Community Solar III Purchase Form  

Participant Information: * Denotes required information 










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Flathead Electric Co-op Service Address for Account Number Above* 






Mailing Address





Payment (Please indicate your preferred method)




If you choose to have payments added to your electric bill, you will remain subject to the Co-op’s normal disconnect policies. If you remain disconnected for 30 days, your participation in the Community Solar project and any ownership interest will be terminated, with Flathead Electric being then entitled to retain your accrued payments as liquidated damages caused to the Co-op by such termination of your participation.

Participant Acknowledgements, Authorizations, and Warranties 

Participant expressly acknowledges, agrees to, authorizes, understands, and warrants as follows: 

Participation is open to all Flathead Electric Co-op members on a first come, first served basis. Participants must meet the Eligibility Requirements contained in Section 2 of the Terms and Conditions. 

Participant has full power and authority to sign this Agreement. 

Participant has not relied upon any information or advice from Flathead Electric Cooperative as to the prudence of Participant’s participation in the Project or whether or not the purchase of a (Solar Unit) will make Participant eligible for any other benefits including, but not limited to, tax credits, incentives, or benefits available from the State of Montana or any other governmental agency. Participant understands that any questions or concerns about available tax credits, tax benefits, tax liability, incentives, or any other attributes of Participant’s participation in the Project and Program, or any term or condition of this Agreement should be raised with Participant’s tax or legal advisers or the appropriate governmental agencies.   


Grant agreements require Flathead Electric Cooperative to maintain ownership of the solar panels. Therefore, Flathead Electric Cooperative will use the Federal Income Tax Credit associated with the panels to keep the project cost low. Participants will not be eligible for the same tax credit.

Participant has received a complete copy of the TERMS and CONDITIONS of Flathead Electric Cooperative’s Community Solar - Phase III. 

Participant has read, understands, accepts, and agrees to be bound by ALL TERMS and CONDITIONS of Flathead Electric Cooperative’s Community Solar - Phase III. 

Participant hereby releases and shall defend, indemnify, and hold harmless FEC, its successors and assigns, and the directors, officers, employees, and agents of FEC and its successors and assigns from any and all claims, losses, costs, liabilities, damages, and expenses (including, but not limited to, reasonable attorney fees) arising out of or in connection with any breach of this. 

Section 1. Definitions 

1.1 “Account” means a Flathead Electric Cooperative member electric service Account associated with a service address and metered service and Flathead Electric Cooperative Account number. 

1.2 “Electric Bill” means a bill from Flathead Electric Cooperative for electric service that is metered and billed for the Flathead Electric Cooperative Account number specified on the Application or a successor Account number determined in accordance with the terms of this Agreement. 

1.3 “Energy Credits” shall have the meaning set forth in Section 5. 

1.4 “Purchase Price” means the amount specified in Section 3 of this Agreement.  

1.5 “Project” means the solar photovoltaic electricity generating facilities being developed by Flathead Electric Cooperative at 825 Monegan Road, Whitefish. 

1.6 “Force Majeure” means any act of God, labor disturbance, act of the public enemy, war, act of terrorism, insurrection, riot, fire, storm or flood, explosion, breakage or accident to machinery or equipment, any order, regulation, or restriction imposed by governmental, military or lawfully established civilian authorities, or any other cause beyond Flathead Electric Cooperative’s control. A Force Majeure event does not include an act of negligence or intentional wrongdoing. 

1.7 “Participant” means the person specified as the purchaser on the Application and who has received notification of acceptance into the Project, or a successor Participant designated in accordance with Section 7.     

1.8 “Program” means the Community Solar Program operated by Flathead Electric Cooperative.  

1.9 “Service Address” means the real property located at the address specified on the Application or a successor Service Address specified in accordance with the terms of this Agreement.   

1.10 “Solar Unit” means the amount of electricity generated by a 580 watt portion of the Project. 

1.11 “Term” means the period not to extend beyond Future Date, 2054, during which, in the reasonable and sole determination of Flathead Electric Cooperative, the Project can continue to operate through the use of commercially reasonable efforts but without the necessity of significant additional capital expenditures, based upon projected costs, economics and other factors determined by Flathead Electric Cooperative to be relevant at that time.  Flathead Electric Cooperative’s exercise of such discretion shall bind all Participants.  

Section 2. Eligibility 

Only Flathead Electric Cooperative members with metered residential or general service accounts in good standing will be permitted to purchase Solar Units in the project. Non-metered and lighting accounts are not allowed to participate in the Program or Project. Flathead Electric Cooperative may terminate a Participant’s participation in the Project at any time if Flathead Electric Cooperative determines the Participant no longer meets the Eligibility Requirements contained in Section 2.  

Section 3. Purchase Price 


Participant agrees to a purchase price of $700 Dollars ($700.00) (Solar Unit).  

Section 4. Term 


Participation in the Project shall be effective upon confirmation of participation by Flathead Electric Cooperative and shall continue for the remainder of the Term, as defined in Section 1.11 above.  

Section 5. Calculation of the Energy Credits 

The value of the Energy Credits that the Participant is entitled to shall be calculated as follows: 

5.1 Energy Credits are based upon the pro rata share of the number of kilowatt-hours generated by the Participant’s Solar Unit(s) as measured and calculated by Flathead Electric Cooperative using metering installed for that purpose and read each month during the Term of the Project. 

5.2 The Energy Credits shall be applied as a reduction of the total kWh consumed by each participant each month.  

Section 6. Permissible Transfer of the Solar Unit Upon Termination of Participation 

The Energy Credits shall be applied throughout the Term to the Participant’s electric account at the Flathead Electric Cooperative account number and Service Address specified on the Application.  

6.1 If Participant terminates the Flathead Electric Cooperative Account to which Community Solar benefits have been assigned, all prospective rights and benefits associated with Participant’s Solar Units shall revert to Flathead Electric Cooperative, without payment, unless Participant notifies Flathead Electric Cooperative within sixty (60) days of such termination with a request to transfer the Solar Units to: 

6.1.1 The same Participant at a new Flathead Electric Cooperative Account; OR 

6.1.2 To a successor Participant with a distinct Flathead Electric Cooperative Account that meets eligibility requirements specified in Section 2. The successor Participant will receive all prospective rights and benefits associated with the assigned Solar Unit(s), including the Energy Credits, following the date of termination. A successor Participant may transfer their Solar Units under section 6.1.1 or to subsequent successor Participants under section 6.1.2. 

Section 7. No Other Transfer or Pledge of Solar Unit(s) 

Participants may NOT pledge the Solar Unit(s) as security for any loan. Except as expressly provided in section 6 above, Participant may not assign, gift, bequeath, or otherwise transfer any Solar Unit(s) to any other individual or entity.  

Section 8. Ownership of Environmental Attributes 

Flathead Electric Cooperative retains ownership of environmental attributes, including renewable energy credits associated with the Participant’s Solar Unit(s).  

Section 9. Disclaimer of Warranties  

Participant acknowledges that, except to the extent specifically stated herein, Flathead Electric Cooperative has NOT made any representation, warranty, or promise with respect to any aspect of the performance, condition, value, risks, or likelihood of success of the Project, Program, or the Solar Units(s) for which the Participant has applied herein. PARTICIPANT ACKNOWLEDGES AND AGREES THAT THE SOLAR UNIT(S) PURCHASED BY THE PARTICIPANT ARE MADE AVAILABLE AS IS, WHERE IS, AND WITHOUT WARRANTY OF ANY KIND. ANY WARRANTIES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE ARE HEREBY DISCLAIMED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR OTHERWISE.  

Section 10. No Effect on Electric Rates and Tariffs 

Nothing in this Agreement shall be deemed to alter or modify any rate, charge, or condition of service (including any policies, fees, charges, or assessments) established from time to time by Flathead Electric Cooperative for electric service. All such rates and charges shall remain subject to change at any time. Participant acknowledges and agrees that the Electric Bill to which Energy Credit is associated shall reflect those rates and charges established or changed from time to time by Flathead Electric Cooperative. Participation in the Program shall not give Participant any increased or augmented right to contest or otherwise affect the determination of any rates or charges by Flathead Electric Cooperative for electric services. 

Section 11. Operation and Control of the Project 

Participant understands and agrees that Participant’s acquisition of the Solar Unit in the Project pursuant to this Agreement does not give Participant any right to operate or control the Project or any portion of it. Flathead Electric Cooperative will have sole control of the Project and will have the exclusive right and discretion to maintain and operate such Project.  

Section 12. Access to Solar Equipment at the Project  

Participants will not have access to the solar electricity generating, interconnection, metering, data acquisition, or other related solar equipment at the Project for any purpose unless otherwise agreed to in writing in advance by Flathead Electric Cooperative. Such access may be withheld or granted at Flathead Electric Cooperative’s sole discretion.  

Section 13. No Refund of Purchase Price 

Participant understands that the purchase Price set forth above represents Flathead Electric’s best estimate of the initial construction cost of the Community Solar project and is not intended to provide a return on investment to the Cooperative. Flathead Electric Cooperative shall have no obligation to refund all or any portion of the Purchase Price at any time or for any reason. 

Section 14. Notice 

Except for Flathead Electric Cooperative's confirmation of participation to Purchaser by email, all notices, requests, consents, and other communications under this Agreement will be in writing to the mailing address for Flathead Electric Cooperative set forth below. The Participant’s Service Address is set forth above unless Participant provides a different mailing address in the application portion of this Agreement. 

Section 15. Binding Effect 

This Agreement shall bind and insure to the benefit of the Participant and Flathead Electric Cooperative and their permitted successors and assigns. 

Section 16. No Third-Party Beneficiaries 

This Agreement is intended solely for the benefit of the Participant and Flathead Electric Cooperative. Nothing in this Agreement shall be construed to create any duty to, or standard of care with reference to, or any liability to, any person or business entity not a party to this Agreement. 

Section 17. No Waiver 

Neither the Participant’s nor Flathead Electric Cooperative’s failure to enforce any right or obligation with respect to any matter arising in connection with this Agreement shall constitute a waiver as to that matter or any other matter. If a party at any time waives its rights with respect to a default under this Agreement or any other matters arising in connection with this Agreement, the waiver shall not be effective unless it is set forth in a written notice signed by the waiving party. A waiver with respect to one default or matter shall not be a waiver of any other default or matter. 

Section 18. Governing Law/Jurisdiction/Venue 


This Agreement shall be deemed to have been made in and shall be construed under, the internal laws of the State of Montana without regard to the principles of conflicts of laws thereof. The parties acknowledge and agree that a court of competent jurisdiction located in Flathead County, Montana, shall have exclusive jurisdiction in any action or proceeding arising under or relating to this Agreement.  


Section 19. Entire Agreement 

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. It supersedes all previous proposals, both oral and written, negotiations, representations, commitments, writings, and all other communications between the parties. This Agreement may not be released, discharged, or modified except by an instrument in writing signed by a duly authorized representative of each of the parties.  


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