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CC PACKET 11122024
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CC PACKET 11122024
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11/12/2024 4:36:49 PM
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11/12/2024 8:42:09 AM
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Clean Energy Project Agreement <br />1264 Energy Lane <br />Saint Paul, MN 55108 <br />800.620.3370 <br />AllEnergySolar.com <br />3 <br /> <br /> <br /> <br />15. Customer’s Responsibilities and Representations. <br />15.1. Installation. Customer is responsible for making the Property ready and in the condition Contractor used to create the Scope <br />of Work. During Installation, Customer shall not move, remove, modify, alter, or change in any way the equipment or any part <br />thereof without the prior written approval of Contractor. <br />15.2. Unanticipated Work. Customer is solely responsible for the coordination and expense of any unanticipated work during <br />installation due to subsurface or unknown physical conditions that differ from those described in the Scope of Work or this <br />Contract. If any unanticipated work is required (including, but not limited to, moving equipment once it has been installed, <br />moving or removing existing antennas, vents, conduit, or wires and coordinating and/or waiting for other job -site <br />contractors) Customer agrees to pay Contractor for the cost of any work outside the Scope of Work that Contractor performs <br />and Contractor will prepare a change order for the cost of the unanticipated work. <br />15.3. Tree Removal; Snow Removal; Cleaning of Panels. If necessary or if desired to improve the performance of the Clean Energy <br />Project, tree removal, tree trimming, snow removal and cleaning of solar panels are the sole responsibility of the Customer. <br />15.4. Pre-Existing Conditions. Customer acknowledges that proper operation of the equipment purchased hereunder may be <br />dependent upon Customer’s existing equipment and Contractor shall have no liability for equipment not purchased <br />hereunder. While Contractor will exercise all due care, Contractor will not be responsible for pre -existing conditions of any <br />roof or for damages or problems arising from such pre-existing conditions which may be aggravated by normal material <br />handling procedures on the roof. <br />15.5. Access to Work. Customer shall grant free access to work areas for workmen and vehicles, for utility and governmental <br />employees who may be required to inspect the Clean Energy Project or Property and shall allow areas for storage of materials <br />and rubbish. Customer agrees to keep driveways clear and available for movement and parking of trucks during normal work <br />hours. Contractor and workmen shall not be expected to keep gates closed for animals or children, or provide work area <br />security. Customer shall be responsible for keeping the work area free of animals and children. <br />16. Inspections, Building Department and Engineering Requirements. Contractor will coordinate and attend local building <br />department inspections as needed. Customer is expected to be at the final utility inspection if requested by the utility company. If <br />Contractor is required to attend additional or re-scheduled inspections not resulting from the acts or omissions of Contractor, such <br />attendance shall be considered Unanticipated Work and paid for by Customer as provided in Section 15.2 of this Agreement.. <br />Contractor will bill Customer, as Unanticipated Work for any direct expenses and time resulting from any additional building <br />department or engineering requirements including, but not limited to, requirements, as follows: (i) it becomes necessary to prepare <br />for or attend local building department meetings on Customer’s behalf; (ii) revisions must be made to Contractor’s standard p lans <br />and drawings; (iii) a structural engineer is required to evaluate Customer’s roof or rack foundation; (iv) soil or geological tests are <br />required; or (v) structural or electrical upgrades must be made to Customer’s existing facility. <br />17. List of Documents to Be Incorporated into the Contract. <br />17.1. Drawings, Specifications, Permits, and Fees. The work to be performed hereunder will be constructed according to the Scope <br />of Work. The Contract Price includes $1,000 for the work necessary to enable Contractor to obtain and pay the associated fees <br />for all required building permits and utility interconnection approval fees for the work. If the actual fees and expenses for <br />such work exceeds such amount, the excess amount shall be a reimbursable expense owed to Contractor by Customer. <br />Contractor will not charge Customer any costs for its own labor in obtaining those permits. All drawings and specifications <br />are intended to supplement one another and are incorporated by reference to this Contract. <br />17.2. Notice About Extra Work and Change Orders. Extra work and change orders (“Change Orders”) become part of the Contract <br />once an order is prepared and delivered in writing (which may include delivery by email) and approved by the Parties prior <br />to the commencement of any work covered by the Change Order. The Change Order must describe the scope of the extra <br />work or change, the cost to be added or subtracted from the Contract, and the effect the order will have on the schedule of <br />progress payments. Customer may not require Contractor to perform extra or Change Order work wit hout providing written <br />authorization prior to the commencement of work covered by the new Change Order. Contractor’s failure to comply with the <br />Change Order process does not preclude recovery of compensation for work performed based upon legal or equitable <br />remedies designed to prevent unjust enrichment. If installation is delayed by more than thirty (30)
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