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POWER PURCHASE AGREEMENT ("PPA") <br /> D. Purchaser's breach of this Agreement including being unavailable to provide <br /> access or assistance to Seller in diagnosing or repairing a problem or failing to <br /> maintain the System as stated in the Solar Operation and Maintenance Guide; <br /> E. Any Force Majeure Event(as defined below); <br /> A power or voltage surge caused by Purchaser or any party or <br /> event not within Seller's control, including a grid supply voltage <br /> outside of the standard range specified by the Utility; <br /> ii. Any System failure not caused by a Seller a breach under the PPA <br /> (e.g.,such as making roof repairs);or <br /> iii. Theft of the System. <br /> F. Nothing in this Agreement shall be construed as a warranty or guarantee by <br /> Seller that the Purchaser (or any beneficiary of this Agreement) will realize <br /> saving as a result of this Agreement or the PPA. Seller's guarantee hereunder <br /> is a guarantee of electrical production from the System and not of any savings <br /> resulting from such electrical production. <br /> 3. Force Majeure. If Seller is unable to perform all or some of its obligations under this Agreement <br /> because of a Force Majeure Event, Seller will be excused from whatever performance is affected <br /> by the Force Majeure Event, provided that: <br /> A. Seller, as soon as is reasonably practical, gives Purchaser notice describing the <br /> Force Majeure Event; <br /> B. Seller's suspension of its obligations is of no greater scope and of no longer <br /> duration than is required by the Force Majeure Event;and <br /> C. No Seller obligation that arose before the Force Majeure Event that could and <br /> should have been fully performed before such Force Majeure Event is excused as <br /> a result of such Force Majeure Event. <br /> "Force Majeure Event" means any event, condition or circumstance beyond the control of and <br /> not caused by Seller's or Purchaser's fault or negligence.It shall include,without limitation,failure <br /> or interruption of the production, delivery or acceptance of electricity due to: an act of god; war <br /> (declared or undeclared); sabotage; riot; insurrection; civil unrest or disturbance; military or <br /> guerilla action;terrorism; economic sanction or embargo; civil strike,work stoppage,slow-down, <br /> or lock-out; explosion;fire; earthquake; abnormal weather condition or actions of the elements; <br /> hurricane; flood; lightning; wind; drought; the binding order of any governmental authority <br /> (provided that such order has been resisted in good faith by all reasonable legal means)the failure <br /> to act on the part of any governmental authority (provided that such action has been timely <br /> requested and diligently pursued); unavailability of electricity from the utility grid, equipment, <br /> supplies or products; and failure of equipment not utilized by Seller or under its control. <br /> Page 39 of 49 <br />