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

Treatment of Performance Assurance in Connection with Interconnection. Cost Estimates Upon Seller’s request, 75% of Performance Assurance 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. To obtain such refund, Seller’s request must be made to Buyer and IPA within 14 days of having received the subject interconnection cost estimate and must be accompanied by a) documentation substantiating the cost estimate and b) a request to withdraw the Designated System from the REC Contract (or, in the case of a REC Contract featuring a single Designated System, a request to terminate the REC Contract). Upon the recognition of such request and substantiation of the interconnection cost estimate applicable to the Designated System, Buyer shall remove the Designated System and the RECs associated with such 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 Performance Assurance associated with that Designated System would be permanently forfeited and could not be applied to a new SFA 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 Exhibit A, will be revised to account for the removal of that Designated System, with all required information to be provided by IPA.”

Treatment of Performance Assurance in Connection with Interconnection. Cost Estimates Upon Seller’s request, 75% of Performance Assurance 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. To obtain such refund, Seller’s request must be made to Buyer and IPA within 14 days of having received the subject interconnection cost estimate and must be accompanied by a) documentation substantiating the cost estimate and b) a request to withdraw the Designated System from the REC Contract (or, in the case of a REC Contract featuring a single Designated System, a request to terminate the REC Contract). Upon the recognition of such request and substantiation of the interconnection cost estimate applicable to the Designated System, Buyer shall remove the Designated System and the RECs associated with such 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 Performance Assurance associated with that Designated System would be permanently forfeited and could not be applied to a new SFA 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 Exhibit A, will be revised to account for the removal of that Designated System, with all required information to be provided by IPA.”

Treatment of Performance Assurance in Connection with Interconnection. Cost Estimates Upon Seller’s request, 75% of Performance Assurance 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. To obtain such refund, Seller’s request must be made to Buyer and IPA within 14 days of having received the subject interconnection cost estimate and must be accompanied by a) documentation substantiating the cost estimate and b) a request to withdraw the Designated System from the REC Contract (or, in the case of a REC Contract featuring a single Designated System, a request to terminate the REC Contract). Upon the recognition of such request and substantiation of the interconnection cost estimate applicable to the Designated System, Buyer shall remove the Designated System and the RECs associated with such 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 Performance Assurance associated with that Designated System would be permanently forfeited and could not be applied to a new SFA ABPSFA 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 Exhibit A, will be revised to account for the removal of that Designated System, with all required information to be provided by IPA.”

Treatment of Performance Assurance in Connection with Interconnection. Cost Estimates Estimates.‌ Upon Seller’s request, 75% of Performance Assurance 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, Seller’s request must be made to Buyer and the IPA within 14 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 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 REC Contract Agreement (or, in the case of a REC Contract an Agreement featuring a single Designated System, a request to terminate the REC 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 and the RECs associated with such Designated System from this REC Contract Agreement and refund 75% of the Performance Assurance Collateral Requirement associated with that Designated System. In all such cases, the remaining 25% of Performance Assurance the Collateral Requirement associated with that Designated System would be permanently forfeited and could not be applied to a new SFA ABP application for the Designated System. Upon removal of the Designated System, the affected IPA shall provide to Buyer and Seller a revised Schedule A, Schedule C and Schedule D to the Product Order(s)Order for such Designated System indicating the removal of such Designated System from the Agreement. Notwithstanding any of the foregoing in this section, including if such Designated System is a Community Renewable Energy Generation Project and that is not designated as a School Project in Schedule A to Exhibit A and Schedule C to Exhibit Athe Product Order, will be revised to account then Seller may request for 100% of the removal of that Collateral Requirement associated with the Designated System, with all required information System to be provided by IPA.”refunded and may substitute such Designated System with one or more Community Renewable Energy Generation Projects from the Reserved Pool without penalty. In this

Treatment of Performance Assurance in Connection with Interconnection. Cost Estimates Estimates.‌ Upon Seller’s request, 75% of Performance Assurance 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, Seller▇▇▇▇▇▇’s request must be made to Buyer and the IPA within 14 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 ▇▇▇▇▇ 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 REC Contract Agreement (or, in the case of a REC Contract an Agreement featuring a single Designated System, a request to terminate the REC 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 and the RECs associated with such Designated System from this REC Contract Agreement and refund 75% of the Performance Assurance Collateral Requirement associated with that Designated System. In all such cases, the remaining 25% of Performance Assurance the Collateral Requirement associated with that Designated System would be permanently forfeited and could not be applied to a new SFA ABP application for the Designated System. Upon removal of the Designated System, the affected IPA shall provide to Buyer and Seller a revised Schedule A, Schedule C and Schedule D to the Product Order(s)Order for such Designated System indicating the removal of such Designated System from the Agreement. Notwithstanding any of the foregoing in this section, including if such Designated System is a Community Renewable Energy Generation Project and that is not designated as a School Project in Schedule A to Exhibit A and Schedule C to Exhibit Athe Product Order, will be revised to account then Seller may request for 100% of the removal of that Collateral Requirement associated with the Designated System, with all required information System to be provided by IPA.”refunded and may substitute such Designated System with one or more Community Renewable Energy Generation Projects that is on the waitlist without penalty.31