[1] SunShare Minnesota Rate Promise Solar Services Agreement – v2.4.17 – CONFIDENTIAL


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ENROLLMENT INSTRUCTIONS

Welcome to SunShare! We are thrilled to have you join our community solar family, and you are taking the first step toward making a difference for generations.

To begin your enrollment and reserve your space in a community solar garden, you’ll be asked to sign three documents, including your SunShare Community Solar Services Agreement, which is your agreement with us, and two Xcel Energy forms, authorizing us to evaluate your past electricity usage to determine the size of your community solar subscription, and to place you into a community solar garden so that you will receive Bill Credits on your utility bill. Please click Agree and Sign in the bottom right corner after signing each of these documents, and note that the documents need to be signed by the Primary Account Holder on your bill to ensure that the onboarding process is as smooth as possible.

Please note that the Agreement includes hyperlinks to Attachments A-H for your review. You can also access them at the following link: SSA Attachments 2.4.17. There is no need to sign any of these attachments at this time; they are included for informational purposes only. Attachment A is based on an average Colorado home and will be updated based on the subscription size for your particular home prior to your placement in a community solar garden. Attachment H is the full terms of service for your subscription. Should you change your mind after signing, Attachment G allows you to cancel within three business days of signing the enclosed Agreement.

SunShare considers our subscriber contract to be a confidential, non-public document. We thus ask you to not disclose this document to non-affiliated third parties (including posting it on the Internet), though of course, you may share it with your family members, attorney, or other affiliated third parties for their review. That said, we are happy to provide a copy of our contract to any legitimate requester, so please refer any third parties interested in signing up with SunShare directly to us.

Once you have completed signing these documents, you will receive three emails from SunShare Community Solar, containing the fully-executed versions. If you have any questions at all, please feel free to reach out to us at 800.793.0786 or customercare@mysunshare.com. We look forward to working together to make the world a cleaner, brighter place! 

The SunShare Team

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RESIDENTIAL COMMUNITY SOLAR SERVICES AGREEMENT

This agreement is entered into by the following parties:

Company: SunShare, LLC, 1724 Gilpin Street, Denver, CO, 80218

 

Community Solar Subscriber:

Name of Xcel Energy Primary Account Holder:

Mailing Address: , , , , ,  

Email Address:

Phone Number:

Community Solar Subscription Service Address with Xcel Energy:

Service Address: , , , ,

Xcel Energy Account Number:

 

COMMUNITY SOLAR SUBSCRIPTION SUMMARY

 

Selected Plan: Rate Promise

Selected Offset:  

Agreement Term: 25 Years

Starting Community Solar Rate: $0.1401 per kWh

Community Solar Rate Escalator: 2.75%

Escalator Starting Year: Year 2

Expected Starting Bill Credit Rate: $0.15860 per kWh

Cancellation Options: Flexible

Assigned Community Solar Garden: To be designated by us in the future based on availability

 

 

Plain-Language Summary of Important Terms:

Billing: Once your community solar garden is active, you'll receive two bills every month ─ one from SunShare and one from Xcel Energy. The net difference of the two bills in Year 1 is guaranteed to result in savings on your electricity, with continued expected savings in subsequent years.

Eligibility: Your participation requires either Autopay Enrollment or a Credit Check, which you have elected on the previous screen. If you have elected Credit Check, the check will be performed upon receipt of your signed documents. If you have elected Autopay, you will be automatically enrolled in Autopay for your first SunShare bill after you have been placed into a community solar garden.

Agreement Term: The length of your SunShare agreement is simply the length of the agreement between SunShare and Xcel Energy to deliver solar energy onto the power grid. This is also the length of time for which you are guaranteed to receive Bill Credits from Xcel Energy on your utility bill.

Expected Starting Bill Credit Rate: This is the bill credit rate you will receive on your Xcel Energy utility bill for each kilowatt hour of electricity the community solar garden generates on your behalf. Your bill credit rate will be higher than your SunShare rate in Year 1, resulting in guaranteed savings on your electricity for at least the first year.

Year 1 Community Solar Rate: This is the rate you will pay to SunShare for each kilowatt hour of electricity the community solar garden generates on your behalf. In Year 1, this rate is lower than the Bill Credit rate, so you will see savings on your electricity! SunShare will only bill you for kilowatt hours for which you you've already received credits from Xcel Energy.

Community Solar Rate Escalator: This is the percentage your community solar subscription rate will increase each year. 

Escalator Starting Year: The standard rate of your agreement will escalate at 2.75% on your garden's anniversary date, beginning in Year 2.

Cancellation Options: You can cancel any time if you move out of Xcel Energy service territory, or no longer receive a utility bill. Otherwise, we ask that you find a replacement subscriber, or allow SunShare to find a replacement for you, which can take up to 60 days. If you remain eligible but do not want to wait for a replacement subscriber, SunShare may charge a Termination Fee.

Other Important Items: THIS IS NOT AN INVESTMENT CONTRACT OR SECURITY. WE ARE NOT A COOPERATIVE. YOU ARE NOT AN OWNER OF US OR THE SOLAR GARDEN.

Detailed Explanation of Terms: A detailed explanation of the subscription terms outlined above can be found here.

 

COMMUNITY SOLAR SUBSCRIPTION TERMS & CONDITIONS

  1. Terms of Service. By signing this Agreement, you agree to the Terms of Service as outlined in Attachment H.
  2. Effective Date; Term. This Agreement is effective upon execution. The delivery term (i.e., the period during which you will receive Bill Credits (defined below)) of this Agreement will commence on the first day of the month that you receive Bill Credits from Xcel Energy toward your retail electric service bill after your Xcel Energy account number is validated in Xcel Energy’s portal for the Solar Garden and will continue until the date that is 300 calendar months after the commercial operation date of the Solar Garden (the “Term”). Your receipt of Bill Credits on your retail electric service bill shall be deemed notice of the commencement of the Term. You acknowledge that the Term may be less than 300 calendar months if the Solar Garden achieved commercial operation prior to the activation of your subscription to the Solar Garden. You may begin receiving credits at any point after the effective date of this Agreement based on Solar Garden availability, and the rate applicable to your Monthly Subscriber Payment (defined below) will be based on the number of years the Solar Garden has been in commercial operation and the date of the activation of your subscription to the Solar Garden. For instance, if you are assigned into the Solar Garden 12 months after the commercial operation date of such Solar Garden, your term would be 288 months and your starting Monthly Subscriber Payment (as defined below) would be based on the amount associated with “Year 2 after COD” on Attachment A, Solar Garden Price Schedule. Our responsibility to facilitate the application of Bill Credits by Xcel Energy will terminate at the end of the Term.
  3. Customer’s Production Capacity. You are subscribed to the amount of production capacity (your “Production Capacity”) shown in kilowatts on the cover page of this agreement. Your Production Capacity is based on a percentage of your historic annual energy use, and we will set your Production Capacity at the percentage of your historic annual electricity use shown on the cover page of this agreement (see Attachment H Section 3). We measure the amount of solar energy produced by your Production Capacity in kWh and refer to that energy in this Agreement as your “Solar Energy.”
  4. Monthly Payments. Unless otherwise set forth in this Agreement, the payment amount you owe us (“Monthly Subscriber Payment”) during the Term is equal to the kWh of Solar Energy produced and delivered from the Solar Garden to Xcel Energy during a production month, multiplied by the price per kWh in effect during the year in which the production month occurs, as shown on the price list on Attachment A, Solar Garden Price Schedule. You will only be charged a Monthly Subscriber Payment for Bill Credits you receive. You agree to pay the full Monthly Payment within thirty (30) days after the date of our invoice. We prefer you make monthly payments through automated funds transfer and may charge a processing fee to cover the cost of accepting your payment by credit card, debit card, or check.
  5. Late Payments; Disputed Invoices. If you pay us late, we will charge you interest on the unpaid balance at the rate of two percent (2%) per month, or at any lesser maximum rate permitted by law, until you have fully paid your past due balance. If you dispute all or a portion of an invoice from us, or if any other claim or adjustment arises under this Agreement, you agree to pay the undisputed portion when due and provide us with notice of the amount in dispute. We will endeavor to mutually resolve the dispute within thirty (30) days of said notice as provided in Attachment H Section 30, Dispute Resolution.
  6. Changes in Your Participation. You may reallocate, transfer, or reduce your Production Capacity only under the following terms, which also govern early termination, subscriber balancing, and other changes in your participation.
    1. Substitution of New Premises. If the proposed transfer meets our eligibility requirements, as determined at our sole discretion, upon written notice to us, you may substitute new premises of yours for any Location covered by this Agreement by providing us:
      1. The name of the Xcel Energy customer of record, the account number, meter number(s), and the physical address and county associated with the new premises, for the purpose of applying Bill Credits; and
      2. The following documents, in form acceptable to us, fully completed, executed, and returned to us before we can approve the requested substitution of Locations:
        1. updated Agency Agreements under Attachment H Section 13, if required;
        2. an amendment to this Agreement reflecting the new customer Location(s); and
        3. any other agreements or documents reasonably requested by us or Xcel Energy.
    2. Transfer of Production Capacity to Another Entity. If the proposed transfer meets our eligibility requirements, including our credit requirements, upon written notice to us, you may transfer or assign all or part of your Production Capacity to any person or entity who qualifies as an eligible subscriber in the Solar Garden(s) by providing us:
      1. The name of the proposed transferee and the physical address and county of the Location(s) to be assigned Production Capacity, along with other information reasonably required by us;
      2. The following documents which you and the proposed transferee will need to fully complete, execute, and return to us so that we can process the proposed requested transfer:
        1. a written assignment of your designated Production Capacity and Solar Energy to the proposed transferee;
        2. updated Agency Agreements under Attachment H Section 13, if required; and
        3. any other agreements or documents reasonably requested by us or Xcel Energy.
      3. If the proposed transferee does not meet our credit requirements but is otherwise an eligible subscriber, you can elect Early Termination (see below) and then transfer or assign all or part of the associated Production Capacity to your proposed transferee. You agree that in no event shall you transfer your Production Capacity for more than the exit prepayment you’ve made to us as of the date of the transfer.
    3. Unexpected Contingencies. If you move outside Xcel Energy’s service territory, experience death, or otherwise lose your ability to receive Bill Credits without first transferring your Production Capacity to an eligible transferee, we will cancel this Agreement within 60 days of written notice and release you and/or your beneficiaries from further obligation to make payments under this Agreement upon the earlier of the expiration of such 60-day period or the transfer of your capacity and rights to a new subscriber. You will not be assessed any early termination fees after such cancellation. You agree that, upon cancellation of the Agreement under the terms set forth herein, your Production Capacity and related subscriber Bill Credits, sRECs, and other non-energy benefits will automatically assign back to us, so that we may offer it to other potential subscribers. You agree to cooperate with us if necessary to preserve our right to said capacity and benefits.
    4. Arbitrary Exit. This Agreement is structured to discourage arbitrary exit. Subscribers will preferably exit under provisions B or C above. That said, you may terminate this Agreement at any time during its Term by paying a termination fee (“Early Termination Fee”). Upon your payment of the Early Termination Fee (see Attachment H, Section 34) and effective assignment of your Production Capacity and the sRECs associated with your Production Capacity to us, we will terminate this Agreement and release you from further obligation.
    5. Subscriber Wait List. If you desire to transfer or assign your Production Capacity in the Solar Garden and have not identified a transferee, we will use commercially reasonable efforts (upon your request) to identify an eligible and willing transferee(s) to whom we can offer to transfer or assign all or a portion of your Production Capacity in a timely manner. However, you will remain obligated hereunder until such transferee becomes a subscriber to the Solar Garden. In particular, if the Solar Garden is fully subscribed, it is our intent to maintain a wait list of eligible customers of Xcel Energy who desire to participate in the Solar Garden to whom we can offer to transfer your Production capacity.
    6. Processing Changes. Transfers of your Production Capacity or substituting Locations may take up to ninety (90) days to complete, depending on the accuracy of the information we receive and the timely completion and return by you of the documents we require. You agree to pay the Monthly Payment until you have fully complied with this process and we approve your proposed transfer or location substitution.
  7. NOTICE OF RIGHT TO CANCEL. YOU MAY CANCEL THIS TRANSACTION FOR ANY REASON BY DELIVERING NOTICE TO US PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE ATTACHMENT G, NOTICE OF CANCELLATION WITHIN THREE DAYS, FOR AN EXPLANATION OF THIS RIGHT.

[SIGNATURE CERTIFICATE FOLLOWS]

I have read this Agreement and its Attachments in their entirety, and I acknowledge that I have received a complete copy of this Agreement.

 

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Signed by SunShare, LLC -- Melina Fleming, Authorized Signer
Signed On: April 14, 2023


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Document name: [1] SunShare Minnesota Rate Promise Solar Services Agreement – v2.4.17 – CONFIDENTIAL
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September 25, 2020 11:21 am MDT[1] SunShare Minnesota Rate Promise Solar Services Agreement – v2.4.17 – CONFIDENTIAL Uploaded by SunShare, LLC -- Melina Fleming, Authorized Signer - no-reply@mysunshare.com IP 76.155.58.30
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