Common use of Operation and Maintenance of the System Clause in Contracts

Operation and Maintenance of the System. Seller shall, at its sole cost and expense, (a) operate, maintain, test, repair and replace the System consistent with Prudent Industry Practices and (b) perform all corrective, predictive, preventive, and routine maintenance to the System consistent with Prudent Industry Practices, including repairs and replacements, to maintain the equipment and System, such that they are kept and maintained in good physical, mechanical and operational condition. Purchaser understands that the System contains intermittent generation facilities and will not provide Purchaser with a continuous supply of Electricity. The System will operate in parallel to the host utility provider and will not affect the host’s ability to provide Electricity. SELLER MAKES NO WARRANTY OR GUARANTEE TO PURCHASER WITH RESPECT TO THE CONTINOUS SUPPLY OF ELECTRICITY. Seller shall not be liable for any damages caused by or resulting from any interruption in Electricity during the Term except with regard to the Output Guarantee. If at any xxxx Xxxxxx determines with reasonable belief that the existing electrical equipment to which the System is connected is unsafe, Seller shall not have the obligation to supply Electricity to Purchaser. Any costs incurred in restoring service following the interruption of operation of the System as a result of Seller’s maintenance and repairs of the System shall be borne by Seller. Any costs incurred in restoring the operation of the System as a result of Purchaser or the condition of the existing electrical equipment to which the System is connected shall be borne by Purchaser.

Operation and Maintenance of the System. Seller shall, at its sole cost and expense, (a) operate, maintain, test, repair and replace the System consistent with Prudent Industry Practices and (b) perform all corrective, predictive, preventive, and routine maintenance to the System consistent with Prudent Industry Practices, including repairs and replacements, to maintain the equipment and System, such that they are kept and maintained in good physical, mechanical and operational condition. Purchaser understands that the System contains intermittent generation facilities and will not provide Purchaser with a continuous supply of Electricity. The System will operate in parallel to the host utility provider and will not affect the host’s ability to provide Electricity. SELLER MAKES NO WARRANTY OR GUARANTEE TO PURCHASER WITH RESPECT TO THE CONTINOUS SUPPLY OF ELECTRICITY. Seller shall not be liable for any damages caused by or resulting from any interruption in Electricity during the Term except with regard to the Output Guarantee. If at any xxxx Xxxxxx determines with reasonable belief that the existing electrical equipment to which the System is connected is unsafe, Seller shall not have the obligation to supply Electricity to Purchaser. Any costs incurred in restoring service following the interruption of operation of the System as a result of Seller’s maintenance and repairs of the System shall be borne by Seller. Any costs incurred in restoring the operation of the System as a result of Purchaser or the condition of the existing electrical equipment to which the System is connected shall be borne by Purchaser.Purchaser.‌

Operation and Maintenance of the System. Seller shall, at its sole cost and expense, (a) operate, maintain, test, repair and replace the System consistent with Prudent Industry Practices and (b) perform all corrective, predictive, preventive, and routine maintenance to the System consistent with Prudent Industry Practices, including repairs and replacements, to maintain the equipment and System, such that they are kept and maintained in good physical, mechanical and operational condition. Purchaser understands that the System contains intermittent generation facilities and will not provide Purchaser with a continuous supply of Electricity. The System will operate in parallel to the host utility provider and will not affect the host’s ability to provide Electricity. SELLER MAKES NO WARRANTY OR GUARANTEE TO PURCHASER WITH RESPECT TO THE CONTINOUS CONTINUOUS SUPPLY OF ELECTRICITY. Seller shall not be liable for any damages caused by or resulting from any interruption in Electricity during the Term except with regard to the Output Guarantee. If at any xxxx Xxxxxx determines with reasonable belief that the existing electrical equipment to which the System is connected is unsafe, Seller shall not have the obligation to supply Electricity to Purchaser. Any costs incurred in restoring service following the interruption of operation of the System as a result of Seller’s maintenance and repairs of the System shall be borne by Seller. Any costs incurred in restoring the operation of the System as a result of Purchaser or the condition of the existing electrical equipment to which the System is connected shall be borne by Purchaser.Purchaser.‌