetering equipment and meteorological equipment including SCADA system. The following summarize the major equipment: See the SITE PLAN C1.1 and AC INTERCONNECTION SINGLE LINE DIAGRAM E 2.1 drawing sheets in this Appendix. The solar array is mounted on racks with a fixed tilt angle of 20° C from horizontal and facing 195°C from magnetic North. The solar array is comprised of22,960 modules manufactured by First Solar model FS-380 with an output rating of 80 xxxxx at Standard Test Conditions. The Gross Rating of the solar array is 22,960 modules times .080 kW for a Gross Rating of I ,836.8 kW. The nominal solar array output voltage will range from -1000 V DC to 1000 V DC Max floating, I OOOV Max across inverter terminals at the current inverter input terminals. The electrical arrangement of modules, strings and combiner boxes can be determined by examination of the SITE PLAN C1.1 and AC INTERCONNECTION SINGLE LINE DIAGRAM E2.1 in this Appendix. The Generating Facility uses current inverters to convert the solar array direct current to alternating current at the service connection frequency of 60 Hz. The Generating Facility has two cmrent inverters manufactured by SMA model Sunny Central 750 CP-US with an output rating of750 leVA and 342 V AC. The design operating power factor of the current inverters is Form 14-786 00/0000 100%. The current inverter can operate with leading 0.90 to lagging of 0.90 power factor. Two current inverters described above are connected to a single transformer. The transformer is manufactured by Xxxxxx. The transformer is rated 12 KV/342V, 1.5KVA. The electrical arrangement of solar array, current inverters, inverter output transformers and interconnection service transformer can be determined by examination of the AC INTERCONNECTION SINGLE LINE DIAGRAM E2.1 in this Appendix. The Generating Facility includes the following electrical meters and associated appurtenances: √ SCE combined Billing and NGO meter √ Generating Facility owned meter The Generating Facility includes the following telemetering equipment to transmit telemetry via Choose an item. to SCE and CISO as required by tariff or this Agreement: √ SCE Remote Terminal Unit ("RTU"). √ SCE Real Time Energy Metering system ("RTEM"). √ Other: TBD The Generating Facility contains meteorological equipment organized into MET STATION PAD stations located {TBD}. The meteorological equipment meets standards of: {TBD BASED ON SCE REQUIRMENT} The site of the Generating Facility has been improved to include the following attributes: √ Access road. √ Fencing of the perimeter of the Generating Facility. √ Manual gate with chain and lock. √ Site well water. IRRIGATION AND WASTE WATER ONLY IF ALLOWED UNDER CUP Form 14-786 10/2011 •l Form 14-786 00/0000 10/2011 Form 14-786 10/2011 For the purpose of selling power produced by the Generating Facility pursuant to Assembly Bi111969, under Section 399.20 et seq. of the California Public Utilities Code, Producer hereby declares that the Renewable Generating Facility complies with the requirements for "Eligible Renewable Resource" as such term is used in Section 399.11 et seq. of the California Public Utilities Code ("ERR Requirements") and that the output from the Generating Facility complies with the requirements of the California Renewables Portfolio Standards ("RPS Requirements"). Producer warrants that, beginning on the date of Initial Operation and continuing throughout the Term of this Agreement, its Renewable Generating Facility shall continue to comply with the ERR Requirements and RPS Requirements. If Producer becomes aware that the Renewable Generating Facility or its output has ceased to comply with the ERR Requirements or RPS Requirements, Producer shall promptly provide SCE with Notice of such change pursuant to Section 12 of the Agreement. If at any time during the Term of this Agreement SCE determines in its reasonable discretion that Producer's Renewable Generating Facility may no longer comply with the ERR Requirements or RPS Requirements, SCE may require Producer to provide evidence that the Renewable Generating Facility continues to comply with the ERR Requirements and RPS Requirements within 15 business days of SCE's Notice requesting such evidence. Additionally, SCE may periodically (typically, once per year) inspect Producer's Renewable Generating Facility and/or require documentation from Producer to monitor the Renewable Generating Facility's compliance with the ERR Requirements and RPS Requirements. If SCE determines in its reasonable judgment that Producer either failed to provide evidence in a timely manner or that it provided insufficient evidence that its Renewable Generating Facility continues to comply with the ERR Requirements or RPS Requirements, then the Eligible Renewable Resource Status (the "ERR Status") or Renewables Portfolio Standard Status (the "RPS Status") of the Renewable Generating Facility shall be deemed ineffective until such time as Producer again demonstrates to SCE's reasonable satisfaction that the Renewable Generating Facility complies with the requirements for a Eligible Renewable Resource Generation Facility or RPS Requirements (the "ERR/RPS Status Change"). SCE shall revise its records and the administration of this Agreement to reflect the ERR/RPS Status Change and provide Notice to Producer of the ERR/RPS Status Change pursuant to Section 12 of this Agreement. Such Notice shall specify the effective date of the ERR/RPS Status Change. This date shall be the first day of the calendar month for which SCE determines in its sole discretion that the Renewable Generating Facility first ceased to comply with the ERR Requirements or RPS Requirements. SCE"s Notice shall include an invoice for the refund of payments that were made to Producer during the period between the effective date of the ERR/RPS Status Change and the date of the last Notice in reliance upon Producer's representations that the Renewable Generating Facility complied with the ERR Requirements and RPS Requirements and therefore was eligible to sell power to SCE as a result of satisfying the ERR Requirements and RPS Requirements. During the period when the ERR Status or RPS Status is deemed to be ineffective, SCE shall not pay Producer for Product. Notwithstanding the foregoing, to the extent a change in law occurs after execution of this Agreement that causes the warranty contained in this Appendix C to be materially false or misleading, Producer shall not be in default of this Agreement if Producer has used commercially reasonable efforts to comply with such change in law. Any amounts to be paid or refunded by Producer, as may be invoiced by SCE pursuant to the terms of this ERR Warranty, shall be paid to SCE within 30 days of Producer's receipt of such invoice. Form 14-786 00/0000 For the purpose of selling power produced by the Generating Facility pursuant to Assembly Bill1969, under Section 399.20 et seq. of the California Public Utilities Code, Producer hereby declares that the Renewable Generating Facility prior to January 1, 2002 complied with the requirements and for the Term of this Agreement shall continue to comply with both the requirements for a Small Power Producer "Qualifying Facility" as such term is used in 18 Code of Federal Regulations Part 292, Section 292.203 et seq. implementing the Public Utility Regulatory Policies Act of 1978 as amended by the Energy Policy Act of 2005 and the requirements for "Eligible Renewable Resource", applicable for resources in service prior to January 1, 2002, as such term is used in Section 399.11 et seq. of the California Public Utilities Code ("SPP QF Requirements"). Producer warrants that, beginning on the date of Initial Operation and continuing throughout the Term of this Agreement, the Renewable Generating Facility shall continue to comply with such SPP QF Requirements. If Producer becomes aware that its Renewable Generating Facility has ceased to comply with the SPP QF Requirements, Producer shall promptly provide SCE with Notice of such change pursuant to Section 12 of the Agreement. If at any time during the Term of this Agreement SCE determines in its reasonable discretion that Producer's Renewable Generating Facility may no longer comply with the SPP QF Requirements, SCE may require Producer to provide evidence that the Renewable Generating Facility continues to comply with the SPP OF Requirements within 15 business days of SCE's Notice requesting such evidence. Additionally, SCE may periodically (typically, once per year) inspect Producer's Renewable Generating Facility and/or require documentation from Producer to monitor the Renewable Generating Facility's compliance with the SPP QF Requirements. If SCE determines in its reasonable judgment that Producer either failed to provide evidence in a timely manner or that it provided insufficient evidence that its Renewable Generating Facility continues to comply with the SPP QF Requirements, then the Small Power Producer Qualifying Facility Status (the "SPP QF Status") of the Renewable Generating Facility shall be deemed ineffective until such time as Producer again demonstrates to SCE's reasonable satisfaction that the Renewable Generating Facility complies with the requirements for a Small Power Producer Qualifying Facility (the "SPP QF Status Change"). SCE shall revise its records and the administration of this Agreement to reflect the SPP QF Status Change and provide Notice to Producer of the SPP QF Status Change pursuant to Section 12 of this Agreement. Such Notice shall specify the effective date of the SPP QF Status Change. This date shall be the first day of the calendar month for which SCE determines in its sole discretion that the Renewable Generating Facility first ceased to comply with the SPP QF Requirements. SCE's Notice shall include an invoice for the refund of payments that were made to Producer during the period between the effective date of the SPP OF Status Change and the date of the last Notice in reliance upon Producer's representations that the Renewable Generating Facility complied with the SPP QF Requirements and therefore was eligible to sell power to SCE as a result of satisfying the SPP QF Requirements. During the period when the SPP QF Status is deemed to be ineffective, SCE shall not pay Producer for Product. Any amounts to be paid or refunded by Producer, as may be invoked by SCE pursuant to the terms of this SPP QF Warranty, shall be paid to SCE within 30 days of Producer's receipt of such invoice. Form 14-786 00/0000