Agmt14 Green Charge Networks, LLC Power Efficiency Agreement

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the Effective Date (the "Site Contingency Period") Host provides Owner with written notice of the rescission. (b) Notice to Proceed. At any time prior to the expiration of the Site Contingency Period and the Landlord Contingency Period, Host may waive all its available contingencies and rescission rights thereunder (as set forth above in Section 2.11(a)) by issuing to Owner a written notice advising Owner to proceed with activities necessary the sourcing of components for and installation of the System (the "Notice to Proceed"). Email shall be an acceptable method for delivery of the Notice to Proceed. 2.2 Post-Rescission. In the event Host exercises its rescission rights as set forth above in Section 2.1, Host shall have no further liability to Owner and shall not be obligated to pay Owner a termination payment for termination of this Agreement. 3. CONSTRUCTION. INSTALLATION AND TESTING OF SYSTEM. 3.1 Construction of S sy tem. Upon Owner receiving Notice to Proceed and an approved encroachment permit from Host, Owner shall install the System at the Site locations listed on Exhibit A pursuant to the conditions and requirements set forth in this agreement. Owner is solely responsible for all costs, expenses and fees required to install the System. Installation shall be completed within a reasonable time from the Notice to Proceed, but no later than 60 days after Notice to Proceed is provided by Host. 3.2 Use of Contractors and Sub-contractors. Owner shall be permitted to use contractors and sub-contractors to perform its obligations under this Agreement, and�shall pay the prevailing hourly wage rate required for the trade or occupation so employed. Owner shall continue to be responsible for the quality of the work performed by its contractors and sub- contractors. Owner shall remain responsible for obligations, services and functions performed by sub-contractors to the same extent as if such obligations, services and functions were performed by Owner's employees and for purposes of this Agreement such work shall be deemed work performed by Owner. 33 Liens and Pavment of Contractors and Suppliers. Owner shall pay when due all valid charges from all contractors, subcontractors and suppliers supplying goods or services to Owner under this Agreement and shall keep the Site and Premises free and clear of any liens related to such charges. Owner shall indemnify Host for all claims, losses, damages, liabilities and expenses resulting from any liens filed against the Host, Site, or the Premises in connection with such charges; provided, however, that Owner shall have the right to contest any such lien, so long as it provides a statutory bond or other reasonable assurances of payment that either remove such lien from title to the Site and the Premises or that assure that any adverse judgment with respect to such lien will be paid without affecting title to the Site and the Premises. Upon Host's request, Owner will give Host copies of certificates of completion or similar documentation from Owner's contractors or sub-contractors, along with copies of all final lien waivers from Owner's contractors or sub-contractors. 3.4 Notice to Contractors and Sub-contractors. Owner shall, prior to commencing construction or maintenance of the System, notify all contractors and sub-contractors that Host ATTY/AGR/2014.021/POWER EFFICIENCY CHARGING SITE REV:02-24-14 MLG Page 4 of 21