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8.A. - Page 35 <br /> ARTICLE 7: SELLER'S ADDITIONAL OBLIGATIONS <br /> 7.1 Seller shall provide Buyer with an as-built plan set after Facility completion. <br /> 7.2 Seller shall develop, finance, own, maintain and operate the Generating Facilities in <br /> accordance with this Agreement including the technical requirements set forth in Exhibits <br /> A [Technical and Warranty Requirements] and B [Engineering and Construction <br /> Requirements], access rights to the Project Sites,all Requirements of Law, all Permits,the <br /> Local Electric Utility Tariffs and Prudent Industry Practice. Additionally, Seller shall obtain <br /> the warranties described in Exhibit A [Technical and Warranty Requirements] for the <br /> equipment detailed therein. <br /> 7.3 Seller agrees to pay Prevailing Wages in connection with the construction and operation <br /> of the Generation Facilities. This agreement is subject to compliance with the prevailing <br /> wage provisions of the California Labor Code and the prevailing wage rate determinations <br /> of the department of industrial relations. These may be obtained online at <br /> http//www.dir.ca.gov/dlsr. A copy of these rates shall be posted at the job site. Seller <br /> and all contractors and subcontractor(s) under it, shall comply with all applicable labor <br /> code provisions, which include, but are not limited to the payment of not less than the <br /> required prevailing rates to all workers employed by them in the execution of this <br /> agreement and the employment of apprentices. Seller hereby agrees to indemnify and <br /> hold harmless the Buyer, its officials, officers, agents, employees and authorized <br /> volunteers from and against any and all claims, demands, losses or liabilities of any kind <br /> or nature which the purchaser, its officials, officers, agents, employees and authorized <br /> volunteers may sustain or incur for noncompliance with any applicable labor code <br /> provisions arising out of or in connection with the agreement. Seller shall be solely <br /> responsible for ensuring that the Facility is constructed in compliance with all applicable <br /> laws, regulations and permits, and in accordance with the standards set by any <br /> governmental program providing funding for the PV System. Seller shall, at Seller's sole <br /> cost and expense,obtain from authorities having jurisdiction ("AHJ") over the PV System, <br /> all necessary governmental approvals and other permits and approvals required for the <br /> installation and operation of the Facility, including, but not limited to, fire safety, <br /> California Occupational Safety and Health Administration ("OSHA"), utility <br /> interconnection, right-of-way permits, easement agreements and other codes and best <br /> practices. Seller also agrees to plan subcontracting and staffing levels according to its <br /> Workforce Plan in Exhibit F [Workforce Plan]. <br /> 7.4 Milestones <br /> (a) Generally. <br /> Seller shall diligently pursue all Milestones established pursuant to Exhibits A and B, <br /> Schedule 8, and the Expected Commercial Operation Date,The Parties agree that time is <br /> of the essence in connection with the completion of the Generating Facilities, and that <br /> Milestones for the development, financing and construction of the Generating Facilities <br /> ATTY/AGR/2015.012/POWER PURCHASE AGREEMENT-CEI SOLAR ONE LLC <br /> REV:01-21-15 MLG <br /> Page 27 of 55 <br />