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8.A. - Page 27 <br /> (a) Prior to the execution of this Agreement, the Seller must comply with the insurance <br /> requirements for the construction phase included as Exhibit E (Insurance <br /> Requirements). Seller shall maintain such coverage throughout this phase. <br /> (b) Seller will cause each Facility to be designed, engineered, installed and constructed <br /> substantially in accordance with Exhibit B (Engineering and Construction <br /> Requirements)of this Agreement and Applicable Law, including but not limited to,the <br /> payment of Prevailing Wages, as applicable. All construction of a Facility, including <br /> but not limited to, any site preparation, landscaping or utility installation, shall be <br /> performed only by Seller or by independent contractors with demonstrated <br /> competence and experience in the construction of the photovoltaic systems, and duly <br /> licensed under the laws of the State of California, pursuant to written contracts with <br /> such contractors. Prior to the commencement of construction on a Facility,Seller shall <br /> deliver to Buyer for its review and approval,which approval shall not be unreasonably <br /> withheld, delayed, or conditioned, a complete set of plans and specifications relating <br /> to the installation of the Facility, which shall comply with all applicable uniform <br /> construction codes. Buyer shall be deemed to have approved such plans and <br /> specifications if Buyer fails to transmit notice of disapproval within the timeframe <br /> established in Schedule 8 [Project Site Milestones]. Buyer shall have the right, but not <br /> the obligation, to inspect all construction solely for the purpose of confirming that <br /> Seller is adhering to the specifications provided for in Exhibit B (Engineering and <br /> Construction Requirements)to this Agreement, provided that Buyer's inspections are <br /> done at a reasonable frequency and during reasonable dates and times. <br /> (c) Seller must comply with all requirements set forth in applicable building and electrical <br /> codes and Exhibit B (Engineering and Construction Requirements). <br /> 3.9 Parties' Rights to Terminate Prior to Commercial Operation <br /> (a) Buyer's Rights to Terminate: If Seller fails to complete the Preliminary Requirements <br /> in conformance with Section 3.7 with respect to a Facility, Buyer may terminate this <br /> Agreement as to the applicable Facility without penalty,liability or expense of any kind <br /> to Buyer by providing to Seller a written notice of termination after the deadline for <br /> completion of the Preliminary Requirements;provided,however that any such written <br /> notice of termination for non-compliance with Article 3.7, sections (a)(i) — (a)(v)shall <br /> be provided by Buyer to Seller prior to the Commencement of Work Date and any <br /> written notice of termination for non-compliance with Article 3.7 section (a)(vi) may <br /> be provided by Buyer after the Commencement of Work Date.The Buyer may extend <br /> deadlines at its option. If Buyer elects to terminate this Agreement pursuant to this <br /> Section 3.9(a) , Seller shall take all actions necessary to return the Project Site to the <br /> condition Seller first encountered them, at no cost to the Buyer. Buyer's right to <br /> terminate hereunder shall not be subject to the alternative dispute resolution <br /> procedures in Section 9.1. <br /> ATTY/AGR/2015.012/POWER PURCHASE AGREEMENT-CEI SOLAR ONE LLC <br /> REV:01-21-15 MLG <br /> Page 19 of 55 <br />