Common use of Treatment of Performance Assurance in Connection with Interconnection Cost Estimates Clause in Contracts

Treatment of Performance Assurance in Connection with Interconnection Cost Estimates. Upon Seller’s request, 75% of the Collateral Requirement associated with a Designated System will be refundable if, prior to the Energization of that Designated System, an Interconnection Customer (as defined in Section 466.30 of Title 83 of the Illinois Administrative Code) seeking to interconnect the Designated System receives from the interconnecting utility a non-binding estimate of costs to construct the interconnection facilities and any required distribution upgrades for that Designated System in an amount exceeding 30 cents per watt AC of the Designated System’s Proposed Nameplate Capacity. For avoidance of doubt, in the case that Seller submits such request within thirty (30) Business Days of the Trade Date of the Product Order and has not posted Performance Assurance, Seller shall pay Buyer an amount equal to 25% of the Collateral Requirement associated with such Designated System. To obtain such refund, Xxxxxx’s request must be made to Buyer and IPA within thirty (30) days of having received the subject interconnection cost estimate (or if Seller is disputing such subject interconnection cost estimate, then Seller is to inform Xxxxx and the IPA within thirty (30) days of having received the subject interconnection cost estimate that it is disputing such interconnection cost estimate and to make the refund request within fourteen (14) days of having received a final estimate as the result of an interconnection cost dispute) and must be accompanied by a) documentation substantiating the cost estimate and b) a written request substantially in the form of Schedule D to the Product Order to withdraw the Designated System from the Agreement (or, in the case of an Agreement featuring a single Designated 63 NTD: LTRRPP Section 6.16.1: “If the amount of collateral held for an Approved Vendor is insufficient to compensate the utility, the Approved Vendor will be required to pay the utility for the balance of the value of the undelivered RECs from that previous year.” System, a request to terminate the Agreement). Upon the recognition by Buyer of such request and substantiation of the interconnection cost estimate applicable to the Designated System, Buyer shall remove the Designated System from this Agreement and refund 75% of the Collateral Requirement associated with that Designated System. In all such cases, the remaining 25% of the Collateral Requirement associated with that Designated System would be permanently forfeited and could not be applied to a new ABP application for the Designated System. Upon removal of the Designated System, the affected Product Order(s), including Schedule A and Schedule C to such Product Orders, will be revised to account for the removal of that Designated System, with all required information to be provided by the IPA.

Treatment of Performance Assurance in Connection with Interconnection Cost Estimates. Upon Seller’s request, 75% of the Performance Assurancethe Collateral Requirement associated with a Designated System will be refundable if, prior to the Energization of that Designated System, an Interconnection Customer (as defined in Section 466.30 of Title 83 of the Illinois Administrative Code) seeking to interconnect the Designated System receives from the interconnecting utility a non-binding estimate of costs to construct the interconnection facilities and any required distribution upgrades for that Designated System in an amount exceeding 30 cents per watt AC of the Designated System’s Proposed Nameplate Capacity. For avoidance of doubt, in the case that Seller submits such request within thirty (30) Business Days of the Trade Date of the Product Order and has not posted Performance Assurance, Seller shall pay Buyer an amount equal to 25% of the Collateral Requirement associated with such Designated System. To obtain such refund, XxxxxxSeller’s request must be made to Buyer and IPA within thirty 14thirty (30) days of having received the subject interconnection cost estimate (or if Seller is disputing such subject interconnection cost estimate, then Seller is to inform Xxxxx and the IPA Buyer within thirty (30) days of having received the subject interconnection cost estimate that it is disputing such interconnection cost estimate and to make the refund request within fourteen (14) days of having received a final estimate as the result of an interconnection cost dispute) and must be accompanied by a) documentation substantiating the cost estimate and b) a request written request substantially in the form of Schedule D to the Product Order to withdraw the Designated System from the Agreement REC ContractAgreement (or, in the case of an a REC Contractan Agreement featuring a single Designated 63 NTD: LTRRPP Section 6.16.1: “If the amount of collateral held for an Approved Vendor is insufficient to compensate the utility, the Approved Vendor will be required to pay the utility for the balance of the value of the undelivered RECs from that previous year.” System, a request to terminate the AgreementREC ContractAgreement). Upon the recognition by Buyer of such request and substantiation of the interconnection cost estimate applicable to the Designated System, Buyer shall remove the Designated System from and the RECsfrom this Agreement and refund 75% of the Collateral Requirement associated with suchthat Designated System from this REC Contract and refund 75% of the Performance Assurance associated with that Designated System. . In all such cases, the remaining 25% of the Performance Assurancethe Collateral Requirement associated with that Designated System would be permanently forfeited and could not be applied to a new ABP application for the Designated System. Upon removal of the Designated System, the affected Product Order(s), including Schedule A to Exhibit A and Schedule C to such Exhibit Asuch Product Orders, will be revised to account for the removal of that Designated System, with all required information to be provided by the IPA.

Treatment of Performance Assurance in Connection with Interconnection Cost Estimates. ‌ Upon Seller’s request, 75% of the Collateral Requirement associated with a Designated System will be refundable if, prior to the Energization of that Designated System, an Interconnection Customer (as defined in Section 466.30 of Title 83 of the Illinois Administrative Code) seeking to interconnect the Designated System receives from the interconnecting utility a non-binding estimate of costs to construct the interconnection facilities and any required distribution upgrades for that Designated System in an amount exceeding 30 cents per watt AC of the Designated System’s Proposed Nameplate Capacity. For avoidance of doubt, in the case that Seller submits such request within thirty (30) Business Days of the Trade Date of the Product Order and has not posted Performance Assurance, Seller shall pay Buyer an amount equal to 25% of the Collateral Requirement associated with such Designated System. To obtain such refund, XxxxxxSeller’s request must be made to Buyer and the IPA within thirty (30) days of having received the subject interconnection cost estimate (or if Seller is disputing such subject interconnection cost estimate, then Seller is (i) to inform Xxxxx Buyer and the IPA within thirty (30) days of having received the subject interconnection cost estimate that it is disputing such interconnection cost estimate and (ii) to make the refund request within fourteen (14) days of having received a final estimate as the result of an interconnection cost dispute) and must be accompanied by a) documentation substantiating the cost estimate and b) a written request substantially in the form of Schedule D to the Product Order to withdraw the Designated System from the Agreement (or, in the case of an Agreement featuring a single Designated 63 NTD: LTRRPP Section 6.16.1: “If the amount of collateral held for an Approved Vendor is insufficient to compensate the utility, the Approved Vendor will be required to pay the utility for the balance of the value of the undelivered RECs from that previous year.” System, a request to terminate the Agreement). Upon the recognition by Buyer of such request and substantiation of the interconnection cost estimate applicable to the Designated System, Buyer shall remove the Designated System from this Agreement and refund 75% of the Collateral Requirement associated with that Designated System. In all such cases, the remaining 25% of the Collateral Requirement associated with that Designated System would be permanently forfeited and could not be applied to a new ABP application for the Designated System. Upon removal of the Designated System, the affected Product Order(s)IPA shall provide to Buyer and Seller a revised Schedule A, including Schedule A C and Schedule C D to the Product Order for such Product Orders, will be revised to account for Designated System indicating the removal of that such Designated System, with all required information to be provided by System from the IPAAgreement.

Treatment of Performance Assurance in Connection with Interconnection Cost Estimates. Upon Seller’s request, 75% of the Collateral Requirement associated with a Designated System will be refundable if, prior to the Energization of that Designated System, an Interconnection Customer (as 64 NTD: LTRRPP Section 6.16.1: “If the amount of collateral held for an Approved Vendor is insufficient to compensate the utility, the Approved Vendor will be required to pay the utility for the balance of the value of the undelivered RECs from that previous year.” defined in Section 466.30 of Title 83 of the Illinois Administrative Code) seeking to interconnect the Designated System receives from the interconnecting utility a non-binding estimate of costs to construct the interconnection facilities and any required distribution upgrades for that Designated System in an amount exceeding 30 cents per watt AC of the Designated System’s Proposed Nameplate Capacity. For avoidance of doubt, in the case that Seller submits such request within thirty (30) Business Days of the Trade Date of the Product Order and has not posted Performance Assurance, Seller shall pay Buyer an amount equal to 25% of the Collateral Requirement associated with such Designated System. To obtain such refund, XxxxxxSeller’s request must be made to Buyer and IPA within thirty (30) days of having received the subject interconnection cost estimate (or if inform Buyerif Seller is disputing such subject interconnection cost estimate, then Seller is to inform Xxxxx Buyer and the IPA within thirty (30) days of having received the subject interconnection cost estimate that it is disputing such interconnection cost estimate and to make the refund request within fourteen (14) days of having received a final estimate as the result of an interconnection cost dispute) and must be accompanied by a) documentation substantiating the cost estimate and b) a written request substantially in the form of Schedule D to the Product Order to withdraw the Designated System from the Agreement (or, in the case of an Agreement featuring a single Designated 63 NTD: LTRRPP Section 6.16.1: “If the amount of collateral held for an Approved Vendor is insufficient to compensate the utility, the Approved Vendor will be required to pay the utility for the balance of the value of the undelivered RECs from that previous year.” System, a request to terminate the Agreement). Upon the recognition by Buyer of such request and substantiation of the interconnection cost estimate applicable to the Designated System, Buyer shall remove the Designated System from this Agreement and refund 75% of the Collateral Requirement associated with that Designated System. In all such cases, the remaining 25% of the Collateral Requirement associated with that Designated System would be permanently forfeited and could not be applied to a new ABP application for the Designated System. Upon removal of the Designated System, the affected Product Order(s), including Schedule A and Schedule C to such Product Orders, will be revised to account for the removal of that Designated System, with all required information to be provided by the IPA.

Treatment of Performance Assurance in Connection with Interconnection Cost Estimates. Upon Seller’s request, 75% of the Collateral Requirement associated with a Designated System will be refundable if, prior to the Energization of that Designated System, an Interconnection Customer (as defined in Section 466.30 of Title 83 of the Illinois Administrative Code) seeking to interconnect the Designated System receives from the interconnecting utility a non-binding estimate of costs to construct the interconnection facilities and any required distribution upgrades for that Designated System in an amount exceeding 30 cents per watt AC of the Designated System’s Proposed Nameplate Capacity. For avoidance of doubt, in the case that Seller submits such request within thirty (30) Business Days of the Trade Date of the Product Order and has not posted Performance Assurance, Seller shall pay Buyer an 28 For avoidance of doubt, each Community Renewable Energy Generation Project shall continue to be subject to the annual review process pursuant to Section 4.2(c) for the period through its Delivery Term regardless of any early return of Performance Assurance Amount pursuant to this Section 7.1(e)(iv). amount equal to 25% of the Collateral Requirement associated with such Designated System. To obtain such refund, XxxxxxSeller’s request must be made to Buyer and the IPA within thirty (30) days of having received the subject interconnection cost estimate (or if Seller is disputing such subject interconnection cost estimate, then Seller is (i) to inform Xxxxx Buyer and the IPA within thirty (30) days of having received the subject interconnection cost estimate that it is disputing such interconnection cost estimate and (ii) to make the refund request within fourteen (14) days of having received a final estimate as the result of an interconnection cost dispute) and must be accompanied by a) documentation substantiating the cost estimate and b) a written request substantially in the form of Schedule D to the Product Order to withdraw the Designated System from the Agreement (or, in the case of an Agreement featuring a single Designated 63 NTD: LTRRPP Section 6.16.1: “If the amount of collateral held for an Approved Vendor is insufficient to compensate the utility, the Approved Vendor will be required to pay the utility for the balance of the value of the undelivered RECs from that previous year.” System, a request to terminate the Agreement). Upon the recognition by Buyer of such request and substantiation of the interconnection cost estimate applicable to the Designated System, Buyer shall remove the Designated System from this Agreement and refund 75% of the Collateral Requirement associated with that Designated System. In all such cases, the remaining 25% of the Collateral Requirement associated with that Designated System would be permanently forfeited and could not be applied to a new ABP SFA application for the Designated System. Upon removal of the Designated System, the affected Product Order(s)IPA shall provide to Buyer and Seller a revised Schedule A, including Schedule A C and Schedule C D to the Product Orders for such Product Orders, will be revised to account for Designated System indicating the removal of that such Designated System, with all required information to be provided by System from the IPAAgreement.

Treatment of Performance Assurance in Connection with Interconnection Cost Estimates. Upon Seller’s request, 75% of the Collateral Requirement associated with a Designated System will be refundable if, prior to the Energization of that Designated System, an Interconnection Customer (as defined in Section 466.30 of Title 83 of the Illinois Administrative Code) seeking to interconnect the Designated System receives from the interconnecting utility a non-binding estimate of costs to construct the interconnection facilities and any required distribution upgrades for that Designated System in an amount exceeding 30 cents per watt AC of the Designated System’s Proposed Nameplate Capacity. For avoidance of doubt, in the case that Seller submits such request within thirty (30) Business Days of the Trade Date of the Product Order and has not posted Performance Assurance, Seller shall pay Buyer an amount equal to 25% of the Collateral Requirement associated with such Designated System. To obtain such refund, XxxxxxSeller’s request must be made to Buyer and the IPA within thirty (30) days of having received the subject interconnection cost estimate (or if Seller is disputing such subject interconnection cost estimate, then Seller is (i) to inform Xxxxx Buyer and the IPA within thirty (30) days of having received the subject interconnection cost estimate that it is disputing such interconnection cost estimate and (ii) to make the refund request within fourteen (14) days of having received a final estimate as the result of an interconnection cost dispute) and must be accompanied by a) documentation substantiating the cost estimate and b) a written request substantially in the form of Schedule D to the Product Order to withdraw the Designated System from the Agreement (or, in the case of an Agreement featuring a single Designated 63 NTD: LTRRPP Section 6.16.1: “If the amount of collateral held for an Approved Vendor is insufficient to compensate the utility, the Approved Vendor will be required to pay the utility for the balance of the value of the undelivered RECs from that previous year.” System, a request to terminate the Agreement). Upon the recognition by Buyer of such request and substantiation of the interconnection cost estimate applicable to the Designated System, Buyer shall remove the Designated System from this Agreement and refund 75% of the Collateral Requirement associated with that Designated System. In all such cases, the remaining 25% of the Collateral Requirement associated with that Designated System would be permanently forfeited and could not be applied to a new ABP application for the Designated System. Upon removal of the Designated System, the affected Product Order(s)IPA shall provide to Buyer and Seller a revised Schedule A, including Schedule A C and Schedule C D to the Product Order for such Product Orders, will be revised to account for Designated System indicating the removal of that such Designated System, with all required information to be provided by System from the IPAAgreement.