1. Host:
2. Provider:
3. Installation:
4. Premises:
5. System:
6. Effective Date:
7. Term:
8. Energy Services:
9. Operations and Maintenance:
10. Exclusivity:
11. Building Electrical System:
12. Non-Exclusive Easement:
13. Quiet Enjoyment:
14. Power Purchase Price:
15. Environmental Credits:
16. Purchase Option:
17. Termination and Removal:
18. Insurance and Mutual
18.
Indemnification:
19. Loss:
20. Limited Warranty:
21. Assignment:
22. Conditions:
23. Force Majeure:
24. System Purchase: |
Entity in control of the host site (CUSTOMER).
PPA Provider.
The Provider shall contract with Vanguard Energy Partners, LLC for
turnkey installation services.
Location of PV System.
A photovoltaic ("PV") electric generating system of a capacity and design
to be selected by Provider with the intent of maximizing long-term output
and conformance with the Premises existing conditions, with an expected
capacity of XXX kWdc.
As agreed to by the Host and the Provider.
6-25 years - Commencing on the Effective Date, with optional renewal
terms.
System Owner will sell all of the solar electricity (the
"Output") from the
System to Host.
The Provider will be responsible for all of the operations and ongoing
maintenance of the System during the Term.
Provider shall have the right of first refusal for additional PV projects with
the Host.
Host will be responsible for maintaining the existing Building electrical
system, which is not part of the Solar Energy System.
Host shall grant Provider a non-exclusive easement and right to access the
Premises for the purposes of providing the Energy Services.
Host shall acknowledge and agree that it is not the owner of the System
and shall defend Provider from any claims by a third party.
Host shall purchase and pay for all of the Output at a price of X cents/kWh
in the first year of the Term escalated by X% per year each subsequent
year of the Term.
Provider shall retain ownership of all federal, state or local renewable
energy or emission credits.
Host shall have the option to purchase the System upon the expiration of
the Term for fair market value, as agreed by the parties or, in the absence
of such agreement, by third party appraisal.
At the end of the Term and any extensions thereto, Provider shall have the
right to remove the System if Host does not purchase the System.
Provider must remove the System at the end of the Term and any
extensions thereto if requested by the Host.
Provider shall maintain All Risk insurance including general liability
insurance for the System covering damage from the System, naming the
Host as additional insured. The Host shall maintain insurance and name
Provider as an additional insured party in the event that damage is done to
the System by the Host or its Agents (to include employees, invitees,
tenants, service
providers and any party other than those authorized by
the Provider).
Host shall pay the Provider for repairs or loss to the System to the extent
caused by Host or Host’s Agents.
Provider shall warrant the System will be in good working order and will
produce sufficient performance during the Term.
Host shall not assign its interest in the Agreement without the consent of
Provider, such consent not to be unreasonably withheld or delayed.
Provider may assign its interest in the Agreement without the consent
of Host.
The Agreement will be conditional on all necessary governmental
approvals and financial underwriting (e.g., interconnection, net-metering,
creditworthiness etc.).
Neither party shall be considered in default in the performance of its
obligations under the Agreement to the extent such performance is
prevented or delayed by any cause that is beyond its reasonable control.
In the X year of the Term, the Host Customer will have an option to
purchase the System at a negotiated price mutually agreed by both the
Provider and the Host.
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Introduction
