Common use of Exclusions and Disclaimer Clause in Contracts

Exclusions and Disclaimer. The limited warranties and guarantee provided in this Limited Warranty do not apply to any lost power production or any repair, replacement or correction required due to the following: (i) someone other than SolarCity or its approved service providers installed, removed, re-installed or repaired the System; (ii) destruction or damage to the System or its ability to safely produce power not caused by SolarCity or its approved service providers while servicing the System (e.g. if a tree falls on the System we will replace the System per the Lease, but we will not repay you for power it did not produce); (iii) your failure to perform, or breach of, your obligations under the Lease (e.g. you modify or alter the System); (iv) your breach of this Limited Warranty, including your being unavailable to provide access or assistance to us in diagnosing or repairing a problem, or your failing to maintain the System as stated in the Solar Operation and Maintenance Guide; (v) any Force Majeure Event (as defined below); (vi) shading from foliage that is new growth or is not kept trimmed to its appearance on the date the System was installed; (vii) any system failure or lost production not caused by a System defect (e.g. the System is not producing power because it has been removed to make roof repairs or you have required us to locate the inverter in a non- shaded area); (viii) theft of the System (e.g. if the System is stolen we will replace the System per the Lease, but we will not repay you for the power it did not produce); (ix) damage to your Home, belongings or property that results from our roof penetrations after the end of the Roof Warranty; and (x) damage or loss to the System due to ball strikes. This Limited Warranty gives you specific rights, and you may also have other rights which vary from state to state. This Limited Warranty does not warrant any specific electrical performance of the System, other than that described above. Snow or ice may accumulate on rooftops and on solar panels during snow storms. Accumulated snow or ice may slide or fall, resulting in property damage or bodily harm. If and when conditions safely allow you to remove accumulated snow or ice, you should do so to reduce the likelihood of excess snow sliding or falling. THE LIMITED WARRANTIES DESCRIBED IN SECTIONS 2(a) ABOVE ARE THE ONLY EXPRESS WARRANTIES MADE BY SOLARCITY WITH RESPECT TO THE SYSTEM. SOLARCITY HEREBY DISCLAIMS, AND ANY BENEFICIARY OF THIS LIMITED WARRANTY HEREBY WAIVES, ANY WARRANTY WITH RESPECT TO ANY COST SAVINGS FROM USING THE SYSTEM. SOME STATES DO NOT ALLOW SUCH LIMITATIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 5 contracts

Samples: Solar Lease Agreement, Solarlease Agreement, Solarlease Agreement

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Exclusions and Disclaimer. The limited warranties and guarantee provided in this Limited Warranty do not apply to any lost power production or any repair, replacement or correction required due to the following: (i) someone other than SolarCity or its Solar Provider’s approved service providers (such as Installer) installed, removed, re-installed or repaired the System; (ii) destruction or damage to the System or its ability to safely produce power not caused by SolarCity Solar Provider or its approved service providers while servicing the System (e.g. if a tree falls on the System we will replace the System per the LeaseSolar Power Agreement, but we will not repay you for power it did not produce); (iii) your failure to perform, or breach of, your obligations under the Lease Solar Power Agreement (e.g. you modify or alter the System); (iv) your breach of this Limited Warranty, including your being unavailable to provide access or assistance to us and our service providers in diagnosing or repairing a problem, or your failing to maintain the System as stated in the Solar Operation and Maintenance Guide; (v) any Force Majeure Event (as defined below); (vi) any condition existing at the Property prior to the installation of the System; (vii) shading from foliage that is new growth or is not kept trimmed to its appearance on the date the System was installed; (viiviii) any system failure or lost production not caused by a System defect (e.g. the System is not producing power because it has been removed to make roof repairs or you have required us to locate the inverter in a non- non-shaded area);; and (viiiix) theft of the System (e.g. if the System is stolen we will replace the System per the LeaseSolar Power Agreement, but we will not repay you for the power it did not produce); (ix) damage to your Home, belongings or property that results from our roof penetrations after the end of the Roof Warranty; and (x) damage or loss to the System due to ball strikes. This Limited Warranty gives you specific rights, and you may also have other rights which vary from state to state. This Limited Warranty does not warrant any specific electrical performance of the System, other than that described above. Snow or ice may accumulate on rooftops and on solar panels during snow storms. Accumulated snow or ice may slide or fallTO THE FULLEST EXTENT PERMITTED BY LAW, resulting in property damage or bodily harm. If and when conditions safely allow you to remove accumulated snow or ice, you should do so to reduce the likelihood of excess snow sliding or falling. THE LIMITED WARRANTIES DESCRIBED IN SECTIONS SECTION 2(a) ABOVE ARE THE ONLY EXPRESS WARRANTIES MADE BY SOLARCITY SOLAR PROVIDER WITH RESPECT TO THE SYSTEM. SOLARCITY SOLAR PROVIDER HEREBY DISCLAIMS, AND YOU AND ANY OTHER BENEFICIARY OF THIS LIMITED WARRANTY HEREBY WAIVES, ANY OTHER WARRANTY WITH RESPECT TO THE SYSTEM, ITS OPERATION OR ANY COST SAVINGS FROM USING THE SYSTEM. SOME STATES DO NOT ALLOW SUCH LIMITATIONSTHE REPAIR, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOUREPLACEMENT AND PAYMENT REMEDIES DESCRIBED UNDER THIS LIMITED WARRANTY ARE YOUR SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF THIS LIMITED WARRANTY.

Appears in 2 contracts

Samples: Solar Power Agreement, Solar Power Agreement

Exclusions and Disclaimer. The limited warranties and guarantee guaranty provided in this Limited Warranty do not apply to any lost power production or any repair, replacement or correction required due to the following: (i) someone other than SolarCity Sunnova or its approved service providers installed, removed, re-installed or repaired the System; (ii) destruction or damage to the System or its ability to safely produce power not caused by SolarCity Sunnova or its approved service providers while servicing the System (e.g. if a tree falls on the System we will replace the System per the Lease, but we will not repay you for power it did not produce); (iii) your failure to perform, or breach of, your obligations under the Lease (e.g. you modify or alter the System); (iv) your breach of this Limited Warranty, including your being unavailable to provide access or assistance to us in diagnosing or repairing a problem, or your failing to maintain the System as stated in the Solar Operation and Maintenance Guide; (v) any Force Majeure Event (as defined below); (vi) shading from foliage that is new growth or is not kept trimmed to its appearance on the date the System was installed; (vii) any system failure or lost production not caused by a System defect (e.g. the System is not producing power because it has been removed to make roof repairs or you have required us to locate the inverter in a non- non-shaded area);; and (viii) theft of the System (e.g. if the System is stolen we will replace the System per the Lease, but we will not repay you for the power it did not produce); (ix) damage to your Home, belongings or property that results from our roof penetrations after the end of the Roof Warranty; and (x) damage or loss to the System due to ball strikes. This Limited Warranty gives you specific rights, and you may also have other rights which vary from state to state. This Limited Warranty does not warrant any specific electrical performance of the System, other than that described above. Snow or ice may accumulate on rooftops and on solar panels during snow storms. Accumulated snow or ice may slide or fall, resulting in property damage or bodily harm. If and when conditions safely allow you to remove accumulated snow or ice, you should do so to reduce the likelihood of excess snow sliding or falling. THE LIMITED WARRANTIES DESCRIBED IN SECTIONS 2(a) and (c) ABOVE ARE THE ONLY EXPRESS WARRANTIES MADE BY SOLARCITY SUNNOVA WITH RESPECT TO THE SYSTEM. SOLARCITY HEREBY XXXXXXX XXXXXX DISCLAIMS, AND ANY BENEFICIARY OF THIS LIMITED WARRANTY HEREBY WAIVES, ANY WARRANTY WITH RESPECT TO ANY COST SAVINGS FROM USING THE SYSTEM. SOME STATES DO NOT ALLOW SUCH LIMITATIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 2 contracts

Samples: Solar Lease Agreement, Solar Lease Agreement

Exclusions and Disclaimer. The limited warranties and guarantee provided in this Limited Warranty do not apply to any lost power production or any repair, replacement or correction required due to the following: (i) someone other than SolarCity Sunnova or its approved service providers installed, removed, re-installed or repaired the System; (ii) destruction or damage to the System or its ability to safely produce power not caused by SolarCity Sunnova or its approved service providers while servicing the System (e.g. e.g., if a tree falls on the System we will replace the System per the LeasePower Purchase Agreement, but we will not repay you for power it did not produce); (iii) your failure to perform, or breach of, your obligations under the Lease Power Purchase Agreement (e.g. e.g., you modify or alter the System); (iv) your breach of this Limited Warranty, including your being unavailable to provide access or assistance to us in diagnosing or repairing a problem, or your failing to maintain the System as stated in the Solar Operation and Maintenance Guide; (v) any Force Majeure Event (as defined below); (vi) shading from foliage that is new growth or is not kept trimmed to its appearance on the date the System was installed; (vii) any system failure or lost production not caused by a System defect (e.g. e.g., the System is not producing power because it has been removed to make roof repairs or you have required us to locate the inverter in a non- non-shaded area);; and (viii) theft of the System (e.g. e.g., if the System is stolen we will replace the System per the LeasePower Purchase Agreement, but we will not repay you for the power it did not produce); (ix) damage to your Home, belongings or property that results from our roof penetrations after the end of the Roof Warranty; and (x) damage or loss to the System due to ball strikes. This Limited Warranty gives you specific rights, and you may also have other rights which vary from state to state. This Limited Warranty does not warrant any specific electrical performance of the System, other than that described above. Snow or ice may accumulate on rooftops and on solar panels during snow storms. Accumulated snow or ice may slide or fall, resulting in property damage or bodily harm. If and when conditions safely allow you to remove accumulated snow or ice, you should do so to reduce the likelihood of excess snow sliding or falling. THE LIMITED WARRANTIES DESCRIBED IN SECTIONS SECTION 2(a) ABOVE ARE THE ONLY EXPRESS WARRANTIES MADE BY SOLARCITY SUNNOVA WITH RESPECT TO THE SYSTEM. SOLARCITY HEREBY XXXXXXX XXXXXX DISCLAIMS, AND ANY BENEFICIARY OF THIS LIMITED WARRANTY HEREBY WAIVES, ANY WARRANTY WITH RESPECT TO ANY COST SAVINGS FROM USING THE SYSTEM. SOME STATES DO NOT ALLOW SUCH LIMITATIONSWITHOUT LIMITING THE FOREGOING THERE ARE NO OTHER REPRESENTATIONS OR WARRANTIES, SO EXPRESS OR IMPLIED, AS TO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOUMERCHANTABILITY, FITNESS FOR ANY PURPOSE, CONDITION, DESIGN, CAPACITY, SUITABILITY OR PERFORMANCE OF THE SYSTEM OR ITS INSTALLATION.

Appears in 2 contracts

Samples: Solar Services Agreement, Solar Services Agreement

Exclusions and Disclaimer. The limited warranties and guarantee provided in this Limited Warranty do not apply to any lost power production or any repair, replacement or correction required due to the following: (i) someone other than SolarCity or its approved service providers installed, removed, re-installed or repaired the System; (ii) destruction or damage to the System or its ability to safely produce power not caused by SolarCity or its approved service providers while servicing the System (e.g. e.g., if a tree falls on the System we will replace the System per the LeasePower Purchase Agreement, but we will not repay you for power it did not produce); (iii) your failure to perform, or breach of, your obligations under the Lease Power Purchase Agreement (e.g. e.g., you modify or alter the System); (iv) your breach of this Limited Warranty, including your being unavailable to provide access or assistance to us in diagnosing or repairing a problem, or your failing to maintain the System as stated in the Solar Operation and Maintenance Guide; (v) any Force Majeure Event (as defined below); (vi) shading from foliage that is new growth or is not kept trimmed to its appearance on the date the System was installed; (vii) any system failure or lost production not caused by a System defect (e.g. e.g., the System is not producing power because it has been removed to make roof repairs or you have required us to locate the inverter in a non- non-shaded area); (viii) theft of the System (e.g. e.g., if the System is stolen we will replace the System per the LeasePower Purchase Agreement, but we will not repay you for the power it did not produce); (ix) damage to your Home, belongings or property that results from our roof penetrations after the end of the Roof Warranty; and (xix) damage or loss to the System due to ball strikes. This Limited Warranty gives you specific rights, and you may also have other rights which vary from state to state. This Limited Warranty does not warrant any specific electrical performance of the System, System other than that described above. Snow or ice may accumulate on rooftops and on solar panels during snow storms. Accumulated snow or ice may slide or fall, resulting in property damage or bodily harm. If and when conditions safely allow you to remove accumulated snow or ice, you should do so to reduce the likelihood of excess snow sliding or falling. THE LIMITED WARRANTIES DESCRIBED IN SECTIONS 2(a) and (c) ABOVE ARE THE ONLY EXPRESS WARRANTIES MADE BY SOLARCITY WITH RESPECT TO THE SYSTEM. SOLARCITY HEREBY DISCLAIMS, AND ANY BENEFICIARY OF THIS LIMITED WARRANTY HEREBY WAIVES, ANY WARRANTY WITH RESPECT TO ANY COST SAVINGS FROM USING THE SYSTEM. SOME STATES DO NOT ALLOW SUCH LIMITATIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 2 contracts

Samples: Power Purchase Agreement, Ppa Transfer Agreement

Exclusions and Disclaimer. The limited warranties and guarantee provided in this a. This Limited Warranty do does not apply to any lost power production or any repair, replacement replacement, or correction required due to the following: (i) someone other than SolarCity Installer or its approved service providers installed, removed, re-installed installed, or repaired the PV System; (ii) destruction or damage to the PV System or its ability to safely produce power not caused by SolarCity Installer or its approved service providers while servicing the PV System (e.g. if a tree falls on the System we PV System, Installer will replace the PV System per the Leaseunder this Warranty, but we will not repay you for power it did not produce); (iii) your failure to perform, or breach of, your obligations under the Lease Agreement (e.g. you modify or alter the PV System); (iv) your breach of this Limited Warranty, including your you being unavailable to provide access or assistance to us Installer in diagnosing or repairing a problem, or your failing to maintain the System as stated in the Solar Operation and Maintenance Guide; (v) any Force Majeure Event (as defined below); (vi) shading from foliage that is new growth or is not kept trimmed to its appearance on the date the PV System was installed; (vii) any system failure or lost production not caused by a PV System defect (e.g. the PV System is not producing power because it has been removed to make roof repairs or you have required us to locate the inverter in a non- shaded arearepairs);; and (viii) theft of the PV System (e.g. if the PV System is stolen we stolen, Installer will replace the PV System per the Leaseunder this Warranty, but we will not repay you for the power it did not produce); (ix) . You acknowledge that installation of the PV System may void any existing roof warranty. Installer will only be responsible for repairs or damage to your Home, belongings or property that results from our roof penetrations after the end directly related to installation of the Roof Warranty; and (x) damage or loss to the System due to ball strikes. This Limited Warranty gives you specific rights, and you may also have other rights which vary from state to state. This Limited Warranty does not warrant any specific electrical performance of the PV System, other than that described above. Snow or ice may accumulate on rooftops and on solar panels during snow storms. Accumulated snow or ice may slide or fall, resulting in property damage or bodily harm. If and when conditions safely allow while you to remove accumulated snow or ice, you should do so to reduce are within the likelihood of excess snow sliding or falling. THE LIMITED WARRANTIES DESCRIBED IN SECTIONS 2(a) ABOVE ARE THE ONLY EXPRESS WARRANTIES MADE BY SOLARCITY WITH RESPECT TO THE SYSTEM. SOLARCITY HEREBY DISCLAIMS, AND ANY BENEFICIARY OF THIS LIMITED WARRANTY HEREBY WAIVES, ANY WARRANTY WITH RESPECT TO ANY COST SAVINGS FROM USING THE SYSTEM. SOME STATES DO NOT ALLOW SUCH LIMITATIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOUWarranty Period.

Appears in 1 contract

Samples: Subcontract Agreement

Exclusions and Disclaimer. The limited warranties and guarantee provided in this Limited Warranty do not apply to any lost power production or any repair, replacement or correction required due to the following:: DocuSign Envelope ID: FF441F9F-A9CA-475A-8C9E-25FDD366EF03 (i) someone other than SolarCity or its approved service providers installed, removed, re-installed or repaired the System; (ii) destruction or damage to the System or its ability to safely produce power not caused by SolarCity or its approved service providers while servicing the System (e.g. if a tree falls on the System we will replace the System per the Lease, but we will not repay you for power it did not produce); (iii) your failure to perform, or breach of, your obligations under the Lease (e.g. you modify or alter the System); (iv) your breach of this Limited Warranty, including your being unavailable to provide access or assistance to us in diagnosing or repairing a problem, or your failing to maintain the System as stated in the Solar Operation and Maintenance Guide; (v) any Force Majeure Event (as defined below); (vi) shading from foliage that is new growth or is not kept trimmed to its appearance on the date the System was installed; (vii) any system failure or lost production not caused by a System defect (e.g. the System is not producing power because it has been removed to make roof repairs or you have required us to locate the inverter in a non- shaded area); (viii) theft of the System (e.g. if the System is stolen we will replace the System per the Lease, but we will not repay you for the power it did not produce); (ix) damage to your Home, belongings or property that results from our roof penetrations after the end of the Roof Warranty; and (x) damage or loss to the System due to ball strikes. This Limited Warranty gives you specific rights, and you may also have other rights which vary from state to state. This Limited Warranty does not warrant any specific electrical performance of the System, other than that described above. Snow or ice may accumulate on rooftops and on solar panels during snow storms. Accumulated snow or ice may slide or fall, resulting in property damage or bodily harm. If and when conditions safely allow you to remove accumulated snow or ice, you should do so to reduce the likelihood of excess snow sliding or falling. THE LIMITED WARRANTIES DESCRIBED IN SECTIONS 2(a) ABOVE ARE THE ONLY EXPRESS WARRANTIES MADE BY SOLARCITY WITH RESPECT TO THE SYSTEM. SOLARCITY HEREBY DISCLAIMS, AND ANY BENEFICIARY OF THIS LIMITED WARRANTY HEREBY WAIVES, ANY WARRANTY WITH RESPECT TO ANY COST SAVINGS FROM USING THE SYSTEM. SOME STATES DO NOT ALLOW SUCH LIMITATIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Lease Transfer Agreement

Exclusions and Disclaimer. The limited warranties and guarantee provided in this Limited Warranty do not apply to any lost power production or any repair, replacement or correction required due to the following: (i) someone other than SolarCity [Provider] or its approved service providers installed, removed, re-installed or repaired the System; (ii) destruction or damage to the System or its ability to safely produce power not caused by SolarCity [Provider] or its approved service providers while servicing the System (e.g. e.g., if a tree falls on the System we will replace the System per the LeasePower Purchase Agreement, but we will not repay you for power it did not produce); (iii) your failure to perform, or breach of, your obligations under the Lease Power Purchase Agreement (e.g. e.g., you modify or alter the System); (iv) your breach of this Limited Warranty, including your being unavailable to provide access or assistance to us in diagnosing or repairing a problem, or your failing to maintain the System as stated in the Solar Operation and Maintenance Guide; (v) any Force Majeure Event (as defined below); (vi) shading from foliage that is new growth or is not kept trimmed to its appearance on the date the System was installed; (vii) any system failure or lost production not caused by a System defect (e.g. e.g., the System is not producing power because it has been removed to make roof repairs or you have required us to locate the inverter in a non- non-shaded area);; and (viii) theft of the System (e.g. e.g., if the System is stolen we will replace the System per the LeasePower Purchase Agreement, but we will not repay you for the power it did not produce); (ix) damage to your Home, belongings or property that results from our roof penetrations after the end of the Roof Warranty; and (x) damage or loss to the System due to ball strikes. This Limited Warranty gives you specific rights, and you may also have other rights which vary from state to state. This Limited Warranty does not warrant any specific electrical performance of the System, System other than that described above. Snow or ice may accumulate on rooftops and on solar panels during snow storms. Accumulated snow or ice may slide or fall, resulting in property damage or bodily harm. If and when conditions safely allow you to remove accumulated snow or ice, you should do so to reduce the likelihood of excess snow sliding or falling. THE LIMITED WARRANTIES DESCRIBED IN SECTIONS 2(a) and (c) ABOVE ARE THE ONLY EXPRESS WARRANTIES MADE BY SOLARCITY [PROVIDER] WITH RESPECT TO THE SYSTEM. SOLARCITY [PROVIDER] HEREBY DISCLAIMS, AND ANY BENEFICIARY OF THIS LIMITED WARRANTY HEREBY WAIVESXXXXXX XXXXXX, ANY WARRANTY WITH RESPECT TO ANY COST SAVINGS FROM USING THE SYSTEM. SOME STATES DO NOT ALLOW SUCH LIMITATIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Power Purchase Agreement

Exclusions and Disclaimer. The limited warranties and guarantee provided in this Limited Warranty do not apply to any lost power production or any repair, replacement or correction required due to the following: (i) someone other than SolarCity or its [Provider’s] approved service providers installed, removed, re-installed or repaired the System; (ii) destruction or damage to the System or its ability to safely produce power not caused by SolarCity [Provider] or its approved service providers while servicing the System (e.g. e.g., if a tree falls on the System we will replace the System per the LeasePower Purchase Agreement, but we will not repay you for power it did not produce); (iii) your failure to perform, or breach of, your obligations under the Lease Power Purchase Agreement (e.g. e.g., you modify or alter the System); (iv) your breach of this Limited Warranty, including your being unavailable to provide access or assistance to us and our service providers in diagnosing or repairing a problem, or your failing to maintain the System as stated in the Solar Operation and Maintenance Guide; (v) any Force Majeure Event (as defined below); (vi) shading from foliage that is new growth or is not kept trimmed to its appearance on the date the System was installed; (vii) any system failure or lost production not caused by a System defect (e.g. e.g., the System is not producing power because it has been removed to make roof repairs or you have required us to locate the inverter in a non- shaded area);; and (viii) theft of the System (e.g. e.g., if the System is stolen we will replace the System per the LeasePower Purchase Agreement, but we will not repay you for the power it did not produce); (ix) damage to your Home, belongings or property that results from our roof penetrations after the end of the Roof Warranty; and (x) damage or loss to the System due to ball strikes. This Limited Warranty gives you specific rights, and you may also have other rights which vary from state to state. This Limited Warranty does not warrant any specific electrical performance of the System, System other than that described above. Snow or ice may accumulate on rooftops and on solar panels during snow storms. Accumulated snow or ice may slide or fall, resulting in property damage or bodily harm. If and when conditions safely allow you to remove accumulated snow or ice, you should do so to reduce the likelihood of excess snow sliding or falling. THE LIMITED WARRANTIES DESCRIBED IN SECTIONS 2(a) and (c) ABOVE ARE THE ONLY EXPRESS WARRANTIES MADE BY SOLARCITY [PROVIDER] WITH RESPECT TO THE SYSTEM. SOLARCITY [PROVIDER] HEREBY DISCLAIMS, AND ANY BENEFICIARY OF THIS LIMITED WARRANTY HEREBY WAIVES, ANY WARRANTY WITH RESPECT TO ANY COST SAVINGS FROM USING THE SYSTEM. SOME STATES DO NOT ALLOW SUCH LIMITATIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Power Purchase Agreement

Exclusions and Disclaimer. The limited warranties and guarantee provided in this a. This Limited Warranty do does not apply to any lost power production or any repair, replacement or correction required due to the following: (i) someone other than SolarCity Installer or its approved service providers installed, removed, re-installed or repaired the PV System; (ii) destruction or damage to the PV System or its ability to safely produce power not caused by SolarCity Installer or its approved service providers while servicing the PV System (e.g. if a tree falls on the PV System we Installer will replace the PV System per the Leaseunder this Warranty, but we will not repay you for power it did not produce); (iii) your failure to perform, or breach of, your obligations under the Lease Agreement (e.g. you modify or alter the PV System); (iv) your breach of this Limited Warranty, including your being unavailable to provide access or assistance to us Installer in diagnosing or repairing a problem, or your failing to maintain the System as stated in the Solar Operation and Maintenance Guide; (v) any Force Majeure Event (as defined below); (vi) shading from foliage that is new growth or is not kept trimmed to its appearance on the date the PV System was installed; (vii) any system failure or lost production not caused by a PV System defect (e.g. the PV System is not producing power because it has been removed to make roof repairs or you have required us to locate the inverter in a non- shaded arearepairs);; and (viii) theft of the PV System (e.g. if the PV System is stolen we stolen, Installer will replace the PV System per the Leaseunder this Warranty, but we will not repay you for the power it did not produce); (ix) . You acknowledge that installation of the PV System may void any existing roof warranty. Installer will only be responsible for repairs or damage to your Home, belongings or property that results from our roof penetrations after the end directly related to installation of the Roof Warranty; and (x) damage or loss to the System due to ball strikes. This Limited Warranty gives you specific rights, and you may also have other rights which vary from state to state. This Limited Warranty does not warrant any specific electrical performance of the PV System, other than that described above. Snow or ice may accumulate on rooftops and on solar panels during snow storms. Accumulated snow or ice may slide or fall, resulting in property damage or bodily harm. If and when conditions safely allow while you to remove accumulated snow or ice, you should do so to reduce are within the likelihood of excess snow sliding or falling. THE LIMITED WARRANTIES DESCRIBED IN SECTIONS 2(a) ABOVE ARE THE ONLY EXPRESS WARRANTIES MADE BY SOLARCITY WITH RESPECT TO THE SYSTEM. SOLARCITY HEREBY DISCLAIMS, AND ANY BENEFICIARY OF THIS LIMITED WARRANTY HEREBY WAIVES, ANY WARRANTY WITH RESPECT TO ANY COST SAVINGS FROM USING THE SYSTEM. SOME STATES DO NOT ALLOW SUCH LIMITATIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOUWarranty Period.

Appears in 1 contract

Samples: Homeowner Installation, Operation & Maintenance Agreement

Exclusions and Disclaimer. DocuSign Envelope ID: 4DA869EF-3722-4896-B799-CB24B7538008 The limited warranties and guarantee provided in this Limited Warranty do not apply to any lost power production or any repair, replacement or correction required due to the following: (i) someone other than SolarCity or its approved service providers installed, removed, re-installed or repaired the System; (ii) destruction or damage to the System or its ability to safely produce power not caused by SolarCity or its approved service providers while servicing the System (e.g. if a tree falls on the System we will replace the System per the Lease, but we will not repay you for power it did not produce); (iii) your failure to perform, or breach of, your obligations under the Lease (e.g. you modify or alter the System); (iv) your breach of this Limited Warranty, including your being unavailable to provide access or assistance to us in diagnosing or repairing a problem, or your failing to maintain the System as stated in the Solar Operation and Maintenance Guide; (v) any Force Majeure Event (as defined below); (vi) shading from foliage that is new growth or is not kept trimmed to its appearance on the date the System was installed; (vii) any system failure or lost production not caused by a System defect (e.g. the System is not producing power because it has been removed to make roof repairs or you have required us to locate the inverter in a non- shaded area); (viii) theft of the System (e.g. if the System is stolen we will replace the System per the Lease, but we will not repay you for the power it did not produce); (ix) damage to your Home, belongings or property that results from our roof penetrations after the end of the Roof Warranty; and (x) damage or loss to the System due to ball strikes. This Limited Warranty gives you specific rights, and you may also have other rights which vary from state to state. This Limited Warranty does not warrant any specific electrical performance of the System, other than that described above. Snow or ice may accumulate on rooftops and on solar panels during snow storms. Accumulated snow or ice may slide or fall, resulting in property damage or bodily harm. If and when conditions safely allow you to remove accumulated snow or ice, you should do so to reduce the likelihood of excess snow sliding or falling. THE LIMITED WARRANTIES DESCRIBED IN SECTIONS 2(a) ABOVE ARE THE ONLY EXPRESS WARRANTIES MADE BY SOLARCITY WITH RESPECT TO THE SYSTEM. SOLARCITY HEREBY DISCLAIMS, AND ANY BENEFICIARY OF THIS LIMITED WARRANTY HEREBY WAIVES, ANY WARRANTY WITH RESPECT TO ANY COST SAVINGS FROM USING THE SYSTEM. SOME STATES DO NOT ALLOW SUCH LIMITATIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Lease Transfer Agreement

Exclusions and Disclaimer. The limited warranties and guarantee provided in this Limited Warranty do not apply to any lost power production or any repair, replacement or correction required due to the following: (i) someone other than SolarCity or its approved service providers installed, removed, re-installed or repaired the System;; DocuSign Envelope ID: 9F8970B2-4E87-46ED-910D-00D3FC1C2A8A (ii) destruction or damage to the System or its ability to safely produce power not caused by SolarCity or its approved service providers while servicing the System (e.g. e.g., if a tree falls on the System we will replace the System per the LeasePower Purchase Agreement, but we will not repay you for power it did not produce); (iii) your failure to perform, or breach of, your obligations under the Lease Power Purchase Agreement (e.g. e.g., you modify or alter the System); (iv) your breach of this Limited Warranty, including your being unavailable to provide access or assistance to us in diagnosing or repairing a problem, or your failing to maintain the System as stated in the Solar Operation and Maintenance Guide; (v) any Force Majeure Event (as defined below); (vi) shading from foliage that is new growth or is not kept trimmed to its appearance on the date the System was installed; (vii) any system failure or lost production not caused by a System defect (e.g. e.g., the System is not producing power because it has been removed to make roof repairs or you have required us to locate the inverter in a non- non-shaded area); (viii) theft of the System (e.g. e.g., if the System is stolen we will replace the System per the LeasePower Purchase Agreement, but we will not repay you for the power it did not produce); (ix) damage to your Home, belongings or property that results from our roof penetrations after the end of the Roof Warranty; and (x) damage or loss to the System due to ball strikes. This Limited Warranty gives you specific rights, and you may also have other rights which vary from state to state. This Limited Warranty does not warrant any specific electrical performance of the System, other than that described above. Snow or ice may accumulate on rooftops and on solar panels during snow storms. Accumulated snow or ice may slide or fall, resulting in property damage or bodily harm. If and when conditions safely allow you to remove accumulated snow or ice, you should do so to reduce the likelihood of excess snow sliding or falling. THE LIMITED WARRANTIES DESCRIBED IN SECTIONS 2(a) ABOVE ARE THE ONLY EXPRESS WARRANTIES MADE BY SOLARCITY WITH RESPECT TO THE SYSTEM. SOLARCITY HEREBY DISCLAIMS, AND ANY BENEFICIARY OF THIS LIMITED WARRANTY HEREBY WAIVES, ANY WARRANTY WITH RESPECT TO ANY COST SAVINGS FROM USING THE SYSTEM. SOME STATES DO NOT ALLOW SUCH LIMITATIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Ppa Transfer Agreement

Exclusions and Disclaimer. The limited warranties and guarantee provided in this Limited Warranty do not apply to any lost power production or any repair, replacement or correction required due to the following: (i) someone other than SolarCity or its approved service providers installed, removed, re-installed or repaired the System; (ii) destruction or damage to the System or its ability to safely produce power not caused by SolarCity or its approved service providers while servicing the System (e.g. e.g., if a tree falls on the System we will replace the System per the LeasePower Purchase Agreement, but we will not repay you for power it did not produce);; DocuSign Envelope ID: 978D6EDC-FD8E-4EE1-BE19-2F1D4285D25F (iii) your failure to perform, or breach of, your obligations under the Lease Power Purchase Agreement (e.g. e.g., you modify or alter the System); (iv) your breach of this Limited Warranty, including your being unavailable to provide access or assistance to us in diagnosing or repairing a problem, or your failing to maintain the System as stated in the Solar Operation and Maintenance Guide; (v) any Force Majeure Event (as defined below); (vi) shading from foliage that is new growth or is not kept trimmed to its appearance on the date the System was installed; (vii) any system failure or lost production not caused by a System defect (e.g. e.g., the System is not producing power because it has been removed to make roof repairs or you have required us to locate the inverter in a non- non-shaded area); (viii) theft of the System (e.g. e.g., if the System is stolen we will replace the System per the LeasePower Purchase Agreement, but we will not repay you for the power it did not produce); (ix) damage to your Home, belongings or property that results from our roof penetrations after the end of the Roof Warranty; and (x) damage or loss to the System due to ball strikes. This Limited Warranty gives you specific rights, and you may also have other rights which vary from state to state. This Limited Warranty does not warrant any specific electrical performance of the System, other than that described above. Snow or ice may accumulate on rooftops and on solar panels during snow storms. Accumulated snow or ice may slide or fall, resulting in property damage or bodily harm. If and when conditions safely allow you to remove accumulated snow or ice, you should do so to reduce the likelihood of excess snow sliding or falling. THE LIMITED WARRANTIES DESCRIBED IN SECTIONS 2(a) ABOVE ARE THE ONLY EXPRESS WARRANTIES MADE BY SOLARCITY WITH RESPECT TO THE SYSTEM. SOLARCITY HEREBY DISCLAIMS, AND ANY BENEFICIARY OF THIS LIMITED WARRANTY HEREBY WAIVES, ANY WARRANTY WITH RESPECT TO ANY COST SAVINGS FROM USING THE SYSTEM. SOME STATES DO NOT ALLOW SUCH LIMITATIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Ppa Transfer Agreement

Exclusions and Disclaimer. The limited warranties and guarantee benefits provided in this Limited Warranty Exhibit I, do not apply to any lost power production or any repair, replacement or correction required due to the following: (i) someone other than SolarCity the Company, or its approved service providers installed, removed, re-installed or repaired the PV System; (ii) destruction or damage to the PV System or its ability to safely produce power not caused by SolarCity the Company or its approved service providers while servicing the PV System (e.g. if a tree falls on the System we will replace the PV System in the event of casualty loss or damage, per the LeaseAgreement, but we will not repay credit you for power it did not produceproduce during the period it was not functioning); (iii) your failure to timely perform, or breach of, your obligations under the Lease (e.g. you modify or alter the System)Agreement, including, without limitation, this Exhibit I; (iv) your breach of this Limited Warranty, including your being unavailable to provide access or assistance to us in diagnosing or repairing a problem, or your failing to maintain the System as stated in the Solar Operation and Maintenance Guide; (v) any Force Majeure Event (as defined belowin the Agreement); (viv) shading from foliage that is new growth or is not kept trimmed to its appearance on any other obstruction of the date the System was installedsolar panels; (viivi) any system failure or lost production not caused by a PV System defect (e.g. the PV System is not producing power because it has been removed to make roof repairs or you have required us to locate the inverter in a non- shaded areahas been turned off by Homeowner);; and/or (viiivii) theft Homeowner fails to cooperate with Company in its reasonable efforts to repair the PV System or otherwise inspect the PV System to determine the cause of the System (e.g. if the System is stolen we will replace the System per the Lease, but we will not repay you for the power it did not produce); (ix) damage to your Home, belongings or property that results from our roof penetrations after the end of the Roof Warranty; and (x) damage or loss to the System due to ball strikesany problem. This Limited Warranty gives The limited warranties and benefits provided in this Exhibit I give you specific rights, and you may also have other rights which vary from state to state. This Limited Warranty The Company does not warrant any specific electrical performance of the PV System, other than that as specifically described above. Snow or ice may accumulate on rooftops and on solar panels during snow stormspanels. Accumulated snow or ice may slide or fall, resulting in property damage or bodily harm. If and when conditions safely allow you to remove accumulated snow or ice, you should do so to reduce the likelihood of excess snow sliding or falling. THE LIMITED WARRANTIES DESCRIBED IN SECTIONS 2(a) ABOVE THIS EXHIBIT ARE THE ONLY EXPRESS WARRANTIES MADE BY SOLARCITY THE COMPANY WITH RESPECT TO THE PV SYSTEM. SOLARCITY EXCEPT WITH RESPECT TO THE PROVISIONS OF THE SAVINGS TRACKER SET FORTH IN EXHIBIT VI, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS, AND THE HOMEOWNER, ITS SUCCESSORS AND ASSIGNS AND ANY OTHER BENEFICIARY OF THIS LIMITED WARRANTY THE PV SYSTEM HEREBY WAIVESWAIVE, ANY WARRANTY WITH RESPECT TO ANY COST SAVINGS FROM USING THE PV SYSTEM. SOME STATES DO NOT ALLOW SUCH LIMITATIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Solar Benefits Agreement

Exclusions and Disclaimer. The limited warranties and guarantee provided in this Limited Warranty do not apply to any lost power production or any repair, replacement or correction required due to the following: (i) someone other than SolarCity or its approved service providers installed, removed, re-installed or repaired the System; (ii) destruction or damage to the System or its ability to safely produce power not caused by SolarCity or its approved service providers while servicing the System (e.g. e.g., if a tree falls on the System we will replace the System per the LeasePower Purchase Agreement, but we will not repay you for power it did not produce); (iii) your failure to perform, or breach of, your obligations under the Lease Power Purchase Agreement (e.g. e.g., you modify or alter the System); (iv) your breach of this Limited Warranty, including your being unavailable to provide access or assistance to us in diagnosing or repairing a problem, or your failing to maintain the System as stated in the Solar Operation and Maintenance Guide; (v) any Force Majeure Event (as defined below); (vi) shading from foliage that is new growth or is not kept trimmed to its appearance on the date the System was installed; (vii) any system failure or lost production not caused by a System defect (e.g. e.g., the System is not producing power because it has been removed to make roof repairs or you have required us to locate the inverter in a non- non-shaded area); (viii) theft of the System (e.g. e.g., if the System is stolen we will replace the System per the LeasePower Purchase Agreement, but we will not repay you for the power it did not produce); (ix) damage to your Home, belongings or property that results from our roof penetrations after the end of the Roof Warranty; and (x) damage or loss to the System due to ball strikes. This Limited Warranty gives you specific rights, and you may also have other rights which vary from state to state. This Limited Warranty does not warrant any specific electrical performance of the System, other than that described above. Snow or ice may accumulate on rooftops and on solar panels during snow storms. Accumulated snow or ice may slide or fall, resulting in property damage or bodily harm. If and when conditions safely allow you to remove accumulated snow or ice, you should do so to reduce the likelihood of excess snow sliding or falling. THE LIMITED WARRANTIES DESCRIBED IN SECTIONS 2(a) ABOVE ARE THE ONLY EXPRESS WARRANTIES MADE BY SOLARCITY WITH RESPECT TO THE SYSTEM. SOLARCITY HEREBY DISCLAIMS, AND ANY BENEFICIARY OF THIS LIMITED WARRANTY HEREBY WAIVES, ANY WARRANTY WITH RESPECT TO ANY COST SAVINGS FROM USING THE SYSTEM. SOME STATES DO NOT ALLOW SUCH LIMITATIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Power Purchase Agreement

Exclusions and Disclaimer. The limited warranties and guarantee provided in this (a) This Limited Warranty do does not apply to any lost power production or any repair, replacement or correction required due to the following: (i) someone other than SolarCity Installer or its approved service providers installed, removed, re-re- installed or repaired the PV System; (ii) destruction or damage to the PV System or its ability to safely produce power not caused by SolarCity Installer or its approved service providers while servicing the PV System (e.g. if a tree falls on the PV System we Installer will replace the PV System per the Leaseunder this Warranty, but we will not repay you for power it did not produce); (iii) your failure to perform, or breach of, your obligations under the Lease Agreement (e.g. you modify or alter the PV System); (iv) your breach of this Limited Warranty, including your being unavailable to provide access or assistance to us Installer in diagnosing or repairing a problem, or your failing to maintain the System as stated in the Solar Operation and Maintenance Guide; (v) any Force Majeure Event (as defined below); (vi) shading from foliage that is new growth or is not kept trimmed to its appearance on the date the System was installed; (vii) any system failure or lost production not caused by a PV System defect (e.g. the PV System is not producing power because it has been removed to make roof repairs or you have required us to locate the inverter in a non- shaded arearepairs);; and (viii) theft of the PV System (e.g. if the PV System is stolen we Installer will replace the PV System per the Lease, under this Warranty but we will not repay you for the power it did not produce); (ix) . You acknowledge that installation of the PV System may void any existing roof warranty. Installer will only be responsible for repairs or damage to your Home, belongings or property that results from our roof penetrations after the end directly related to installation of the Roof Warranty; and (x) damage or loss to the System due to ball strikes. This Limited Warranty gives you specific rights, and you may also have other rights which vary from state to state. This Limited Warranty does not warrant any specific electrical performance of the PV System, other than that described above. Snow or ice may accumulate on rooftops and on solar panels during snow storms. Accumulated snow or ice may slide or fall, resulting in property damage or bodily harm. If and when conditions safely allow while you to remove accumulated snow or ice, you should do so to reduce are within the likelihood of excess snow sliding or falling. THE LIMITED WARRANTIES DESCRIBED IN SECTIONS 2(a) ABOVE ARE THE ONLY EXPRESS WARRANTIES MADE BY SOLARCITY WITH RESPECT TO THE SYSTEM. SOLARCITY HEREBY DISCLAIMS, AND ANY BENEFICIARY OF THIS LIMITED WARRANTY HEREBY WAIVES, ANY WARRANTY WITH RESPECT TO ANY COST SAVINGS FROM USING THE SYSTEM. SOME STATES DO NOT ALLOW SUCH LIMITATIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOUWarranty Period.

Appears in 1 contract

Samples: Homeowner Agreement

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Exclusions and Disclaimer. The limited warranties and guarantee provided in this Limited Warranty do not apply to any lost power production or any repair, replacement or correction required due to the following: (i) someone other than SolarCity or its approved service providers installed, removed, re-installed or repaired the System; (ii) destruction or damage to the System or its ability to safely produce power not caused by SolarCity or its approved service providers while servicing the System (e.g. e.g., if a tree falls on the System we will replace the System per the LeasePower Purchase Agreement, but we will not repay you for power it did not produce);; DocuSign Envelope ID: 75FA33CD-2AFC-468A-A9C8-5772A512EE1E (iii) your failure to perform, or breach of, your obligations under the Lease Power Purchase Agreement (e.g. e.g., you modify or alter the System); (iv) your breach of this Limited Warranty, including your being unavailable to provide access or assistance to us in diagnosing or repairing a problem, or your failing to maintain the System as stated in the Solar Operation and Maintenance Guide; (v) any Force Majeure Event (as defined below); (vi) shading from foliage that is new growth or is not kept trimmed to its appearance on the date the System was installed; (vii) any system failure or lost production not caused by a System defect (e.g. e.g., the System is not producing power because it has been removed to make roof repairs or you have required us to locate the inverter in a non- non-shaded area); (viii) theft of the System (e.g. e.g., if the System is stolen we will replace the System per the LeasePower Purchase Agreement, but we will not repay you for the power it did not produce); (ix) damage to your Home, belongings or property that results from our roof penetrations after the end of the Roof Warranty; and (xix) damage or loss to the System due to ball strikes. This Limited Warranty gives you specific rights, and you may also have other rights which vary from state to state. This Limited Warranty does not warrant any specific electrical performance of the System, System other than that described above. Snow or ice may accumulate on rooftops and on solar panels during snow storms. Accumulated snow or ice may slide or fall, resulting in property damage or bodily harm. If and when conditions safely allow you to remove accumulated snow or ice, you should do so to reduce the likelihood of excess snow sliding or falling. THE LIMITED WARRANTIES DESCRIBED IN SECTIONS 2(a) and (c) ABOVE ARE THE ONLY EXPRESS WARRANTIES MADE BY SOLARCITY WITH RESPECT TO THE SYSTEM. SOLARCITY HEREBY DISCLAIMS, AND ANY BENEFICIARY OF THIS LIMITED WARRANTY HEREBY WAIVES, ANY WARRANTY WITH RESPECT TO ANY COST SAVINGS FROM USING THE SYSTEM. SOME STATES DO NOT ALLOW SUCH LIMITATIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Ppa Transfer Agreement

Exclusions and Disclaimer. The limited warranties and guarantee provided in this Limited Warranty do not apply to any lost power production or any repair, replacement or correction required due to the following: (i) someone other than SolarCity [Provider] or its approved service providers installed, removed, re-installed or repaired the System; (ii) destruction or damage to the System or its ability to safely produce power not caused by SolarCity [Provider] or its approved service providers while servicing the System (e.g. e.g., if a tree falls on the System we will replace the System per the LeasePower Purchase Agreement, but we will not repay you for power it did not produce); (iii) your failure to perform, or breach of, your obligations under the Lease Power Purchase Agreement (e.g. e.g., you modify or alter the System); (iv) your breach of this Limited Warranty, including your being unavailable to provide access or assistance to us in diagnosing or repairing a problem, or your failing to maintain the System as stated in the Solar Operation and Maintenance Guide; (v) any Force Majeure Event (as defined below); (vi) shading from foliage that is new growth or is not kept trimmed to its appearance on the date the System was installed; (vii) any system failure or lost production not caused by a System defect (e.g. e.g., the System is not producing power because it has been removed to make roof repairs or you have required us to locate the inverter in a non- shaded area);; and (viii) theft of the System (e.g. e.g., if the System is stolen we will replace the System per the LeasePower Purchase Agreement, but we will not repay you for the power it did not produce); (ix) damage to your Home, belongings or property that results from our roof penetrations after the end of the Roof Warranty; and (x) damage or loss to the System due to ball strikes. This Limited Warranty gives you specific rights, and you may also have other rights which vary from state to state. This Limited Warranty does not warrant any specific electrical performance of the System, System other than that described above. Snow or ice may accumulate on rooftops and on solar panels during snow storms. Accumulated snow or ice may slide or fall, resulting in property damage or bodily harm. If and when conditions safely allow you to remove accumulated snow or ice, you should do so to reduce the likelihood of excess snow sliding or falling. THE LIMITED WARRANTIES DESCRIBED IN SECTIONS 2(a) and (c) ABOVE ARE THE ONLY EXPRESS WARRANTIES MADE BY SOLARCITY [PROVIDER] WITH RESPECT TO THE SYSTEM. SOLARCITY [PROVIDER] HEREBY DISCLAIMS, AND ANY BENEFICIARY OF THIS LIMITED WARRANTY HEREBY WAIVES, ANY WARRANTY WITH RESPECT TO ANY COST SAVINGS FROM USING THE SYSTEM. SOME STATES DO NOT ALLOW SUCH LIMITATIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Power Purchase Agreement

Exclusions and Disclaimer. The limited warranties and guarantee provided in this Limited Warranty do not apply to any lost power production or any repair, replacement or correction required due to the following: (i) someone other than SolarCity or its approved service providers installed, removed, re-installed or repaired the System; (ii) destruction or damage to the System or its ability to safely produce power not caused by SolarCity or its approved service providers while servicing the System (e.g. e.g., if a tree falls on the System we will replace the System per the LeasePower Purchase Agreement, but we will not repay you for power it did not produce); (iii) your failure to perform, or breach of, your obligations under the Lease Power Purchase Agreement (e.g. e.g., you modify or alter the System); (iv) your breach of this Limited Warranty, including your being unavailable to provide access or assistance to us in diagnosing or repairing a problem, or your failing to maintain the System as stated in the Solar Operation and Maintenance Guide; (v) any Force Majeure Event (as defined below); (vi) shading from foliage that is new growth or is not kept trimmed to its appearance on the date the System was installed; (vii) any system failure or lost production not caused by a System defect (e.g. e.g., the System is not producing power because it has been removed to make roof repairs or you have required us to locate the inverter in a non- non-shaded area);; and (viii) theft of the System (e.g. e.g., if the System is stolen we will replace the System per the LeasePower Purchase Agreement, but we will not repay you for the power it did not produce); (ix) damage to your Home, belongings or property that results from our roof penetrations after the end of the Roof Warranty; and (x) damage or loss to the System due to ball strikes. This Limited Warranty gives you specific rights, and you may also have other rights which vary from state to state. This Limited Warranty does not warrant any specific electrical performance of the System, System other than that described above. Snow or ice may accumulate on rooftops and on solar panels during snow storms. Accumulated snow or ice may slide or fall, resulting in property damage or bodily harm. If and when conditions safely allow you to remove accumulated snow or ice, you should do so to reduce the likelihood of excess snow sliding or falling. THE LIMITED WARRANTIES DESCRIBED IN SECTIONS 2(a) and (c) ABOVE ARE THE ONLY EXPRESS WARRANTIES MADE BY SOLARCITY WITH RESPECT TO THE SYSTEM. SOLARCITY HEREBY DISCLAIMS, AND ANY BENEFICIARY OF THIS LIMITED WARRANTY HEREBY WAIVES, ANY WARRANTY WITH RESPECT TO ANY COST SAVINGS FROM USING THE SYSTEM. SOME STATES DO NOT ALLOW SUCH LIMITATIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Power Purchase Agreement

Exclusions and Disclaimer. The limited warranties and guarantee provided in this Limited Warranty do not apply to any lost power production or any repair, replacement or correction required due to the following: (i) someone other than SolarCity Clean energy Corporation Australia or its approved service providers installed, removed, re-installed or repaired the System; (ii) destruction or damage to the System or its ability to safely produce power not caused by SolarCity Clean Energy Corporation Australia or its approved service providers while servicing the System (e.g. e.g., if a tree falls on the System we will replace the System per the LeasePower Purchase Agreement, but we will not repay you for power it did not produce); (iii) your failure to perform, or breach of, your obligations under the Lease Power Purchase Agreement (e.g. e.g., you modify or alter the System); (iv) your breach of this Limited Warranty, including your being unavailable to provide access or assistance as- sistance to us in diagnosing or repairing a problem, or your failing to maintain the System as stated in the Solar Operation and Maintenance Guide; (v) any Force Majeure Event (as defined below); (vi) shading from foliage that is new growth or is not kept trimmed to its appearance on the date the System was installed; (vii) any system failure or lost production not caused by a System defect (e.g. e.g., the System is not producing power because it has been removed to make roof repairs or you have required us to locate the inverter in a non- non-shaded area);; and (viii) theft of the System (e.g. e.g., if the System is stolen we will replace the System per the LeasePower Pur- chase Agreement, but we will not repay you for the power it did not produce); (ix) damage to your Home, belongings or property that results from our roof penetrations after the end of the Roof Warranty; and (x) damage or loss to the System due to ball strikes. This Limited Warranty gives you specific rights, and you may also have other rights which vary from state to state. This Limited Warranty does not warrant any specific electrical performance of the System, System other than that described above. Snow or ice may accumulate on rooftops and on solar panels during snow storms. Accumulated snow or ice may slide or fall, resulting in property damage or bodily harm. If and when conditions safely allow you to remove accumulated snow or ice, you should do so to reduce the likelihood of excess snow sliding or falling. THE LIMITED WARRANTIES DESCRIBED IN SECTIONS 2(a) and (c) ABOVE ARE THE ONLY EXPRESS WARRANTIES MADE BY SOLARCITY CLEAN ENERGY CORPORATION AUSTRALIA WITH RESPECT TO THE SYSTEM. SOLARCITY CLEAN ENERGY CORPORATION AUSTRALIA HEREBY DISCLAIMS, AND ANY BENEFICIARY OF THIS LIMITED WARRANTY HEREBY WAIVES, ANY WARRANTY WITH RESPECT TO ANY COST SAVINGS FROM USING THE SYSTEM. SOME STATES DO NOT ALLOW SUCH LIMITATIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Power Purchase Agreement

Exclusions and Disclaimer. The limited warranties and guarantee provided in this Limited Warranty do not apply to any lost power production or any repair, replacement or correction required due to the following: (i) someone other than SolarCity or its approved service providers installed, removed, re-installed or repaired the System; (ii) destruction or damage to the System or its ability to safely produce power not caused by SolarCity or its approved service providers while servicing the System (e.g. e.g., if a tree falls on the System we will replace the System per the LeasePower Purchase Agreement, but we will not repay you for power it did not produce);; DocuSign Envelope ID: 35E944B6-51C3-47B7-9957-8C3AE47E9BF6 (iii) your failure to perform, or breach of, your obligations under the Lease Power Purchase Agreement (e.g. e.g., you modify or alter the System); (iv) your breach of this Limited Warranty, including your being unavailable to provide access or assistance to us in diagnosing or repairing a problem, or your failing to maintain the System as stated in the Solar Operation and Maintenance Guide; (v) any Force Majeure Event (as defined below); (vi) shading from foliage that is new growth or is not kept trimmed to its appearance on the date the System was installed; (vii) any system failure or lost production not caused by a System defect (e.g. e.g., the System is not producing power because it has been removed to make roof repairs or you have required us to locate the inverter in a non- non-shaded area); (viii) theft of the System (e.g. e.g., if the System is stolen we will replace the System per the LeasePower Purchase Agreement, but we will not repay you for the power it did not produce); (ix) damage to your Home, belongings or property that results from our roof penetrations after the end of the Roof Warranty; and (x) damage or loss to the System due to ball strikes. This Limited Warranty gives you specific rights, and you may also have other rights which vary from state to state. This Limited Warranty does not warrant any specific electrical performance of the System, other than that described above. Snow or ice may accumulate on rooftops and on solar panels during snow storms. Accumulated snow or ice may slide or fall, resulting in property damage or bodily harm. If and when conditions safely allow you to remove accumulated snow or ice, you should do so to reduce the likelihood of excess snow sliding or falling. THE LIMITED WARRANTIES DESCRIBED IN SECTIONS 2(a) ABOVE ARE THE ONLY EXPRESS WARRANTIES MADE BY SOLARCITY WITH RESPECT TO THE SYSTEM. SOLARCITY HEREBY DISCLAIMS, AND ANY BENEFICIARY OF THIS LIMITED WARRANTY HEREBY WAIVES, ANY WARRANTY WITH RESPECT TO ANY COST SAVINGS FROM USING THE SYSTEM. SOME STATES DO NOT ALLOW SUCH LIMITATIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Ppa Transfer Agreement

Exclusions and Disclaimer. The limited warranties and guarantee guaranty provided in this Limited Warranty do not apply to any lost power production or any repair, replacement or correction required due to the following: (i) someone other than SolarCity or its Solar Provider’s approved service providers (such as Installer) installed, removed, re-installed re−installed or repaired the System; (ii) destruction or damage to the System or its ability to safely produce power not caused by SolarCity Solar Provider or its approved service providers while servicing the System (e.g. if a tree falls on the System we will replace the System per the LeaseSolar Power Agreement, but we will not repay you for power it did not produce); (iii) your failure to perform, or breach of, your obligations under the Lease Solar Power Agreement (e.g. you modify or alter the System); (iv) your breach of this Limited Warranty, including your being unavailable to provide access or assistance to us and our service providers in diagnosing or repairing a problem, or your failing to maintain the System as stated in the Solar Operation and Maintenance Guide; (v) any Force Majeure Event (as defined below); (vi) Any condition existing at the Property prior to the installation of the System; (vii) shading from foliage that is new growth or is not kept trimmed to its appearance on the date the System was installed; (viiviii) any system failure or lost production not caused by a System defect (e.g. the System is not producing power because it has been removed to make roof repairs or you have required us to locate the inverter in a non- shaded non−shaded area);; and (viiiix) theft theG of the System (e.g. if the System is stolen we will replace the System per the LeaseSolar Power Agreement, but we will not repay you for the power it did not produce); (ix) damage to your Home, belongings or property that results from our roof penetrations after the end of the Roof Warranty; and (x) damage or loss to the System due to ball strikes. This Limited Warranty gives you specific rights, and you may also have other rights which vary from state to state. This Limited Warranty does not warrant any specific electrical performance of the System, other than that described above. Snow or ice may accumulate on rooftops and on solar panels during snow storms. Accumulated snow or ice may slide or fallTO THE FULLEST EXTENT PERMITTED BY LAW, resulting in property damage or bodily harm. If and when conditions safely allow you to remove accumulated snow or ice, you should do so to reduce the likelihood of excess snow sliding or falling. THE LIMITED WARRANTIES DESCRIBED IN SECTIONS SECTION 2(a) ABOVE ARE THE ONLY EXPRESS WARRANTIES MADE BY SOLARCITY SOLAR PROVIDER WITH RESPECT TO THE SYSTEM. SOLARCITY SOLAR PROVIDER HEREBY DISCLAIMS, AND YOU AND ANY OTHER BENEFICIARY OF THIS LIMITED WARRANTY HEREBY WAIVES, ANY OTHER WARRANTY WITH RESPECT TO THE SYSTEM, ITS OPERATION OR ANY COST SAVINGS FROM USING THE SYSTEM. SOME STATES DO NOT ALLOW SUCH LIMITATIONSTHE REPAIR, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOUREPLACEMENT AND PAYMENT REMEDIES DESCRIBED UNDER THIS LIMITED WARRANTY ARE YOUR SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF THIS LIMITED WARRANTY.

Appears in 1 contract

Samples: Solar Power Agreement

Exclusions and Disclaimer. The limited warranties and guarantee provided in this Limited Warranty do not apply to any lost power production or any repair, replacement or correction required due to the following: (i) someone other than SolarCity Suncrest Solar or its approved service providers installed, removed, re-installed or repaired the System; (ii) destruction or damage to the System or its ability to safely produce power not caused by SolarCity Suncrest Solar or its approved service providers while servicing the System (e.g. e.g., if a tree falls on the System we will replace the System per the LeasePower Purchase Agreement, but we will not repay you for power it did not produce); (iii) your failure to perform, or breach of, your obligations under the Lease Power Purchase Agreement (e.g. e.g., you modify or alter the System); (iv) your breach of this Limited Warranty, including your being unavailable to provide access or assistance to us in diagnosing or repairing a problem, or your failing to maintain the System as stated in the Solar Operation and Maintenance Guide; (v) any Force Majeure Event (as defined below); (vi) shading from foliage that is new growth or is not kept trimmed to its appearance on the date the System was installed; (vii) any system failure or lost production not caused by a System defect (e.g. e.g., the System is not producing power because it has been removed to make roof repairs or you have required us to locate the inverter in a non- shaded area);; and (viii) theft of the System (e.g. e.g., if the System is stolen we will replace the System per the LeasePower Purchase Agreement, but we will not repay you for the power it did not produce); (ix) damage to your Home, belongings or property that results from our roof penetrations after the end of the Roof Warranty; and (x) damage or loss to the System due to ball strikes. This Limited Warranty gives you specific rights, and you may also have other rights which vary from state to state. This Limited Warranty does not warrant any specific electrical performance of the System, System other than that described above. Snow or ice may accumulate on rooftops and on solar panels during snow storms. Accumulated snow or ice may slide or fall, resulting in property damage or bodily harm. If and when conditions safely allow you to remove accumulated snow or ice, you should do so to reduce the likelihood of excess snow sliding or falling. THE LIMITED WARRANTIES DESCRIBED IN SECTIONS 2(a) and (c) ABOVE ARE THE ONLY EXPRESS WARRANTIES MADE BY SOLARCITY SUNCREST SOLAR WITH RESPECT TO THE SYSTEM. SOLARCITY SUNCREST SOLAR HEREBY DISCLAIMS, AND ANY BENEFICIARY OF THIS LIMITED WARRANTY HEREBY WAIVES, ANY WARRANTY WITH RESPECT TO ANY COST SAVINGS FROM USING THE SYSTEM. SOME STATES DO NOT ALLOW SUCH LIMITATIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Solar Service Agreement

Exclusions and Disclaimer. The limited warranties and guarantee provided in this Limited Warranty do not apply to any lost power production or any repair, replacement or correction required due to the following: (i) someone other than SolarCity or its approved service providers installed, removed, re-installed or repaired the System; (ii) destruction or damage to the System or its ability to safely produce power not caused by SolarCity or its approved service providers while servicing the System (e.g. e.g., if a tree falls on the System we will replace the System per the LeasePower Purchase Agreement, but we will not repay you for power it did not produce);; DocuSign Envelope ID: F58FCC3E-9F19-4335-A9A8-6A2B857BF297 (iii) your failure to perform, or breach of, your obligations under the Lease Power Purchase Agreement (e.g. e.g., you modify or alter the System); (iv) your breach of this Limited Warranty, including your being unavailable to provide access or assistance to us in diagnosing or repairing a problem, or your failing to maintain the System as stated in the Solar Operation and Maintenance Guide; (v) any Force Majeure Event (as defined below); (vi) shading from foliage that is new growth or is not kept trimmed to its appearance on the date the System was installed; (vii) any system failure or lost production not caused by a System defect (e.g. e.g., the System is not producing power because it has been removed to make roof repairs or you have required us to locate the inverter in a non- non-shaded area); (viii) theft of the System (e.g. e.g., if the System is stolen we will replace the System per the LeasePower Purchase Agreement, but we will not repay you for the power it did not produce); (ix) damage to your Home, belongings or property that results from our roof penetrations after the end of the Roof Warranty; and (xix) damage or loss to the System due to ball strikes. This Limited Warranty gives you specific rights, and you may also have other rights which vary from state to state. This Limited Warranty does not warrant any specific electrical performance of the System, System other than that described above. Snow or ice may accumulate on rooftops and on solar panels during snow storms. Accumulated snow or ice may slide or fall, resulting in property damage or bodily harm. If and when conditions safely allow you to remove accumulated snow or ice, you should do so to reduce the likelihood of excess snow sliding or falling. THE LIMITED WARRANTIES DESCRIBED IN SECTIONS 2(a) and (c) ABOVE ARE THE ONLY EXPRESS WARRANTIES MADE BY SOLARCITY WITH RESPECT TO THE SYSTEM. SOLARCITY HEREBY DISCLAIMS, AND ANY BENEFICIARY OF THIS LIMITED WARRANTY HEREBY WAIVES, ANY WARRANTY WITH RESPECT TO ANY COST SAVINGS FROM USING THE SYSTEM. SOME STATES DO NOT ALLOW SUCH LIMITATIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Ppa Transfer Agreement

Exclusions and Disclaimer. The limited warranties and guarantee provided in this Limited Warranty do not apply to any lost power production or any repair, replacement or correction required due to the following: (i) someone other than SolarCity IL-Solar or its approved service providers installed, removed, re-installed or repaired the System; (ii) destruction or damage to the System or its ability to safely produce power not caused by SolarCity IL-Solar or its approved service providers while servicing the System (e.g. e.g., if a tree falls on the System we will replace the System per the Lease, but we will not repay you for power it did not produce); (iii) your failure to perform, or breach of, your obligations under the Lease (e.g. e.g., you modify or alter the System); (iv) your breach of this Limited Warranty, including your being unavailable to provide access or assistance to us in diagnosing or repairing a problem, or your failing to maintain the System as stated in the Solar Operation and Maintenance Guide; (v) any Force Majeure Event (as defined below); (vi) shading from foliage that is new growth or is not kept trimmed to its appearance on the date the System was installed; (vii) any system failure or lost production not caused by a System defect (e.g. e.g., the System is not producing power because it has been removed to make roof repairs or you have required us to locate the inverter in a non- non-shaded area); (viii) theft of the System (e.g. e.g., if the System is stolen we will replace the System per the Lease, but we will not repay you for the power it did not produce); (ix) damage to your Home, belongings or property that results from our roof penetrations after the end of the Roof Warranty; and (x) damage or loss to the System due to ball strikes. This Limited Warranty gives you specific rights, and you may also have other rights which vary from state to state. This Limited Warranty does not warrant any specific electrical performance of the System, other than that described above. Snow or ice may accumulate on rooftops and on solar panels during snow storms. Accumulated snow or ice may slide or fall, resulting in property damage or bodily harm. If and when conditions safely allow you to remove accumulated snow or ice, you should do so to reduce the likelihood of excess snow sliding or falling. THE LIMITED WARRANTIES DESCRIBED IN SECTIONS 2(a) ABOVE ARE THE ONLY EXPRESS WARRANTIES MADE BY SOLARCITY WITH RESPECT TO THE SYSTEM. SOLARCITY HEREBY DISCLAIMS, AND ANY BENEFICIARY OF THIS LIMITED WARRANTY HEREBY WAIVES, ANY WARRANTY WITH RESPECT TO ANY COST SAVINGS FROM USING THE SYSTEM. SOME STATES DO NOT ALLOW SUCH LIMITATIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Appears in 1 contract

Samples: Lease Agreement

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