Common use of Interconnection Requirements Clause in Contracts

Interconnection Requirements. The Community Solar Garden Operator must sign an Interconnection Agreement under Section 10 of the Company’s rate book, and comply with all of the terms and conditions of that Interconnection Agreement except as otherwise specified in this Contract. The following additional interconnection terms also apply. A. Term of Interconnection Agreement. While the Company’s tariff pertaining to its Interconnection Agreement generally provides that the term of the Interconnection Agreement may be up to twenty (20) years, where the tariffed Interconnection Agreement is used in conjunction with this tariffed Contract, the term of the Interconnection Agreement may end twenty five (25) years after the Date of Commercial Operation. B. To the extent to which the ADDITIONAL TERMS AND CONDITIONS set forth in Section 9, Sheets 68 through 68.16 differ from the Section 10 tariff, these ADDITIONAL TERMS AND CONDITIONS shall control. Through the present Amendment, the following provision is added to Paragraph 5 referenced above: C. When the Community Solar Garden is Co-Located with one or more other Community Solar Gardens at the same Community Solar Garden Site, then all Co-Located Community Solar Gardens at the same Co-Located Community Solar Garden Site to which this Paragraph C applies may collectively share the same insurance requirements as set forth in Section 10, Sheets 122-123 in the applicable Interconnection Agreements based on the aggregate total of the Gross Nameplate Ratings of the Generation Systems, provided that this provision allowing sharing of the insurance requirements only applies during the time period that the Community Solar Garden Operator (also known as the Interconnection Customer under the Interconnection Agreement) is either: 1. the same legal entity for all of the Co-Located Community Solar Garden Sites, or 2. a corporate affiliate of all of the other Community Solar Garden Operators (Interconnection Customers) for all of the Co-Located Community Solar Garden Sites. Each such Community Solar Garden Operator and each such Interconnection Customer are jointly and severally liable for obtaining such insurance. Any failure to have or maintain such insurance to the full extent required shall be considered to be non-compliance with each Interconnection Agreement. D. Where insurance is obtained for the Community Solar Garden to comply with the insurance requirements as set forth in Section 10, Sheets 122-123, and such insurance through the same insurance policies also provides the required insurance for other Community Solar Garden Sites in the Minnesota Solar*Rewards Community program, such insurance (including the primary policy and any applicable excess policy) together need not have aggregate limits of liability any greater than $35,000,000 (thirty-five million dollars), provided that this provision allowing for this aggregate cap in the required insurance only applies to the Community Solar Garden Sites for each SRC number that has this signed Amendment and only applies during the time period that the Community Solar Garden Operator (also known as the Interconnection Customer under the Interconnection Agreement) is either: 1. the same legal entity for all such Community Solar Garden Sites, or 2. a corporate affiliate of all such Community Solar Garden Operators (Interconnection Customers) for all such Community Solar Garden Sites, and provides clear documentation of affiliation. This $35,000,000 aggregate limit amount may be evaluated as a program requirement by the Company in January 2022 and every five (5) years thereafter to ensure adequate aggregate coverage over the 25-year term of the contract. If in the Company’s determination, based on its review in January 2022 or every five years thereafter, that the aggregate limit amount is no longer sufficient, it may issue a notice to the Community Solar Garden Operator that this Amendment is to be canceled. However, this notice of cancellation shall only become effective if there is another MPUC authorized amendment providing for a different aggregate limit amount. The Company shall file this new proposed amendment with the MPUC prior to implementing the cancellation, and parties will have a 30-day period following this filing of the proposed amendment to file an objection. If an objection is timely filed the Company may issue its notice of cancellation, but it would not become effective until if and when the Commission issues an order authorizing the new amendment. If no objection is filed within the 30 days of the filing of the proposed amendment, then notice of cancellation would become effective when received by the Community Solar Garden Operator, and the Solar Garden Operator would need to sign the new amendment and adhere to its terms.

Interconnection Requirements. The Community Solar Garden Operator must sign an Interconnection Agreement under Section 10 of the Company’s rate book, and comply with all of the terms and conditions of that Interconnection Agreement except as otherwise specified in this Contract. The following additional interconnection terms also apply. A. Term of Interconnection Agreement. While the Company’s tariff pertaining to its Interconnection Agreement generally provides that the term of the Interconnection Agreement may be up to twenty (20) years, where the tariffed Interconnection Agreement is used in conjunction with this tariffed Contract, the term of the Interconnection Agreement may end twenty five (25) years after the Date of Commercial Operation. B. To the extent to which the ADDITIONAL TERMS AND CONDITIONS set forth in Section 9, Sheets 68 through 68.16 differ from the Section 10 tariff, these ADDITIONAL TERMS AND CONDITIONS shall control. Through the present AmendmentAmendment Regarding Insurance on a Co-Located Community Solar Garden Site, the following provision is added to Paragraph 5 referenced above: C. When the Community Solar Garden is Co-Located with one or more other Community Solar Gardens at the same Community Solar Garden Site, then all Co-Located Community Solar Gardens at the same Co-Located Community Solar Garden Site to which this Paragraph C applies may collectively share the same insurance requirements as set forth in Section 10, Sheets 122-123 in the applicable Interconnection Agreements based on the aggregate total of the Gross Nameplate Ratings of the Generation Systems, provided that this provision allowing sharing of the insurance requirements only applies during the time period that the Community Solar Garden Operator (also known as the Interconnection Customer under the Interconnection Agreement) is either: 1. the same legal entity for all of the Co-Located Community Solar Garden Sites, or 2. a corporate affiliate of all of the other Community Solar Garden Operators (Interconnection Customers) for all of the Co-Located Community Solar Garden Sites. Each such Community Solar Garden Operator and each such Interconnection Customer are jointly and severally liable for obtaining such insurance. Any failure to have or maintain such insurance to the full extent required shall be considered to be non-compliance with each Interconnection Agreement. D. Where insurance is obtained for the Community Solar Garden to comply with the insurance requirements as set forth in Section 10, Sheets 122-123, and such insurance through the same insurance policies also provides the required insurance for other Community Solar Garden Sites in the Minnesota Solar*Rewards Community program, such insurance (including the primary policy and any applicable excess policy) together need not have aggregate limits of liability any greater than $35,000,000 (thirty-five million dollars), provided that this provision allowing for this aggregate cap in the required insurance only applies to the Community Solar Garden Sites for each SRC number that has this signed Amendment and only applies during the time period that the Community Solar Garden Operator (also known as the Interconnection Customer under the Interconnection Agreement) is either: 1. the same legal entity for all such Community Solar Garden Sites, or 2. a corporate affiliate of all such Community Solar Garden Operators (Interconnection Customers) for all such Community Solar Garden Sites, and provides clear documentation of affiliation. This $35,000,000 aggregate limit amount may be evaluated as a program requirement by the Company in January 2022 and every five (5) years thereafter to ensure adequate aggregate coverage over the 25-year term of the contract. If in the Company’s determination, based on its review in January 2022 or every five years thereafter, that the aggregate limit amount is no longer sufficient, it may issue a notice to the Community Solar Garden Operator that this Amendment is to be canceled. However, this notice of cancellation shall only become effective if there is another MPUC authorized amendment providing for a different aggregate limit amount. The Company shall file this new proposed amendment with the MPUC prior to implementing the cancellation, and parties will have a 30-day period following this filing of the proposed amendment to file an objection. If an objection is timely filed the Company may issue its notice of cancellation, but it would not become effective until if and when the Commission issues an order authorizing the new amendment. If no objection is filed within the 30 days of the filing of the proposed amendment, then notice of cancellation would become effective when received by the Community Solar Garden Operator, and the Solar Garden Operator would need to sign the new amendment and adhere to its terms.