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PROGRAM APPLICATION
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Please fill in the information below and a Program representative will contact you regarding your application
Customer And Site Information
Aquila Account Number at Installation Address. If system is not connected to Aquila (off-grid system), enter N/A.
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First Name
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Last Name
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Installation Address
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City
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State
ALABAMA
ALASKA
ARIZONA
ARKANSAS
CALIFORNIA
COLORADO
CONNECTICUT
DELAWARE
DISTRICT OF COLUMBIA
FLORIDA
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IDAHO
ILLINOIS
INDIANA
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KENTUCKY
LOUISIANA
MAINE
MARYLAND
MASSACHUSETTS
MICHIGAN
MINNESOTA
MISSISSIPPI
MISSOURI
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NEBRASKA
NEVADA
NEW HAMPSHIRE
NEW JERSEY
NEW MEXICO
NEW YORK
NORTH CAROLINA
NORTH DAKOTA
OHIO
OKLAHOMA
OREGON
PENNSYLVANIA
RHODE ISLAND
SOUTH CAROLINA
SOUTH DAKOTA
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TEXAS
UTAH
VERMONT
VIRGINIA
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WEST VIRGINIA
WISCONSIN
WYOMING
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Zip
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Range
Township
Section
Mailing Address (if different from above)
Mailing City
Mailing State
ALABAMA
ALASKA
ARIZONA
ARKANSAS
CALIFORNIA
COLORADO
CONNECTICUT
DELAWARE
DISTRICT OF COLUMBIA
FLORIDA
GEORGIA
HAWAII
IDAHO
ILLINOIS
INDIANA
IOWA
KANSAS
KENTUCKY
LOUISIANA
MAINE
MARYLAND
MASSACHUSETTS
MICHIGAN
MINNESOTA
MISSISSIPPI
MISSOURI
MONTANA
NEBRASKA
NEVADA
NEW HAMPSHIRE
NEW JERSEY
NEW MEXICO
NEW YORK
NORTH CAROLINA
NORTH DAKOTA
OHIO
OKLAHOMA
OREGON
PENNSYLVANIA
RHODE ISLAND
SOUTH CAROLINA
SOUTH DAKOTA
TENNESSEE
TEXAS
UTAH
VERMONT
VIRGINIA
WASHINGTON
WEST VIRGINIA
WISCONSIN
WYOMING
Mailing Zip
Daytime Telephone
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Email Address
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Equipment Purchase Date, or if existing system, enter date installed
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PV Equipment Information
PV Manufacturer
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PV Model #
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Module Warranty (years)
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Nameplate Rating of Module
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Number of Modules in Array
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Array Orientation (compass direction the array faces, in degrees)
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Array Tilt Angle (in degrees, horizontal=0, vertical=90)
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Inverter Manufacturer
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Inverter Model Number
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Inverter Warranty (years)
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Number of Inverters
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Installation Contractor Information
Contractor Name
Contractor Address
Contractor City
Contractor State
ALABAMA
ALASKA
ARIZONA
ARKANSAS
CALIFORNIA
COLORADO
CONNECTICUT
DELAWARE
DISTRICT OF COLUMBIA
FLORIDA
GEORGIA
HAWAII
IDAHO
ILLINOIS
INDIANA
IOWA
KANSAS
KENTUCKY
LOUISIANA
MAINE
MARYLAND
MASSACHUSETTS
MICHIGAN
MINNESOTA
MISSISSIPPI
MISSOURI
MONTANA
NEBRASKA
NEVADA
NEW HAMPSHIRE
NEW JERSEY
NEW MEXICO
NEW YORK
NORTH CAROLINA
NORTH DAKOTA
OHIO
OKLAHOMA
OREGON
PENNSYLVANIA
RHODE ISLAND
SOUTH CAROLINA
SOUTH DAKOTA
TENNESSEE
TEXAS
UTAH
VERMONT
VIRGINIA
WASHINGTON
WEST VIRGINIA
WISCONSIN
WYOMING
Contractor Zip
Will this be installed by the customer?
Yes
*If the proposed PV system is to be installed on a building not yet constructed, additional information may be required.
THIRD PARTY PAYMENT INFORMATION*
I authorize payment to the third-party described below:
Yes
Third Party Payee Address
Third Party Payee City
Third Party Payee State
ALABAMA
ALASKA
ARIZONA
ARKANSAS
CALIFORNIA
COLORADO
CONNECTICUT
DELAWARE
DISTRICT OF COLUMBIA
FLORIDA
GEORGIA
HAWAII
IDAHO
ILLINOIS
INDIANA
IOWA
KANSAS
KENTUCKY
LOUISIANA
MAINE
MARYLAND
MASSACHUSETTS
MICHIGAN
MINNESOTA
MISSISSIPPI
MISSOURI
MONTANA
NEBRASKA
NEVADA
NEW HAMPSHIRE
NEW JERSEY
NEW MEXICO
NEW YORK
NORTH CAROLINA
NORTH DAKOTA
OHIO
OKLAHOMA
OREGON
PENNSYLVANIA
RHODE ISLAND
SOUTH CAROLINA
SOUTH DAKOTA
TENNESSEE
TEXAS
UTAH
VERMONT
VIRGINIA
WASHINGTON
WEST VIRGINIA
WISCONSIN
WYOMING
Third Party Payee Zip
Certification Statement
CERTIFICATION STATEMENT To process this application, Aquila requires the customer to review and accept the ON-SITE SOLAR PV PROGRAM AGREEMENT. You should not begin PV system installation before you receive a pre-approval letter from Aquila. When your system in completed, you or your contractor must ensure that all building and electrical inspections required by your county or municipality are also completed. You must also file a Certificate of Completion, with copies of invoices for all products listed in the Equipment Information portion of this application including PV modules, inverters, other hardware, and wiring. AQUILA CANNOT BEGIN PROCESSING AN APPLICATION UNTIL THE ON-SITE SOLAR PV PROGRAM AGREEMENT HAS BEEN ACCEPTED. CERTIFICATION I certify that I will purchase the PV system described in the Equipment Information portion of this application and will install it or cause it to be installed at the location indicated above and will forward to Aquila all required documentation. I reviewed and agree to the terms and conditions stated on all pages of this application, and will obtain all necessary building permits and electrical approvals that are required for a PV system installation. I understand that any deliberate attempt to misrepresent information in this application will disqualify me from all claims to rebates offered through Aquila's PV Rebate Program.
Aquila On-Site PV Rebate Program Rules
PROGRAM RULES If you are already a Colorado electric customer of Aquila and you plan to install a PV system on an existing home or business, your account must be active and current at the site of the proposed PV installation. For new construction, please contact the Program Administrator. Aquila will not accept applications from a customer whose account is in arrears. PV equipment that is installed as part of this program is intended to remain at the address listed on this application. You must own the property where the PV system will be installed. Aquila may require partial or full repayment of rebates and Renewable Energy Credits if a system is removed before the end of its useful life. You are responsible for properly maintaining your PV system. Systems that are non-functional or do not meet Aquila's interconnection requirements may be disconnected from Aquila's system. All systems must meet the requirements of local building construction and electrical safety codes at the time of installation. The customer is responsible for securing all necessary permits (i.e., building, electrical, etc.). Aquila strongly recommends that you secure these permits before applying for a rebate. All equipment must be factory new and unused. Rebuilt or refurbished equipment is not allowed. The system must be permanently installed or attached to a building, foundation or permanent structure. Portable or mobile systems are not allowed. Aquila will calculate a rebate payment based on the DC capacity of the PV system. Rebate payment will be $2.00 per DC Watt For systems up to 10 kW-DC a Solar Renewable Energy Credit (SO-REC) will be paid in a lump sum based on the SO-REC payment scale in effect at the time a reservation number is issued. For systems greater than 10 kW-DC, but no more than 100 kW-DC, SO-RECs will be paid annually at the rate of $115 per megawatt-hour multiplied by the measured AC energy output of the PV system. Aquila reserves the right to determine rebate eligibility and to calculate REC payments on factors such as safety, shading, orientation, and tilt. A pre-approval inspection is required before Aquila determines the rebate and SO-REC payments. Systems should not be installed prior to receipt of pre-approval by Aquila. Systems must be installed within 12 months of the date of Aquila's pre-approval letter unless a request for extension has been received and approved by Aquila. Failure to meet these requirements will result in forfeiture of the pre-approved rebate and may require re-application. All equipment must be listed by Underwriters' Laboratories (UL) and meet the minimum standards of UL and the Institute of Electrical and Electronics Engineers (IEEE) in effect at the time of purchase. Expansions to existing systems are allowable, as long as the expanded portions meet all other technical requirements. PV modules must be warranted for a minimum period of twenty years. All other components (with the exception of batteries), labor and installation must be warranted for a minimum period of five years, and must be maintained by the owner to ensure that they remain operational for the duration of the agreement with Aquila. Prior to rebate qualification, customer must have submitted to Aquila a signed and completed application form and a copy of the ON-SITE SOLAR PV PROGRAM AGREEMENT. Aquila reserves the right to inspect your PV system installation and a copy of your installation contract in order to ensure compliance with program requirements. Aquila reserves the right to post-installation follow-up visit(s) in order to verify actual output. Rebates will be calculated based on the rebate amount in effect at the time a completed application is received by Aquila. Aquila will not be liable for any tax liability imposed as a result of rebate payments. The rebate amount cannot exceed the total cost of the system. Aquila reserves the right to modify this program at any time in accordance with the rules established by the Colorado Public Utilities Commission.
Check this box to verify you have read and understand the program rules
Yes, I have read the program rules
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Aquila On-Site Solar PV Program Agreement
AQUILA ON-SITE SOLAR PV PROGRAM AGREEMENT This On-Site Solar PV Program Agreement, (“Agreement”), dated the day of , 20 (“Effective Date”), is entered into by and between Aquila, Inc. d/b/a/ Aquila Networks-WPC, a Delaware corporation with a business office at 105 South Victoria, Pueblo, Colorado, 81003 (“Aquila”), and , (“Owner”) with a mailing address of , , . Owner and Aquila are referenced in this Agreement collectively as “Parties” and individually as “Party.” Recitals WHEREAS, Aquila is a public utility engaged in the retail and wholesale sale of electricity in the state of Colorado and desires to purchase the energy and environmental attributes associated with the photovoltaic generation of electricity and; WHEREAS, Owner desires to install and sell the energy and associated environmental attributes (SO-RECs) from a Solar Renewable Energy System and; WHEREAS, a Renewable Energy Standard 4 CCR 723-3 (RES), commonly referenced as Amendment 37 and as amended by Senate Bill 05-143 and as codified in §40-2-124, Colorado Revised Statutes, was enacted by the voters in the State of Colorado and requires that Aquila supply a portion of its retail electrical load from Solar Renewable Energy Systems; Agreement NOW, THEREFORE, in consideration of the mutual covenants and promises herein and Exhibits attached hereto, the Parties mutually agree as follows: 1. Definitions In addition to other capitalized terms set forth elsewhere herein and the terms of this Section 1, the defined terms of the RES shall also be included by reference. “Adjusted DC Output Ratio” means the ratio of annual energy output from the PV array, as installed, to the annual energy output for an optimally oriented array at a tilt angle equal to latitude and an azimuth of 180 degrees multiplied by the shading factor if the array is significantly shaded. “Certificate of Completion” means attached Exhibit C “Completion Date” shall be the date upon which all activities and tasks have been completed that are necessary for the safe and proper functioning of the SRS as evidenced by the Certificate of Completion (see Exhibit C), that all contractual documents between the Parties are executed, and that all requirements of the RES have been met. “DC Watt” shall mean the instantaneous direct current power output nameplate rating as determined by a nationally accepted testing organization. “Energy” means physical electric energy, expressed in kilowatt hours of the character commonly known as sixty-hertz alternating current electric energy. The calculation of the Energy output of the SRS will be based on nationally-accepted methodology as recognized by a nationally recognized testing organization. The transfer and transaction of said Energy will be handled under separate contract. “Force Majeure” means physical or governmental causes of the kind not reasonably within the control of the Party claiming suspension and which by the exercise of due diligence such Party could not have prevented or is unable to overcome. Such causes shall include strikes, labor difficulties, shutdowns in anticipation of strikes, accidents, equipment breakdown, riots, fire, flood, wars, delays or interruptions in transportation, materially disruptive actions or failure to act of any government or government agency (whether or not having legal force and effect including, without limitation, any Court order or any environmental compliance order or notice) or any other disabling cause or contingency not reasonably within the control of the Party claiming such event, whether of the nature or subject matter herein enumerated. Economic hardship shall not constitute Force Majeure. “Grid-Interconnected Solar Renewable Energy System” or “Grid-Interconnected SRS” means a PV system capable of synchronizing and generating electricity in parallel with Aquila’s distribution grid. “Off-Grid Solar Renewable Energy System” of “Off-Grid SRS” means a PV system that is not interconnected to Aquila’s distribution grid, and is not capable of synchronizing or generating electricity in parallel with Aquila’s distribution grid. “Period of Delivery” means the twenty-year period beginning on the Completion Date. “PUC” means the Public Utilities Commission of the State of Colorado. “Renewable Energy Credits” or “REC” shall have the meaning set forth in the RES. “Solar On-site Renewable Energy Credit” or “SO-REC” means a REC created by an On-site Solar System as defined in the RES. “Solar Renewable Energy System” or “SRS” means the photovoltaic generation facility at the Seller’s location and as further defined in the RES. 2. Interconnection Standards 2.1. All equipment must be certified for use in interconnected photovoltaic systems according to the standards listed below: 2.1.1. IEEE1547 Standard for Interconnecting Distributed Resources with Electric Power Systems (including use of IEEE 1547.1 testing protocols to establish conformity) 2.1.2. UL 1703 Flat-Plate PV Modules and Panels 2.1.3. UL 1741 Inverters, Converters, and Controllers for Use in Independent Power Systems 2.1.4. IEEE Std 929-2000 IEEE Recommended Practice for Utility Interface of Photovoltaic (PV) Systems 2.2. The Owner certifies that the intended use of the equipment falls within the use or uses for which the equipment was tested and labeled. 2.3. Certified equipment shall not require further type-test review, testing, or additional equipment to meet interconnection requirements; however, nothing herein shall preclude the need for an on-site commissioning test by the parties to this Agreement or follow-up production testing by the labeling or certifying authority. 2.4. If the certified equipment package includes only interface components (switchgear, inverters, or other interface devices), then the Owner must show that the generator or other electric source being utilized with the equipment package is compatible with the equipment package and is consistent with the testing and listing specified for this type of interconnection equipment. 2.5. Provided the generator or electric source, when combined with the equipment package, is within the range of capabilities for which it was tested, and does not violate the interface components’ labeling and listing, no further design review, testing or additional equipment on the customer side of the point of common coupling shall be required to meet the requirements of this interconnection procedure. 2.6. An equipment package does not include equipment provided by Aquila. 3. Equipment and Installation Requirements 3.1. The Owner may proceed to construct the Solar Renewable Energy System when Aquila approves the Owner’s application and returns it to the Customer. 3.2. All equipment must be installed in accordance with NFPA 70 (2005), National Electrical Code, and must comply with all local building construction and electrical code requirements. 3.3. For Grid-Interconnected Solar Renewable Energy Systems, Owner must provide an accessible, visible disconnect switch labeled “Solar Power System Disconnect.” The purpose of this switch is to allow isolation of the Owner’s Solar Renewable Energy System from Aquila’s system for maintenance, emergencies and testing. Disconnect switch must be located near the Owner’s electrical service entrance. 3.4. For new systems and expansions to existing systems, whether Grid-Interconnected or Off-Grid, Owner certifies that all equipment and materials are new and unused, and are protected by equipment warranties of not less than 20 years for PV modules, 5 years for power conversion equipment, and 5 years for installation and labor. 3.5. Owner certifies that the Solar Renewable Energy System is installed permanently and will not be removed for the duration of its useful life. 4. Interconnection and Operation 4.1. The Owner may operate the Solar Renewable Energy System and interconnect with Aquila’s electric system once all of the following have occurred: 4.1.1. Upon completing construction, the Owner will cause the Solar Renewable Energy System to be inspected or otherwise certified by the appropriate local building and electrical inspectors with jurisdiction, and 4.1.2. The Owner returns the Certificate of Completion to Aquila, and 4.1.3. Aquila has completed its inspection of the Solar Renewable Energy System to ensure that all equipment has been appropriately installed and that all electrical connections have been made in accordance with applicable codes. All inspections must be conducted by Aquila, at its own expense, within 30 Business Days after receipt of the Certificate of Completion and shall take place at a time agreeable to the Parties. Aquila shall provide a written statement that the Solar Renewable Energy System has passed inspection or shall notify the Owner of what steps it must take to pass inspection as soon as practicable after the inspection takes place. 4.1.4. Aquila has the right to disconnect a Grid-Interconnected Solar Renewable Energy System in the event of improper installation or failure to return the Certificate of Completion. 4.1.5. Aquila will determine if improvements to Aquila’s system are necessary to accommodate the installation of a Grid-Interconnected Solar Renewable Energy System. If such improvements are necessary, the Owner must pay for any required improvements to Aquila’s system caused by the installation of the Grid-Interconnected Solar Renewable Energy System prior to the improvements being made. 5. Safe Operations and Maintenance 5.1. The Owner shall be fully responsible to operate, maintain, and repair the Solar Renewable Energy System as required to ensure that it complies at all times with the interconnection standards to which it has been certified, and that it is producing electricity in amounts within the system’s specifications. 6. Access 6.1. Aquila shall have access to the disconnect switch and metering equipment of the Grid-Interconnected Solar Renewable Energy System at all times. Aquila shall provide reasonable notice to the Customer when possible prior to using its right of access. 7. Disconnection 7.1. Aquila may temporarily disconnect the Grid-Interconnected Solar Renewable Energy System upon the following conditions: 7.1.1. For scheduled outages per notice requirements in Aquila’s tariff or Commission rules. 7.1.2. For unscheduled outages or emergency conditions pursuant to Aquila’s tariff or Commission rules. 7.1.3. If the Grid-Interconnected Solar Renewable Energy System does not operate in the manner consistent with this Agreement. 7.2. Aquila shall inform the Customer in advance of any scheduled disconnection, or as is reasonable after an unscheduled disconnection. 8. Standard Rebate Offer 8.1. Aquila shall pay $2.00 per DC Watt to the Owner as an incentive to install, operate and maintain a Grid-Interconnected Solar Renewable Energy System. 8.2. Payment of the Standard Rebate Offer shall be made upon Aquila’s final inspection and receipt of copies of final invoices. 9. Solar Renewable Energy Credits 9.1. For a Solar Renewable Energy System with a total rating of 10,000 DC Watts or less, Owner shall sell to Aquila, and Aquila shall purchase from Owner, all the SO-RECs associated with the renewable energy delivered by the Solar Renewable Energy System for a period of 20 years from the date of initial operation. The cost for the SO-RECs shall be calculated by multiplying the DC rating of the system by the Adjusted DC Output Ratio and the rate in effect at the time of this agreement (in dollars per Watt). Payment of the SO-RECs shall be made in a single lump sum upon Aquila’s final inspection and receipt of copies of final invoices. 9.2. For a Solar Renewable Energy System with a total rating more than 10,000 DC Watts but not greater than 100,000 DC Watts, Owner shall sell to Aquila, and Aquila shall purchase from Owner, all the SO-RECs associated with the renewable energy delivered by the Solar Renewable Energy System for a period of 20 years from the date of initial operation. Payment shall be made by multiplying the Solar Renewable Energy System’s measured energy production, in megawatt-hours, in each calendar year by $115 per megawatt-hour. 10. Net Metering 10.1. Renewable Energy Net Metering is available to Aquila customers that are supplied electric service under any rate schedule and own, operate and maintain an eligible Grid-Interconnected Solar Renewable Energy System interconnected to Aquila’s system. 11. Owner Representations and Warranties Owner covenants, represents, and warrants to Aquila that: 11.1. Owner owns the entire output of the Solar Renewable Energy System, including all energy and SO-RECs generated by the system and the Owner has the contractual rights to sell separately all right, title and interest to the SO-RECs associated with the renewable power output 11.2. The SO-RECs shall vest in Aquila and Aquila shall thereupon have the exclusive rights to make all claims as to the renewable attributes of such SO-RECs including: (1) that such SO-RECs are associated with energy generated by the Solar Renewable Energy System and (2) the right to report to the Public Utility Commission, and agency, authority or other entity that Aquila has purchased from Owner and owns such SO-RECs. 11.3. With respect to all SO-RECs sold hereunder, Owner covenants, represents and warrants to Aquila that: (1) the Solar Renewable Energy System generating the energy associated with the SO-RECs shall have generated the amount of energy associated with the number of SO-RECs purchased hereunder; (2) that Owner shall have (a) sold the SO-RECs exclusively to Aquila; and (b) made no representation, in writing or otherwise, that any third-party received, or has or obtained right to , the SO-RECs that are inconsistent with the rights being acquired by Aquila hereunder; (3) all SO-RECs purchased and sold hereunder, and all right, title and interest to such SO-RECs shall be transferred to Aquila free and clear of any liens and encumbrances whatsoever upon consummation of such sale. 12. Verification 12.1. Owner shall maintain adequate records to assist Aquila in complying with: (a) the requirements of any applicable federal or state laws or regulations and (b) the requirements of the PUC and its rules, regulations and orders. Upon Aquila’s request, Owner shall provide Aquila with information in Owner’s possession or control regarding the Solar Renewable Energy System as reasonably necessary for Aquila to comply with all such requirements. Seller hereby consents to Aquila’s use of any information described in this Section for the purpose of documenting to a governmental agency and/or independent certification board that Aquila obtained title to the SO-REC’s hereunder. 12.2. Solar Renewable Energy Systems larger than 10,000 DC Watts must have a separate, dedicated kilowatt-hour meter installed, at Aquila’s cost, for the purpose of measuring energy production from the Solar Renewable Energy System. This meter must be located near the Owner’s electrical service entrance. 13. Audit and Inspection 13.1. Aquila has the right, at its sole expense and during normal working hours, to examine the records of the Owner to the extent reasonably necessary to examine all records; and to inspect site and the Solar Renewable Energy System pursuant to this Agreement. If requested, the Owner shall provide to Aquila statements evidencing the quantities of power delivered at the point of interconnection. If any such examination reveals any inaccuracy in any statement, the necessary adjustments in such statement and the payments thereof will be made promptly. 14. Confidentiality 14.1. Each Party shall treat as confidential the terms and conditions of this Agreement, including, but not limited to, the Purchase Price, (the “Confidential Information”), and shall not disclose Confidential Information to any third party or use it for any purpose not expressly permitted by this Agreement; provided, however, that (i) either Party may disclose Confidential Information to any regulatory or similar agency with jurisdiction over either Party; and that (ii) Aquila may disclose Confidential Information as required to any certifying or standard-setting authority or entity. Nothing in this Agreement, or any other agreement between the Parties hereto express or implied, shall be construed as limiting in any way the ability of either Party to consult with any tax adviser regarding the tax treatment or tax structure of this Agreement. 15. Indemnification 15.1. The Parties shall at all times indemnify, defend, and save the other Party harmless from, any and all damages, losses, claims, including claims and actions relating to injury to or death of any person or damage to property, demand, suits, recoveries, costs and expenses, court costs, attorney fees, and all other obligations by or to third parties, arising out of or resulting from the other Party’s action or inactions of its obligations under this agreement on behalf of the indemnifying Party, except in cases of gross negligence or intentional wrongdoing by the indemnified Party. 16. Insurance 16.1. For Grid-Interconnected Solar Renewable Energy Systems of 10 kW or less, the Owner, at its own expense, shall secure and maintain in effect during the term of the Agreement liability insurance with a combined single limit for bodily injury and property damage of not less than $300,000 for each occurrence. For systems above 10 kW and up to 2 MW, Owner, at its own expense, shall secure and maintain in effect during the term of the Agreement liability insurance with a combined single limit for bodily injury and property damage of not less than $2,000,000 for each occurrence. Insurance coverage for systems greater than 2 MW shall be determined on a case-by-case basis by Aquila and shall reflect the size of the installation and the potential for system damage. 16.2. Except for those solar systems installed on a residential premise which have a design capacity of 10 kW or less, Aquila shall be named as an additional insured by endorsement to the insurance policy and the policy shall provide that written notice be given to the Aquila at least thirty (30) days prior to any cancellation or reduction of any coverage. Such liability insurance shall provide, by endorsement to the policy, that Aquila shall not by reason of its inclusion as an additional insured incur liability to the insurance carrier for the payment of premium of such insurance. For all solar systems, the liability insurance shall not exclude coverage for any incident related to the subject generator or its operation. 16.3. Certificates of Insurance evidencing the requisite coverage and provision(s) shall be furnished to Aquila prior to Date of Interconnection of the Generation System. A copy of any renewals shall be sent to Aquila’s Authorized Operating Representative so that Aquila is always in possession of a current Certificate of Insurance. Owner will not be allowed to commence or continue interconnected operations unless evidence is provided that satisfactory insurance coverage is in effect at all times. 16.4. Owner will cause each contractor employed by Owner to purchase and maintain insurance of the type specified above, but which should also include completed operations coverage for two years after initial installation of equipment. When requested by Aquila, Owner will furnish copies of certificates of insurance evidencing coverage for each contractor. Failure by Owner to require each contractor to purchase and maintain insurance of the type specified does not relieve any of Owners obligations under this agreement. Insurance maintained by contractor and any subcontractors shall included Aquila as an additional insured on their liability policies. 17. Limitation of Liability 17.1. Each party’s liability to the other party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall either party be liable to the other party for any indirect, incidental, special, consequential, or punitive damages of any kind whatsoever, except as allowed under the Indemnification section of this Agreement. 18. Term and Termination 18.1. The term of this Agreement shall commence on the Effective Date and expire upon completion of the Period of Delivery after all payments, deliveries and other obligations of the Parties hereunder have been completed. 18.2. This Agreement may be terminated under the following conditions: 18.2.1. By the Owner: by providing written notice to Aquila. 18.2.2. By Aquila: if the Solar Renewable Energy System is not installed within 12 months of the date of pre-approval, unless an extension is approved by Aquila, or if the Solar Renewable Energy System fails to operate for any consecutive 12 month period or the Owner fails to remedy a violation of these Terms and Conditions. 18.2.3. Permanent Disconnection: in the event this Agreement is terminated, Aquila shall have the right to disconnect its facilities or direct the Owner to disconnect its Solar Renewable Energy System. 19. Survival Rights 19.1. This Agreement shall continue in effect after termination to the extent necessary to allow or require either Party to fulfill rights or obligations that arose under the Agreement. 20. Miscellaneous 20.1. Documentation on Future Exchange. In the event that a regulatory requirement is imposed or enacted after the Effective Date, pursuant to which regulatory requirement the transfer of any of the SO-REC’s purchased hereunder is required to be documented or recorded on an exchange or trading system, then the Seller and Aquila shall work together in good faith and take such actions as may be reasonably necessary to transfer, and record the transfer of, such SO-REC’s from Seller to Aquila on such exchange or trading system. Such regulatory requirement shall include any federal or state statute, regulation, order or other requirement of any governmental or regulatory authority having jurisdiction. 20.2. Notices. All notices, demands or consents required or permitted under this Agreement will be in writing and will be sent by facsimile, certified mail return receipt requested, by hand delivery, or nationally recognized overnight courier to the respective Parties at the addresses set forth above. 20.3. Right to Transfer. Aquila shall have the right to sell or otherwise transfer to a third party, any or all of the SO-REC’s purchased from Seller. 20.4. Counterparts. This Agreement may be executed in counterparts, each of which taken together shall constitute a single agreement. 20.5. Assignment. Neither Party may assign or transfer this Agreement or any of its rights or obligations under this Agreement without the prior written consent of the other Party, which consent shall not be unreasonably withheld or delayed; provided, however, that either Party may assign this Agreement, without the consent of the other Party, to (a) any Affiliate of the assigning Party, (b) any entity in which or with which the assigning Party is merged or consolidated, (c) any entity acquiring all or a substantial part of the assets of the assigning Party, or (d) any entity to which the Assigning Party has assigned, transferred or pledged rights or interests under this Agreement for mortgage or otherwise as security for indebtedness. 20.6. Entire Agreement. This Agreement contains the entire agreement of the parties relating to the subject matter hereof, and supersedes any and all prior agreements, written or oral, between them relating to the subject matter hereof. This Agreement cannot be extended, modified or amended unless agreed to in writing by each party. 20.7. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the state of Colorado.
I have read and agree to the terms and conditions set forth in the Aquila On-Site Solar PV Program Agreement.
Yes, I agree
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