Project Diligence. Seller acknowledges and agrees that, prior to the Effective Date, it has taken, in its opinion both as the [owner] [lessee] of the Project Site and a power generation facility and battery energy storage owner and developer with substantial experience, directly and through its Affiliates, in the development, design, engineering, procurement, financing, taxation, construction, installation, commissioning, testing, ownership, possession, use, operation, maintenance, study, repair, purchase, and sale of solar photovoltaic electric generation facilities with integrated battery energy storage systems, the steps necessary to investigate and ascertain the nature and location of the Work and the sufficiency of the Purchase Price to cause the Work to be performed and the Transactions to be completed in accordance with this Agreement, and has investigated and satisfied itself as to, and has factored into its determination that the Purchase Price is sufficient for performance of the Work and completion of the Transactions, the matters and conditions that can affect the time or ability to perform or the cost of the Work or the Transactions, or the Closing or the Substantial Completion Payment Date, including: (a) the general and local conditions at or affecting use of the Project Site, such as, for purposes of illustration only, availability and condition of roads, railways, and waterways, climate (including temperature, humidity, rainfall, and proximity to bodies of salt or fresh water), and seasonal conditions, physical conditions at the Project Site, including existing structures or buildings, Hazardous Substances, Project Site topography, ground surface and subsurface conditions (e.g., soil composition, compaction, drainage/hydrology), and underground obstructions or interferences; (b) the information and material included in the Scope Book; (c) the obligations and requirements of Seller under all Laws and Permits applicable to the Work, the Project (including the Project Site), including Laws relating to health and safety, hiring or employment, project engineering, procurement, and construction, licensing, Permits, Taxes, zoning, or building; (d) the conditions and contingencies bearing upon the transportation, delivery, receipt, handling, storage, disposal, use, or cost of equipment, material, and other items relating to the Work; (e) the availability, reliability, and cost of utilities and related services during construction, commissioning, and testing of the P...
Project Diligence. 7 3.2 Pre-Marketing Diligence ........................................ 8 3.3
Project Diligence. 9 2.10 Governing Authority of Projects .....................................................................10 2.11 Array's Alliance Management .........................................................................10
Project Diligence. Array shall diligently use its best efforts to render Project Services and Other Services hereunder in accordance with prevailing high professional standards and will make all reasonable efforts to produce consistently high levels of accuracy and expertise and to meet timetables set forth under this Agreement for completion of Project Services and Other Services.
Project Diligence. Array shall diligently use its best efforts to render Project Services and Other Services hereunder in accordance with prevailing high professional standards and will make all reasonable efforts to produce consistently high levels of accuracy and expertise [*] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended.
