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8.A. - Page 29 <br /> Facilities (each a "Meter", collectively"Meters")to measure the actual amount of <br /> electricity supplied to the City by the Solar Facilities on a continuous basis. Meters <br /> shall be installed and maintained at Seller's sole expense and shall be located <br /> within no more than ten (10)feet from the point of delivery. <br /> (ii) Meter Testing. Seller shall arrange for all Meters to be tested once per year, at <br /> least three (3) months prior to the end of City's fiscal year. The tests shall be <br /> conducted by independent third Parties who are qualified to conduct such <br /> tests. Seller shall bear all costs and expenses associated with annual Meter <br /> testing. City shall be notified ten (10)days in advance of such tests and shall have <br /> a right to be present during such tests. Seller shall provide City with the detailed <br /> results of all Meter tests. <br /> In addition, the Meters shall be inspected and tested for accuracy at such other <br /> times as City may reasonably request, but in no event more than once every six <br /> (6) month period. City shall bear the cost of the additionally requested Meter <br /> testing, unless such test shows that a Meter was inaccurate by more than two <br /> percent (2%), in which case the Seller shall bear the Meter testing costs. <br /> (iii)Cost of Meter Repair. If the Meter testing demonstrates that a Meter was <br /> operating outside of its allowable calibration (+1- 2%), then the Seller will pay for <br /> the cost of the repairs, or replacement, necessary to restore a Meter to proper <br /> working order. If a Meter is found to be inaccurate by more than two percent <br /> (2%), Invoices from the prior six (6) months, or from the last time such Meter was <br /> registering accurately, whichever is less, shall be adjusted in accordance with <br /> Section 7, except that City shall not be obligated to pay interest on any amount <br /> found to be due because Meter was operating outside of its allowable calibration <br /> (+/- 2%). Seller shall submit any request for an adjustment in a fiscal year to City <br /> no later than two (2) months prior to the end of City's fiscal year on June 30, and <br /> City shall not be obligated to pay any adjustment for a prior fiscal year that was <br /> not submitted to City within two months of the end of such prior fiscal year on <br /> June 30. City may withhold payments to Seller if a Meter has registered <br /> production in excess of 2% of the Output delivered to City and Seller fails to <br /> provide City with the appropriate payment pursuant to Section 7 for the amount <br /> which the City overpaid to Seller as a result of the Meter miscalibration. <br /> (iv) Meter Data. Seller shall gather and maintain the data from a Meter, including but <br /> not limited to interval data registered at least once every fifteen (15) minutes(the <br /> "Meter Data") and shall make such Meter Data available to City or maintain the <br /> Meter Data such that the City can access the Meter Data remotely through a <br /> secure internet site or such other remote access as the Parties mutually agree to. <br /> (v) Meter Data Audit. City shall have the right to audit the Invoices and/or the Meter <br /> Data once per calendar year per Solar Facilities. If the audit reveals that City has <br /> A77Y/AGR/2015.012/POWER PURCHASE AGREEMENT-CO SOLAR ONE LLC <br /> REV.01-21-15 MLG <br /> Page 21 of 55 <br />