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Agricultural Solar Energy Power
Purchase Agreements (PPAs)
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1. Host:
Entity in control of the host site (i.e., the customer). |
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2. Provider:
PPA Provider. |
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3. Installation:
The Provider shall contract with Hannah Solar for
installation services. |
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4. Site:
Physical location of photovoltaic (PV) solar electric
system. |
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5. System:
A PV electric-generating system with a capacity and
design to be selected by Provider with the intent of
maximizing long-term output and conformance with the
existing conditions of the Site, with an expected
capacity of [xxx] kWdc. |
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6. Effective Date:
As agreed to by the Host and the Provider. |
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7. Term:
Between 6-25 years: Beginning on the Effective Date,
with the option for renewal terms. |
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8. Energy Services:
System Owner will sell all solar electricity ("Output")
from the System to the Host. |
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9. Maintenance and
Operations:
Provider will be responsible for all ongoing maintenance
and operations of the System during the designated Term. |
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10. Exclusivity:
Provider shall have the first right of refusal for
additional solar projects with the Host. |
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11. Building Electrical
System:
Host will be responsible for all upkeep and
maintenance on the existing electrical system serving
any existing structures or buildings on premises, which
is not part of the System. |
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12. Non-Exclusive
Easement:
Host shall grant Provider a non-exclusive easement
and right to access the Site for the purposes of
providing the Energy Services. |
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13. Quiet Enjoyment:
Host shall acknowledge and agree that it is not the
owner of the System and shall defend Provider from any
claims by a third party. |
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14. Power Purchase
Price:
Host shall purchase and pay for all of the Output at
a price of x cents/kWh in the first year of the Term,
escalated by x% annually in each subsequent year of the
Term. |
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15. Environmental
Credits:
Provider shall retain ownership of all federal,
state and local renewable energy or emission credits. |
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16. Purchase Option:
Host shall have the option to purchase the System
upon expiration of the Term for fair market value, as
agreed to by the parties, or— in the absence of such
agreement—by third party appraisal. |
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17. Termination and
Removal:
At the end of the Term and any extensions thereto,
Provider shall have the right to remove the System if
Host does not purchase the System. Accordingly, Provider
must remove the System at the end of the Term and any
extensions thereto if requested, in writing, by the
Host. |
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18. Insurance and Mutual
Provider shall maintain all risk insurance
(including general liability insurance) for the System,
covering damage from the System, naming the Host as
additional insured. The Host shall maintain insurance on
the System, naming Provider as an additional insured
party, in the event that damage is done to the System by
the Host or its Agents (to include employees, tenants,
service providers, invitees, and any party not
authorized by the Provider). |
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18. Indemnification:
Host shall pay Provider for any repairs or loss to
the System caused by Host or its Agents. |
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19. Loss:
Provider shall warrant the System to be in good
working order and to produce adequate performance during
the Term. |
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20. Limited Warranty:
Host shall not assign its interest in the Agreement
without written consent of Provider, and such consent is
not to be unreasonably postponed or withheld. |
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21. Assignment:
Provider may assign its interest in the Agreement
without consent from Host. |
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22. Conditions:
The Agreement will be conditional on all necessary
governmental approvals and financial underwriting (i.e.,
creditworthiness, interconnection, net-metering, etc.). |
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23. Force Majeure:
Neither party shall be considered in default of its
obligations under the Agreement to the extent that such
performance is determined to be caused by circumstances
beyond its reasonable control. |
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24. System Purchase:
In the x year of the Term, the Host (customer) will
have an option to purchase the System at a negotiated
price mutually agreed upon by both the Provider and the
Host. |
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