Agmt14 Green Charge Networks, LLC Power Efficiency Agreement

Browse Search

injury to the System, whether requiring structural or nonstructural repairs, that are directly caused by, or that result solely from the misuse by or negligent conduct or omission of, Host Group (as defined in Section 14 below) may be repaired by Owner, at Host's sole cost and expense,to the condition that existed before the damage. 6.2 The O&M and service warranty will be provided for a 10 year period or the term of this contract. The O&M and system warranty will provide support, problem diagnosis, on-site repair and preventative maintenance to make sure the system is functioning correctly for 10 years after the Site Commercial Operational Date. 63 Host Site Obli at�ions. Host shall, at its sole cost and expense, take all actions necessary to maintain each Site in a safe condition,to at least the same standard as it customarily maintains the common areas at the Premises. In addition, Host shall take reasonable precautions to protect the System from vandalism. Notwithstanding anything to the contrary in this Agreement, Host shall not be required to undertake any additional measures related to the monitoring and security of the System than it otherwise would in its normal course of business if the System were not installed on the Premises. For the avoidance of doubt, Host shall be under no obligation to maintain the System, signage or any other equipment installed by Owner within the Site. 6.4 Host Rights to Premises. Host further represents, warrants and covenants that it has obtained or it shall obtain any and all consents or approvals required in order for Owner to utilize the Premises under Section 1.5 of this Agreement and perform its obligations under this Agreement. 6.5 Suspension of Service. Owner shall be entitled to reasonably suspend delivery of Power Effciency Service to the Premises for the purpose of maintaining and repairing any System and such suspension of service shall not constitute a breach of this Agreement. Owner shall ensure that any suspension in the delivery of Power Ef�iciency Service to the Host shall not cause an interruption of electricity service to the Premises supplied by the Local Provider. 6.6 Notifications of Malfunctions and Emer e�cies. Each Party shall notify the other as soon as reasonably practicable following the discovery by it of any material malfunction of the System or interruption in the supply of Power Efficiency Service from the System ("Svstem Emergency"). Each Party shall designate and advise the other Party of personnel to be notified in the event of a System Emergency. 6.7 Structural Damage to Site Premises. Owner shall be liable for any damage caused by the System or the Owner's access to the Premises hereunder, including, without limitation, any damage to the business located at the Premises, damage to property, or injury to persons, or from any operation and/or maintenance activity of Owner resulting in such damage. Owner shall, within ten (10) business days from receiving notice of any such damage make all repairs. In the event Owner does not complete the repairs within ten (10) business days, Host shall have a right to make all repairs, and Owner shall reimburse Host for all costs related thereto incurred by Host within ten (10) days after presentation by Host to Owner of supporting documentation describing the work performed and the cost thereof. ATTY/AGR/2014.021/POWER EFFICIENCY CHARGING SITE REV:02-24-14 MLG Page 8 of 21