Laserfiche WebLink
DocuSign Envelope ID:221D6B40-33AE-418B-BC60-E598F733ACF1 <br /> Exhibit A <br /> POWER <br /> ® ® PURCHASE w <br /> matters of which it is aware pertaining to any damage to or loss of use of the System or <br /> that could reasonably be expected to adversely affect the System. <br /> d. No Alteration of Facility. Seller acknowledges Purchaser is a lessee, not an owner,of the <br /> Premises and cannot guarantee that the owner of the Premises or other interested parties <br /> will not make any alterations or repairs to the Facility which could adversely affect the <br /> operation and maintenance of the System. Purchaser shall not make any alterations or <br /> repairs to the Facility which could adversely affect the operation and maintenance of the <br /> System without Seller's prior written consent, which consent shall not be unreasonably <br /> withheld or delayed. Provided, however,that during initial construction and installation <br /> of the System at the Facility, Seller shall provide Purchaser with the opportunity to <br /> construct and install conduits for the installation of security cameras on the Facility; at <br /> any point during the Term of this Agreement, Purchaser shall also be allowed to install <br /> security cameras upon the Facility. Purchaser shall be responsible for all costs associated <br /> with the construction and installation of such conduits and security cameras; such <br /> construction and installation shall not interfere with the operation and maintenance of <br /> the System. If Purchaser wishes to make such alterations or repairs, Purchaser shall give <br /> prior written notice to Seller, setting forth the work to be undertaken (except for <br /> emergency repairs, for which notice may be given by telephone), and give Seller the <br /> opportunity to advise Purchaser in making such alterations or repairs in a manner that <br /> avoids damage to the System, but, notwithstanding any such advice, Purchaser shall be <br /> responsible for all damage to the System caused by Purchaser or its contractors. To the <br /> extent that temporary disconnection or removal of the System is necessary to perform <br /> such alterations or repairs, such work and any replacement of the System after <br /> completion of Purchaser's alterations and repairs, shall be done by Seller or its <br /> contractors at Purchaser's cost. In addition, in the event Purchaser makes such <br /> alterations or repairs, Purchaser shall pay Seller an amount equal to the sum of (i) <br /> payments that Purchaser would have made to Seller hereunder for electric energy that <br /> would have been produced by the System during such disconnection or removal; (ii) <br /> revenues that Seller would have received with respect to the System under the any rebate <br /> program and any other assistance program with respect to electric energy that would <br /> have been produced during such disconnection or removal; (iii) revenues from <br /> Environmental Attributes that Seller would have received with respect to electric energy <br /> that would have been produced by the System during such disconnection or removal;and <br /> (iv) Tax Credits that Seller (or, if Seller is a pass-through entity for tax purposes, Seller's <br /> owners) would have received with respect to electric energy that would have been <br /> produced by the System during such disconnection or removal. Determination of the <br /> amount of energy that would have been produced during any disconnection or removal <br /> shall be in accordance with the procedures in Section 10(b).All of Purchaser's alterations <br /> and repairs will be done in a good and workmanlike manner and in compliance with all <br /> applicable laws,codes and permits. <br /> e. Outages. Purchaser shall be permitted to be offline for a total of forty-eight(48)daylights <br /> hours (each, a "Scheduled Outage") per calendar year during the Term, during which <br /> Page 16 of 52 <br />