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POWER PURCHASE AGREEMENT ("PPA") <br /> to Buyer without liability for costs or damages or triggering a default under this <br /> Agreement. <br /> c. Commencement of Construction. Seller's obligation to commence construction and <br /> installation of the System is conditioned on Seller's receipt of (A) proof of insurance for <br /> all insurance required to be maintained by Purchaser under this Agreement and (B) <br /> written confirmation from any pholdingmortgage,erson a <br /> lien or other encumbrance <br /> over the Premises or the Facility, as applicable, that such person will recognize Seller's <br /> rights under this Agreement for as long Seller is not in default hereunder. <br /> d. Conditions to Purchaser's Obligations. Purchaser's obligations under Section 4(a) are <br /> conditioned upon the occurrence of the Commercial Operation Date for the System by <br /> the Outside Commercial Operation Date. <br /> 7. Seller's Rights and Obligations. <br /> a. Permits and Approvals. Seller, with Purchaser's reasonable cooperation, shall use <br /> commercially reasonable efforts to obtain, at its sole cost and expense: <br /> i. any zoning, land use, and building permits required to construct, install and <br /> operate the System; and <br /> ii. any agreements and approvals from the Utility necessary to interconnect the <br /> System to the Facility electrical system and/or the Utility's electric distribution <br /> system. <br /> Purchaser shall cooperate with Seller's reasonable requests to assist Seller in <br /> obtaining such agreements, permits, and approvals. <br /> b. Standard System Repair and Maintenance. Seller shall construct and install the System <br /> at the Facility. The System shall have adequate resistance to wind loads. During the <br /> Term, Seller will operate and perform all routine and emergency repairs to, and <br /> maintenance of, the System at its sole cost and expense, except for any repairs or <br /> maintenance resulting from Purchaser's negligence,willful misconduct or breach of this <br /> Agreement. Routine repairs and maintenance shall include, but not be limited to, <br /> effective water management and salt tolerance. Seller shall also ensure adequate <br /> lighting at the Facility, which lighting level shall be no less than the original condition of <br /> the lighting system prior to construction and installation of the System at the Facility. <br /> Seller shall not be responsible for any work done by others on any part of the System <br /> unless Seller authorizes that work in advance in writing. Seller shall not be responsible <br /> for any loss, damage, cost or expense arising out of or resulting from improper <br /> environmental controls or improper operation or maintenance of the System by anyone <br /> other than Seller or Seller's contractors. If the System requires repairs for which <br /> Purchaser is responsible, Purchaser shall pay Seller for diagnosing and correcting the <br /> problem at Seller or Seller's contractors'then current standard rates. Seller shall provide <br /> Purchaser with reasonable notice prior to accessing the Facility to make standard repairs. <br /> Page 12 of 49 <br />