Common use of Requirements and Restrictions Applicable to SRC Subscribers and Subscriptions Clause in Contracts

Requirements and Restrictions Applicable to SRC Subscribers and Subscriptions. The conditions set forth in the following subparagraphs (a) through (f) of this Section 3.3 must be satisfied at all times during the Term of this Agreement, except as specifically provided otherwise below. Public Service reserves the right to refuse to accept any additions, deletions or changes to the Monthly Subscription Information to the extent such addition, deletion or change results in non-compliance with any of such conditions. For purposes of this Agreement, the SRC Allocation for any SRC Subscriber or Subscription that no longer satisfies the below conditions for qualification as a valid SRC Subscriber or Subscription shall be treated as an unsubscribed portion, and the Monthly Subscription Information automatically changed accordingly, unless and until such SRC Allocation is changed by SRC Producer in a manner that satisfies all such conditions. (a) No SRC Subscriber may own more than a 40 percent interest in the beneficial use of the Photovoltaic Energy or associated RECs generated by the PV System. (b) Effective upon the first day of the Production Month immediately following eighteen (18) months after the Date of Commercial Operation, the SRC Producer shall not own more than a 40 percent interest in the beneficial use of the Photovoltaic Energy or associated RECs generated by the PV System. (c) Unless the SRC Subscriber is an eligible low-income customer, as defined in Rule 3652(o) of the Commission’s Rules Regulating Electric Utilities, 4 Code of Colorado Regulations 000-0-0000, each Subscription shall be sized to represent at least one kW of the PV System’s nameplate rating and to supply no more than 120 percent of the SRC Subscriber’s average annual electricity consumption at the premises to which the Subscription is attributed (based on the annual estimated generation of the PV System as determined via PVWATTS), reduced by the amount of any existing retail renewable distributed generation at such premises. The minimum one kW sizing requirement herein shall not apply to Subscriptions owned by an eligible low-income customer, as defined in Rule 3652(o) of the Commission’s Rules Regulating Electric Utilities, 4 Code of Colorado Regulations 000-0-0000. (d) The premises to which a Subscription is attributed by a SRC Subscriber shall be a premise served by Public Service and shall be within the same county as, or a county adjacent to, that of the Solar Garden Site. If any SRC Subscriber’s premises to which a Subscription hereunder pertains, as the result of the official and valid action of any governmental body, is no longer provided retail electric service from Public Service, then, effective upon the date such premises is no longer served by Public Service, SRC Producer shall remove such Subscription from the SRC Application System and, if SRC Producer fails to do so, Public Service shall have the right to remove such Subscription on the SRC Producer’s behalf. (e) At least percent of the Subscriptions reflected in the SRC Allocation must be attributable to one or more SRC Subscribers who qualify as eligible low-income customers pursuant to Rule 3652(o) of the Commission’s Rules Regulating Electric Utilities, 4 Code of Colorado Regulations 000-0-0000. If, at any time, the level of subscription falls below this level the SRC Producer will only be entitled to payment at the unsubscribed energy rate. Any attempt to subscribe a SRC subscriber who does not meet the referenced low-income requirements will be denied. (f) The primary business of any SRC Subscriber at the retail customer premises to which the Subscription is attributed shall not be the generation of electricity for retail or wholesale sale.

Requirements and Restrictions Applicable to SRC Subscribers and Subscriptions. The conditions set forth in the following subparagraphs (a) through (f) of this Section 3.3 must be satisfied at all times SRC Producer covenants and warrants during the Term of this Agreement, except as specifically provided otherwise below. Public Service reserves the right to refuse to accept any additions, deletions or changes to the Monthly Subscription Information to the extent such addition, deletion or change results in non-compliance with any of such conditions. For purposes of this Agreement, the SRC Allocation for any SRC Subscriber or Subscription that no longer satisfies the below conditions for qualification as a valid SRC Subscriber or Subscription shall be treated as an unsubscribed portion, and the Monthly Subscription Information automatically changed accordingly, unless and until such SRC Allocation is changed by SRC Producer in a manner that satisfies all such conditions.follows: (a) No SRC Subscriber may will, at any time following the Date of Commercial Operation, own more than a 40 percent interest in the beneficial use of the Photovoltaic Energy or and associated RECs generated by the PV System. (b) Effective upon the first day of the Production Month immediately following eighteen (18) months after the Date of Commercial Operation, the SRC Producer shall not own more than a 40 percent interest in the beneficial use of the Photovoltaic Energy or associated RECs generated by the PV System. (c) Unless the SRC Subscriber is an eligible low-income customer, as defined in Rule 3652(o) of the Commission’s Rules Regulating Electric Utilities, 4 Code of Colorado Regulations 000-0-0000, Producer shall ensure that each Subscription shall be is sized to represent at least one (1) kW of the PV System’s nameplate rating and to supply no more than 120 percent 200% of the SRC Subscriber’s reasonably expected average annual electricity total consumption at of electricity; provided that the premises to which the Subscription is attributed (based on the annual estimated generation of the PV System as determined via PVWATTS), reduced by the amount of any existing retail renewable distributed generation at such premises. The minimum one (1) kW sizing requirement herein shall will not apply to Subscriptions owned by an eligible lowEligible Low-income customerIncome CSG Subscribers, as defined in Rule 3652(o3877(f) of the Commission’s Rules Regulating Electric Utilities, 4 Code of Colorado Regulations 000-0-0000. (d) The premises to which a Subscription is attributed by a SRC Subscriber shall will be a premise served by Public Service and shall be within the same county as, or a county adjacent to, that of the Solar Garden SiteService. If any SRC Subscriber’s premises to which a Subscription hereunder pertains, as the result of the official and valid action of any governmental body, is no longer provided retail electric service from Public Service, then, effective upon the date such premises is no longer served by Public Service, SRC Producer shall remove such Subscription from the SRC Application System and, if SRC Producer fails to do so, Public Service shall have the right to remove such Subscription on the SRC Producer’s behalf. (e) At Unless otherwise expressly agreed by Public Service in writing, SRC Producer shall sell and maintain Subscriptions, such that for each Production Month, the SRC Allocations corresponding to Subscriptions held by residential customers, small commercial customers, agricultural customers, Eligible Low-Income CSG Subscribers and Eligible Low- Income Service Providers is collectively at least 50 percent of the total allocation of Photovoltaic Energy for such Production Month (including Subscribed Energy and Unsubscribed Energy). SRC Producer shall also sell and maintain Subscriptions, such that for each Production Month, the SRC Allocations corresponding to Subscriptions reflected held by the classes or categories of SRC Subscribers as set forth in Exhibit D, including, if applicable, Eligible Low-Income CSG Subscribers and Eligible Low-Income Service Providers, residential, small commercial, or agriculture (that qualify for residential or small commercial rate classes) rate class service customers (R, RE-TOU, RD, RD-TDR, C, C-TOU), in the percentages of the SRC Allocation for each such class or category as set forth on Exhibit D (each percentage, a “Subscriber Mix Commitment”), and SRC Producer shall cause each such Subscriber Mix Commitment to be at least as great as the corresponding commitment set forth in the SRC Allocation must be attributable to one Bid or more SRC Subscribers who qualify the Standard Offer, as eligible low-income customers pursuant to Rule 3652(o) of the Commission’s Rules Regulating Electric Utilities, 4 Code of Colorado Regulations 000-0-0000applicable. If, at any time, the level of subscription falls below this level the SRC Producer fails to meet or exceed any Subscriber Mix Commitment, SRC Producer will only be entitled to payment for that portion of the SRC Allocation set aside or dedicated for the applicable Subscriber Mix Commitment that fails to meet such Subscriber Mix Commitment (i) if SRC Producer has made a REC Sale Election, at the unsubscribed energy rateUnsubscribed Bundled Rate, and (ii) if SRC has not made a REC Sale Election, at the Unsubscribed Unbundled Rate. Any attempt In addition to subscribe a the foregoing rates, Public Service shall be entitled to charge SRC subscriber who does not Producer for the amount of any SRC Credit paid to SRC Subscribers in respect of Subscribed Energy and (if applicable) associated RECs attributable to such portion of the SRC Allocation that fails to meet the referenced low-income requirements will Subscriber Mix Commitment. If any payments are due from SRC Producer to Public Service pursuant to this Section 3.7(e), such payments shall be deniedmade by check to Public Service by SRC Producer within thirty (30) days of Public Service issuing a bill to the SRC Producer. If any payments are due from Public Service to SRC Producer, such payments shall be made in accordance with the payment terms in Section 2.4. (f) The primary business of any SRC Subscriber at the retail customer premises to which the Subscription is attributed shall will not be the generation of electricity for retail or wholesale sale. In addition to any other rights and remedies set forth herein, (i) Public Service reserves the right to refuse to accept any additions, deletions or changes to the Monthly Subscription Information to the extent such addition, deletion or change results in non-compliance with any of SRC Producer’s preceding requirements set forth in this Section 3.2 and (ii) if an SRC Allocation for any SRC Subscriber or Subscription no longer complies with the preceding requirements set forth in this Section 3.2 as determined in Public Service’s discretion, then Public Service may treat such SRC Allocation as unsubscribed unless and until such all such requirements have been met with respect to such SRC Subscriber and such Subscription.

Requirements and Restrictions Applicable to SRC Subscribers and Subscriptions. The conditions set forth in the following subparagraphs (a) through (f) of this Section 3.3 must be satisfied at all times SRC Producer covenants and warrants during the Term of this Agreement, except as specifically provided otherwise below. Public Service reserves the right to refuse to accept any additions, deletions or changes to the Monthly Subscription Information to the extent such addition, deletion or change results in non-compliance with any of such conditions. For purposes of this Agreement, the SRC Allocation for any SRC Subscriber or Subscription that no longer satisfies the below conditions for qualification as a valid SRC Subscriber or Subscription shall be treated as an unsubscribed portion, and the Monthly Subscription Information automatically changed accordingly, unless and until such SRC Allocation is changed by SRC Producer in a manner that satisfies all such conditions.follows: (a) No SRC Subscriber may will, at any time following the Date of Commercial Operation, own more than a 40 percent interest in the beneficial use of the Photovoltaic Energy or and associated RECs generated by the PV System. (b) Effective upon the first day of the Production Month immediately following eighteen (18) months after the Date of Commercial Operation, the SRC Producer shall not own more than a 40 percent interest in the beneficial use of the Photovoltaic Energy or associated RECs generated by the PV System. (c) Unless the SRC Subscriber is an eligible low-income customer, as defined in Rule 3652(o) of the Commission’s Rules Regulating Electric Utilities, 4 Code of Colorado Regulations 000-0-0000, Producer shall ensure that each Subscription shall be is sized to represent at least one (1) kW of the PV System’s nameplate rating and to supply no more than 120 percent of the SRC Subscriber’s average annual electricity consumption at the premises to which the Subscription is attributed (based on the annual estimated generation of the PV System as determined via PVWATTS), reduced by the amount of any existing retail renewable distributed generation at such premises. The ; provided that the minimum one (1) kW sizing requirement herein shall will not apply to Subscriptions owned by an eligible low-income customer, as defined in Rule 3652(o3877(f) of the Commission’s Rules Regulating Electric Utilities, 4 Code of Colorado Regulations 000723-0-00003- 3877. (d) The premises to which a Subscription is attributed by a SRC Subscriber shall will be a premise served by Public Service and shall be within the same county as, or a county adjacent to, that of the Solar Garden SiteService. If any SRC Subscriber’s premises to which a Subscription hereunder pertains, as the result of the official and valid action of any governmental body, is no longer provided retail electric service from Public Service, then, effective upon the date such premises is no longer served by Public Service, SRC Producer shall remove such Subscription from the SRC Application System and, if SRC Producer fails to do so, Public Service shall have the right to remove such Subscription on the SRC Producer’s behalf. (e) At Unless otherwise expressly agreed by Public Service in writing, SRC Producer shall sell and maintain CSG subscriptions to achieve the result that at least percent 50% of the established minimum aggregate new CSG purchases correspond to residential, small commercial, agricultural, Eligible Low-Income CSG Subscribers and Eligible Low-Income Service Providers. SRC Producer shall allocate Subscriptions reflected to the classes or categories of Subscribers as set forth in Exhibit D, including, if applicable, Eligible Low-Income CSG Subscribers and Eligible Low- Income Service Providers, residential, small commercial, or agriculture (that qualify for residential or small commercial rate classes) rate class service customers (R, RE-TOU, RD, RD-TDR, C, C- TOU), in the percentages of the SRC Allocation as set forth on Exhibit D (each percentage, a “Subscriber Mix Commitment”), and SRC Producer shall cause each such Subscriber Mix Commitment to be at least as great as the corresponding commitment set forth in the SRC Allocation must be attributable to one or more SRC Subscribers who qualify as eligible low-income customers pursuant to Rule 3652(o) of the Commission’s Rules Regulating Electric Utilities, 4 Code of Colorado Regulations 000-0-0000Bid. If, at any time, the level of subscription falls below this level the SRC Producer fails to meet or exceed any Subscriber Mix Commitment, SRC Producer will only be entitled to payment at the unsubscribed energy rate. Any attempt and REC rate set forth in Section 2.7 for that portion of the SRC Allocation set aside or dedicated for the applicable Subscriber Mix Commitment that fails to subscribe a SRC subscriber who does not meet the referenced low-income requirements will be deniedsuch Subscriber Mix Commitment. (f) The primary business of any SRC Subscriber at the retail customer premises to which the Subscription is attributed shall will not be the generation of electricity for retail or wholesale sale. In addition to any other rights and remedies set forth herein, (i) Public Service reserves the right to refuse to accept any additions, deletions or changes to the Monthly Subscription Information to the extent such addition, deletion or change results in non-compliance with any of SRC Producer’s preceding requirements set forth in this Section 3.3 and (ii) if an SRC Allocation for any SRC Subscriber or Subscription no longer complies with the preceding requirements set forth in this Section 3.3 as determined in Public Service’s discretion, then Public Service may treat such SRC Allocation as unsubscribed unless and until such all such requirements have been met with respect to such SRC Subscriber and such Subscription.

Requirements and Restrictions Applicable to SRC Subscribers and Subscriptions. The conditions set forth in the following subparagraphs (a) through (f) of this Section 3.3 must be satisfied at all times SRC Producer covenants and warrants during the Term of this Agreement, except as specifically provided otherwise below. Public Service reserves the right to refuse to accept any additions, deletions or changes to the Monthly Subscription Information to the extent such addition, deletion or change results in non-compliance with any of such conditions. For purposes of this Agreement, the SRC Allocation for any SRC Subscriber or Subscription that no longer satisfies the below conditions for qualification as a valid SRC Subscriber or Subscription shall be treated as an unsubscribed portion, and the Monthly Subscription Information automatically changed accordingly, unless and until such SRC Allocation is changed by SRC Producer in a manner that satisfies all such conditions.follows: (a) No SRC Subscriber may will, at any time following the Date of Commercial Operation, own more than a 40 percent interest in the beneficial use of the Photovoltaic Energy or and associated RECs generated by the PV System. (b) Effective upon the first day of the Production Month immediately following eighteen (18) months after the Date of Commercial Operation, the SRC Producer shall not own more than a 40 percent interest in the beneficial use of the Photovoltaic Energy or associated RECs generated by the PV System. (c) Unless the SRC Subscriber is an eligible low-income customer, as defined in Rule 3652(o) of the Commission’s Rules Regulating Electric Utilities, 4 Code of Colorado Regulations 000-0-0000, Producer shall ensure that each Subscription shall be is sized to represent at least one kW of the PV System’s nameplate rating and to supply no more than 120 percent of the SRC Subscriber’s average annual electricity consumption at the premises to which the Subscription is attributed (based on the annual estimated generation of the PV System as determined via PVWATTS), reduced by the amount of any existing retail renewable distributed generation at such premises. The ; provided that the minimum one kW sizing requirement herein shall will not apply to Subscriptions owned by an eligible low-income customer, as defined in Rule 3652(o) of the Commission’s Rules Regulating Electric Utilities, 4 Code of Colorado Regulations 000-0-0000. (d) The premises to which a Subscription is attributed by a SRC Subscriber shall will be a premise served by Public Service and shall be within the same county as, or a county adjacent to, that of the Solar Garden SiteService. If any SRC Subscriber’s premises to which a Subscription hereunder pertains, as the result of the official and valid action of any governmental body, is no longer provided retail electric service from Public Service, then, effective upon the date such premises is no longer served by Public Service, SRC Producer shall remove such Subscription from the SRC Application System and, if SRC Producer fails to do so, Public Service shall have the right to remove such Subscription on the SRC Producer’s behalf. (e) At least percent Unless otherwise expressly agreed by Public Service in writing, SRC Producer shall allocate Subscriptions to the classes or categories of Subscribers set forth on Exhibit D, including, if applicable, Eligible Low-Income CSG Subscribers or residential rate class service customers (R, RE-TOU, RD, or RD-TDR), in the percentages of the Subscriptions reflected SRC Allocation as set forth on Exhibit D (each percentage, a “Subscriber Mix Commitment”), and SRC Producer shall cause each such Subscriber Mix Commitment to be at least as great as the corresponding commitment set forth in the SRC Allocation must be attributable to one or more SRC Subscribers who qualify as eligible low-income customers pursuant to Rule 3652(o) of the Commission’s Rules Regulating Electric Utilities, 4 Code of Colorado Regulations 000-0-0000Bid. If, at any time, the level of subscription falls below this level the SRC Producer fails to meet or exceed any Subscriber Mix Commitment, SRC Producer will only be entitled to payment at the unsubscribed energy rate. Any attempt and REC rate set forth in Section 2.6 for that portion of the SRC Allocation set aside or dedicated for the applicable Subscriber Mix Commitment that fails to subscribe a SRC subscriber who does not meet the referenced low-income requirements will be deniedsuch Subscriber Mix Commitment. (f) The primary business of any SRC Subscriber at the retail customer premises to which the Subscription is attributed shall will not be the generation of electricity for retail or wholesale sale. In addition to any other rights and remedies set forth herein, (i) Public Service reserves the right to refuse to accept any additions, deletions or changes to the Monthly Subscription Information to the extent such addition, deletion or change results in non-compliance with any of SRC Producer’s preceding requirements set forth in this Section 3.3 and (ii) if an SRC Allocation for any SRC Subscriber or Subscription no longer complies with the preceding requirements set forth in this Section 3.3 as determined in Public Service’s discretion, then Public Service may treat such SRC Allocation as unsubscribed unless and until such all such requirements have been met with respect to such SRC Subscriber and such Subscription.

Requirements and Restrictions Applicable to SRC Subscribers and Subscriptions. The conditions set forth in the following subparagraphs (a) through (f) of this Section 3.3 must be satisfied at all times SRC Producer covenants and warrants during the Term of this Agreement, except as specifically provided otherwise below. Public Service reserves the right to refuse to accept any additions, deletions or changes to the Monthly Subscription Information to the extent such addition, deletion or change results in non-compliance with any of such conditions. For purposes of this Agreement, the SRC Allocation for any SRC Subscriber or Subscription that no longer satisfies the below conditions for qualification as a valid SRC Subscriber or Subscription shall be treated as an unsubscribed portion, and the Monthly Subscription Information automatically changed accordingly, unless and until such SRC Allocation is changed by SRC Producer in a manner that satisfies all such conditions.follows: (a) No SRC Subscriber may will, at any time following the Date of Commercial Operation, own more than a 40 percent interest in the beneficial use of the Photovoltaic Energy or and associated RECs generated by the PV System. (b) Effective upon the first day of the Production Month immediately following eighteen (18) months after the Date of Commercial Operation, the SRC Producer shall not own more than a 40 percent interest in the beneficial use of the Photovoltaic Energy or associated RECs generated by the PV System. (c) Unless the SRC Subscriber is an eligible low-income customer, as defined in Rule 3652(o) of the Commission’s Rules Regulating Electric Utilities, 4 Code of Colorado Regulations 000-0-0000, Producer shall ensure that each Subscription shall be is sized to represent at least one kW of the PV System’s nameplate rating and to supply no more than 120 percent of the SRC Subscriber’s average annual electricity consumption at the premises to which the Subscription is attributed (based on the annual estimated generation of the PV System as determined via PVWATTS), reduced by the amount of any existing retail renewable distributed generation at such premises. The ; provided that the minimum one kW sizing requirement herein shall will not apply to Subscriptions owned by an eligible low-income customer, as defined in Rule 3652(o3877(f) of the Commission’s Rules Regulating Electric Utilities, 4 Code of Colorado Regulations 000-0-0000723 3 3877. (d) The premises to which a Subscription is attributed by a SRC Subscriber shall will be a premise served by Public Service and shall be within the same county as, or a county adjacent to, that of the Solar Garden SiteService. If any SRC Subscriber’s premises to which a Subscription hereunder pertains, as the result of the official and valid action of any governmental body, is no longer provided retail electric service from Public Service, then, effective upon the date such premises is no longer served by Public Service, SRC Producer shall remove such Subscription from the SRC Application System and, if SRC Producer fails to do so, Public Service shall have the right to remove such Subscription on the SRC Producer’s behalf. (e) At least percent Unless otherwise expressly agreed by Public Service in writing, SRC Producer shall allocate Subscriptions to the classes or categories of Subscribers set forth on Exhibit D, including, if applicable, Eligible Low- Income CSG Subscribers or residential rate class service customers (R, RE-TOU, RD, or RD-TDR), in the percentages of the Subscriptions reflected SRC Allocation as set forth on Exhibit D (each percentage, a “Subscriber Mix Commitment”), and SRC Producer shall cause each such Subscriber Mix Commitment to be at least as great as the corresponding commitment set forth in the SRC Allocation must be attributable to one or more SRC Subscribers who qualify as eligible low-income customers pursuant to Rule 3652(o) of the Commission’s Rules Regulating Electric Utilities, 4 Code of Colorado Regulations 000-0-0000Bid. If, at any time, the level of subscription falls below this level the SRC Producer fails to meet or exceed any Subscriber Mix Commitment, SRC Producer will only be entitled to payment at the unsubscribed energy rate. Any attempt and REC rate set forth in Section 2.6 for that portion of the SRC Allocation set aside or dedicated for the applicable Subscriber Mix Commitment that fails to subscribe a SRC subscriber who does not meet the referenced low-income requirements will be deniedsuch Subscriber Mix Commitment. (f) The primary business of any SRC Subscriber at the retail customer premises to which the Subscription is attributed shall will not be the generation of electricity for retail or wholesale sale. In addition to any other rights and remedies set forth herein, (i) Public Service reserves the right to refuse to accept any additions, deletions or changes to the Monthly Subscription Information to the extent such addition, deletion or change results in non-compliance with any of SRC Producer’s preceding requirements set forth in this Section 3.3 and (ii) if an SRC Allocation for any SRC Subscriber or Subscription no longer complies with the preceding requirements set forth in this Section 3.3 as determined in Public Service’s discretion, then Public Service may treat such SRC Allocation as unsubscribed unless and until such all such requirements have been met with respect to such SRC Subscriber and such Subscription.

Requirements and Restrictions Applicable to SRC Subscribers and Subscriptions. The conditions set forth in the following subparagraphs (a) through (f) of this Section 3.3 must be satisfied at all times during the Term of this Agreement, except as specifically provided otherwise below. Public Service reserves the right to refuse to accept any additions, deletions or changes to the Monthly Subscription Information to the extent such addition, deletion or change results in non-compliance with any of such conditions. For purposes of this Agreement, the SRC Allocation for any SRC Subscriber or Subscription that no longer satisfies the below conditions for qualification as a valid SRC Subscriber or Subscription shall be treated as an unsubscribed portion, and the Monthly Subscription Information automatically changed accordingly, unless and until such SRC Allocation is changed by SRC Producer in a manner that satisfies all such conditions. (a) No SRC Subscriber may own more than a 40 percent interest in the beneficial use of the Photovoltaic Energy or associated RECs generated by the PV System. (b) Effective upon the first day of the Production Month immediately following eighteen (18) months after the Date of Commercial Operation, the SRC Producer shall not own more than a 40 percent interest in the beneficial use of the Photovoltaic Energy or associated RECs generated by the PV System. (c) Unless the SRC Subscriber is an eligible low-income customer, as defined in Rule 3652(o) of the Commission’s Rules Regulating Electric Utilities, 4 Code of Colorado Regulations 000-0-0000, each Subscription shall be sized to represent at least one kW of the PV System’s nameplate rating and to supply no more than 120 percent of the SRC Subscriber’s average annual electricity consumption at the premises to which the Subscription is attributed (based on the annual estimated generation of the PV System as determined via PVWATTS), reduced by the amount of any existing retail renewable distributed generation at such premises. The minimum one kW sizing requirement herein shall not apply to Subscriptions owned by an eligible low-low- income customer, as defined in Rule 3652(o) of the Commission’s Rules Regulating Electric Utilities, 4 Code of Colorado Regulations 000-0-0000. (d) The premises to which a Subscription is attributed by a SRC Subscriber shall be a premise served by Public Service and shall be within the same county as, or a county adjacent to, that of the Solar Garden Site. If any SRC Subscriber’s premises to which a Subscription hereunder pertains, as the result of the official and valid action of any governmental body, is no longer provided retail electric service from Public Service, then, effective upon the date such premises is no longer served by Public Service, SRC Producer shall remove such Subscription from the SRC Application System and, if SRC Producer fails to do so, Public Service shall have the right to remove such Subscription on the SRC Producer’s behalf. (e) At least percent of the Subscriptions reflected in the SRC Allocation must be attributable to one or more SRC Subscribers who qualify as eligible low-income customers pursuant to Rule 3652(o) of the Commission’s Rules Regulating Electric Utilities, 4 Code of Colorado Regulations 000-0-0000. If, at any time, the level of subscription falls below this level the SRC Producer will only be entitled to payment at the unsubscribed energy rate. Any attempt to subscribe a SRC subscriber who does not meet the referenced low-income requirements will be denied. (f) The primary business of any SRC Subscriber at the retail customer premises to which the Subscription is attributed shall not be the generation of electricity for retail or wholesale sale.