Laserfiche WebLink
(c) Upon request of the Power Provider, the Purchaser shall provide information reasonably within its <br />control or possession and, to the extent it is not required to incur any costs or liability, reasonable assistance to <br />Power Provider for the inspection of the Site, the determination of the feasibility of the installation and <br />operation of the Solar Power Facilities at the Site, and the design and installation of the Solar Power Facilities <br />to accommodate the Site. Such Purchaser's information and assistance shall include, but not be limited to, the <br />delivery of: 1) copies of any warranties in effect for the portions of the Site that are applicable to the Solar <br />Power Facility, such as for the roof, any metal buildings, building wiring, or other components, 2) existing <br />building drawings; 3) existing electrical system drawings, 4) property surveys, and 5) information, if any, <br />concerning potential interference with or from radio or satellite communications applicable to the Site. If <br />Purchaser has not provided the information within thirty (30) days of receipt of Power Provider's written <br />request (or such longer period of time as is reasonably necessary to provide such information provided that <br />Purchaser is using reasonable efforts to obtain the same), Power Provider shall have no liability arising from <br />and no obligation or responsibility to comply with or to satisfy any requirements, limitations or restrictions <br />contained in the information. In addition, during the Schedule Term for the Site, Purchaser shall provide: <br />1) ongoing internet access to Power Provider for monitoring system performance, and 2) ongoing Site <br />access for the evaluation of the Site, and for the installation, operation, maintenance, repair, and removal of the <br />Solar Power Facilities provided that (a) Power Provider's access shall be limited to those areas of the Site that <br />are required for it to perform its obligations and agreements hereunder, (b) Power Provider shall provide <br />reasonable prior notice to Purchaser before entering the Site, and (c) Power Purchaser and its agents, <br />contractors and subcontractors and each of their respective employees shall comply with Purchaser's <br />reasonable safety and security procedures in effect for the Site from time to time . Power Provider covenants <br />and agrees that has been given access to and the opportunity to inspect the Site and accepts the Site "as -is" and <br />"where is" and that Purchaser has made no representation or warranty to Power Provider of any type or nature <br />with respect thereto including, without limitation, with respect to any patent or latent defects, the habitability <br />thereof or the fitness of the Site for any particular use. <br />3. Operation of the Solar Power Facilities. <br />(a) Power Provider shall be solely responsible for the operation and maintenance of each Solar <br />Power Facility (subject, however, to the obligations and responsibilities of Purchaser under the License) and <br />shall maintain each Solar Power Facility in good working order and condition and in accordance with Prudent <br />Industry Practices during the applicable Schedule Term. Neither Purchaser nor any party related thereto shall <br />have the right or be deemed to operate any Solar Power Facility. Power Provider shall bear all risk of loss with <br />respect to each Solar Power Facility, except for losses arising from gross negligence or willful misconduct by <br />Purchaser or its employees. Power Provider shall have full responsibility for the Solar Power Facility <br />operation and maintenance in compliance with all laws, regulations and government permits. <br />(b) Purchaser shall be responsible for arranging delivery of Electric Power from each Point of <br />Delivery to Purchaser and any installation and operation of equipment on Purchaser's side of each Point of <br />Delivery necessary for acceptance and use of the Electric Power. Each Party may, at its own cost and expense, <br />install and maintain on its side of each Point of Delivery, such voltage control, regulation and safety devices <br />and equipment that it determines are necessary or appropriate to protect its own equipment and operations. <br />Each Party shall, at its own cost and expense, operate and maintain in good working order such devices and <br />equipment that it owns. During the applicable Contract Term, Purchaser shall not, without the prior consent of <br />Power Provider which shall not be unreasonably withheld, conditioned or delayed, permit any Site or other <br />property that it owns to be modified in any manner if such modifications would in the reasonable judgment of <br />Power Provider materially adversely affect the operation and maintenance of any Solar Power Facility located <br />at such Site or other property or the potential of any such Solar Power Facility to produce and deliver Electric <br />Power to Purchaser. <br />Page 6 of 30 <br />SE PPA 11/11/15 <br />