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Clean Energy Project Agreement 1264 Energy Lane Saint Paul, MN 55108 800.620.3370 AllEnergySolar.com 4 60 days once work has commenced due to acts or omissions of Customer, Contractor will have the option to require a Change Order is executed to account for any additional costs or changes to the construction schedules or may in its sole discretion cancel this Contract. As the clean energy industry is frequently dependent on suppliers’ manufacturing capacity and deliveries to the United States at the time immediately prior to installation, minor variations in parts due to substitutions of like product will result in invoices being adjusted accordingly. For purposes of this Contract, the term “like product” means products of like quality and price-performance to the equipment specified. 17.3. Attachments. The following are incorporated by reference to this Contract: Scope of Work; List of Work Exclusions; Payment Schedules; and, if applicable, State-Specific Terms & Conditions. 18. Insurance Coverage. Contractor carries workers compensation insurance as required by law and commercial general liability insurance. Upon request by Customer, Contractor shall provide Customer with a certificate of insurance verifying such coverage. 19. Title to Equipment and Right to Remove. Title to the equipment and materials supplied by Contractor will remain with Contractor and not pass to Customer until all sums due Contractor have been paid. Contractor may, at its option, remove any portion of materials equivalent in value to any payment required hereunder and not paid within sixty (60) days after receipt of proper invoices thereunder without limiting Contractor’s rights herein. 20. Risk of Loss. Customer shall assume the risk of loss for all materials and equipment which are to be included in Contractor’s work hereunder at such time as the materials and equipment are attached to the Property. 21. Cleanup. Contractor shall keep the project free from accumulation of debris, waste materials, or rubbish caused by its operations. On completion of the work, Contractor will remove all debris, waste materials, rubbish, and surplus material brought on the Property by Contractor from Customer’s property. 22. Limited Warranty. 22.1. Limited Warranty – Repair or Replacement. Contractor warrants the Clean Energy Project against defective workmanship for the following period [ 60 ] months. This warranty provides for no-cost repair or replacement of the Clean Energy Project to the extent the problems requiring replacement or repair results from defects in Contractor’s services under this Contract. Defects in workmanship or otherwise related to or arising from specific equipment within the Clean Energy Project manufactured by third parties are excluded from Contractor’s warranty obligations. Contractor shal l make available to Customer all warranty documents relative to the equipment and materials incorporated in the Clean Energy Project as provided by the applicable manufacturers. If requested by Customer, Contractor will act as the warranty administrator for such manufacturer warranties and will, on a reasonable compensation basis, provide support for Customer in pursuing any manufacturer warranty claims. Repair or replacement as provided under Contractor’s workmanship warranty is the exclusive remedy of Customer against Contractor for defects in workmanship. The workmanship warranty period will not be extended, nor will a new warranty period begin, upon any repair or replacement performed by Contractor under this warranty. 22.2. Exclusions. This limited warranty excludes the following conditions: (i) failure to properly operate or maintain the Clean Energy Project in accordance with printed instructions provided with the Clean Energy Project; (ii) any repair or replacement using a part or service not provided or authorized in writing by Contractor; (iii) damages caused by, in Contractor’s judgment, Customer or third party abuse, accident, alteration, improper maintenance or installation, pre - existing roof conditions, removal by anyone other than Contractor or an authorized Contractor representative, misuse, negligence or vandalism, riots, animal damage, or environmental pollution such as soot, salt damage, acid rain, earthquake, fire, flood, extreme weather conditions such as high wind or frozen water buildup, or other acts of God or other unforeseen conditions that are beyond Contractor’s control; (iv) Clean Energy Projects with the type or serial number(s) altered, removed, or illegible; and (v) cosmetic defects, such as discoloration or scratches, caused by normal wear and tear. Contractor’s Limited Warranty for defective workmanship does not guarantee a specific power output or, if applicable, storage or charging capacity from the Clean Energy Project or guarantee Customer any return on investment in the Clean Energy Project.