Common use of Defects Warranty Clause in Contracts

Defects Warranty. Each Seller warrants, with respect to each Project purchased by Purchaser under this Agreement from such Seller, that such Seller’s installation of the PV System for such Project shall be free from material defects in design of workmanship as of the date of installation for a period of *** from the date of installation (the “Warranty”); provided, however, that this Warranty shall not include any warranty statements beyond the scope of this Warranty. Upon a breach of the Warranty, the applicable Seller will, upon notice from Purchaser or Host Customer of a valid Warranty claim, at such Seller’s sole option, either repair or replace any defective parts or construction. Such Seller shall have reasonable access to the applicable Project site to the extent permitted by the Customer Agreements, as necessary to perform its Warranty obligations under this Agreement. All costs for the removal, replacement and reinstallation of all equipment and materials necessary to gain access to defective PV Systems and any other costs relating to corrective or remedial action shall be borne by the applicable Seller. This Warranty applies solely to the PV Systems and does not include (x) roof repair or maintenance or (y) site work, including but not limited to, grading and landscape maintenance, if applicable; provided, however, the applicable Seller shall, at its expense, repair any damage to the roof or Project site caused by such Seller, its Affiliates or its subcontractors. Panels, inverters and racking for each Project shall be procured from the approved vendors listed on Schedule 13 unless otherwise reasonably consented in writing by Investor (provided that no such approval or consent of Investor shall be required with respect to vendors from whom any equipment other than panels, inverters or racking is procured) and either (a) the warranties therefor shall by their terms run to the benefit of the Person that owns such equipment or the solar system into which such equipment is incorporated or (b) VSD or VSI, as applicable, shall transfer or cause to be transferred the warranties therefor by such manufacturers to Purchaser (which for panels shall be at least twenty (20) years from the date of installation and for inverters and racking shall be at least ten (10) years from the date of installation). Except as expressly set forth in this Section 3.4, neither Seller is providing any warranty with respect to any panels, inverters, racking or any other component of any Project.

Defects Warranty. Each Seller warrants, with respect to each Project purchased by Purchaser under this Agreement from such Seller, that such Seller’s installation of the PV System for such Project shall be free from material defects in design of workmanship as of the date of installation for a period of *** from the date of installation (the “Warranty”); provided, however, that this Warranty shall not include any warranty statements beyond the scope of this Warranty. Upon a breach of the Warranty, the applicable Seller will, upon notice from Purchaser or Host Customer of a valid Warranty claim, at such Seller’s sole option, either repair or replace any defective parts or construction. Such Seller shall have reasonable access to the applicable Project site to the extent permitted by the Customer Agreements, as necessary to perform its Warranty obligations under this Agreement. All costs for the removal, replacement and reinstallation of all equipment and materials necessary to gain access to defective PV Systems and any other costs relating to corrective or remedial action shall be borne by the applicable Seller. This Warranty applies solely to the PV Systems and does not include (x) roof repair or maintenance or (y) site work, including but not limited to, grading and landscape maintenance, if applicable; provided, however, the applicable Seller shall, at its expense, repair any damage to the roof or Project site caused by such Seller, its Affiliates or its subcontractors. Panels, inverters and racking for each Project shall be procured from the approved vendors listed on Schedule 13 unless otherwise reasonably consented in writing by Investor (provided that no such approval or consent of Investor shall be required with respect to vendors from whom any equipment other than panels, inverters or and racking is procured) and either ). Either (a) the warranties therefor for panels, inverters and racking shall by their terms run to the benefit of the Person that owns such equipment or the solar system into which such equipment is incorporated or (b) VSD or VSI, as applicable, shall transfer or cause to be transferred the warranties therefor for panels, inverters and racking by such manufacturers to Purchaser (which for panels shall be at least twenty (20) years from the date of installation and for inverters and racking shall be at least ten (10) years from the date of installation). Except as expressly set forth in this Section 3.4, neither Seller is providing any warranty with respect to any panels, inverters, racking or any other component of any Project.