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Clean Energy Project Agreement
<br />1264 Energy Lane
<br />Saint Paul, MN 55108
<br />800.620.3370
<br />AllEnergySolar.com
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<br />23. Limitation of Warranty. THE WARRANTIES SET FORTH IN SECTION 22 ABOVE SHALL CONSTITUTE THE ONLY
<br />WARRANTIES APPLICABLE TO THIS CONTRACT, THE CLEAN ENERGY PROJECT AND WORK PERFORMED
<br />HEREUNDER. CONTRACTOR HEREBY EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR
<br />IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
<br />PARTICULAR PURPOSE, USE OR APPLICATION, AND ALL OTHER OBLIGATIONS OR LIABILITIES. UNLESS EXPRESSLY
<br />ADDRESSED IN THIS CONTRACT, CONTRACTOR SHALL HAVE NO OBLIGATION TO PERFORM THE SCOPE OF WORK
<br />IN A MANNER DESIGNED TO PRESERVE ANY THIRD-PARTY WARRANTIES, EXCEPT FOR THE WARRANTIES FOR ANY
<br />EQUIPMENT THAT CONTRACTOR IS PROVIDING AS PART OF THE CLEAN ENERGY PROJECT.
<br />24. No Consequential Damages. EXCEPT TO THE EXTENT EXPRESSLY PROVIDED ELSEWHERE IN THIS CONTRACT,
<br />NEITHER CONTRACTOR NOR CUSTOMER SHALL BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL
<br />DAMAGES, LOSS OF USE, LOSS OF PROFITS, LOSS OF PRODUCTION, OR LOSS OF REVENUES FOR ANY REASON
<br />WHATSOEVER.
<br />25. Limitation of Liability. CONTRACTOR’S SOLE LIABILITY, AND CUSTOMER’S SOLE REMEDY, WITH RESPECT TO ANY
<br />WORK AND MATERIALS WHICH BREACH CONTRACTOR’S OBLIGATIONS UNDER THIS CONTRACT SHALL BE FOR
<br />CONTRACTOR TO REPAIR, REPLACE OR RE-PERFORM THE DEFECTIVE OR NONCONFORMING WORK AND
<br />MATERIAL WITHIN A COMMERCIALLY REASONABLE PERIOD OF TIME AFTER WRITTEN REQUEST BY CUSTOMER.
<br />IN NO EVENT SHALL CONTRACTOR’S LIABILITY TO CUSTOMER FOR ANY OTHER TYPE OF CLAIM ARISING FROM
<br />CONTRACTOR’S ACTS OR OMISSIONS RELATING TO THE WORK PERFORMED UNDER THIS AGREEMENT EXCEED
<br />PAYMENTS MADE BY CUSTOMER TO CONTRACTOR; PROVIDED, HOWEVER, THAT THIS LIMIT SHALL NOT PREVENT
<br />CUSTOMER FROM RECEIVING ANY INSURANCE PROCEEDS ACTUALLY MADE AVAILABLE BY CONTRACTOR’S
<br />LIABILITY INSURER TO COMPENSATE CUSTOMER FOR SUCH CLAIM.
<br />26. Notice. All notices and other communications permitted or required to be given hereunder shall be delivered or sent by email,
<br />facsimile, nationally-recognized courier service, registered or certified mail, return receipt requested, addressed to the Party at
<br />the address set forth below, or to such other address as such Party may desi gnate in writing to the other:
<br />If to Contractor: All Energy Solar, Inc.
<br />1264 Energy Lane
<br />Saint Paul, MN 55108
<br />Email: info@allenergysolar.com
<br />Attention:
<br />If to Customer:
<br />Attention:
<br />Any such notice shall be deemed to have been given upon the earlier of receipt, the date of delivery for email, one (1) busin ess
<br />day following delivery to such nationally-recognized courier service, when sent by confirmed facsimile, if sent during normal
<br />business hours of the recipient, if not so confirmed, then on the next business day, or three (3) business days following mai ling
<br />by registered or certified mail.
<br />27. Assignment; Third-Party Beneficiaries. Customer may not transfer or assign this Contract and its rights and obligations herein
<br />to a successor or purchaser of the Property or an interest therein. There are no third-party beneficiaries to this Contract. Nothing
<br />in this Contract shall create a contractual relationship with or a cause of action in favor of a third -party against either Party.
<br />Notwithstanding the above, (i) Contractor may assign this Contract without notice to or cons ent of Customer in the event of a
<br />merger, reorganization, consolidation or sale of all or substantially all of Contractor’s assets, and (ii) if all or any of this Cont ract
<br />is to be financed through a financial institution, Customer may assign its rights h ereunder to such institutions. Customer and
<br />Contractor will make, execute and deliver all forms reasonably required by a lender for such purposes.
<br />28. Default. Either of the following occurrences or events, by or against Contractor and by or against Customer, shall constitute a
<br />default under this Contract: (a) a material breach of any of the terms, conditions, representations, warranties, or guarantee s
<br />expressed in this Contract; or (b) filing of a voluntary petition in bankruptcy or confession of insolvency. In the event that a Party
<br />is in default of this Contract, and fails to cure such default thirty (30) days following receipt of written notice form the non-
<br />defaulting Party that an event of default has occurred, then this Contract may be terminated by the no n-defaulting Party.
<br />29. Costs; Attorneys’ Fees. If the Contract Price is not paid when due, Customer shall pay all costs of collection, including reasonable
<br />attorneys’ fees. The prevailing Party in any legal action or arbitration proceeding related to this Contract shall be entitled to
<br />receive from the other Party, in addition to any other relief that may be granted, their reasonable attorneys’ fees paid to outside
<br />legal counsel, costs, and expenses incurred in the action or proceeding.
<br />3301 Silver Lake Rd
<br />St. Anthony, MN 55418
<br />Charlie Yunker
<br />Samuel Wood
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