"*" indicates required fields LinkedInThis field is for validation purposes and should be left unchanged.Applicant Name:*For organizations, input primary contact name in this field First Last Joint Applicant Name: First Last Organization/Business Name:CEC Service Address:* Street Address City ZIP Code Mailing Address: Same as as Service Address? Street Address City State AlabamaAlaskaAmerican SamoaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaGuamHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaNorthern Mariana IslandsOhioOklahomaOregonPennsylvaniaPuerto RicoRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahU.S. Virgin IslandsVermontVirginiaWashingtonWest VirginiaWisconsinWyomingArmed Forces AmericasArmed Forces EuropeArmed Forces Pacific ZIP Code Email:* Primary Phone:*Type:* Mobile Landline Secondary Phone:Type: Mobile Landline By providing CEC with the above phone number(s) and email address, you are giving express written consent to contact you via these channels for outage notifications and other CEC specific business purposes. You may setup or turn off specific notifications to be sent to you via email or text in your SmartHub account. You may opt out at any time by contacting CEC in writing (email or letter).CEC Customer Account Number*This Net-Metering Agreement (“Agreement”) is by and between Central Electric Cooperative, Inc. (“CEC”) and the submitting applicant(s), a member and retail electric customer of CEC (“Subscriber”). CEC and Subscriber may be referred to herein individually as a “Party” or collectively as the “Parties.” Terms and Conditions*Now, therefore, in consideration of and subject to the mutual covenants contained herein, the Parties agree as follows: 1. Community Solar Program Participation. Subscription must be and remain a holding of a CEC active member. Subscribers who surrender their CEC active member status cannot remain in the CEC Community Solar program. See transfer and reassignment options, Section 5. Subscriber acknowledges and agrees that any and all environmental attributes associated with the Community Solar Facility shall remain the property of CEC and Subscriber agrees not to make any statement contrary to such ownership by CEC. “Environmental Attributes” means and includes all rights, credits, benefits, emissions reductions, offsets, and allowances resulting from the environmental or renewable characteristics or attributes of the Community Solar Facility or the avoidance of the emission of any greenhouse gas, chemical, or pollutant to the air, soil or water, which are deemed of value by CEC, in each case now or hereafter created or recognized by any governmental authority or independent certification association and generated by or associated with the Community Solar Facility, including without limitation any renewable energy credits (RECs) or similar rights arising under the Oregon Renewable Portfolio Standard (RPS), any federal or state renewable portfolio standard, and any credits, offsets or similar rights arising under any federal or state carbon legislation or regulation or any voluntary or government-mandated carbon trading program. Subscriber will have no ownership, possession right or control of the Community Solar Facility, and will have no rights or obligations with respect to the maintenance or operation of the Community Solar Facility. This Agreement does not convey to Subscriber any right, title or interest in or to any portion of any property (tangible or intangible, real or personal) underlying or comprising any portion of the Community Solar Facility. CEC shall operate and maintain the Community Solar Facility or contract with a qualified third party to operate and maintain the Community Solar Facility in accordance with best practices of the solar panel manufacturer. Terms and Conditions* 2. Term. The Term of this Agreement shall commence on the date the previous Subscriber is no longer participating in the program and will terminate on December 31, 2035, unless early terminated in accordance with the early termination provisions set forth in this Agreement. Terms and Conditions* 3. Solar Energy Credit. During the Term, Subscriber will receive a Solar Energy Credit for the share of energy production attributable to the number of panels comprising the total Subscription, which shall be reflected as a kilowatt hour (kWh) credit offsetting the monthly energy charge for electric service provided by CEC to the Subscriber’s Service Address. The actual electric production for the Community Solar Facility will be recorded on a calendar month basis. The appropriate kWh credit(s) will be applied to Subscriber’s electric bill the following month after that production. Solar Energy Credit will only be applied to the Subscribers monthly bill in a month where there is kWh usage. In the event the Subscriber does not have kWh usage for a month, the Solar Energy Credit will accumulate and be applied in future months when there is kWh usage. If there are twelve (12) consecutive months of no kWh usage, the credit will be forfeited. The Solar Energy Credit will be calculated using the kWh energy rate of applicable rate schedule for the Subscriber’s Service Address. Subscriber agrees that CEC’s sole obligation with respect to payments to Subscriber shall be to apply the Solar Energy Credit as a credit on Subscriber’s billing statement for electric service provided by CEC to the Service Address, according to the conditions of this Agreement. In no event shall CEC have an obligation to pay cash or other consideration for any accumulated, unused Solar Energy Credit. Terms and Conditions* 4. Repurchase of Subscription. In CEC’s sole discretion, CEC may, at any time it deems necessary for the good of the cooperative membership, elect to repurchase all or any portion of Subscriber’s solar subscription and the associated rights to receive Solar Energy Credit, and Subscriber is obligated to sell such solar subscription and associated rights to CEC pursuant to the terms of this Section 5. CEC will not exercise its option to repurchase the Subscriber’s Subscription for the purpose of capturing current or future economic advantages attributable to Subscriber’s Subscription. Such repurchase will occur as follows: CEC will notify Subscriber of CEC’s election to exercise its repurchase right and the portion of the subscription to be repurchased by sending a subscription repurchase notice (Notice). The Notice will be sent at least thirty (30) days prior to the effective date of repurchase. The Subscription repurchase price will be calculated by decreasing the original subscription price by 5% for every year the Subscription has been active. At the end of the twenty (20) year Term, this subscription repurchase price will be $0, and the rights under this Agreement to receive a Solar Energy Credit will terminate. This Agreement will terminate effective upon the repurchase by CEC of all of Subscriber’s allocated capacity and associated rights to receive Solar Energy Credit. Subscriber does not have the right to require CEC to repurchase all or any portion of the rights to receive the Solar Energy Credit associated with the Subscriber’s Subscription. Terms and Conditions* 5. Transfer/Assignment. Subscriber may transfer the right to receive the Solar Energy Credit from Subscriber’s Subscription to another eligible Service Address; or may assign Subscriber’s rights under this Agreement to another CEC member, provided the assignee is a member in good standing with a valid, qualifying Service Address and such assignment does not result in assignee receiving more Solar Energy Credit than the equivalent Subscription Output for assignee’s Service Address. Subscriber shall notify CEC of such proposed transfer or assignment in writing at least thirty (30) days prior to the proposed effective date of such transfer or assignment. Subscriber must notify CEC in writing thirty (30) days prior to the proposed effective date. The notice must include: Subscriber’s Name and Mailing Address, Current Subscription Service Address, New Subscription Service Address (If applicable), Name of the CEC Member to whom the Subscriber is assigning this Agreement (If applicable), Proposed Effective Date of transfer or assignment, The transfer or assignment shall become effective the 30th day following receipt of notice by CEC or the proposed effective date, whichever is later, unless CEC provides written notice to Subscriber that the request fails to meet any of the above requirements or is otherwise prohibited by CEC bylaws or Board policies. Upon any assignment of this Agreement pursuant to this Section 5, Subscriber will surrender all rights, title and interest in and to this Agreement. No assignment will extend the Term of this Agreement. Except as provided above in Section 5, Subscriber may not assign, gift, bequeath or otherwise transfer any of its rights or obligations under this Agreement to any other individual or entity for purpose, including without limitations as security for any debt or obligation. Any attempted assignment in violation of this Section 5 shall be null and void. Terms and Conditions* 6. Additional Acknowledgements. The parties further acknowledge and agree that: Subscriber will not have access to the Community Solar Facility for any purpose, unless otherwise agreed to in advance by CEC in its sole discretion. Community Solar Facility can be made accessible for viewing by making specific arrangements with CEC staff to provide access during normal business hours. Subscriber is not relying on any representation, warranty or promise with respect to the Central Electric Cooperative, Inc. Community Solar Program, Community Solar Facility, or Shared Solar Program made by or on behalf of CEC, except to the extent specifically stated in this Agreement. SUBSCRIBER ACKNOWLEDGES AND AGREES THAT THE CEC COMMUNITY SOLAR FACILITY IS BEING USED IN THE CEC COMMUNITY SOLAR PROGRAM AS IS, WHERE IS, AND WITHOUT WARRANTY. ANY WARRANTIES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE ARE HEREBY DISCLAIMED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Nothing in this Agreement shall be deemed to alter or modify any rate, charge, term, or condition of the electric service provided by CEC to Subscriber or to modify in any way Subscriber’s rights and obligations as a member of CEC. All of CEC rates, charges, terms, and conditions of electric service shall remain subject to change in accordance with applicable law at any time. Nothing in this agreement shall be deemed to alter or modify any rate, charge, term, or condition of the electric service provided by CEC to Subscriber or modify in any way Subscriber’s rights and obligations as a member of CEC. All of CEC rates, charges, terms and conditions of electric service shall remain subject change, from time to time, in accordance with applicable law or as determined by the Board of Directors. Terms and Conditions* 7. Notice. All notices, requests, consents, and other communication to a party required under this Agreement must be in writing, delivered to the mailing address for such party stated in this Agreement and will be deemed delivered upon the earlier of (a) three business days after being deposited in certified or registered mail, return receipt requested, postage prepaid, or (b) the following business day after being delivered to a reputable courier service. Terms and Conditions* 8. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all previous proposals, both oral and written, negotiations, representations, commitments, writings and all other communications between the parties. This Agreement may not be amended, assigned, or terminated except by an instrument in writing signed by a duly authorized representative of each of the parties. Terms and Conditions* 9. Governing Law/Jurisdiction/Venue. This Agreement shall be deemed to have been made in, and shall be construed under, the internal laws of the State of Oregon, without regards to the principles of conflicts of laws thereof. The parties acknowledge and agree that a court of competent jurisdiction located in Deschutes County, Oregon shall have exclusive jurisdiction in any action or proceeding arising under or relating to this Agreement. Terms and Conditions* 10. Binding on Successors. This Agreement shall be binding on the heirs, personal and legal representatives, successors and permitted assigns of the Member/Subscriber. IN WITNESS WHEREOF, the Subscriber has caused this Agreement to be executed by its duly authorized representative.Primary Applicant Consent*By checking this box and typing my name, I certify that all information on this form is true and correct and I am following the terms and conditions outlined above. I also agree that the checkbox and my name typed below are to be used as my electronic signature. I understand that I can be held liable if I provide false or misleading information. I certify the above information is true and correct and I am the person submitting this form. SUBSCRIBER Primary Applicant Full Name:*Joint Applicant ConsentBy checking this box and typing my name, I certify that all information on this form is true and correct and I am following the terms and conditions outlined above. I also agree that the checkbox and my name typed below are to be used as my electronic signature. I understand that I can be held liable if I provide false or misleading information. I certify the above information is true and correct and I am the person submitting this form. SUBSCRIBER Joint Applicant Full Name:Consent* I agree to the CEC Privacy Policy.
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