Agmt14 Green Charge Networks, LLC Power Efficiency Agreement

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(c) upon ninety (90) days notice, if the Local Provider or electricity provider changes the manner in which Host's rate structures and demand charges are calculated which results in an actual materially lower Demand Charge Reduction Savings; (d) if at any time Owner determines that it will not receive continued funding of the CEC Award; (e) if Owner's continued compliance with this Agreement would violate the legal requirements or contract clauses with which Owner is required to comply pursuant to the CEC Award; or (fl Host (i) commences a voluntary case under any bankruptcy law; (ii) fails to controvert in a timely and appropriate manner, or acquiesce in writing to, any petition filed against Host in an involuntary case under any bankruptcy law; or (iii) any involuntary bankruptcy proceeding commenced against Host remains undismissed or undischarged for a period if sixty(60)days. (g) if Owner is unable to obtain proper permits or interconnection with the Local Provider 1.5 Site Location. (a) Host will work with Owner to determine the appropriate location for the System, identified on Exhibit A attached hereto (each space for the System at each location, a "Site") for the sole purpose of installing, maintaining, operating, accessing, removing and replacing the System on such Site and otherwise satisfying its obligations and availing itself of the rights set forth in this Agreement. . (b) Owner shall provide Host prior written notice at least five (5) business days before it or its contractors and/or subcontractors commence installation at any Site. Owner shall not commence installation at any Site until Owner has first applied for and obtained an encroachment permit from Host pursuant to Chapter 29, Article II of the Redwood City Municipal Code. (c) At all times during the Term, Owner shall maintain insurance coverage as set forth in Section 15 to cover any damage caused to the Premises resulting from the installation,maintenance and operation of the System. 2. CONTINGENCIES. 2.1 Contingencies Available to Host. Host shall have the option to rescind this Agreement in the event of the following contingent events: (a) Site. Host may rescind this Agreement if the Site conditions are not optimal for installation of the System, provided that prior to the time of installation of the System has commenced at the Site but in no event longer than ninety (90) days following ATTY/AGR/2014.021/POWER EFFICIENCY CHARGING SITE REV:02-24-14 MLG Page 3 of 21