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DocuSign Envelope ID:221D6B40-33AE-4186-BC60-E598F733ACF1 <br /> Exhibit A <br /> POWER PUROHASE AGREEMENT <br /> Agreement may be modified only by a writing signed by both Parties. If any provision of <br /> this Agreement is found unenforceable or invalid,such unenforceability or invalidity shall <br /> not render this Agreement unenforceable or invalid as a whole. In such an event, such <br /> provision shall be changed and interpreted to best accomplish the objectives of such <br /> unenforceable or invalid provision within the limits of applicable law. This Agreement <br /> may be executed in any number of separate counterparts and each counterpart shall be <br /> considered an original and together shall comprise the same Agreement. The captions or <br /> headings in this Agreement are strictly for convenience and shall not be considered in <br /> interpreting this Agreement. <br /> M. No Third-Party Beneficiaries. Except for assignees, Financing Parties [and Successor <br /> Providers] permitted under Section 19, this Agreement and all rights hereunder are <br /> intended for the sole benefit of the Parties hereto and shall not imply or create any rights <br /> on the part of,or obligations to, any other Person. <br /> n. Bonding. <br /> L Performance Bond Liability. Any performance bond issued for a site or system <br /> will cease one (1) year from the completion of construction. If a warranty or <br /> guarantee is provided under the terms of this Agreement, the balance of any <br /> warranty or guarantee beyond one-year term of the applicable performance <br /> bond shall continue to be guaranteed solely by Seller under the terms of this <br /> Agreement.The performance bond does not guarantee any property restorative <br /> requirements. <br /> ii. Payment Bond Lability. Any payment bond issued will cease at the termination <br /> of any time required by law. <br /> iii. Performance Guarantee. Neither payment bonds, whether for labor or <br /> materials, nor performance bonds are applicable to any specified performance <br /> guarantee. <br /> Page 35 of 52 <br />