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a. Average retail utility energy rate. <br />• Facilities capacity must be less than 40 kW. <br />b. Simultaneous purchase and sale billing rate. <br />• Facilities capacity must be less than 40 kW. <br />c. Roll-over credits. <br />• Facilities capacity must be less than 40 kW. <br />d. Time -of -day purchase rates. <br />• Facilities capacity must be 40 kW or more and less than or equal to 100 kW. <br />A copy of the presently approved rate schedule is attached to this contract. <br />3. The rates for sales and purchases of electricity may change over the time this <br />contract is in force, due to actions of the Utility or the State of Minnesota, and the <br />Customer and the Utility agree that sales and purchases will be made under the <br />rates in effect each month during the time this contract is in force. <br />4. The Utility will compute the charges and payments for purchases and sales for <br />each billing period. Any net credit to the Customer, other than kilowatt-hour credits <br />under clause 2(c), will be made under one of the following options as chosen by the <br />Customer. <br />a. Credit to the Customer's account with the Utility. <br />b. Paid by check or electronic payment service to the Customer within fifteen <br />(15) days of the billing date. <br />5. Renewable energy credits associated with generation from the facility are owned <br />by: <br />6. The Customer must operate their electric generating facilities within any rules, <br />regulations, and policies adopted by the Utility not prohibited by the rules governing <br />cogeneration and small power production facilities on the Utility's system which <br />provide reasonable technical connection and operating specifications for the <br />facilities and are consistent with the Minnesota Public Utilities Commission's rules <br />adopted under Minnesota Statutes §216B.164, subdivision 6. <br />7. The Customer will not enter into an arrangement whereby electricity from the <br />generating facilities will be sold to an end user in violation of the Utility's exclusive <br />right to provide electric service in its service area under Minnesota Statutes, Section <br />216 B .37-44. <br />2 <br />58 <br />