Appointment of Independent Engineer. For the purposes of this ARTICLE III, Seller and the Buyer will appoint the Independent Engineer effective as from the Agreement Date. The Independent Engineer may be replaced upon the mutual agreement of Seller and Buyer at any time. The Independent Engineer shall act as independent engineer, reviewer, and certifier as contemplated in this Agreement. The Independent Engineer’s duties will include a duty of care to the Buyer’s Lender. The Independent Engineer will, among other things, witness the commissioning and testing of each Bloom System and the BOF Work pursuant to this ARTICLE III (the “Independent Engineer”). All fees and costs payable in respect of the Independent Engineer (including those incurred in making such appointment) shall be borne by Seller.
Appears in 3 contracts
Samples: Purchase, Use and Maintenance Agreement (Bloom Energy Corp), Purchase, Use and Maintenance Agreement (Bloom Energy Corp), Purchase, Use and Maintenance Agreement (Bloom Energy Corp)
Appointment of Independent Engineer. For the purposes of this ARTICLE III, Seller and the Buyer will appoint the Independent Engineer effective as from the Agreement Date. The Independent Engineer may be replaced upon the mutual agreement of Seller and Buyer at any time. The Independent Engineer shall act as independent engineer, reviewer, and certifier as contemplated in this Agreement. The Independent Engineer’s duties will include a duty of care to the Buyer’s LenderLenders. The Independent Engineer will, among other things, witness the commissioning and testing of each Bloom System and the BOF Work pursuant to this ARTICLE III (the “Independent Engineer”). All fees and costs payable in respect of the Independent Engineer (including those incurred in making such appointment) shall be borne by Seller.
Appears in 3 contracts
Samples: Purchase Agreement (Bloom Energy Corp), Purchase, Use and Maintenance Agreement (Bloom Energy Corp), Purchase, Use and Maintenance Agreement (Bloom Energy Corp)
Appointment of Independent Engineer. For the purposes of this ARTICLE III, Seller and the Buyer will appoint appointed the Independent Engineer effective as from the Agreement Date. The Independent Engineer may be replaced upon the mutual agreement of Seller and Buyer at any timeJuly 19, 2013. The Independent Engineer shall act as independent engineer, reviewer, and certifier as contemplated in this Agreement. The Independent Engineer’s duties will include a duty of care to the Buyer’s Lender. The Independent Engineer will, among other things, witness the commissioning and testing of each Bloom System and the BOF Work pursuant to this ARTICLE III (the “Independent Engineer”). All fees and costs payable in respect of the Independent Engineer (including those incurred in making such appointment) shall be borne by Seller.
Appears in 2 contracts
Samples: Master Energy Server Purchase and Services Agreement (Bloom Energy Corp), Master Energy Server Purchase and Services Agreement (Bloom Energy Corp)
