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SECTION 9 - Warranties NORESCO warrants that the installation services it performs will be performed consistent with good and workmanlike practices and that such work will be free from defects in materials and workmanship for a period of one (1) year. Any manufacturer's warranties shall be assigned to Customer to the extent allowed by the manufacturer. NORESCO DOES NOT, HOWEVER, WARRANT THAT THE SYSTEM WILL ACHIEVE ANY SPECIFIC LEVEL OF ENERGY SAVINGS. EXCEPT AS PROVIDED ABOVE, NORESCO MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER STATUTORY, WRITTEN, ORAL OR IMPLIED (INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, OR SUITABILITY FOR A PARTICULAR PURPOSE REGARDING (i) THE SYSTEM, ANY PORTION OF THE SYSTEM, OR SERVICES SUPPLIED BY NORESCO HEREUNDER TO (ii) THE SYSTEM OR ANY PORTION THEREOF ACQUIRED BY THE CUSTOMER UNDER THIS AGREEMENT. SECTION 10 - Customer Role (a) In the event the Customer fails to complete the Scope of Work represented in Attachment B by the date of -' and fails to obtain approval by NORESCO and PG&E, the Customer shall cause the Agreement to Terminate and within thirty (30) days thereafter be required to make payment to NORESCO all outstanding Rental Payments pursuant to Attachment C and the amount of all past due bills under Section 2. (b) Customer shall maintain in good working order at its expense the Property, including the System and the equipment to which the System is connected. Customer shall operate the System in accordance with manufacturers recommendations and procedures supplied by NORESCO and all applicable federal, state and local regulations (c) Customer will provide NORESCO (if NORESCO reasonably requires for performance under this Agreement) drawings of the existing building layout, copies of all energy bills, energy usage data, and any and all other documentation, as requested by NORESCO, which is necessary for NORESCO to determine and satisfy all of its obligations under this Agreement (d) Customer hereby grants discretionary authority to the Customer's designated representative to approve or disapprove on behalf of Customer such actions or proposals of NORESCO as may arise in the course of performance under this Agreement. (e) Customer shall not apply for or receive from PG&E any rebates, incentives or financial assistance other than that provided by NORESCO under this Agreement for the System or the electrical demand or energy savings produced by the System. (f) Customer shall not alter, move, modify or otherwise change the System or any component without the written consent of NORESCO unless such action is in accordance with operating procedures provided by NORESCO. SECTION 11 - Defaults bv Customer and NORESCO (a) Customer shall be in default under this Agreement upon the occurrence of any of the following: (i) Customer fails to pay when due any amount to be paid under this Agreement and such failure continues for a period of thirty (30) days after notice of overdue payment; Customer fails to perform or meet any of its required duties or obligations under this Agreement and fails to cure such failure and the effects of such failure within thirty (30) days of receipt of notice of default, unless such failures and effects cannot be completely cured within thirty (30) days after said written notice, in which case a default shall exist only if Customer does not commence and diligently pursue to cure such failure and effects as soon as possible; Customer goes into receivership, or makes an assignment for the benefit of creditors whether voluntary or involuntary, or a petition is filed by or against the (ii) (Hi) c:\my documents\my_files\word\agreements\noresco1.doc 4