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<br />10.6 No Warranty; Exclusive Remedies. NO WARRANTY OR REMEDY, WHETHER STATUTORY, <br />WRITTEN, ORAL, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF <br />MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING FROM <br />COURSE OF DEALING OR USAGE OF TRADE SHALL APPLY. The remedies set forth in this Agreement shall <br />be the Parties’ sole and exclusive remedies for any claim or liability arising out of or in connection with <br />this Agreement, whether arising in contract, tort (including negligence), strict liability or otherwise. <br /> <br />10.7 Involuntary Transfers. Upon transfer of title or control of the Eligible Address or your <br />CSG Allocation, or portion thereof, due to bankruptcy, foreclosure or operation of law for other reasons, <br />you or the transferee must notify US Solar immediately. During any period of time in which a trustee, <br />receiver, or creditor is in possession of the Eligible Address and assumes responsibility as the account- <br />holder with NSP at the Eligible Address, such transferee shall be deemed to have succeeded to your <br />rights and obligations under this Agreement at the Eligible Address during the period of its possession. <br />Upon the transfer of title to the property at the Eligible Address and the CSG Allocation to a creditor or <br />other third party, the transferee shall notify US Solar of the transfer. If the transferee(s) meet all <br />relevant Eligibility Criteria, the transfer shall be treated as a sale or transfer of the CSG Allocation to such <br />transferees upon completion of the conditions set forth in Section 6.2. If the transferee does not meet <br />the transfer conditions, then the transferee(s) shall be required immediately to sell or transfer the CSG <br />Allocation or applicable portion to an eligible buyer in accordance with Section 6.2. <br /> <br />ARTICLE 11 <br />MISCELLANEOUS <br /> <br />11.1 Notices. Notices, or other documents required or permitted by this Agreement must be <br />given by personal delivery, reputable overnight courier, email, or U.S. certified mail postage prepaid and <br />shall be sent to the respective parties at the address listed on the first page of this Agreement. Notice <br />shall be deemed delivered (i) the day of delivery, if delivered by hand during the receiving party’s regular <br />business hours or by e-mail before or during the receiving party’s regular business hours, (ii) upon the <br />date of actually delivery or refusal shown on the courier’s delivery receipt if sent by overnight courier, <br />and (iii) on the fourth business day after deposit in the U.S. mail if sent by certified mail. Any party may <br />change the address for notice by notice to the other party. <br /> <br />11.2 No Third Party Beneficiaries. Nothing in this Agreement shall be construed to create any <br />duty to, or standard of care with reference to, or liability to, any person not a party to this Agreement. <br />Excepting the rights of Financing Parties and assignees expressly provided for herein, no provision of this <br />Agreement is intended to nor shall it in any way provide any rights to any third party or inure to the <br />benefit of any third party so as to constitute any such person a third party beneficiary under this <br />Agreement, or of any one or more of the terms of this Agreement, or otherwise give rise to any cause of <br />action in any person not a party to this Agreement. <br /> <br />11.3 Entire Agreement; Amendments. It is mutually understood and agreed that this <br />Agreement, and the Exhibits attached hereto, constitutes the entire agreement between Project <br />Subscriber and US Solar and supersedes any and all prior oral or written understandings, <br />representations or statements, and that no understandings, representations or statements, verbal or <br />written, have been made which modify, amend, qualify or affect the terms of this Agreement. This <br />Agreement may not be amended except in a writing executed by both parties; provided, however, that, <br />US Solar may amend Project and Project Site information and allocate your CSG Allocation among <br />Projects and Project Sites (prior to relevant CODs) without Project Subscriber’s prior consent, subject to <br />56