Common use of REC Annual Report Clause in Contracts

REC Annual Report. If a Designated System meets a Community Solar Subscription Mix requirement for a lower REC price adder than what was obtained following the Community Solar First Year Report, it will be deemed to have obtained that lower adder for the Delivery Year for the purposes of calculating the draw above. If the Designated System regains a Community Solar Subscription mix and subscription percentage at or above their contracted amount in subsequent years, a drawdown will not occur in those years; however, overperformance in a Delivery Year will not be banked or applied to past Delivery Years. Designated Systems with total subscription levels (including only subscription shares of the Anchor Tenant and End Use Customers) above 90% of Actual Nameplate Capacity on a kW capacity basis for a Delivery Year will not be subject to a draw on Seller’s Performance Assurance for that Delivery Year on the basis of subscription percentage. This calculation will only occur after the final Contract Price and quantity of RECs due payment are determined per Section 5(f)(iii) of the Cover Sheet and will be based on that final Contract Price and quantity which is determined by the Community Solar First Year Report submitted pursuant to Section 10(b) of the Cover Sheet. Notwithstanding any of the foregoing, if the total combined percent of Actual Nameplate Capacity that has been subscribed by the Anchor Tenant and by End Use Customers has decreased for a Delivery Year and such decrease is no more than three percentage points (3% points) relative to the total combined percent of Actual Nameplate Capacity that has been subscribed by the Anchor Tenant and by End Use Customers as provided in the Community Solar First Year Report submitted pursuant to Section 10(b) of the Cover Sheet, then no draw shall occur pursuant to this Section 6(e) for such Delivery Year as long as the total combined percent of Actual Nameplate Capacity that has been subscribed by the Anchor Tenant and by End Use Customers for the immediately following Delivery Year is at least equal to the total combined percent of Actual Nameplate Capacity that has been subscribed by the Anchor Tenant and by End Use Customers as provided in the Community Solar First Year Report submitted pursuant to Section 10(b) of the Cover Sheet. In the event, the total combined percent of Actual Nameplate Capacity that has been subscribed by the Anchor Tenant and by End Use Customers has decreased for a Delivery Year and such decrease is no more than three percentage points (3% points) relative to the total combined percent of Actual Nameplate Capacity that has been subscribed by the Anchor Tenant and by End Use Customers as provided in the Community Solar First Year Report submitted pursuant to Section 10(b) of the Cover Sheet, and the total combined percent of Actual Nameplate Capacity that has been subscribed by the Anchor Tenant and by End Use Customers for the immediately following Delivery Year is less than the total combined percent of Actual Nameplate Capacity that has been subscribed by the Anchor Tenant and by End Use Customers as provided in the Community Solar First Year Report submitted pursuant to Section 10(b) of the Cover Sheet, then a draw shall be calculated for both Delivery Years consistent with the calculations laid out in this Section 6(e) above. 3

REC Annual Report. If a Designated System meets a Community Solar Subscription Mix requirement for a lower REC price adder than what was obtained following the last Community Solar First QuarterlyFirst Year Report, it will be deemed to have obtained that lower adder for the Delivery Year for the purposes of calculating the draw above. If the Designated System regains a Community Solar Subscription mix and subscription percentage at or above their contracted amount in subsequent years, a drawdown will not occur in those years; however, overperformance in a Delivery Year will not be banked or applied to past Delivery Years. Designated Systems with total subscription levels (including only subscription shares of the Anchor Tenant and End Use Customers) above 90% of Actual Nameplate Capacity on a kW capacity basis for a Delivery Year will not be subject to a draw on Seller’s Performance Assurance for that Delivery Year on the basis of subscription percentage. This calculation will only occur after the final Contract Price and quantity of RECs due payment are determined per Section 5(f)(iiisectionSection 5(e)(iv)(Df)(iii) of the Cover Sheet and will be based on that final Contract Price and quantity which is determined by the last Community Solar First QuarterlyFirst Year Report submitted pursuant to Section 10(b) of the Cover Sheet. Notwithstanding any of the foregoing, if the total combined percent of Actual Nameplate Capacity that has been subscribed by the Anchor Tenant and by End Use Customers has decreased Any draw for a Designated System in a Delivery Year and such decrease is no more than three percentage points (3% points) relative to the total combined percent of Actual Nameplate Capacity that has been subscribed by the Anchor Tenant and by End Use Customers as provided in the Community Solar First Year Report submitted calculated pursuant to this Section 10(b6(e) of the Cover Sheetshall be a Drawdown Payment, then no draw in addition to any Drawdown Payments calculated under Section 6(d)(iv) above. Buyer shall occur include information on any Drawdown Payment amounts due pursuant to this Section 6(e) for such Delivery Year as long as the total combined percent of Actual Nameplate Capacity that has been subscribed by the Anchor Tenant and by End Use Customers for the immediately following Delivery Year is at least equal to the total combined percent of Actual Nameplate Capacity that has been subscribed by the Anchor Tenant and by End Use Customers as provided in the Community Solar First Year Report submitted pursuant to Section 10(b) of the Cover Sheet. In the event, the total combined percent of Actual Nameplate Capacity that has been subscribed by the Anchor Tenant and by End Use Customers has decreased for a Delivery Year and such decrease is no more than three percentage points (3% points) relative to the total combined percent of Actual Nameplate Capacity that has been subscribed by the Anchor Tenant and by End Use Customers as provided in the Community Solar First Year Report submitted pursuant to Section 10(b) of the Cover Sheet, and the total combined percent of Actual Nameplate Capacity that has been subscribed by the Anchor Tenant and by End Use Customers for the immediately following Delivery Year is less than the total combined percent of Actual Nameplate Capacity that has been subscribed by the Anchor Tenant and by End Use Customers as provided in the Community Solar First Year Report submitted pursuant to Section 10(b) of the Cover Sheet, then a draw shall be calculated for both Delivery Years consistent with the calculations laid out in this Section 6(e) above. 3written notice specified in

REC Annual Report. If a Designated System meets a Community Solar Subscription Mix requirement for a lower REC price adder than what was obtained following the Community Solar First Year Report, it will be deemed to have obtained that lower adder for the Delivery Year for the purposes of calculating the draw above. If the Designated System regains a Community Solar Subscription mix and subscription percentage at or above their contracted amount in subsequent years, a drawdown will not occur in those years; however, overperformance in a Delivery Year will not be banked or applied to past Delivery Years. Designated Systems with total subscription levels (including only subscription shares of the Anchor Tenant and End Use Customers) above 90% of Actual Nameplate Capacity on a kW capacity basis for a Delivery Year will not be subject to a draw on Seller’s Performance Assurance for that Delivery Year on the basis of subscription percentage. This calculation will only occur after the final Contract Price and quantity of RECs due payment are determined per Section 5(f)(iiiSectionSections 5(f)(i)-(iii) of the Cover Sheet and will be based on that final Contract Price and quantity which is determined by the Community Solar First Year Report submitted pursuant to Section 10(b) of the Cover Sheet. Notwithstanding any of the foregoing, if the total combined percent of Actual Nameplate Capacity that has been subscribed by the Anchor Tenant and by End Use Customers has decreased for a Delivery Year and such decrease is no more than three percentage points (3% points) relative to the total combined percent of Actual Nameplate Capacity that has been subscribed by the Anchor Tenant and by End Use Customers as provided in the Community Solar First Year Report submitted pursuant to Section 10(b) of the Cover Sheet, then no draw shall occur pursuant to this Section 6(e) for such Delivery Year as long as the total combined percent of Actual Nameplate Capacity that has been subscribed by the Anchor Tenant and by End Use Customers for the immediately following Delivery Year is at least equal to the total combined percent of Actual Nameplate Capacity that has been subscribed by the Anchor Tenant and by End Use Customers as provided in the Community Solar First Year Report submitted pursuant to Section 10(b) of the Cover Sheet. In the event, the total combined percent of Actual Nameplate Capacity that has been subscribed by the Anchor Tenant and by End Use Customers has decreased for a Delivery Year and such decrease is no more than three percentage points (3% points) relative to the total combined percent of Actual Nameplate Capacity that has been subscribed by the Anchor Tenant and by End Use Customers as provided in the Community Solar First Year Report submitted pursuant to Section 10(b) of the Cover Sheet, and the total combined percent of Actual Nameplate Capacity that has been subscribed by the Anchor Tenant and by End Use Customers for the immediately following Delivery Year is less than the total combined percent of Actual Nameplate Capacity that has been subscribed by the Anchor Tenant and by End Use Customers as provided in the Community Solar First Year Report submitted pursuant to Section 10(b) of the Cover Sheet, then a draw shall be calculated for both Delivery Years consistent with the calculations laid out in this Section 6(e) above. 34 Any draw for a Designated System in a Delivery Year calculated pursuant to this Section 6(e) shall be a Drawdown Payment, in addition to any Drawdown Payments calculated under Section 6(d)(iv) above. Buyer shall include information on any Drawdown Payment amounts due pursuant to this Section 6(e) for a Delivery Year by written notice, which may be with the written notice specified in Section 6(d)(v)(1) above for that Delivery Year.