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Trade Secret
<br />when a system witness test is performed for the Project,
<br />10. Insurance.
<br />and the Energy System is turned on, and is capable and
<br />authorized under Applicable Requirements, to generate
<br />a. Seller will, at its own cost and expense, maintain in full
<br />and deliver electric energyto Customer and the local utility's
<br />force and effect, insurance reasonable and customary
<br />electrical grid at the interconnection point ("Final Project
<br />for the services being performed by Seller under this
<br />Completion"). Notwithstanding any delays, the anticipated
<br />Agreement. Upon request, Seller shall provide
<br />date for Final Project Completion for the Energy System is
<br />Customer with certificate(s) evidencing such insurance
<br />Summer/Fall, 2018.
<br />prior to commencement of any work at the Site.
<br />8. Changes.
<br />b. Customer will at all times, at its own cost and expense,
<br />maintain in full force and effect, insurance reasonable
<br />a. It is the desire of the Parties to keep changes to the
<br />and customary for the Site and, after Final Project
<br />terms of this Agreement to a minimum, including
<br />Completion has occurred for the Project for the Energy
<br />changes to the Schedule. Either Party may request a
<br />System.
<br />change by advising the other Party in writing of the
<br />c. As required, Customer will provide Seller and the utility
<br />proposed change. For each change request, Seller will
<br />prepare a revised Schedule, an updated schedule to
<br />with a certificate of insurance that conforms with any
<br />this Agreement, or any other necessary document and
<br />utility or Rebate program requirements.
<br />an applicable cost estimate. Customer will advise
<br />11. Sellers Waiver and Indemnity Regarding Liens. To the
<br />Seller in writing of its approval or disapproval of the
<br />fullest extent permitted under the Applicable Requirements,
<br />change. If Customer approves the change, Seller will
<br />Seller waives any right to file or impose any mechanic's,
<br />perform the services as changed, and the Installation
<br />materialman's, or other liens with respect to the Site or the
<br />Costs will be adjusted to reflect the requested change.
<br />Project. Seller shall promptly pay all undisputed amounts
<br />b. The equipment selected by Seller and described on
<br />owed for services, materials, equipment, and labor
<br />Schedule A may be substituted by Seller with other
<br />furnished by any person to Sellerwith respectto the Project.
<br />equipment (with at least a 10 -year manufacturer's
<br />Seller shall, at Seller's sole cost and expense, discharge
<br />workmanship warranty and a 25 -year production
<br />and cause to be released, whether by payment or posting
<br />warranties achieving at least 80% of rated capacity) to
<br />of an appropriate surety bond in accordance with the
<br />accommodate structural limitations of the Site, the
<br />Applicable Requirements, within thirty (30) days of its filing,
<br />availability of equipment, changes in panel wattage
<br />any mechanic's, materialmen's, or other lien in respect of
<br />available from manufacturers, or other reasonable
<br />the Project, the Energy System, or the Site created by,
<br />reasons. A substitution in panel wattage that results in
<br />through or under, or as a result of any act or omission (or
<br />a kW DC variance of +/- 0.10 kW DC for an Energy
<br />alleged act or omission) of, Seller or any subcontractor or
<br />System may be made by Seller without amending this
<br />other person providing services, materials, equipment or
<br />Agreement.
<br />labor with respect to the Project. If Seller defaults in its
<br />obligation to discharge, satisfy or settle such liens,
<br />9. Rebates, Tax Credits. and Net Metering. The Parties
<br />Customer may discharge, satisfy or settle such liens and
<br />anticipate the Project will be eligible for the following
<br />Seller shall, within fifteen (15) days of a written request by
<br />rebates and credits:
<br />Customer, reimburse Customer for all costs and expenses
<br />a. The Project may be eligible to receive the Xcel
<br />incurred by Customer to discharge, satisfy or settle such
<br />SolarRewards Rebate totaling $0.08 per kWh
<br />liens.
<br />generated from the Energy System (the "Rebate")
<br />12. Warranties.
<br />payable to Customer (or its assignee) from Xcel
<br />Energy. The Rebate is scheduled to paid annually
<br />a. Customer understands and acknowledges that the
<br />on
<br />for ten consecutive years based on the Energy
<br />System Components furnished and installed by Seller
<br />System's prior year's annual kWh production. In
<br />(including the solar modules, inverters, power
<br />exchange for receiving the Rebate, as may be required
<br />optimizers, racking, and monitoring equipment and
<br />by the utility interconnection requirements between
<br />their performance/energy output), are not
<br />Customer and the utility, Customer will be required to
<br />manufactured by Seller and will carry only the warranty
<br />convey Renewable Energy Credits ("RECs") for
<br />of their manufacturer. Seller provides only the
<br />electricity produced by the Energy System to Xcel
<br />warranties set forth on Schedule D hereto. Except as
<br />Energy, and execute any required paperwork required
<br />otherwise set forth on Schedule D, all other warranties
<br />to convey the RECs. Any RECs remaining after the
<br />are disclaimed as further set forth below. For detailed
<br />termination or expiration of any conveyance to Xcel
<br />information about warranties on the System
<br />Energy belong solely to the Customer.
<br />Components, please see the applicable
<br />manufacturer's specification sheets and warranties
<br />b. The Project may be eligible to receive a Federal Tax
<br />included in the operations manual(s) provided by
<br />Credit from the U.S. Treasury pursuant to the terms of
<br />Seller, or available on the manufacturer's websites.
<br />the Facility Lease equal to 30% of eligible Installation
<br />Customer is solely responsible for pursuing any
<br />Cost of the Energy System ("Tax Credit") that is put
<br />warranty claims on System Components against the
<br />into service during 2018 or 2019.
<br />manufacturer at its own expense, and may look only to
<br />such manufacturer, and not to Seller, for any warranty
<br />c. The Project may be eligible to participate in the local
<br />with respect thereto. In accordance with the Facility
<br />utility's Net Metering Program. Under this program,
<br />Lease Agreement, if applicable, Tenant will assist
<br />the energy generated from the Energy System is
<br />Customer in resolving any warranties relating to
<br />available for use to reduce the total amount of energy
<br />System Components as described therein.
<br />that the Customer needs to purchase from the utility,
<br />and for months where the Energy System produces
<br />b. EXCEPT AS EXPRESSLY PROVIDED IN
<br />more kWh than the Site consumes, the utility will
<br />SCHEDULE D, SELLER MAKES NO
<br />compensate Customer at the applicable rate.
<br />WARRANTIES, WHETHER EXPRESS,
<br />IrJ
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