Agmt14 Green Charge Networks, LLC Power Efficiency Agreement

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f \ The Initial Term and the Renewal Term, if any, are referred to collectively as the "Term." The date on which the Term ends is referred to herein as the"Expiration Date." 1.2 Removal of Svstem at Expiration. Owner shall, at Owner's sole expense, remove all tangible property comprising the System,excluding the DC fast charger, from the Premises on a mutually convenient date, but in no event later than thirty (30) days after the Expiration Date. Owner shall undertake such removal in such a manner as to not interrupt operation of the business at the Premises, including an interruption of electrical power. In connection with such removal, Owner shall remove above ground support structures and repair any damage to the Site and any other area in which any portion of the System was installed and restore such areas to their original condition, excluding ordinary wear and tear, provided that Owner shall not be required to remove large electrical conduits which Owner shall cause to be capped and secured. Owner shall leave the Premises in neat and clean order. If Owner fails to completely remove the System and repair the affected area as provided above, within thirty (30) days of the Expiration Date, Host may, upon ten (10) business days prior written notice to Owner, complete the necessary removal and/or restoration and Owner shall reimburse Host for the costs incurred by Host within ten (10) days after presentation by Host to Owner of reasonable supporting documentation describing the work performed and the cost thereof. In addition, should Owner fail to remove the System within such thirty (30) day period, Owner will be deemed to have abandoned the System and Host may, at Owner's sole cost, remove and dispose of the System, including by sale or otherwise, as Host sees fit in its discretion,provided that if Host realizes any proceeds from the sale of the System (which may or may not occur) Host will credit such proceeds against the cost of removal. 1.3 Host's Right to Terminate this A�reement. Host shall have the right to terminate this Agreement, without penalty under any of the following conditions: (a) upon any Owner Default; (b) Owner (A) commences a voluntary case under any bankruptcy law; (B) fails to controvert in a timely and appropriate manner, or acquiesces in writing to, any petition filed against Owner in an involuntary case under any bankruptcy law; or (C) any involuntary bankruptcy proceeding commenced against Owner remains undismissed or undischarged for a period of sixty(60)days; (c) upon termination by Host, Owner shall remove the System from the Site, except for the DC fast charger, at Owner's expense and cost. 1.4 Owner's Right to Terminate this Agreement. Owner shall have the right to terminate this Agreement,without penalty: (a) upon any Host Default; (b) upon ninety (90) day's notice, if an unstayed order of a court or administrative agency is entered having the effect of subjecting the provision and/or sale of the Power Efficiency Service to federal or state regulation of prices and/or service; ATTY/AGR/2014.021/POWER EFFICIENCY CHARGING SITE REV:02-24-14 MLG Page 2 of 21