Energy Storage Shared Savings Agreement

Want to offer commercial customers battery storage with no upfront cost? A shared savings structure lets you own the equipment, keep the tax credits and get paid from the energy savings you deliver.

This Energy Storage Shared Savings Agreement is for a third-party storage provider that installs, owns and maintains a stand-alone energy storage system, with optional electrification equipment, at a commercial customer's site. The customer pays an annual storage services fee backed by a guaranteed level of energy and cost savings, and has an option to buy the equipment at fair market value at set points in the term.

The template includes:

• An energy and cost savings guarantee with annual reconciliation and savings reports
• Provider ownership of the equipment, incentives and environmental attributes, with a clause on claiming the federal storage investment tax credit
• Customer purchase options at fair market value
• Site access, maintenance, insurance and financing provisions that protect the equipment owner and its lenders
• Change-in-law, default, termination and equipment removal terms

It's built for storage developers, energy-as-a-service providers and contractors offering third-party-owned storage to businesses.

Drafted by clean energy attorneys with 20+ years of experience.

Related documents:

• Selling the system outright instead? See the Commercial Solar-Plus-Storage System Installation Agreement.
• Offering a mix of storage, renewables and software? See the Cleantech Energy Equipment & Services Agreement.