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[1] SunShare Colorado Annual Community Solar Services Agreement – v5.3.20 – D2D – CONFIDENTIAL

[1] SunShare Colorado Annual Community Solar Services Agreement – v5.3.20 – CONFIDENTIAL


 


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 5.3.20. 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

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: Annual

Selected Offset:  

Agreement Term: One Year

Starting Community Solar Rate: $0.005 per kWh higher than the Bill Credit rate

Expected Starting Bill Credit Rate: $0.08536 per kWh

Expected Year 1 Community Solar Rate: $0.09036 per kWh

Cancellation Options: Flexible, with annual notice option

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 will be just a few dollars!

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 the amount of time for which you are guaranteed to receive Bill Credits from Xcel Energy on your utility bill. If no cancellation notice is provided, your One-Year subscription will auto-renew each year and provide you with Bill Credits on your utility bill for an additional year.

Expected 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. If the bill credit rate changes for Year 1, your starting community solar rate will be adjusted accordingly. Your subscription rate will always be one-half penny ($0.005) per kWh above the bill credit rate.

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. This rate is set by Xcel Energy each year. SunShare will only bill you for kilowatt hours for which you have already received credits from Xcel Energy.

Cancellation Options: If you wish to cancel your subscription, you must provide at least 30 days' notice before the end of each subscription year; otherwise, your subscription will auto-renew for an additional year. You can also cancel any time if you move out of Xcel Energy service territory or no longer receive a utility bill.

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.
  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 (the “Commencement Date”), and will continue until the date that is 12 calendar months after the commercial operation date (“Commercial Operation”) of the Solar Garden, unless terminated as outlined per Section 16.C. below (the “Term”). For the sake of clarity, while this Agreement is effective when signed, the initial 12-month period does not begin until the Commercial Operation Date. As a result, the period of time from when you sign this Agreement until the end of the initial Term may be more or less than twelve months. This agreement will automatically renew on each anniversary of Commercial Operation, a maximum of 19 times, unless terminated at least 30 days prior to the next occurring anniversary, or any time after the first anniversary per Section 16 below. The autorenewal may be extended more than 19 times pursuant to changes in applicable law. Your receipt of Bill Credits on your retail electric service bill shall be deemed notice of the commencement of the initial 12-month Term. You acknowledge that the Term may be less than 12 calendar months if the Solar Garden achieved Commercial Operation prior to the activation of your subscription to the Solar Garden. You may begin receiving Bill 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 Bill Credit rate applicable at the time your subscription is activated in the Solar Garden. For instance, if you are assigned to the Solar Garden 18 months after the commercial operation date of such Solar Garden, your Term would be six months and your starting Monthly Subscriber Payment (as defined below) would be based on the Bill Credit rate applicable at that time. 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   of your historic annual electricity use (see Section 5, Customer Eligibility, directly below). 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. Your Monthly Subscriber Payment Schedule shall be calculated based on the Bill Credit rate as of the date the Solar Garden begins Commercial Operation. The initial Monthly Subscriber Payment amount, and each monthly Subscriber Payment amount thereafter will be calculated as the Bill Credit Rate for the applicable meter type plus $0.005, or one-half cent, per kWh. Your Monthly Subscriber Payment is determined by the Bill Credit Rates as outlined in Section 6. 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 (after your bill due date), we have the right to 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 Section 31, Dispute Resolution.
  6. Changes in Your Participation. You may reallocate, transfer, or reduce your Production Capacity under the following terms, which also govern early termination, subscriber balancing, and other changes in your participation:
    1. Substitution of New Premises. You may transfer your subscription to a new Location, provided the proposed Location 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, which we will provide upon our approval of your proposed new Location, fully completed, executed, and returned to us in a legible and acceptable format to us, before we can approve the requested substitution of Locations:
        1. updated Agency Agreements under Section 15, 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 where applicable, 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 we will provide upon our approval of your proposed transfer, which you and the proposed transferee will need to fully complete, execute, and return to us in a legible and acceptable format to us, so 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 Section 15, if required; and
          3. any other agreements or documents reasonably requested by us or Xcel Energy.
    3. Unexpected Contingencies. If you move outside Xcel Energy’s service territory, die, or otherwise lose your ability to receive Bill Credits without first transferring your Production Capacity to an eligible transferee, we will cancel this Agreement upon notification that you are no longer receiving Bill Credits. You will only be charged a Monthly Subscriber Payment for Bill Credits you receive.
    4. 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: March 4, 2024


Signature Certificate
Document name: [1] SunShare Colorado Annual Community Solar Services Agreement – v5.3.20 – CONFIDENTIAL
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November 7, 2021 6:09 pm MDT[1] SunShare Colorado Annual Community Solar Services Agreement – v5.3.20 – CONFIDENTIAL Uploaded by SunShare, LLC -- Melina Fleming, Authorized Signer - no-reply@mysunshare.com IP 71.229.149.137