Common use of Procurement of Warranties Clause in Contracts

Procurement of Warranties. (a) Seller shall obtain the Project Warranty and the original equipment manufacturer and other warranties (including related insurance and other provisions and credit support) in accordance with the Performance Standard, including, with respect to the Project Warranty, this Section 5.2 and Article X, and with respect to the other warranties, this Section 5.2 and the relevant portions of Article X and the Scope Book. Without limiting the foregoing or the other provisions of this Section 5.2 or the Scope Book, the Project Warranty, and with respect to the other warranties, the minimum requirements specified in this Agreement, including Article X and the Scope Book, as a general requirement of warranty procurement, Seller shall obtain Transferred Closing Warranties and Transferred Post-Closing Warranties on terms and conditions that are as beneficial to the owner or holder thereof as reasonably practicable, can be obtained on a commercially reasonable basis from the applicable Contactor or Subcontractor, and are consistent with or better than those customarily obtained by Seller and its Affiliates for projects similar to the Project in respect of which Seller or an Affiliate thereof will retain a majority or controlling interest after substantial completion of the project (e.g., projects supporting power purchase agreements) and/or will secure a Tax Equity Arrangement.36

Procurement of Warranties. (a) Seller shall obtain the Project Warranty and the original equipment manufacturer and other warranties (including related insurance and other provisions and credit support) in accordance with the Performance Standard, including, with respect to the Project Warranty, this Section 5.2 and Article X, and with respect to the other warranties, this Section 5.2 and the relevant portions of Article X and the Scope Book. Without limiting the foregoing or the other provisions of this Section 5.2 or the Scope Book, the Project Warranty, and with respect to the other warranties, the minimum requirements specified in this Agreement, including Article X and the Scope Book, as a general requirement of warranty procurement, Seller shall obtain Transferred Closing Warranties and Transferred Post-Closing Warranties on terms and conditions that are as beneficial to the owner or holder thereof as reasonably practicable, can be obtained on a commercially reasonable basis from the applicable Contactor or Subcontractor, and are consistent with or better than those customarily obtained by Seller and its Affiliates for projects similar to the Project in respect of which Seller or an Affiliate thereof will retain a majority or controlling interest after substantial completion of the project (e.g., projects supporting power purchase agreements) and/or will and secure a Tax Equity Arrangement.36Arrangement.35

Procurement of Warranties. (a) Seller shall obtain the Project Warranty and the original equipment manufacturer and other warranties (including related insurance and other provisions and credit support) in accordance with the Performance Standard, including, with respect to the Project Warranty, this Section 5.2 and Article X, and with respect to the other warranties, this Section 5.2 and the relevant portions of Article X and the Scope Book. Without limiting the foregoing or the other provisions of this Section 5.2 or the Scope Book, the Project Warranty, and with respect to the other warranties, the minimum requirements specified in this Agreement, including Article X and the Scope Book, as a general requirement of warranty procurement, Seller shall obtain Transferred Closing Warranties and Transferred Post-Closing Warranties on terms and conditions that are as beneficial to the owner or holder thereof as reasonably practicable, can be obtained on a commercially reasonable basis from the applicable Contactor or Subcontractor, and are consistent with or better than those customarily obtained by Seller and its Affiliates for projects similar to the Project in respect of which Seller or an Affiliate thereof will retain a majority or controlling interest after substantial completion of the project (e.g., projects supporting power purchase agreements) and/or will and secure a Tax Equity Arrangement.36Arrangement.37

Procurement of Warranties. (a) Seller shall obtain the Project Warranty and the original equipment manufacturer and other warranties (including related insurance and other provisions and credit support) in accordance with the Performance Standard, including, with respect to the Project Warranty, this Section 5.2 and Article X, and with respect to the other warranties, this Section 5.2 and the relevant portions of Article X and the Scope Book. Without limiting the foregoing or the other provisions of this Section 5.2 or the Scope Book, the Project Warranty, and with respect to the other warranties, the minimum requirements specified in this Agreement, including Article X and the Scope Book, as a general requirement of warranty procurement, Seller shall obtain Transferred Closing Warranties and Transferred Post-Closing Warranties on terms and conditions that are as beneficial to the owner or holder thereof as reasonably practicable, can be obtained on a commercially reasonable basis from the applicable Contactor or Subcontractor, and are consistent with or better than those customarily obtained by Seller and its Affiliates for projects similar to the Project in respect of which Seller or an Affiliate thereof will retain a majority or controlling interest after substantial completion of the project (e.g., projects supporting power purchase agreements) and/or will and secure a Tax Equity Arrangement.36Arrangement.38