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

Requirements and Restrictions Applicable to the PV System. SRC Producer further covenants and warrants during the Term as follows: (a) Following the Date of Commercial Operation, the PV System will have at least ten SRC Subscribers. (b) The PV System will have a capacity nameplate rating of five megawatts (5 MW) or less. (c) The PV System will be located within Public Service’s existing service territory, as defined pursuant to a final Commission order issuing to Public Service a certificate of public convenience and necessity authorizing Public Service to provide retail electric service within a specific geographic area, as may be amended from time to time pursuant to subsequent Commission orders. If the PV System is or will no longer be located within Public Service’s existing service territory, then Public Service may terminate this Agreement, which termination will be effective on the date of Public Service’s written notice of such termination, or, if later, the date that the PV System is no longer located within Public Service’s service territory. (d) The location of CSGs will not result in more than 5 MWs of Commonly Owned total capacity of CSGs energized within a 0.5 mile distance as measured from point of interconnection to point of interconnection for Rural CSGs. In Urban areas the distance between points of interconnection between Commonly Owned CSGs will be maintained at 0.5 miles; however, the capacity allowed within this distance will be increased to 10.0 MW. Furthermore, each awarded CSG must be contained on its own legal parcel of land. (e) If the PV System has a nameplate capacity of one (1) MW or greater, the PV System will be registered with the Western Renewable Energy Generation Information System (“WREGIS”) and its production data regularly reported to the WREGIS. In addition to any other rights and remedies set forth herein, Public Service may refuse to purchase any and all Photovoltaic Energy and associated RECs produced from the PV System during any period that SRC Producer is not in compliance with the preceding requirements set forth in this Section 3.4.

Requirements and Restrictions Applicable to the PV System. SRC Producer further covenants and warrants during the Term as follows: (a) Following the Date of Commercial Operation, the PV System will have at least ten (10) SRC Subscribers. (b) The PV System will have a capacity nameplate rating of five megawatts (5 MW) or less. (c) The PV System will be located within Public Service’s existing service territory, as defined pursuant to a final Commission order issuing to Public Service a certificate of public convenience and necessity authorizing Public Service to provide retail electric service within a specific geographic area, as may be amended from time to time pursuant to subsequent Commission orders. If the PV System is or will no longer be located within Public Service’s existing service territory, then Public Service may terminate this Agreement, which termination will be effective on the date of Public Service’s written notice of such termination, or, if later, the date that the PV System is no longer located within Public Service’s service territory. (d) The location of CSGs will not result in more than 5 five (5) MWs of Commonly Owned total capacity of CSGs energized within a 0.5 mile distance as measured from point of interconnection to point of interconnection for Rural CSGs. In Urban areas the distance between points of interconnection between Commonly Owned CSGs will be maintained at 0.5 miles; however, the capacity allowed within this distance will be increased to 10.0 ten (10) MW. Furthermore, each awarded CSG must be contained on its own legal parcel of land. (e) If the PV System has a nameplate capacity of one (1) MW or greater, the PV System will be registered with the Western Renewable Energy Generation Information System (“WREGIS”) and its production data regularly reported to the WREGIS. In addition to any other rights and remedies set forth herein, Public Service may refuse to purchase any and all Photovoltaic Energy and associated RECs produced from the PV System during any period that SRC Producer is not in compliance with the preceding requirements set forth in this Section 3.4.

Requirements and Restrictions Applicable to the PV System. SRC Producer further covenants and warrants during the Term as follows: (a) Following the Date of Commercial Operation, the PV System will have at least ten (10) SRC Subscribers. (b) The PV System will have a capacity nameplate rating of five megawatts (5 MW) or less. (c) The PV System will be located within Public Service’s existing service territory, as defined pursuant to a final Commission order issuing to Public Service a certificate of public convenience and necessity authorizing Public Service to provide retail electric service within a specific geographic area, as may be amended from time to time pursuant to subsequent Commission orders. If the PV System is or will no longer be located within Public Service’s existing service territory, then Public Service may terminate this Agreement, which termination will be effective on the date of Public Service’s written notice of such termination, or, if later, the date that the PV System is no longer located within Public Service’s service territory. (d) The location of CSGs will not result in more than 5 five (5) MWs of Commonly Owned total capacity of CSGs energized within a 0.5 mile distance as measured from point of interconnection to point of interconnection for Rural CSGs. In Urban areas the distance between points of interconnection between Commonly Owned CSGs will be maintained at 0.5 miles; however, the capacity allowed within this distance will be increased to 10.0 ten (10) MW. Furthermore, each awarded CSG must be contained on its own legal parcel of land. (e) If the PV System has a nameplate capacity of one (1) MW or greater, the PV System will be registered with the Western Renewable Energy Generation Information System (“WREGIS”) WREGIS and its production data regularly reported to the WREGIS. . (f) If the PV System has a nameplate capacity of two (2) MW or greater, the PV System will comply with the standards of construction and operation set forth in 40-2-127(3.5), C.R.S. In addition to any other rights and remedies set forth herein, Public Service may refuse to purchase any and all Photovoltaic Energy and associated RECs produced from the PV System during any period that SRC Producer is not in compliance with the preceding requirements set forth in this Section 3.43.3.