Common use of REC Annual Report Clause in Contracts

REC Annual Report. Seller shall submit to Buyer and the IPA a REC Annual Report substantially in the form of Exhibit C-3 by August 1 following the end of each Delivery Year for which this Agreement is effective.12 For avoidance of doubt, the REC Annual Report is required by Seller regardless of whether Seller has Designated Systems that are Energized or not. If items on the REC Annual Report are deficient or require clarification, Buyer or the IPA may issue to Seller a written notice requesting clarification regarding such submission, and Seller must respond to such request by the deadline specified in such written notice, or by the extended deadline if an extension is requested by Seller and granted by the IPA. Additional request for clarifications may be issued to Seller based on the responses provided. It is Seller’s responsibility to ensure the accuracy and completeness of information contained in its REC Annual Report. Buyer or the IPA shall endeavor, on a commercially reasonable efforts basis, to notify Seller of any deficiency no later than October 18. In no event will Seller be allowed to provide further clarification on its REC Annual Report after October 30 following such submission deadline of the REC Annual Report. Failure by Seller to submit its REC Annual Report by August 1 or respond to any request for clarifications that comply with the requirements of Exhibit C-3 by October 30 following such submission deadline is an Event of Default. As part of the REC Annual Report, Seller shall report on any Designated Systems that have not Delivered a first REC, and report on any Designated Systems that have not Delivered RECs for more than twelve (12) months from their previous Delivery, and in such case, detail the corrective actions that will be taken to ensure future Deliveries and the time for such REC Deliveries. All corrective actions shall be approved by the IPA, and failure to remedy such REC Delivery deficiency may lead to the removal of the Designated System pursuant to Section 4.2(f). Prevailing Wage Act Requirements. This section applies to Designated Systems that are subject to the requirements of the Prevailing Wage Act as indicated in Schedule A (and Schedule B, if applicable) to the Product Order. Seller, including its contractors and subcontractors, rendering services under this Agreement with respect to such Designated System, must comply with the requirements of the Prevailing Wage Act, including but not limited to, all wage requirements and notice and record keeping duties. The Prevailing Wage Act requires Seller, including its contractors and subcontractors, to pay laborers, mechanics and other workers employed in construction activities related to the Designated System an amount equal to or greater than the current “general prevailing rate of hourly wages,” in the applicable trade classification, as defined in the Prevailing Wage Act. The Parties acknowledge that the IPA has provided to the Parties the Illinois Department of Labor’s website address (xxxx://xxxxx.xxxxxxxx.xxx/) as a source of information for the general prevailing rate of hourly wages. The Illinois Department of Labor regularly revises the general prevailing rate of hourly wages available on its website. If the requirements of the Prevailing Wage Act are applicable to the Designated System, Seller shall provide to the IPA documentation and verification demonstrating that all construction work performed by Seller, including its contractors and subcontractors, relating to construction, maintenance, repair, assembly, or disassembly work in relation to the Designated System has been performed by employees who received an amount equal to or greater than the “general prevailing rate of hourly wages,” in the applicable trade classification, as defined in the Prevailing Wage Act. Such documentation and verification includes, but is not limited to, the certified transcripts of payroll required to be filed with the Illinois Department of Labor. Such documentation and verification must be provided to the IPA with Seller’s ABP Part II Application and must be submitted to the Illinois Department of Labor per the requirements of the Prevailing Wage Act. Seller is responsible for and shall provide such documentation and verification throughout the term of this Agreement to the IPA for any applicable work performed in a Delivery Year subsequent to Seller’s submission of the ABP Part II Application, which shall be provided no later than August 1 following the end of such Delivery Year. Seller’s failure to provide such documentation or verification in a timely manner may be deemed non-compliant with Section 2.2(e) and subject to the provisions in Section 2.2 for such non-compliance.

REC Annual Report. Seller shall submit to Buyer and the IPA a REC Annual Report substantially in the form of Exhibit C-3 by August July 15August 1 following the end of each Delivery Year for which this Agreement is effective.12 For avoidance of doubt, the REC Annual Report is required by Seller regardless of whether Seller has Designated Systems that are Energized or not. If items on the REC Annual Report are deficient or require clarification, Buyer or the IPA may issue to Seller a written notice requesting clarification regarding such submission, and Seller must respond to such request by the deadline specified in such written notice, or by the extended deadline if an extension is requested by Seller and granted by the IPA. Additional request for clarifications may be issued to Seller based on the responses provided. It is Seller’s responsibility to ensure the accuracy and completeness of information contained in its REC Annual Report. Buyer or the IPA shall endeavor, on a commercially reasonable efforts basis, to notify Seller of any deficiency no later 12 For example, if the effective date of the Agreement falls between June 1 and July 15August 1 of a calendar year, then the first REC Annual Report is to be submitted by July 15August 1 of the following year. than October 18118. In no event will Seller be allowed to provide further clarification on its REC Annual Report after October 30 1330 following such submission deadline of the REC Annual Report. Failure by Seller to submit its REC Annual Report by August July 15August 1 or respond to any request for clarifications that comply with the requirements of Exhibit C-3 by October 30 1330 following such submission deadline is an Event of Default. As part of the REC Annual Report, Seller shall report on any Designated Systems that have not Delivered a first REC, and report on any Designated Systems that have not Delivered RECs for more than twelve (12) months from their previous Delivery, and in such case, detail the corrective actions that will be taken to ensure future Deliveries and the time for such REC Deliveries. All corrective actions shall be approved by the IPA, and failure to remedy such REC Delivery deficiency may lead to the removal of the Designated System pursuant to Section 4.2(f). Prevailing Wage Act Requirements. This section applies to Designated Systems that are subject to the requirements of the Prevailing Wage Act as indicated in Schedule A (and Schedule B, if applicable) to the Product Order. Seller, including its contractors and subcontractors, rendering services under this Agreement with respect to such Designated System, must comply with the requirements of the Prevailing Wage Act, including but not limited to, all wage requirements and notice and record keeping duties. The Prevailing Wage Act requires Seller, including its contractors and subcontractors, to pay laborers, mechanics and other workers employed in construction activities related to the Designated System an amount equal to or greater than the current “general prevailing rate of hourly wages,” in the applicable trade classification, as defined in the Prevailing Wage Act. The Parties acknowledge that the IPA has provided to the Parties the Illinois Department of Labor’s website address (xxxx://xxxxx.xxxxxxxx.xxx/) as a source of information for the general prevailing rate of hourly wages. The Illinois Department of Labor regularly revises the general prevailing rate of hourly wages available on its website. If the requirements of the Prevailing Wage Act are applicable to the Designated System, Seller shall provide to the IPA documentation and verification demonstrating that all construction work performed by Seller, including its contractors and subcontractors, relating to construction, maintenance, repair, assembly, or disassembly work in relation to the Designated System has been performed by employees who received an amount equal to or greater than the “general prevailing rate of hourly wages,” in the applicable trade classification, as defined in the Prevailing Wage Act. Such documentation and verification includes, but is not limited to, the certified transcripts of payroll required to be filed with the Illinois Department of Labor. Such documentation and verification must be provided to the IPA with Seller’s ABP Part II Application and must be submitted to the Illinois Department of Labor per the requirements of the Prevailing Wage Act. Seller is responsible for and shall provide such documentation and verification throughout the term of this Agreement to the IPA for any applicable work performed in a Delivery Year subsequent to Seller’s submission of the ABP Part II Application, which shall be provided no later than August 1 following the end of such Delivery Year. Seller’s failure to provide such documentation or verification in a timely manner may be deemed non-compliant with Section 2.2(e) and subject to the provisions in Section 2.2 for such non-compliance.

REC Annual Report. Seller shall submit to Buyer and the IPA a REC Annual Report substantially in the form of Exhibit C-3 by August 1 following the end of each Delivery Year for which this Agreement is effective.12 effective.36 For avoidance of doubt, the REC Annual Report is required by Seller regardless of whether Seller has Designated Systems that are Energized or not. If items on the REC Annual Report are deficient or require clarification, Buyer or the IPA may issue to Seller a written notice requesting clarification regarding such submission, and Seller must respond to such request by the deadline specified in such written notice, or by the extended deadline if an extension is requested by Seller and granted by the IPA. Additional request for clarifications may be issued to Seller based on the responses provided. It is Seller’s responsibility to ensure the accuracy and completeness of information contained in its REC Annual Report. Buyer or the IPA shall endeavor, on a commercially reasonable efforts basis, to notify Seller of any deficiency no later than October 18. In no event will Seller be allowed to provide further clarification on its REC Annual Report after October 30 following such submission deadline of the REC Annual Report. Failure by Seller to submit its REC Annual Report by August 1 or respond to any request for clarifications that comply with the requirements of Exhibit C-3 by October 30 following such submission deadline is an Event of Default. As part of the REC Annual Report, Seller shall report on any Designated Systems that have not Delivered a first REC, and report on any Designated Systems that have not Delivered RECs for more than twelve (12) months from their previous Delivery, and in such case, detail the corrective actions that will be taken to ensure future Deliveries and the time for such REC Deliveries. All corrective actions shall be approved by the IPA, and failure to remedy such REC Delivery deficiency may lead to the removal of the Designated System pursuant to Section 4.2(f5.2(g). Prevailing Wage Act Requirements. Requirements37 This section applies to Designated Systems that are subject to the requirements of the Prevailing Wage Act as indicated in Schedule A (and Schedule B, if applicable) to the Product Order. Seller, including its contractors and subcontractors, rendering services under this Agreement with respect to such Designated System, must comply with the requirements of the Prevailing Wage Act, including but not limited to, all wage requirements and notice and record keeping duties. The Prevailing Wage Act requires Seller, including its contractors and subcontractors, to pay laborers, mechanics and other workers employed in construction activities related to the Designated System an amount equal to or greater than the current “general prevailing rate of hourly wages,” in the applicable trade classification, as defined in the Prevailing Wage Act. The Parties acknowledge that the IPA has provided to the Parties the Illinois Department of Labor’s website address (xxxx://xxxxx.xxxxxxxx.xxx/) as a source of information for the general prevailing rate of hourly wages. The Illinois Department of Labor regularly revises the general prevailing rate of hourly wages available on its website. If the requirements of the Prevailing Wage Act are applicable to the Designated System, Seller shall provide to the IPA documentation and verification demonstrating that all construction work performed by Seller, including its contractors and subcontractors, relating to construction, maintenance, repair, assembly, or disassembly work in relation to the Designated System has been performed by employees who received an amount equal to or greater than the “general prevailing rate of hourly wages,” in the applicable trade classification, as defined in the Prevailing Wage Act. Such documentation and verification includes, but is not limited to, the certified transcripts of payroll required to be filed with the Illinois Department of Labor. Such documentation and verification must be provided to the IPA with Seller’s ABP SFA Part II Application and must be submitted to the Illinois Department of Labor per the requirements of the Prevailing Wage Act. Seller is responsible for and shall provide such documentation and verification throughout the term of this Agreement to the IPA for any applicable work performed in a Delivery Year subsequent to Seller’s submission of the ABP SFA Part II Application, which shall be provided no later than August 1 following the end of such Delivery Year. Seller’s failure to provide such documentation or verification in a timely manner may be deemed non-compliant with Section 2.2(e3.2(d) and subject to the provisions in Section 2.2 3.2 for such non-compliance.

REC Annual Report. Seller shall submit to Buyer and the IPA a REC Annual Report substantially in the form of Exhibit C-3 by August July 15August 1 following the end of each Delivery Year for which this Agreement is effective.12 effective.37 For avoidance of doubt, the REC Annual Report is required by Seller regardless of whether Seller has Designated Systems that are Energized or not. If items on the REC Annual Report are deficient or require clarification, Buyer or the IPA may issue to Seller a written notice requesting clarification regarding such submission, and Seller must respond to such request by the deadline specified in such written notice, or by the extended deadline if an extension is requested by Seller and granted by the IPA. Additional request for clarifications may be issued to Seller based on the responses provided. It is Seller’s responsibility to ensure the accuracy and completeness of information contained in its REC Annual Report. Buyer or the IPA shall endeavor, on a commercially reasonable efforts basis, to notify Seller of any deficiency no later than October 18118. In no event will Seller be allowed to provide further clarification on its REC Annual Report after October 30 1330 following such submission deadline of the REC Annual Report. Failure by Seller to submit its REC Annual Report by August July 15August 1 or respond to any request for clarifications that comply with the requirements of Exhibit C-3 by October 30 1330 following such submission deadline is an Event of Default. As part of the REC Annual Report, Seller shall report on any Designated Systems that have not Delivered a first REC, and report on any Designated Systems that have not Delivered RECs for more than twelve (12) months from their previous Delivery, and in such case, detail the corrective actions that will be taken to ensure future Deliveries and the time for such REC Deliveries. All corrective actions shall be approved by the IPA, and failure to remedy such REC Delivery deficiency may lead to the removal of the Designated System pursuant to Section 4.2(f4.2(g). Prevailing Wage Act Requirements. This section applies to Designated Systems that are subject to the requirements of the Prevailing Wage Act as indicated in Schedule A (and Schedule B, if applicable) to the Product Order. Seller, including its contractors and subcontractors, rendering services under this Agreement with respect to such Designated System, must comply with the requirements of the Prevailing Wage Act, including but not limited to, all wage requirements and notice and record keeping duties. The Prevailing Wage Act requires Seller, including its contractors and subcontractors, to pay laborers, mechanics and other workers employed in construction activities related to the Designated System an amount equal to or greater than the current “general prevailing rate of hourly wages,” in the applicable trade classification, as defined in the Prevailing Wage Act. The Parties acknowledge that the IPA has provided to the Parties the Illinois Department of Labor’s website address (xxxx://xxxxx.xxxxxxxx.xxx/) as a source of information for the general prevailing rate of hourly wages. The Illinois Department of Labor regularly revises the general prevailing rate of hourly wages available on its website. If the requirements of the Prevailing Wage Act are applicable to the Designated System, Seller shall provide to the IPA documentation and verification demonstrating that all construction work performed by Seller, including its contractors and subcontractors, relating to construction, maintenance, repair, assembly, or disassembly work in relation to the Designated System has been performed by employees who received an amount equal to or greater than the “general prevailing rate of hourly wages,” in the applicable trade classification, as defined in the Prevailing Wage Act. Such documentation and verification includes, but is not limited to, the certified transcripts of payroll required to be filed with the Illinois Department of Labor. Such documentation and verification must be provided to the IPA with Seller’s ABP Part II Application and must be submitted to the Illinois Department of Labor per the requirements of the Prevailing Wage Act. Seller is responsible for and shall provide such documentation and verification throughout the term of this Agreement to the IPA for any applicable work performed in a Delivery Year subsequent to Seller’s submission of the ABP Part II Application, which shall be provided no later than August 1 following the end of such Delivery Year. Seller’s failure to provide such documentation or verification in a timely manner may be deemed non-compliant with Section 2.2(e) and subject to the provisions in Section 2.2 for such non-compliance.

REC Annual Report. Seller shall submit to Buyer and the IPA a REC Annual Report substantially in the form of Exhibit C-3 by August 1 following the end of each Delivery Year for which this Agreement is effective.12 effective.18 For avoidance of doubt, the REC Annual Report is required by Seller regardless of whether Seller has Designated Systems that are Energized or not. If items on the REC Annual Report are deficient or require clarification, Buyer or the IPA may issue to Seller a written notice requesting clarification regarding such submission, and Seller must respond to such request by the deadline specified in such written notice, or by the extended deadline if an extension is requested by Seller and granted by the IPA. Additional request for clarifications may be issued to Seller based on the responses provided. It is Seller’s responsibility to ensure the accuracy and completeness of information contained in its REC Annual Report. Buyer or the IPA shall endeavor, on a commercially reasonable efforts basis, to notify Seller of any deficiency no later than October 18. In no event will Seller be allowed to provide further clarification on its REC Annual Report after October 30 following such submission deadline of the REC Annual Report. Failure by Seller to submit its REC Annual Report by August 1 or respond to any request for clarifications that comply with the requirements of Exhibit C-3 by October 30 following such submission deadline is an Event of Default. As part of the REC Annual Report, Seller shall report on any Designated Systems that have not Delivered a first REC, and report on any Designated Systems that have not Delivered RECs for more than twelve (12) months from their previous Delivery, and in such case, detail the corrective actions that will be taken to ensure future Deliveries and the time for such REC Deliveries. All corrective actions shall be approved by the IPA, and failure to remedy such REC Delivery deficiency may lead to the removal of the Designated System pursuant to Section 4.2(f4.2(g). Prevailing Wage Act Requirements. This section applies to Designated Systems that are subject to the requirements of the Prevailing Wage Act as indicated in Schedule A (and Schedule B, if applicable) to the Product Order. Seller, including its contractors and subcontractors, rendering services under this Agreement with respect to such Designated System, must comply with the requirements of the Prevailing Wage Act, including but not limited to, all wage requirements and notice and record keeping duties. The Prevailing Wage Act requires Seller, including its contractors and subcontractors, to pay laborers, mechanics and other workers employed in construction activities related to the Designated System an amount equal to or greater than the current “general prevailing rate of hourly wages,” in the applicable trade classification, as defined in the Prevailing Wage Act. The Parties acknowledge that the IPA has provided to the Parties the Illinois Department of Labor’s website address (xxxx://xxxxx.xxxxxxxx.xxx/) as a source of information for the general prevailing rate of hourly wages. The Illinois Department of Labor regularly revises the general prevailing rate of hourly wages available on its website. If the requirements of the Prevailing Wage Act are applicable to the Designated System, Seller shall provide to the IPA documentation and verification demonstrating that all construction work performed by Seller, including its contractors and subcontractors, relating to construction, maintenance, repair, assembly, or disassembly work in relation to the Designated System has been performed by employees who received an amount equal to or greater than the “general prevailing rate of hourly wages,” in the applicable trade classification, as defined in the Prevailing Wage Act. Such documentation and verification includes, but is not limited to, the certified transcripts of payroll required to be filed with the Illinois Department of Labor. Such documentation and verification must be provided to the IPA with Seller’s ABP Part II Application and must be submitted to the Illinois Department of Labor per the requirements of the Prevailing Wage Act. Seller is responsible for and shall provide such documentation and verification throughout the term of this Agreement to the IPA for any applicable work performed in a Delivery Year subsequent to Seller’s submission of the ABP Part II Application, which shall be provided no later than August 1 following the end of such Delivery Year. Seller’s failure to provide such documentation or verification in a timely manner may be deemed non-compliant with Section 2.2(e) and subject to the provisions in Section 2.2 for such non-compliance.