Agmt14 Green Charge Networks, LLC Power Efficiency Agreement

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4 . amount that is mutually agreeable to the Parties at the time of such Operational Change for a period ending on the earlier to occur of(i)the third anniversary of the date of this Agreement; or (ii) Host's usage of electrical energy increases to a level such that an Operational Change is no longer occurring. 53 Environmental Attributes. Host's purchase of Power Efficiency Service pursuant ' to this Agreement does not include any entitlement to Environmental Attributes, taac benefits or other attributes of ownership of the System. All Environmental Attributes shall be retained by Owner, and may be used or disposed of by Owner in its sole discretion. For the purposes hereof, the term "Environmental Attributes" means any and all marketable environmental attributes or renewable energy credits, including but not limited to, carbon trading credits, renewable energy credits or certificates, emissions reduction credits, emissions allowances, green tags and tradable renewable credits, provided that in no event will the foregoing sever, erode or affect Host's right, title and interest in and to the Premi$es. 5.4 Risk of Loss. As between the Parties, Owner shall be deemed to have exclusive control (and shall be responsible for any property damage or injuries caused thereby) of the System and the electricity generated up to and including the point at which the System is interconnected to the customer meter. Owner shall bear all risk of loss or damage to the System whatsoever, except to the extent resulting from the willful misconduct or gross negligence of Host (to the extent not otherwise covered by Owner's insurance). Owner shall be required to carry casualty and property insurance sufficient to protect Owner's interest in the System, as provided by Section 15 below. 5.5 ISO Markets & Demand Response Pro r�. Upon mutual agreement, Owner may secure additional revenue streams for both Host and Owner, and Owner may aggregate the System and the electrical energy stored in the System with other customers of Owner that have similar systems in order to allow Owner to operate as a participating generator for an Independent System Operator ("ISO"). As a participating generator to an ISO, Owner would be able to provide transmission and ancillary services to the electrical power system for a fee. Similarly, Host will cooperate with Owner to enter into any "Demand Response Programs using the battery storage" that Owner believes may generate additional savings or revenue to Host. Any revenue generated from Owner's operation as a participating generator to an ISO, or from entering into any Demand Response Programs will be split between Host and Owner at an agreed upon percentage. 6. OPERATIONS AND MAINTENANCE. 6.1 O&M Services. Owner shall be responsible for performing, or causing to be performed, all operation, repair, maintenance and monitoring services for the System during the Term.At all times, Owner shall promptly provide Host with all information reasonably requested relating to the operation, use, or any other matter relating to the System, subject, however, to any confidentiality requirements set forth herein. Owner shall be permitted, upon mutual agreement, to re-baseline, recalibrate and otherwise make modifications to the System, including, but not limited to, adding modular components such as additional batteries or inverters. Notwithstanding the foregoing and anything in this Agreement to the contrary, all damage or ATTY/AGR/2014.021/POWER EFFICIENCY CHARGING SITE REV:02-24-14 MLG Page�of 21