Common use of System Output Clause in Contracts

System Output. (a) System Owner’s estimate of the Estimated Year One Output was prepared by or on behalf of System Owner using the National Renewable Energy Laboratory’s PVWatts program or otherwise using practices and methods generally accepted within the solar power industry with respect to solar systems similar to the System. (b) Customer acknowledges and agrees that: (i) the Output from the System will vary from time to time; (ii) System Owner provides no warranty or guarantee of any particular level of Output of the System; (iii) during any Utility billing period during the term of this Agreement, Customer’s Utility charges for the Customer Meters may exceed the Net Metering Credits attributable to Output of the System for such billing period (for example, if Customer’s electricity usage exceeds the Output of the System); (iv) Customer is solely responsible for paying any and all Utility charges in excess of the Net Metering Credits allocated to Customer; and (v) System Owner is not a utility or an electricity provider and does not assume any regulatory or statutory obligations of a utility or electricity provider. (c) In the event that the Output of the System during any period of twelve (12) consecutive monthly Utility billing periods (each, a “12-Month Period”) beginning after the Service Commencement Date exceeds the Estimated Year One Output (the “Excess Output”) and as a result of such Excess Output, the Net Metering Credit Value attributable to Output from the System that is allocated to Customer Meters for Utility billing periods during such 12-Month Period exceeds the Avoided Utility Costs for such Customer Meters for such period, such that Net Metering Credits attributable to such Excess Output expire for non-use (“Unused Credits”), then, to the extent such Unused Credits are attributable to Excess Output, the amount of the Service Price paid by Customer with respect to such Unused Credits, if any, shall be credited against the Service Price payable to the System Owner for future payment periods (“Excess Output Credit”) until such Excess Output Credit is exhausted. Upon the termination of this Agreement, the System Owner shall pay Customer the amount of any accrued but unused Excess Output Credit, if any, for 12-Month Periods ending prior to such termination, which payment shall be made within 45 days of the end of the Utility billing period during which such termination occurs. With respect to any 12-Month Period ending after the termination of this Agreement, any Excess Output Credit for such year shall be refunded by System Owner to Customer within 45 days of the end of the Utility billing period during which such 12-Month Period ends.