Agmt14 Green Charge Networks, LLC Power Efficiency Agreement

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real property by the existence of the System on the Premises, Owner shall reimburse Host for such tax. 10. FORCE MAJEURE. 10.1 Excused Performance. Except as otherwise specifically provided in this Agreement, neither Party shall be considered in breach of this Agreement or liable for any delay or failure to comply with the Agreement, if and to the extent that such delay or failure is attributable to the occurrence of a Force Majeure Event; provided that the Party claiming relief under this Article 11 shall (a) as soon as practicable after occurrence of the claimed Force Majeure event notify the other Party in writing of the existence and nature of the Force Majeure Event, (b) promptly exercise all reasonable efforts necessary to minimize delay caused by such Force Majeure Event, (c) promptly notify the other Party in writing of the cessation or termination of said Force Majeure Event, and (d) resume performance of its obligations hereunder as soon as practicable thereafter. For the purposes hereof, a "Force Majeure Event" means the failure or interruption of the production, delivery, or acceptance of Power Efficiency Services resulting rom any of the following events to the extent not caused by the Party claiming a Force Majeure Event: (a) war, riot, acts of a public enemy, insurrection, acts of terrorism, or civil disturbance; and (b) acts of God, including but not limited to storms, flood, lightening, earthquake, hailstorms, ice storms, tornados, hurricanes, landslides, fires (whether deliberately set or otherwise); and (c) Owner is required by Utility or local authority to stop operation of system 10.2 Su�plier Bankruptcv. Owner acquires equipment and components and relies upon warranties from suppliers. These suppliers are defined as battery and inverter manufacturers and may include other component manufacturers. Should a supplier be forced in to bankruptcy Owner may, by providing Host with thirty (30) day written notice, terminate this Agreement. Upon such termination, Owner shall immediately restore the Premises to its original condition (other than ordinary wear and tear)at Owner's cost. 10.3 Consequence of Force Majeure Event. If the System is substantially damaged or destroyed by a Force Majeure Event, Owner shall elect, upon written notice to Host given within ten (10) days after receipt of notice of such substantial damage or destruction,to repair or replace the System and upon commencement of operation of the replacement System all terms and conditions of this Agreement shall remain in effect, including the remaining Term of this Agreement. Alternatively, if the System is substantially damaged or destroyed by a Force Majeure Event, Owner or Host may, by providing written notice to the other within twenty (20) days, terminate this Agreement without fault or liability to the other. Owner shall have fifteen (15) days after either giving or receiving notice of termination pursuant to this section to remove a damaged or destroyed System, otherwise, it shall be considered abandoned and Host may remove and dispose of the System pursuant to Section 1.2. 11. DEFAULT. 1 l.l Owner Defaults and Host Remedies. The following events shall be defaults with respect to Owner(each, a"Provider Default"): ATTY/AGR/2014.021/POWER EFFICIENCY CHARGING SITE REV:02-24-14 MLG Page 11 of 21