Cities Index.
Green District Participant Agreement

Lancaster City Council
February 13, 2024

Document
Green District Participant Agreement
Meeting
February 13, 2024
Body
Lancaster City Council
Original file
154 KB
Text extracted from the city's file for reading and search. Open the original on cityoflancasterca.primegov.com. That file is the official record.

LE AEC PII- Green District
Participant Agreement
I. Participant Information
Company/Organization: ________________________________
Contact Name: _______________________________________
Contact Title: ________________________________________ Contact Phone Number: _______________________________
Contact Email Address: ________________________________ II. Installation Contractor Information
Installation Company: _________________________________ Contact Name: ______________________________________
Contact Phone Number: _______________________________
Contact Email Address: ________________________________ III. Project Site Information
Street Address*: ______________________________________________________________________ (*Note- Please add additional lines to include multiple project site addresses, as needed.) Last Four Digits for the SCE Service Account ID (SAID) for each building where equipment will be installed:

Eligible Rate Schedule as per the Lancaster Energy Green District Pilot Tariff:
Check here if a Rate Schedule change is required, and provide the current (ineligible) Current Rate Schedule here: ________________________________________________ IV. Project Costs
Equipment Cost: _____________________________________
Materials Cost: ______________________________________
Permitting and Interconnection Cost: _____________________________________ Labor Cost: __________________________________________
Total Project Cost: _____________________________________ V. Lancaster Energy Funding Allocation
Total LE Funding Offered: _____________________________________ VI. Advanced Energy Community Grant Funding Allocation
Total AEC Funding Offered: ____________________________________ VII. Net Remaining Cost to be provided by Participant
Total Funding Provided by Participant (if applicable): ___________________________ VII. Third-party Funding
Are Third-party funds (i.e., Private Financing, Bank Loan, other) being leveraged? (Yes or No) If any Third-party funds are being leveraged to support the project, please provide the following information:
Total Amount of Third-party funding: $ ____________
Type(s) of Third-party funding being leveraged (e.g., Bank Loan, Commercial Financing, Private Equity, etc.):
Third-party Funding Project Reference Number:
Proof of Funds (i.e., Loan Approval, Letter of Credit, Escrow Account Information, etc.):
Third-party Funding Provider Company/Organization:
Third-party Funding Provider Contact Name:
Third-party Funding Provider Contact Phone Number:
Third-party Funding Provider Contact Email Address:

IX. Monthly Bill Credit for LE Green District Pilot Participation First Year Monthly Bill Credit Amount: $____ per month
Last Four Digits for the SAID Number that will receive the Bill Credits:

X. Term
Duration of Agreement (number of years from Commercial Online Date): _____ years Estimated Commercial Online Date: _____________________________________ XI. Installation Deadline
All work related to this Agreement must be completed, and the installed equipment must be fully operational, no later than*:
*Important Note: Failure to meet this deadline due to withdrawal or delay(s) due to actions and/or inactions by Participant may result in adjustment or forfeiture of the LE Agreement Funding hereunder.

XII. Participant Agreement and Signature
This Agreement is made and entered into by and between Lancaster Energy (LE) and Participant as of the date of execution of the agreement. With my signature below, the Participant represents to LE that (i) Participant has read, understands, and agrees to be bound by the terms, conditions and requirements of this contract between LE and Participant (“Agreement”) and the Conditions and Requirements of the Green District Pilot Tariff, (ii) if Participant is an entity rather than an individual, its authorized representative listed below (“Authorized Representative”) has the authority to sign this Agreement on behalf of the Participant, and (iii) all accompanying Project documentation is complete, true, and accurate to the best of my knowledge.

Consent to Electronic Disclosure and Contracting. By signing below, Participant consents and agrees to receive electronically all communications, agreements, documents, notices, records, legal disclosures, and other information (collectively, “Electronic Records”) that LE provides in support of this Agreement.

Participant further agrees and consents to the use of electronic signatures (such as clicking, checking, signing using a digital pen, or otherwise manifesting assent) in the processing of Electronic Records.

Participant has the right to withdraw this consent at any time by emailing [email protected] . Participant must notify LE of any change in Participant’s e-mail address by using the contact information above.

Entity (if Participant is a Company/Organization, please Print the name of the entity here):

Participant or Authorized Company Representative Name (Please print): __________________________ Authorized Company Representative Title (if applicable):
_______________________________________
Date: _____________________________________
Signature of Participant or Authorized Representative: _____________________________________ Exhibit A
Lancaster Energy - Green District Pilot Agreement
Terms, Conditions, and Requirements

1. Overview. LE’s Green District Pilot (Green District Pilot) provides certain payments and funding options to LE customers installing behind-the-meter Distributed Energy Resources (DERs) in exchange for LE to have the ability to monitor and dispatch the DERs to reduce local peak demand, reduce overall cost of service to eligible customers, reduce greenhouse gas emissions, support grid health, and provide resiliency benefits for eligible customers during grid outages.

2. Definitions.
a. “Agreement” refers to this Green District Agreement, including the Cover Page, the Green District Agreement Terms, Conditions and Requirements and all attachments hereto b. “CPUC” refers to the California Public Utilities Commission c. “DERMS” refers to LE’s distributed energy resources management system d. “DER” refers to one or more behind-the-meter Distributed Energy Resources installed within the Project. Examples include but are not limited to EV chargers, battery energy storage systems (BESS), Heat Pump Water Heaters (HPHWH), Smart Thermostats, Zone Control Sensors, HAN/NILMS, lighting controls, variable frequency devices. e. "Fully Operational” refers to all the following occurring: (1) the DER has been completely installed at the Site; and (2) the Participant has received utility’s permission to operate the DER; and (3) LE has verified that the participating DERs are successfully connected to LE’s Green District.
f. “LE” refers to Lancaster Energy or its contractors, subcontractors or agents g.“LE Agreement Funding” has the meaning set forth in Section 12.b h. “LE Authorized Designee” refers to a vendor that has been approved by LE or its Green District Pilot Implementer to work in the Green District Pilot and is identified on the Cover Page i. “M&V” refers to measurement and verification
j. “Participant” has the meaning set forth on the Cover Page k. “Party” (individually) or “Parties” (collectively) refers to LE and Participant l.“Personally Identifiable Information” refers to any information that relates to an identified or identifiable individual, including, but not limited to, an individual’s name, address, telephone number, email address, or as otherwise recognized as “personal information,” “personal data,” or “personally identifiable information” in accordance with applicable laws and regulations m. “Project” refers to the design, engineering and installation of the DER pursuant to the terms of this Agreement as described in Section E. of the Cover Page n. “Project Developer” refers to an LE-authorized installer of the DER and can be an LE Authorized Designee
o. “Qualifying DER” refers to a DER supplied by an LE Authorized Designee that is capable of being controlled by LE’s DERMS
p. “Site” refers to the site (or sites) where the DER will be located q. “Tariff” or “Green District Tariff” refers to the LE Green District Tariff (GDT) applicable to Participants of the Green District Pilot

3. Agreement Eligibility. Participants must, for the Term of the Agreement: (i) be and remain an active LE customer and (ii) meet and maintain all Agreement requirements herein and those listed in the Green District Tariff.

4. Authorization. Participant must be authorized to approve the installation of a DER, including any necessary modifications to the electrical system, either: (i) as the legal Site owner; (ii) as the duly authorized representative of the Site owner; or (iii) with prior, written authorization and approval from the legal owner of the Site.

5. Ownership. The Green District Pilot Program policy regarding ownership of the installed DERs and related equipment is designed to be flexible, and it offers Participants multiple options for ownership. a. Option A- The installed DERS and related equipment are owned by the City of Lancaster, or an Authorized Representative of the City of Lancaster, who will be responsible all applicable warranty, operations, and maintenance requirements to enable optimization of the DER for site and LE benefit. Under this option, the City of Lancaster will provide a comprehensive “turnkey” solution, and offer Participants standard Lease or Power Purchase Agreement Terms, which are clear and transparent
b. Option B- The installed DERs and related equipment are owned by the Participants. While standard customer service and support will be provided under this option to assist with periodic maintenance and/or troubleshooting, the Participants who chooses to own the installed DERs and related equipment is responsible for maintaining the system in good working order for the duration of the Green District Pilot Agreement.
c. Option C- The installed DERs and related equipment are owned by a disclosed third-party, who will be responsible all applicable warranty, operations, and maintenance requirements to enable optimization of the DER for site and LE benefit. The requested information on the third-party DER owner must be disclosed upon execution of the Green District Pilot Agreement. All changes in ownership during the term of the Agreement must be submitted to, reviewed, and approved in writing by LE in advance of ownership transfer.
i.If the site has a solar photovoltaic, or other DER equipment or systems owned by a person or entity other than the Participant, LE must be notified immediately. LE does not anticipate that its control of the DER will interfere with the operation of the solar panel system or impact the terms of any agreement with the third-party owner of the solar panel system (i.e., a lease, prepaid lease, or power purchase agreement).

1.Important Note- LE does not guarantee that this Agreement does not conflict with any agreement with a third-party owner of the solar panel system and takes no responsibility or liability for any such conflict. Participant is solely responsible for confirming the terms of any agreement with the third-party owner of the solar panel system does not conflict with this Agreement and obtaining any required consent to this Agreement of the third-party owner of the solar panel system.

6. DER Requirements. Participant agrees to: (i) install a Fully Operational Qualifying DER with equipment and/or software using an LE Authorized Designee (ii) provide the DER with continuous access to a functioning broadband internet connection with a speed of at least 1 Mbps with one (1) wired Ethernet port (preferred), a wireless Internet connection and standard electrical outlet, or its own mobile data connection.

7. DER Operations. Participant agrees to operate and maintain the DER and all associated equipment in accordance with the rules, stipulations and restrictions of all manufacturer requirements and warranties as well as all State and local codes and regulations. Information on Operation and maintenance requirements of the DER and must be arrange for, and the documents and provisions of operations and maintenance services on the DER shall be produced to LE in the form of operation and maintenance agreements or other relevant agreements. In situations where LE or its LE Authorized Designee are acted as equipment owner and O&M provider; such terms will be provided to the Site host. Except for any required shutdowns for safety or maintenance, O&M agreements must ensure that the solar panel system is operated and maintained such that it is generating at its expected capacity (as per manufacturer’s projections) during the Term.

8. No Modification of DER. Participant may not modify, disconnect, or uninstall the DER equipment and/or software during the Term, unless required for maintenance, repair, or safety reasons and Participant has provided advance notice to LE (if possible, due to safety considerations), after which the DER must be restored to original condition, connection, and specifications. Participant must notify LE immediately if there have been any modifications to the DER equipment and/or software by any person or entity, or if there has been any damage to or removal of the DER. Notwithstanding the foregoing, manufacturer-recommended software upgrades are permitted without needing to notify LE, so long as such upgrades do not impact LE’s ability to monitor and control the DER.

9. Site Access and Inspections. Participant agrees to allow LE, and/or LE Authorized Designee, access to the Site during reasonable hours and upon reasonable notice during the Term to: (i) specify, install, operate, maintain, repair and remove equipment used to measure Project-related kW Usage; (ii) perform Agreement related audits; and (iii) perform Agreement-related inspections. LE Authorized Designee may conduct a Site inspection during installation or after installation is complete. If the LE Authorized Designee determines that the DER was not installed in a manner consistent with the approved Project or within the provisions of this Agreement, or Participant has taken measures that counter the Agreement’s goals such as going off-grid or removing the DER from Site, LE may, at its sole discretion, require immediate repayment of the LE Agreement Funding and/or eliminate future LE Agreement Funding. LE Authorized Designees may perform up to two (2) inspections per year during the Term.

10. Measurement and Verification Equipment. LE Authorized Designee will develop an M&V plan for the purpose of measuring DER performance and subsequent energy savings from deployed use cases subject to the limitations of the Tariff, on an ongoing basis for the Term of this Agreement. Participant agrees: (i) to allow LE and/or LE Authorized Designee to install M&V equipment; and (ii) to allow for such equipment to remain in place and functional for the entire Term of this Agreement; and (iii) not to remove, modify, or tamper with installed M&V equipment. LE may modify the M&V conditions in the Tariff from time to time in its sole discretion.

11. Project Installation. DER Deployments the Project must be developed and installed by an LE Authorized Designees. Participant is responsible for negotiating an installation contract with the Project Developer or LE Authorized Designee, monitoring the work, and managing and resolving any disputes that may arise between Participant and Project Developer or LE Authorized Designee with respect to the contract or the work performed under the contract. Participant shall require its Project Developer or LE Authorized Designee to install the DER in accordance with all applicable federal, California State and local law. For assets not owned by LE, LE does not guarantee or warranty, and is not responsible for, any acts or omissions of any Project Developer or LE Authorized Designee.

12. Available Funding.
a. SGIP Incentives. Eligible Participants or Project Developer may apply for incentives from SCE’s Self-Generation Incentive Program (SGIP). SGIP is a CA State-funded Program that provides financial incentives for installing on-site electrical generation and storage systems. Eligibility and receipt of SGIP incentives is solely determined by the SGIP program administrator. b. Tax Credits. Project costs may be supplemented by clean tax credits c. LE Agreement Funding. Participant understands and agrees that their eligibility to receive any LE Agreement Funding, if applicable, or the eligibility of LE Authorized Designee or its Subcontractor to receive any LE Agreement Funding, if applicable, requires compliance with the terms and conditions of this Agreement for the full Term. LE Agreement Funding includes all amounts provided to Participant from this Section 12 b. pursuant to this Agreement. Pursuant to Section 14, LE may require repayment of DER Gap funding, PV Gap funding, and/or Lancaster Advanced Energy Community Grant Funding on a pro-rated basis:
i. DER Gap Funding as set forth on the Cover Page to cover some of the DER costs not covered by SGIP and other incentives, depending on SGIP eligibility rules and final award of funds and determined on a case-by-case basis. Gap Funding is provided in return for integration with the LE DERMS.
ii. Solar Photovoltaic (PV) Gap Funding Participants may be eligible for additional LE Agreement Funding as indicated on the Cover Page for installing a Solar PV with GRID Alternatives, or other LE Authorized Designee.
iii. Lancaster Advanced Energy Community Grant Funding as set forth on the Cover Page to cover a portion of the DER costs not covered by SGIP, LE Gap Funding and other applicable incentives, depending on SGIP eligibility rules and final award of funds, and determined on a case-by-case basis.
iv. DER Management & Control Payments: Participants are eligible to receive a monthly bill credit as defined in the Tariff and pursuant to the applicable Worksheet A or B, attached. Non-Residential Participants are eligible for an additional Program Year True- Up Payment as defined in the Tariff and Worksheet B paid annually once Fully Operational. LE reserves the right to change the Tariff at any time for any reason. d. Cap on Total Funding. The combined total of LE Agreement Funding and any other incentives (including, but not limited to SGIP incentives and Investment Tax Credit, if applicable) received for the Project shall not exceed the Total Eligible Project Costs, as defined in the current SGIP Handbook. If Participant is not receiving SGIP Incentives, the total of LE Agreement Funding and any other incentives cannot exceed 100% of the DER costs.

13. Term. Standard terms are 5 years for residential sites and 7 years for non-residential sites. Term end date will be 5 or 7 years, as indicated based on the Cover Page, from the latter of (1) Participant receives utility’s permission to operate the DER, if applicable and (2) DERMS software platform is installed and enabling LE to monitor and control the DER. For clarity, the Term Start Date is the date Participant signs this Agreement.

14. Early Termination. If LE terminates this Agreement pursuant to the terms set forth in Section 15, or if Participant terminates this Agreement prior to the end of the Term, LE may, at its sole discretion, require immediate repayment of the LE Agreement Funding. Upon termination, all monthly bill credits and any applicable Program True-Up Payment will terminate.

15. Breach of the Agreement. If Participant does any of the following, it shall constitute a material breach of this Agreement by Participant (“Breach”): (a) Participant opts out of LE service; (b) Participant abandons the Site, or for any reason other than selling, leasing or renting the Site to another LE customer, terminates service with LE; (c) Participant modifies, removes, disconnects, decommissions, fails to properly maintain or operate the DER or has the DER interconnection agreement revoked for any reason; (d) the DER is destroyed or damaged other than as a result of the negligence of LE; or (e) the DER is not installed by the Installation Deadline set forth on the Cover Page. In the event of a Breach that has not been resolved by Participant within ten (10) days of such Breach, LE shall have the right to terminate this Agreement and LE may, at its sole discretion, require immediate repayment of the LE Agreement Funding and/or eliminate future LE Agreement Funding.

16. Command and Control of the DER. As a condition of participating in the Agreement and receiving any Agreement Funding, Participants must allow LE to monitor and control the DER for the Term of this Agreement.
a. LE Control. Participant agrees LE will be the sole entity controlling and dispatching the DER for the Term and agrees not to allow any other person or entity to control DERs interconnected at this Site.
b. Dispatching DER. LE will dispatch the DER at its discretion subject to the limitations defined in the Tariff and as applicable, the requirements of the California Independent System Operator (“CAISO”) Open Access Transmission Tariff (“OATT”).
c. Access to DER Data. Participants agree to provide access to the DER telemetry and usage data for the Term of this Agreement. Such data includes, but is not be limited to information regarding how frequently the DER operates, charges and discharges, the timing and amount of such operation, and may include data relating to the solar panel system production or Site’s energy usage (hereinafter, collectively referred to as the “Data”). Participants consent to LE’s collection, processing, use, and retention for its own purposes of any Data in de-identified and aggregated form, including Data collected under this Agreement, or derived from participation in this Agreement. Participants acknowledge, agree and, to the extent necessary or appropriate as determined in LE’s sole discretion, provide consent to LE for LE to obtain such Data in de- identified and aggregated form. Without limiting the generality of the foregoing, LE will not disclose Data without the consent of Participant, except in the following circumstances: (1) to LE’s agents, independent contractors and subcontractors as necessary in connection with LE’s performance under the Agreement; (2) where the Data does not contain Personally Identifiable Information (including where Data has been de-identified or aggregated); (3) if LE is required to do so by any law or regulation or in the good-faith belief that such action is necessary to comply with any law, regulation, order or other legal process; (4) if LE believes, in good faith, disclosure is appropriate or necessary to (A) take precautions against liability, (B) protect LE or others from fraudulent, abusive, or unlawful uses or activity, (C) investigate or defend against any third-party claims or allegations or (D) protect the security or integrity of LE’s services and any facilities or equipment used to make LE’s service available.
d. CAISO Participation. LE, at its sole discretion and without requiring any additional approvals from or notice to Participant, may enroll or disenroll the DER in any program, product, or market (including any distributed energy resource aggregation) under the CAISO OATT. LE shall be entitled to all revenue received from the DER’s participation in such program, product, or market.

17. Indemnification. LE shall have no liability for any claims arising from work performed by Project Developer or LE Authorized Designee, including, but not limited to, damage to the Site, the DER or any persons or property at or about the Site, or the performance of the DER. LE shall have no liability for any claims or damages caused by the DER, including, but not limited to, any defects therein. Participant hereby releases LE from any claims or liabilities relating to the installation of the Project. To the fullest extent permitted by applicable law, Participant shall indemnify, defend, and hold LE and its employees, officers, directors, authorized designees, and agents, harmless from and against any and all actions, claims, liabilities, losses, costs, damages, and expenses (including, but not limited to, litigation costs, attorney’s fees and costs, physical damage to or loss of tangible property, and injury or death of any person) arising out of, resulting from, or in connection with the Agreement by any actual or alleged act or omission of Participant, Project Developer, LE Authorized Designee, or any subcontractor, agent, or third party, or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable.

18. LIMIT OF LIABILITY. LE AND PARTICIPANT WAIVE ANY AND ALL CLAIMS AGAINST EACH OTHER FOR

INCIDENTAL, CONSEQUENTIAL, SPECIAL, MULTIPLE, AND PUNITIVE DAMAGES ARISING OUT OF OR RELATING

TO THIS AGREEMENT, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE CULPABLE PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LE’S TOTAL AGGREGATE

LIABILITY TO PARTICIPANT UNDER THIS AGREEMENT ON ALL CLAIMS OF ANY KIND ARISING OUT OF OR IN ANY

WAY RELATED TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, ERRORS, OMISSIONS,

STRICT LIABILITY, INDEMNITY, OR BREACH OF CONTRACT, IS LIMITED TO THE LE AGREEMENT FUNDING PAID TO PARTICIPANT UNDER THIS AGREEMENT.

19. No Warranty. LE DOES NOT WARRANT OR GUARANTEE (1) THE AMOUNT OF ENERGY PRODUCED BY THE DER FOR ANY PERIOD, (2) ANY COST SAVINGS, OR (3) THE EXISTENCE OF OR PRICING ASSOCIATED WITH ANY NET METERING AGREEMENT, OR UTILITY OR GOVERNMENT INCENTIVE AGREEMENT. CUSTOMER LOAD, ELECTRICITY RATES AND RATE STRUCTURES ARE SUBJECT TO CHANGE. PROJECTED SAVINGS FROM THE DER ARE THEREFORE SUBJECT TO CHANGE. TAX INCENTIVES ARE SUBJECT TO CHANGE OR TERMINATION BY EXECUTIVE, LEGISLATIVE OR REGULATORY ACTION.

20. Removal of Equipment. Participant agrees to remove and dispose of any batteries and/or equipment being replaced by the DER in accordance with all laws, rules, codes and regulations. Participant agrees not to reinstall the DER anywhere in California or transfer it to any other party for installation in California for the Term of the Agreement.

21. Miscellaneous.
a. Agreement/Terms and Conditions Changes. The Green District Pilot may be modified, suspended or terminated by LE at any time, without prior notice. In the event of termination of this Green District Pilot, LE or its Authorized Designees shall be granted immediate access to the Site in order to remove M&V Equipment.
b. Taxes. Participant shall be responsible for the payment of any and all taxes associated with the Project or incurred as a result of the SGIP incentives, Monthly Bill Credits, Program Year True-Up Payment, or any LE Agreement Funding.
c. Insurance. Participant has and agrees to maintain during the entire Term customary property and liability insurance with respect to the Site, including sufficient coverage for any damage to the Solar Panel System and/or the DER.
d. Use of Non-Usage Data. Participant agrees to allow LE and its authorized contractors and agents to use Participant’s name, Site location, size of DER installed, and any other information gathered as part of participating in the Agreement (“Non-Usage Data”) for use in regulatory and grant reporting, ordinary business use, industry forums, case studies or other activities deemed necessary to LE.
e. Acknowledgment. Participant agrees to have LE designed stickers containing LE's logo and/or the generation service (i.e., Light Green, Deep Green, Local Sol) placed on the installed DER. The applicable stickers will be provided by LE and Participant authorizes LE and/or its LE Authorized Designee to place such stickers on the installed DER.
f. Amendment. This Agreement may not be amended without the mutual, written agreement of both Parties.
g. Assignment. This Agreement may not be assigned by either LE or Participant without the prior written consent of the other party, not to be unreasonably withheld, conditioned, or delayed.

Subject to thirty (30) days prior written notice, Participant may assign this Agreement if the new Site owner or lessee enters into a written assignment and assumption agreement assuming all the obligations of Participant prior to the transfer of Site ownership or control. h. Jurisdiction and Venue. This Agreement shall be construed in accordance with the laws of the State of California and the Parties hereto agree that venue shall be in Los Angeles County, California.
i. Survival. The following sections will survive the termination of this Agreement: 11, 15, 17-20. j. Severability. In the event any provision in this Agreement is found to be legally invalid or unenforceable, that provision will be revised to the degree allowed by law to give it the maximum effect allowed by law, or, if revision is not possible, will be severed and the remaining provisions of this Agreement will remain in full force and effect.

Worksheet A
LE Green District – Performance Payment Disclosure
This Worksheet is only to be completed by an LE Authorized Designee who is authorized to provide services relating to LE’s Green District Pilot.

First Year CMAP and Program Year True-up Payment
Estimated Total Annual kWh of Load Shift: a.

Estimated Total Annual Performance Payment - multiply Line a. by 0.11: b.

First year’s CMAP* - multiply Line b. by 0.33 and divide by twelve: c.

Program Year True-Up Payment - Calculation Below
Program Year Verified Total Annual kWh of Load Shift**: d.

First Year Annual Performance Payment - multiply Line d. by $0.11: e.

Number of program participation months this program year (Jan.1st to Dec. 31st): f.

Total annual CMAP - multiply Line c. by line f.: g.

Program Year True-Up Payment - subtract line g. from Line e: h.

After First Year CMAP and Program Year Annual Performance Payments Total Delivered Annual kWh of Load Shift in previous year (verified kWh from Line d.): i.

Estimated Annual Performance Payment - multiply Line i. by 0.11: j.

After First Year CMAP* - multiply Line j. by 0.5 and divide by twelve: k.

Program Year True-Up Payment - Calculation Below
Program Year verified total annual kWh of Load Shift**: l.

After First Year Annual performance payment - multiply Line l. by $0.11: m.

Number of program participation months this year (Jan.1st to Dec. 31st): n.

Total annual CMAP - multiply Line k. by line n.: o.

Program Year True-up Performance Payment - subtract Line o. from Line m.: p. ***All calculations are done pursuant to LE’s M&V plan for the Green District Pilot, which may be updated from time to time by LE. *Maximum monthly CMAP $500 for customers on a commercial rate schedule. Maximum monthly CMAP $1000 for customers on an industrial rate schedule. **Total kWh of measured load shift delivered to the LE Green District Pilot during each Program Year (January 1 st to December 31 st) will be verified by LE and its program partners at the conclusion of each program year using the LE approved Measurement and Verification methodology, which will be independently validated through third-party audit. The Program Year True-Up Payment will be delivered to participating customers no later than March 31st of each applicable program year. *Maximum monthly CMAP $500 for customers on a commercial rate schedule. Maximum monthly CMAP $1000 for customers on an industrial rate schedule. **Total kWh of measured load shift delivered to the LE Green District Pilot during each Program Year (January 1 st to December 31st) will be verified by LE and its program partners at the conclusion of each program year using the LE approved Measurement and Verification methodology, which will be independently validated through third-party audit. The Program Year True-Up Payment will be delivered to participating customers no later than March 31 st of each applicable program year.

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