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Trade Secret
<br />�111111aABill 1:8C
<br />Seller's Warranties
<br />Engineering and Design Services Warranty Seller warrants that it will perform the engineering and design
<br />services in a professional and workmanlike manner using the degree of care, skill, prudence, judgment and diligence that
<br />a reasonable, qualified and competent provider of similar services would exercise. Except as otherwise provided herein,
<br />during the period beginning on the Final Project Completion date and ending five years later (the "Warranty Period"), it is
<br />shown that there was an error in such engineering and design services as a result of Seller's failure to meet those standards,
<br />and if Customer properly notifies Seller within the Warranty Period, Seller will, at its own expense and at no cost to Customer,
<br />re -perform such services to remedy such error within a reasonable timeframe.
<br />Installation Services Warranty Seller warrants that it will perform the installation services in a professional and
<br />workmanlike manner using the degree of care, skill, prudence, judgment and diligence that a reasonable, qualified and
<br />competent provider of similar services would exercise. Except as otherwise provided herein, if during the Warranty Period
<br />it is shown that there was an error in such installation services as a result of Seller's failure to meet those standards, and if
<br />Customer properly notifies Seller within the Warranty Period, Seller will, at its own expense and at no cost to Customer, re-
<br />perform such services to remedy such error within a reasonable timeframe.
<br />Limited System Components Warranty Seller warrants that the System Components will be new and not
<br />physically damaged by Seller at the time of Final Project Completion. If Customer notifies Seller within a reasonable
<br />timeframe after Final Project Completion that any System Components were not new or are physically damaged by Seller
<br />at the time of Final Project Completion, Seller shall replace such System Components within a reasonable timeframe with
<br />System Components that are new and undamaged.
<br />Roof Warranty Except as otherwise provided herein, if during the Warranty Period it is shown that the roof leaks
<br />solely as a result of Seller's installation of the Energy System, and if Customer properly notifies Seller within the Warranty
<br />Period, Seller will, at its own expense and at no cost to Customer, promptly repair the roof so that it does not leak, provided
<br />that such leaking is not due to normal wear and tear.
<br />Limitation on Warranties The above warranties do NOT cover damage, malfunctions or services failures to
<br />the extent caused by:
<br />1. Failure to follow the any applicable operations or maintenance manual or any other maintenance
<br />instructions provided by Seller or the manufacturer of the System Components, or failure to maintain or
<br />operate the Energy System;
<br />2. Repair, modification, maintenance, movement or relocation of the Energy System or the System
<br />Components by someone other than a service technician approved by Seller or the manufacturer of the
<br />System Components;
<br />3. Attachment or connection to the Energy System of any equipment not supplied by Seller, or the use of the
<br />Energy System for a purpose for which the Project was not intended,
<br />4. Abuse, misuse or acts of Customer or any third person (other than Seller or its employees or agents),
<br />including intentional damage, theft or vandalism, or
<br />5. Damage or deteriorated performance of the Energy System or Site caused by electrical surges, building
<br />settling, building component failure, work done on the building or adjacent structures, use of machinery or
<br />vehicle in the area, winds in excess of the system design rating, lightning, fire, flood, extreme weather
<br />conditions, pests, tornadoes, hurricanes, hail, storms, explosions, earthquakes, ground subsidence, falling
<br />debris, accidental breakages (not caused by Seller or its employees or agents), normal wear and tear, and
<br />other events or accidents outside the reasonable control of Seller.
<br />Customer's Right to Remedy In the event that Seller fails to remedy any breach of warranty within the prescribed
<br />timeframe under this Schedule D or such breach threatens imminent harm to Customer or its property, Customer shall
<br />have the right to employ any reasonable means necessary to remedy such breach, and Seller shall reimburse Customer
<br />for all reasonable and necessary expenses incurred by Customer in carrying out such remedy.
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