Purchase Requirement. Customer agrees to purchase (a) one hundred percent (100%) of the Energy delivered by the System during the Term of this Agreement, in each year up to one hundred and five percent (105%) of the estimated year one production provided in Exhibit A with respect to the System and (b) Energy delivered by the System in any year in excess of one hundred and five percent (105%) of such estimated year one production to the extent it consumes such excess Energy. While the Solar Services are calculated and billed on the basis of kWh of Energy as set forth in Section 6.1, Customer acknowledges and agrees that such Solar Services represent a package of services including the production and supply of electrical energy output from the System together with any other services associated with solar energy production that Provider may provide to Customer. The payment for Solar Services is calculated to include all of the above services in the price per kWh of Energy provided to the Site through the System. Neither Party may claim that by this Agreement Provider is an electric utility subject to regulation as an electric utility or subject to regulated electricity rates. Provider shall not claim to be providing electric utility services to Customer and shall not interfere with Customer’s ability to select an electric utility provider except that, to the extent Customer has a choice in selecting an electric utility provider or electricity provider, Customer shall not select an electric utility provider or electricity provider that requires, as part of their conditions for service, removal or discontinued operation of the System or the sales hereunder.
Appears in 16 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
