Common use of Requirements and Restrictions Applicable to the CSG PV System Clause in Contracts

Requirements and Restrictions Applicable to the CSG PV System. The conditions set forth in the following subparagraphs (a) through (c) of this Section 3.4 must be satisfied at all times during the Term of this Agreement. Black Hills Energy shall have the right hereunder to refuse to purchase any and all Photovoltaic Energy and associated RECs produced from the CSG PV System during the period it is not in compliance with any of such conditions. (a) The CSG PV System shall have at least ten CSG Subscribers. (b) The CSG PV System shall have a capacity nameplate rating of 2 MW DC or less. (c) The CSG PV System shall be located within Black Hills Energy’s existing service territory, as defined pursuant to C.R.S. § 40-5-101, or pursuant to a final Commission order issuing to Black Hills Energy a certificate of public convenience and necessity authorizing Black Hills Energy to provide retail electric service within a specific geographic area, as may be amended from time to time pursuant to subsequent Commission orders. If, as the result of the official and valid action of any governmental body, the CSG PV System is no longer located within Black Hills Energy’s existing service territory, then Black Hills Energy shall also have the right to terminate this Agreement effective on or after the date the CSG PV System is no longer located within Black Hills Energy’s existing service territory, by providing ten (10) days advance written notice to CSG SO.

Requirements and Restrictions Applicable to the CSG PV System. The conditions set forth in the following subparagraphs (a) through (c) of this Section 3.4 must be satisfied at all times during the Term of this Agreement. Black Hills Energy shall have the right hereunder to refuse to purchase any and all Photovoltaic Energy and associated RECs produced from the CSG PV System during the period it is not in compliance with any of such conditions. (a) The CSG PV System shall have at least ten CSG Low-Income Subscribers. (b) The CSG PV System shall have a capacity nameplate rating of 2 MW 500 kW DC or less, but not below 50 kW DC minimum. (c) The CSG PV System shall be located within Black Hills Energy’s existing service territory, as defined pursuant to C.R.S. § 40-5-101, or pursuant to a final Commission order issuing to Black Hills Energy a certificate of public convenience and necessity authorizing Black Hills Energy to provide retail electric service within a specific geographic area, as may be amended from time to time pursuant to subsequent Commission orders. If, as the result of the official and valid action of any governmental body, the CSG PV System is no longer located within Black Hills Energy’s existing service territory, then Black Hills Energy shall also have the right to terminate this Agreement effective on or after the date the CSG PV System is no longer located within Black Hills Energy’s existing service territory, by providing ten (10) days advance written notice to CSG SO.