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AgdaPkt 2015-03-23 Closed and Joint SA PFA
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AgdaPkt 2015-03-23 Closed and Joint SA PFA
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Last modified
3/24/2015 9:22:13 AM
Creation date
3/19/2015 4:55:14 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Successor Agency and Public Financing Authority
Date
3/23/2015
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8.A. - Page 59 <br /> activities. Seller shall return to Buyer all Buyer assets or information in Seller's possession. <br /> Seller shall deliver to Buyer or its designee,at Buyer's request,all documentation and data <br /> related to Buyer, including, but not limited to, the Buyer Data and client files, held by <br /> Seller, and Seller shall destroy all copies thereof not turned over to Buyer,all at no charge <br /> to Buyer. <br /> 13.24 ACCOUNTABILITY <br /> Seller will be the primary point of contact and assume the responsibility of all matters <br /> relating to this Agreement, including those involving the manufacturer and/or deliverer <br /> and/or any subcontractor, as well as payment issues. If issues arise, the Seller must take <br /> immediate action to correct or resolve the issues. <br /> 13.25 CONFLICT OF INTEREST <br /> Seller warrants that it presently has no interest and shall not acquire any interest, direct <br /> or indirect,that would conflict in any manner or degree with the performance of services <br /> required under this Agreement. <br /> 13.26 DAMAGE AND REPAIR <br /> Any and all damages to a Party's property caused by the other Party's negligence or <br /> operations shall be repaired, replaced or reimbursed by such Party at no charge to the <br /> other Party. Repairs and replacements shall be completed within seventy-two (72) hours <br /> of the incident, unless the Parties agree to an extension or another time frame, or if such <br /> repairs or replacements cannot be completed within such timeframe, then upon <br /> notification by the repairing Party then the Parties shall mutually agree on an alternative <br /> timeframe to complete such repair or replacement. The cleanup of all damage related to <br /> accidental or intentional release of any/all non-hazardous or hazardous material (e.g. <br /> hydraulic fluid, fuel, grease, etc.) from a Party's vehicles or during performance shall be <br /> responsibility of such Party. All materials must be cleaned up in a manner and time <br /> acceptable to Buyer (completely and immediately to prevent potential as well as actual <br /> environmental damage). Seller must immediately report each incident to the Buyer's <br /> Public Works Director at (650) 780-7190 or (650) 780-7464 and also emailing <br /> tkyawia.redwoodcity.org. Damage observed by either Party,whether or not resulting from <br /> such Party's operations or negligence shall be promptly reported to the other Party. If <br /> Facility is roof-mounted, then Seller's actions shall be completed in a manner consistent <br /> to maintaining the existing roof warranties. <br /> 13.27 COOPERATION WITH REVIEW <br /> Seller shall cooperate with Buyer's periodic review of Seller's performance. Such review <br /> may be conducted on a semi-annual or more frequent basis at the reasonable request of <br /> the Buyer. Seller shall make itself available onsite to review the progress of the project <br /> and Agreement, as requested by the Buyer, upon reasonable advanced notice. Seller <br /> ATTY/AGR/2015.012/POWER PURCHASE AGREEMENT-CEI SOLAR ONE LLC <br /> REV:01-21-15 MLG <br /> Page 51 of 55 <br />
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