Common use of Equipment and Services Warranty Clause in Contracts

Equipment and Services Warranty. Vendor warrants that, with respect to each System, for a period of two (2) years from the date of Substantial Completion, provided, however that if prior to Final Acceptance a Major Outage occurs, the two (2) year period shall be extended by the number of days elapsed between Substantial Completion and the date the Owner signs the Certificate of Final Acceptance (as so determined, the "Warranty Period"), all Equipment and Services furnished under this Contract with respect to such System will be free of Defects and Deficiencies and shall conform to the applicable portions of the Specifications (the "Equipment and Services Warranty"), provided, however, that with respect to those Services for which a warranty is set forth in an Exhibit, the warranty contained in the Exhibit shall supersede the general Services warranty contained in this Section 18. 1. With respect to third-party manufactured Products which are not a part of a Core System, Vendor shall furnish such Products only on a pass-through warranty basis; provided, however, that Vendor shall identify such Products to Owner before acceptance of any Purchase Order which includes any such Products. The terms of the warranty applicable to such Products shall be provided in an addendum to the Purchase Order. Except as noted in the B Exhibits, all Products referenced in the B Exhibits qualify as Vendor-warranted Products. The Vendor's obligations with respect to the Equipment and Services Warranty shall be to attempt first to repair or replace at no additional cost, any defective Equipment or correct any deficient Services. If, after using its best efforts to repair or replace such Product and after consultation with and with the consent of Owner, which consent shall not be unreasonably withheld, Vendor determines that it is unable to repair, replace or otherwise correct such defect, Vendor shall provide a credit or refund based on the original purchase price, and installation charges if installed by Vendor. If, as a result of the Defect and Deficiency, the Product fails to operate in accordance with the Specifications which causes the System to fail to materially operate in accordance with its Specifications, a refund shall be paid to the Owner on account of the purchase price for the total System, less a pro-rata discount calculated with regard to the period of time during the Warranty Period that Owner operated the System in In Revenue Service. For purposes of calculating such pro rata discount, the period of time the Owner would have been able to operate the System within In Revenue Service shall be: (i) ten (10) years from Substantial Completion for the AXE switch; and (ii) seven (7) years from Substantial Completion for all other Products. In the event that Vendor pays a refund hereunder, Owner shall return such Products to Vendor at Vendor's sole cost and expense. The Warranty Period for all Equipment or Services repaired, replaced or corrected under the Equipment and Services Warranty shall be the longer of: (i) one (1) year from the date of delivery of the repaired or replacement Equipment or from the completion of the corrected Services, as applicable; or (ii) or the unexpired term of the Warranty Period. The Warranty Period for Equipment purchased as spares shall be two (2) years from installation of such Equipment. For those Products not readily returnable by Owner, or where Owner cannot remove and reinstall the Products without incurring significant time and expense, and where Vendor elects to repair or replace the Product, Vendor shall repair or replace the Product at Owner's Site. In the event Vendor does the repair work at Owner's site, Vendor shall be responsible

Equipment and Services Warranty. Vendor 25.1 Seller warrants thatto Buyer that the Equipment: (a) upon commencement of the Rental Term will be fit for the purpose of generating electrical power, and operable, and (b) when properly installed, operated, and maintained in accordance with respect to each SystemSeller’s and manufacturer’s recommendations and the terms of the Contract, will remain fit for the purpose of generating electrical power, and operable; and that the Services will be performed in a period competent and diligent manner in accordance with any mutually agreed specifications, and in the absence of two (2) years from such mutually agreed specifications, in accordance with prudent industry standards. Seller provides no warranty for Balance of Plant, which is rented on an as-is basis, nor incidental materials and consumables utilized in the date performance of Substantial Completion, provided, however that if prior to Final Acceptance a Major Outage occurs, the two (2) year period shall be extended Services and only the warranty given by the number of days elapsed between Substantial Completion and manufacturer, if any, shall apply. 25.2 If any failure to meet the date the Owner signs the Certificate of Final Acceptance (as so determined, the "Warranty Period"), all foregoing Equipment and Services furnished under this Contract with respect to such System will be free of Defects warranty appears within the Rental Term, Buyer shall promptly notify Seller and Deficiencies and make the Equipment available promptly for correction. Seller shall conform to thereupon correct any defect by re-performing the applicable portions of the Specifications (the "defective Services. 25.3 The foregoing warranties for Equipment and Services Warranty"), provided, however, shall apply to defects that with respect to those Services for which a warranty is set forth in an Exhibit, appear within the warranty contained in the Exhibit shall supersede the general Services warranty contained in this Section 18Rental Term. 1. With respect 25.4 The reperformance of Services by Seller pursuant to third-party manufactured Products which are not a part of a Core System, Vendor shall furnish such Products only on a pass-through warranty basis; provided, however, that Vendor shall identify such Products to Owner before acceptance of any Purchase Order which includes any such Products. The terms of the warranty applicable to such Products shall be provided in an addendum to the Purchase Order. Except as noted in the B Exhibits, all Products referenced in the B Exhibits qualify as Vendor-warranted Products. The Vendor's obligations with respect to the Equipment and Services Warranty shall be to attempt first to repair or replace at no additional cost, any defective Equipment or correct any deficient Services. If, after using its best efforts to repair or replace such Product and after consultation with and with the consent of Owner, which consent Section 25.2 shall not be unreasonably withheld, Vendor determines that it is unable to repair, replace or otherwise correct such defect, Vendor shall provide a credit or refund based on extend the original purchase price, and installation charges if installed by Vendor. If, as a result of the Defect and Deficiency, the Product fails to operate in accordance with the Specifications which causes the System to fail to materially operate in accordance with its Specifications, a refund shall be paid to the Owner on account of the purchase price for the total System, less a pro-rata discount calculated with regard to the period of time during the Warranty Period that Owner operated the System in In Revenue Service. For purposes of calculating such pro rata discount, the period of time the Owner would have been able to operate the System within In Revenue Service shall be: (i) ten (10) years from Substantial Completion for the AXE switch; and (ii) seven (7) years from Substantial Completion for all other Products. In the event that Vendor pays a refund hereunder, Owner shall return such Products to Vendor at Vendor's sole cost and expense. The Warranty Period for all Equipment or Services repaired, replaced or corrected under the Equipment and Services Warranty shall be the longer of: (i) one (1) year from the date of delivery of the repaired or replacement Equipment or from the completion of the corrected Services, as applicable; or (ii) or the unexpired term duration of the Warranty Period. Seller shall not be responsible for removal or replacement of systems, structures or other portions of Buyer’s facility. The Warranty Period for Equipment purchased as spares condition of any tests shall be two mutually agreed upon and Seller shall be notified of and may be represented at all tests that may be made. 25.5 Seller does not warrant the Services or Equipment (2i) years against normal wear and tear including that due to environment or operation, including excessive operation at peak capability outside of the recommendations in Seller’s Operations and Maintenance manuals, type of fuel, detrimental air inlet conditions or erosion, corrosion or material deposits from installation of such Equipmentfluids or (ii) which have been involved in an accident. For those Products The warranties and remedies set forth herein are further conditioned upon the following: (i) if not readily returnable provided by Ownerthe Seller, or where Owner cannot remove and reinstall the Products without incurring significant time and expenseproper storage, installation, operation, and where Vendor elects to maintenance of the Equipment and conformance with the operation instruction manuals (including revisions thereto) provided by Seller and/or its subcontractors, as applicable and (ii) if not provided by the Seller, the repair or replace modification pursuant to Seller’s instructions or approval. Seller does not warrant any equipment or services of others designated by Buyer where such equipment or services are not normally supplied by Seller. 25.6 The preceding Sections of this Article 25 set forth the Productexclusive remedies for all claims based on failure of or defect in the Equipment and Services provided under the Contract, Vendor shall repair whether the failure or replace defect arises before or during the Product at Owner's SiteRental Term and whether a claim, however instituted, is based on contract, indemnity, warranty, tort (including negligence), strict liability or otherwise. In the event Vendor does the repair work at Owner's siteThe foregoing warranties are exclusive and are in lieu of all other warranties and guarantees whether written, Vendor shall be responsibleoral, implied or statutory. NO IMPLIED STATUTORY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE SHALL APPLY.

Equipment and Services Warranty. Vendor warrants that, with ------------------------------- respect to each System, for a period of two (2) years [*] from the date of Substantial Completion, provided, however that if prior to Final Acceptance a Major Outage occurs, the two (2) year [*] period shall be extended by the number of days elapsed between Substantial Completion and the date the Owner signs the Certificate of Final Acceptance (as so determined, the "Warranty Period"), all Equipment and Services --------------- furnished under this Contract with respect to such System will be free of Defects and Deficiencies and shall conform to the applicable portions of the Specifications (the "Equipment and Services Warranty"), provided, however, that ------------------------------- with respect to those Services for which a warranty is set forth in an Exhibit, the warranty contained in the Exhibit shall supersede the general Services warranty contained in this Section 18. 118.1. With respect to third-party manufactured Products which are not a part of a Core SystemOEM Equipment, Vendor shall furnish such Products only on a pass-through warranty basis; provided, however, that Vendor shall identify such Products to Owner before acceptance of any Purchase Order which includes any such Products. The terms of the warranty applicable to such Products shall be provided in an addendum to the Purchase Order. Except as noted in the B ExhibitsExhibit T2, all Products referenced in the B Exhibits Exhibit T2 qualify as Vendor-warranted Products. The Vendor's obligations with respect to the Equipment and Services Warranty shall be to attempt first to repair or replace at no additional cost, any defective Equipment or correct any deficient Services. If, after using its best commercially reasonable efforts to repair or replace such Product and after consultation with and with the consent of Owner, which consent shall not be unreasonably withheld, Vendor determines that it is unable to repair, replace or otherwise correct such defect, Vendor shall provide a credit or refund based on the original purchase price, and installation charges if installed by Vendor. If, as a result of the Defect and Deficiency, the Product fails to operate in accordance with the Specifications which causes the System to fail to materially operate in accordance with its Specifications, a refund shall be paid to the Owner on account of the purchase price for the total System, less a pro-rata discount calculated with regard to the period of time during the Warranty Period that Owner operated the System in In Revenue Service. For purposes of calculating such pro rata discount, the period of time the Owner would have been able to operate the System within in In Revenue Service shall be: (i) ten (10) years be [*] from Substantial Completion for the AXE switch; Switch and (ii) seven (7) years [*] from Substantial Completion for all other Products. In the event that Vendor pays a refund [*] Certain material (indicated by an asterisk) has been omitted from this document pursuant to a request for confidential treatment. The omitted material has been filed separately with the Securities and Exchange Commission. hereunder, Owner shall return such Products to Vendor at Vendor's sole cost and expense. The Warranty Period for all Equipment or Services repaired, replaced or corrected under the Equipment and Services Warranty shall be the longer of: (i) one (1) year of [*] from the date of delivery of the repaired or replacement Equipment or from the completion of the corrected Services, as applicable; , or (ii) or the unexpired term of the Warranty Period. The Warranty Period for Equipment purchased as spares shall be two (2) years [*] from installation of such Equipment. For those Products not readily returnable by Owner, or where Owner cannot remove and reinstall the Products without incurring significant time and expense, and where Vendor elects to repair or replace the Product, Vendor shall repair or replace the Product at Owner's Site. In the event Vendor does the repair work at Owner's site, Vendor shall be responsibleresponsible for replacement of cable and wire Products, and for reasonable Site restoration. If Vendor has elected to repair or replace a defective Product, and the Product is readily returnable by Owner without incurring significant work or expense, Owner is responsible for removing and reinstalling the Products. Products returned for repair or replacement will be accepted by Vendor only in accordance with its instructions and procedures for such returns. The transportation expense associated with returning such Product to Vendor shall be borne by Owner. Vendor shall pay the cost of transportation of the repaired or replacing Product to the return destination designated by Owner. Defective or nonconforming Products or parts which are replaced hereunder shall become Vendor's property. Vendor may use either the same or functionally equivalent new, remanufactured, reconditioned or refurbished Products or parts in the furnishing of repairs or replacements under this Contract, provided that such Products satisfy the Specifications.

Equipment and Services Warranty. Vendor warrants that, with respect ------------------------------- to each System, for a period of two (2) years from the date of Substantial Completion, provided, however that if prior to Final Acceptance a Major Outage occurs, the two (2) year period shall be extended by the number of days elapsed between Substantial Completion and the date the Owner signs the Certificate of Final Acceptance (as so determined, the "Warranty Period"), all Equipment and --------------- Services furnished under this Contract with respect to such System will be free of Defects and Deficiencies and shall conform to the applicable portions of the Specifications (the "Equipment and Services Warranty"), provided, however, that ------------------------------- with respect to those Services for which a warranty is set forth in an Exhibit, the warranty contained in the Exhibit shall supersede the general Services warranty contained in this Section 18. 1. With respect to third-party manufactured Products which are not a part of a Core System, Vendor shall furnish such Products only on a pass-through warranty basis; provided, however, that Vendor shall identify such Products to Owner before acceptance of any Purchase Order which includes any such Products. The terms of the warranty applicable to such Products shall be provided in an addendum to the Purchase Order. Except as noted in the B Exhibits, all Products referenced in the B Exhibits qualify as Vendor-warranted Products. The Vendor's obligations with respect to the Equipment and Services Warranty shall be to attempt first to repair or replace at no additional cost, any defective Equipment or correct any deficient Services. If, after using its best efforts to repair or replace such Product and after consultation with and with the consent of Owner, which consent shall not be unreasonably withheld, Vendor determines that it is unable to repair, replace or otherwise correct such defect, Vendor shall provide a credit or refund based on the original purchase price, and installation charges if installed by Vendor. If, as a result of the Defect and Deficiency, the Product fails to operate in accordance with the Specifications which causes the System to fail to materially operate in accordance with its Specifications, a refund shall be paid to the Owner on account of the purchase price for the total System, less a pro-rata discount calculated with regard to the period of time during the Warranty Period that Owner operated the System in In Revenue Commercial Service. For purposes of calculating such pro rata discount, the period of time the Owner would have been able to operate the System within In Revenue in Commercial Service shall be: (i) be ten (10) years from Substantial Completion for the AXE switch; 5 ESS(R) switch and (ii) seven (7) years from Substantial Completion for all other Products. In the event that Vendor pays a refund hereunder, Owner shall return such Products to Vendor at Vendor's sole cost and expense. The Warranty Period for all Equipment or Services repaired, replaced or corrected under the Equipment and Services Warranty shall be the longer of: of (i) one (1) year from the date of delivery of the repaired or replacement Equipment or from the completion of the corrected Services, as applicable; , or (ii) or the unexpired term of the Warranty Period. The Warranty Period for Equipment purchased as spares shall be two (2) years from installation of such Equipment. For those Products not readily returnable by Owner, or where Owner cannot remove and reinstall the Products without incurring significant time and expense, and where Vendor elects to repair or replace the Product, Vendor shall repair or replace the Product at Owner's Site. In the event Vendor does the repair work at Owner's site, Vendor shall be responsibleresponsible for replacement of cable and wire Products, and for reasonable Site restoration. If Vendor has elected to repair or replace a defective Product, and the Product is readily returnable by Owner without incurring significant work or expense, Owner is responsible for removing and reinstalling the Products. Products returned for repair or replacement will be accepted by Vendor only in accordance with its instructions and procedures for such returns. The transportation expense associated with returning such Product to Vendor shall be borne by Owner. Vendor shall pay the cost of transportation of the repaired or replacing Product to the return destination designated by Owner. Defective or nonconforming Products or parts which are replaced hereunder shall become Vendor's property. Vendor may use either the same or functionally equivalent new, remanufactured, reconditioned or refurbished Products or parts in the furnishing of repairs or replacements under this Contract, provided that such Products satisfy the Specifications.

Equipment and Services Warranty. Vendor warrants that, with ------------------------------- respect to each System, for a period of two (2) years from the date of Substantial Completion, provided, however that if prior to Final Acceptance a Major Outage occurs, the two (2) year period shall be extended by the number of days elapsed between Substantial Completion and the date the Owner signs the Certificate of Final Acceptance (as so determined, the "Warranty Period"), all --------------- Equipment and Services furnished under this Contract with respect to such System will be free of Defects and Deficiencies and shall conform to the applicable portions of the Specifications (the "Equipment and Services Warranty"), ------------------------------- provided, however, that with respect to those Services for which a warranty is set forth in an Exhibit, the warranty contained in the Exhibit shall supersede the general Services warranty contained in this Section 18. 1. With respect to third-party manufactured Products which are not a part of a Core System, Vendor shall furnish such Products only on a pass-through warranty basis; provided, however, that Vendor shall identify such Products to Owner before acceptance of any Purchase Order which includes any such Products. The terms of the warranty applicable to such Products shall be provided in an addendum to the Purchase Order. Except as noted in the B Exhibits, all Products referenced in the B Exhibits qualify as Vendor-warranted Products. The Vendor's obligations with respect to the Equipment and Services Warranty shall be to attempt first to repair or replace at no additional cost, any defective Equipment or correct any deficient Services. If, after using its best efforts to repair or replace such Product and after consultation with and with the consent of Owner, which consent shall not be unreasonably withheld, Vendor determines that it is unable to repair, replace or otherwise correct such defect, Vendor shall provide a credit or refund based on the original purchase price, and installation charges if installed by Vendor. If, as a result of the Defect and Deficiency, the Product fails to operate in accordance with the Specifications which causes the System to fail to materially operate in accordance with its Specifications, a refund shall be paid to the Owner on account of the purchase price for the total System, less a pro-rata discount calculated with regard to the period of time during the Warranty Period that Owner operated the System in In Revenue Service. For purposes of calculating such pro rata discount, the period of time the Owner would have been able to operate the System within In Revenue Service shall be: (i) ten (10) years from Substantial Completion for the AXE switch; and (ii) seven (7) years from Substantial Completion for all other Products. In the event that Vendor pays a refund hereunder, Owner shall return such Products to Vendor at Vendor's sole cost and expense. The Warranty Period for all Equipment or Services repaired, replaced or corrected under the Equipment and Services Warranty shall be the longer of: (i) one (1) year from the date of delivery of the repaired or replacement Equipment or from the completion of the corrected Services, as applicable; or (ii) or the unexpired term of the Warranty Period. The Warranty Period for Equipment purchased as spares shall be two (2) years from installation of such Equipment. For those Products not readily returnable by Owner, or where Owner cannot remove and reinstall the Products without incurring significant time and expense, and where Vendor elects to repair or replace the Product, Vendor shall repair or replace the Product at Owner's Site. In the event Vendor does the repair work at Owner's site, Vendor shall be responsibleresponsible for replacement of cable and wire Products, and for reasonable Site restoration. If Vendor has elected to repair or replace a defective Product, and the Product is readily returnable by Owner without incurring significant work or expense, Owner is responsible for removing and reinstalling the Products. Products returned for repair or replacement will be accepted by Vendor only in accordance with its instructions and procedures for such returns. The transportation expense associated with returning such Product to Vendor shall be borne by Owner. Vendor shall pay the cost of transportation of the repaired or replacing Product to the return destination designated by Owner. Defective or nonconforming Products or parts which are replaced hereunder shall become Vendor's property. Vendor may use either the same or functionally equivalent new, remanufactured, reconditioned or refurbished Products or parts in the furnishing of repairs or replacements under this Contract, provided that such Products satisfy the -------- ---- Specifications.

Equipment and Services Warranty. Vendor warrants that, with respect to each System, for a period of two (2) years from the date of Substantial Completion, provided, however that if prior to Final Acceptance a Major Outage occurs, the two (2) year period shall be extended by the number of days elapsed between Substantial Completion and the date the Owner signs the Certificate of Final Acceptance (as so determined, the "Warranty Period"), all Equipment and Services furnished under this Contract with respect to such System will be free of Defects and Deficiencies and shall conform to the applicable portions of the Specifications (the "Equipment and Services Warranty"), provided, however, that with respect to those Services for which a warranty is set forth in an Exhibit, the warranty contained in the Exhibit shall supersede the general Services warranty contained in this Section 18. 1. With respect to third-party manufactured Products which are not a part of a Core System, Vendor shall furnish such Products only on a pass-through warranty basis; 47 provided, however, that Vendor shall identify such Products to Owner before acceptance of any Purchase Order which includes any such Products. The terms of the warranty applicable to such Products shall be provided in an addendum to the Purchase Order. Except as noted in the B Exhibits, all Products referenced in the B Exhibits qualify as Vendor-warranted Products. The Vendor's obligations with respect to the Equipment and Services Warranty shall be to attempt first to repair or replace at no additional cost, any defective Equipment or correct any deficient Services. If, after using its best efforts to repair or replace such Product and after consultation with and with the consent of Owner, which consent shall not be unreasonably withheld, Vendor determines that it is unable to repair, replace or otherwise correct such defect, Vendor shall provide a credit or refund based on the original purchase price, and installation charges if installed by Vendor. If, as a result of the Defect and Deficiency, the Product fails to operate in accordance with the Specifications which causes the System to fail to materially operate in accordance with its Specifications, a refund shall be paid to the Owner on account of the purchase price for the total System, less a pro-rata discount calculated with regard to the period of time during the Warranty Period that Owner operated the System in In Revenue Service. For purposes of calculating such pro rata discount, the period of time the Owner would have been able to operate the System within in In Revenue Service shall be: (i) be ten (10) years from Substantial Completion for the AXE switch; 5 ESS switch and (ii) seven (7) years from Substantial Completion for all other Products. In the event that Vendor pays a refund hereunder, Owner shall return such Products to Vendor at Vendor's sole cost and expense. The Warranty Period for all Equipment or Services repaired, replaced or corrected under the Equipment and Services Warranty shall be the longer of: (i) of one (1) year from the date of delivery of the repaired or replacement Equipment or from the completion of the corrected Services, as applicable; , or (ii) or the unexpired term of the Warranty Period. The Warranty Period for Equipment purchased as spares shall be two (2) years from installation of such Equipment. For those Products not readily returnable by Owner, or where Owner cannot remove and reinstall the Products without incurring significant time and expense, and where Vendor elects to repair or replace the Product, Vendor shall repair or replace the Product at Owner's Site. In the event Vendor does the repair work at Owner's site, Vendor shall be responsibleresponsible for replacement of cable and wire Products, and for reasonable Site restoration. If Vendor has elected to repair or replace a defective Product, and the Product is readily returnable by Owner without incurring significant work or expense, Owner is responsible for removing and reinstalling the Products. Products returned for repair or replacement will be accepted by Vendor only in accordance with its instructions and procedures for such returns. The transportation expense associated with returning such Product to Vendor shall be borne by Owner. Vendor shall pay the cost of transportation of the repaired or replacing Product to the return destination designated by Owner. Defective or nonconforming Products or parts which are replaced hereunder shall become Vendor's property. Vendor may use either the same or functionally equivalent new, remanufactured, reconditioned or refurbished Products or parts in the furnishing of repairs or replacements under this Contract, provided that such Products satisfy the Specifications.