Structural and Roof Analysis. This Section 4.1(c) shall only apply if the System is located on the roof of a building. Seller shall cause a Qualified Engineer to perform a full structural load analysis of the Project Site and perform a complete inspection of the roof system at the Project Site. The Initial Design (as described in Section 4.1(d)(i) below) shall detail any structural or other modifications that must be performed at the Project Site in order for the contemplated System to be installed. Seller acknowledges and agrees that none of Purchaser, the County, or any of its or their employees, contractors, or agents has made, nor shall they make, any express or implied warranty to Seller as to the integrity, condition, or future life of the roof system. In coordination with Purchaser, Seller shall coordinate with any obligors under any existing roof warranties, such that the warranties shall remain in effect in accordance with their terms, and no actions by Seller or its Subcontractors shall compromise or affect such warranties. If structural modifications or repairs to the roof system are required, Seller shall obtain at least two (2) written proposals from third party Persons qualified and licensed to perform the required scope of work and provide copies of the same to Purchaser. Purchaser shall have the option (i) to perform the work itself or with its own contractor(s) and pay for the costs of such work, (ii) to have Seller perform such work and cover such costs, whereupon the Contract Price may be adjusted by mutual written agreement of the Parties, or (iii) to immediately terminate this Agreement upon Notice to Seller.
Appears in 6 contracts
Samples: Solar Power Purchase Agreement, Solar Power Purchase Agreement, Solar Power Purchase Agreement
Structural and Roof Analysis. This Section 4.1(c) shall only apply if the System is located on the roof of a building. Seller shall cause a Qualified Engineer to perform a full structural load analysis of the Project Site and perform a complete inspection of the roof system at the Project Site. The Initial Design (as described in Section 4.1(d)(i) below) shall detail any structural or other modifications that must be performed at the Project Site in order for the contemplated System to be installed. Seller acknowledges and agrees that none of Purchaser, the County, or any of its or their employees, contractors, or agents has made, nor shall they make, any express or implied warranty to Seller as to the integrity, condition, or future life of the roof system. In coordination with Purchaser, Seller shall coordinate with any obligors under any existing roof warranties, such that the warranties shall remain in effect in accordance with their terms, and no actions by Seller or its Subcontractors shall compromise or affect such warranties. If structural modifications or repairs to the roof system are required, Seller shall obtain at least two (2) written proposals from third party Persons qualified and licensed to perform the required scope of work and provide copies of the same to Purchaser. Purchaser shall have the option (i) to perform the work itself or with its own contractor(s) and pay for the costs of such work, (ii) to have Seller perform such work and cover such costs, whereupon the Contract Price may be adjusted by mutual written agreement of the Parties, or (iii) to immediately terminate this Agreement upon Notice to Seller.
Appears in 3 contracts
Samples: Solar Power Purchase Agreement, Solar Power Purchase Agreement, Solar Power Purchase Agreement
