Common use of Warranties Clause in Contracts

Warranties. Seller warrants that upon receipt of the Final Payment, title to the Equipment shall pass to Purchaser free and clear not withstanding any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal use, as defined below, with the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty in the event that: (a) the Equipment has been subject to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault of Seller; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided herein

Warranties. Seller The Service Provider warrants that upon receipt of the Final Payment, title to the Equipment shall pass to Purchaser free that: It is a company financially sound and clear not withstanding any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal use, as defined belowduly licensed, with adequate human resources, equipment, competence, expertise and skills necessary to provide fully and satisfactorily, within the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaserstipulated completion period, all warranties will be considered suspended the Services in accordance with this Agreement; It shall comply with all applicable laws, ordinances, rules and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation regulations when performing its obligations under this warranty Agreement; In all circumstances it shall act in the event that: (a) the Equipment has been subject to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault best interests of SellerIOM; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement No official of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers IOM or any third partyparty has received from, unless will be offered by, or will receive from the same shall have been expressly authorized in writing by SellerService Provider any direct or indirect benefit arising from the Agreement or award thereof; (d) Purchaser It has not misrepresented or concealed any material facts in the procurement of this Agreement; The Service Provider, its staff or shareholders have not previously been declared by IOM ineligible to be awarded agreements by IOM; It has or shall take out relevant insurance coverage for the period the Services are provided electrical service conforming under this Agreement; The Price specified in this Agreement shall constitute the sole remuneration in connection with this Agreement. The Service Provider shall not accept for its own benefit any trade commission, discount or similar payment in connection with activities pursuant to this Agreement or the discharge of its obligations thereunder. The Service Provider shall ensure that any subcontractors, as well as the personnel and agents of either of them, similarly, shall not receive any such additional remuneration; It shall respect the legal status, privileges and immunities of IOM as an intergovernmental organization, such as inviolability of documents and archive wherever it is located, exemption from taxation, immunity from legal process or national jurisdiction. In the event that the Service Provider becomes aware of any situation where IOM’s legal status, privileges or immunities are not fully respected, it shall immediately inform IOM; It is not included in the most recent Consolidated United Nations Security Council Sanctions List nor is it the subject of any sanctions or other temporary suspension. The Service Provider will disclose to IOM if it becomes subject to any sanction or temporary suspension during the term of this Agreement; It must not employ, provide resources to, support, contract or otherwise deal with any person, entity or other group associated with terrorism as per the most recent Consolidated United Nations Security Council Sanctions List and all other applicable electrical codesterrorism legislation. If, including a dedicated line for power supply and appropriate polarization and grounding during the term of this Agreement, the Service Provider determines there are credible allegations that funds transferred to it in accordance with Seller’s specificationsthis Agreement have been used to provide support or assistance to individuals or entities associated with terrorism, or (e) Purchaser fails to perform timely operating maintenance it will inform IOM immediately who in consultation with the donors as specified appropriate, shall determine an appropriate response. The Service Provider shall ensure that this requirement is included in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereinall subcontracts.

Warranties. Seller expressly warrants that: a) all Goods furnished hereunder shall be new and unused (unless otherwise specified or agreed to in this Order); b) all Goods and Services furnished hereunder shall conform to all requirements, specifications and appropriate standards, c) all Goods and Services shall be free from defects, including, where applicable and without limitation, defects in material, workmanship and title. In addition, to the extent that the Goods and Services are not rendered pursuant to detailed designs or instructions furnished by University, the Goods and Services shall be free from defects in design; d) all Goods and Services furnished hereunder shall be merchantable and will be safe and appropriate for the purposes for which Goods and Services of that kind are normally used. If Seller knows or has reason to know the particular purpose for which the University intends to use the Goods or Services, Seller also warrants that upon receipt such Goods and Services will be fit for such particular purpose; e) all Goods and Services furnished will conform in all respects to samples, advertisements and other forms of the Final Payment, title representation made to the Equipment University regarding the Goods or Services purchased; f) in connection with Services or technical data to be provided by Seller hereunder, such Services and/or technical data shall pass to Purchaser free be performed or prepared in a professional and clear not withstanding any lender(sworkmanlike manner; and g) executed securitization in performance of noted any this Order, Seller shall comply, and all Equipment. Seller Goods or Services furnished hereunder shall provide Purchaser under normal use, as defined belowbe produced or furnished in full and complete compliance, with the limited manufacturer's all applicable federal, state and local laws, rules, ordinances and regulations. These warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components of the solar system are in addition to repairs to portions warranties offered by Seller and any manufacturer and shall not be construed as restricting or limiting any warranties of roofs directly affected Seller or such manufacturer, expressed or implied, which are provided or exist by the installation operation of law. Inspection, test, acceptance or use of the solar system. Pre-existing conditions including but Goods or Services furnished hereunder shall not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation affect Seller’s obligations under this warranty in the event that: (a) the Equipment has been subject to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handlingParagraph 8, and such actions or occurrences are not the fault of Seller; (b) the Equipment is used in combination or connection with other equipmentobligations shall survive inspection, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installationtest, repair, replacement of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply acceptance and appropriate polarization and grounding in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEuse. Seller’s agents have no authority warranty shall run to give warranties the University, its successors, assigns and users of Goods or guarantees beyond those provided hereinServices.

Warranties. Seller The Implementing Partner warrants that upon receipt of the Final Payment, title to the Equipment shall pass to Purchaser free that: It is an organization financially sound and clear not withstanding any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal use, as defined belowduly licensed, with adequate human resources, equipment, competence, expertise and skills necessary to provide fully and satisfactorily, within the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaserstipulated completion period, all warranties will be considered suspended activities in accordance with this Agreement; It shall comply with all applicable laws, ordinances, rules and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation regulations when performing its obligations under this warranty Agreement; In all circumstances it shall act in the event that: (a) the Equipment has been subject to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault best interests of SellerIOM; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement No official of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers IOM or any third partyparty has received from, unless will be offered by, or will receive from the same Implementing Partner any direct or indirect benefit arising from the Agreement or award thereof; It has not misrepresented or concealed any material facts in the procurement of this Agreement; The Implementing Partner, its staff or shareholders have not previously been declared by IOM ineligible to be awarded agreements by IOM; It has or shall take out relevant insurance coverage for the period the activities are provided under this Agreement; The Contribution specified in this Agreement shall constitute the sole remuneration in connection with this Agreement. The Implementing Partner shall not accept for its own benefit any trade commission, discount or similar payment in connection with activities pursuant to this Agreement or the discharge of its obligations thereunder. The Implementing Partner shall ensure that any subcontractors, as well as the personnel and agents of either of them, similarly, shall not receive any such additional remuneration; It shall respect the legal status, privileges and immunities of IOM as an intergovernmental organization, such as inviolability of documents and archive wherever it is located, exemption from taxation, immunity from legal process or national jurisdiction. In the event that the Implementing Partner becomes aware of any situation where IOM’s legal status, privileges or immunities are not fully respected, it shall immediately inform IOM; It is not included in the most recent Consolidated United Nations Security Council Sanctions List nor is it the subject of any sanctions or other temporary suspension. The Implementing Partner will disclose to IOM if it becomes subject to any sanction or temporary suspension during the term of this Agreement; It must not employ, provide resources to, support, contract or otherwise deal with any person, entity or other group associated with terrorism as per the most recent Consolidated United Nations Security Council Sanctions List (the “UN Sanctions List”) and all other applicable anti-terrorism legislation. If, during the term of this Agreement, the Implementing Partner determines there are credible allegations that funds transferred to it in accordance with this Agreement have been expressly authorized used to provide support or assistance to individuals or entities associated with terrorism, it will inform IOM immediately who in writing consultation with the donors as appropriate, shall determine an appropriate response. The Implementing Partner shall ensure that this requirement is included in all subcontracts. The Implementing Partner warrants that it shall abide by Sellerthe highest ethical standards in the performance of this Agreement, which includes not engaging in any fraudulent, corrupt, discriminatory or exploitative practice or practice inconsistent with the rights set forth in the Convention on the Rights of the Child. The Implementing Partner shall immediately inform IOM of any suspicion that the following practice may have occurred or exist: a corrupt practice, defined as the offering, giving, receiving or soliciting, directly or indirectly, of anything of value to influence the action of IOM in the procurement process or in contract execution; (d) Purchaser has not provided electrical service conforming to applicable electrical codesa fraudulent practice, defined as any act or omission, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specificationsmisrepresentation or concealment, that knowingly or recklessly misleads, or attempts to mislead, IOM in the procurement process or the execution of a contract, to obtain a financial gain or other benefit or to avoid an obligation or in such a way as to cause a detriment to IOM; a collusive practice, defined as an undisclosed arrangement between two or more bidders designed to artificially alter the results of the tender process to obtain a financial gain or other benefit; a coercive practice, defined as impairing or harming, or threatening to impair or harm, directly or indirectly, any participant in the tender process to influence improperly its activities, or affect the execution of a contract; an obstructive practice, defined as (ei) Purchaser fails deliberately destroying, falsifying, altering or concealing of evidence material to perform timely operating maintenance as specified IOM investigations, or making false statements to IOM investigators in Sellerorder to materially impede a duly authorized investigation into allegations of fraudulent, corrupt, collusive, coercive or unethical practices; and/or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation; or (ii) acts intended to materially impede the exercise of IOM’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall be performed on regularly business days contractual rights of access to information; any other unethical practice contrary to the principles of efficiency and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during economy, equal opportunity and open competition, transparency in the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICESprocess and adequate documentation, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereinhighest ethical standards in all procurement activities.

Warranties. Seller The Service Provider warrants that upon receipt of the Final Payment, title to the Equipment shall pass to Purchaser free that: It is a company financially sound and clear not withstanding any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal use, as defined belowduly licensed, with adequate human resources, equipment, competence, expertise and skills necessary to provide fully and satisfactorily, within the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaserstipulated completion period, all warranties will be considered suspended the Services in accordance with this Agreement; It shall comply with all applicable laws, ordinances, rules and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation regulations when performing its obligations under this warranty Agreement; In all circumstances it shall act in the event that: (a) the Equipment has been subject to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault best interests of SellerIOM; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement No official of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers IOM or any third partyparty has received from, unless will be offered by, or will receive from the same shall have been expressly authorized in writing by SellerService Provider any direct or indirect benefit arising from the Agreement or award thereof; (d) Purchaser It has not provided electrical service conforming misrepresented or concealed any material facts in the procurement of this Agreement; The Service Provider, its staff or shareholders have not previously been declared by IOM ineligible to applicable electrical codes, including a dedicated line for power supply be awarded agreements by IOM; It will maintain reasonable and appropriate polarization organizational, administrative, physical, and grounding technical safeguards to ensure the integrity and confidentiality of the information shared pursuant to this Agreement. The safeguards shall be designed to protect against any foreseeable threats or risks to the security and integrity of such information as well as the unauthorized access, use or disclosure thereof. If requested by IOM at any time during the term of this Agreement, the Service Provider shall provide IOM with copies of its policies, protocols, records, and other relevant materials implementing the safeguards; It has or shall take out relevant insurance coverage for the period the Services are provided under this Agreement; The Price specified in this Agreement shall constitute the sole remuneration in connection with this Agreement. The Service Provider shall not accept for its own benefit any trade commission, discount or similar payment in connection with activities pursuant to this Agreement or the discharge of its obligations thereunder. The Service Provider shall ensure that any subcontractors, as well as the personnel and agents of either of them, similarly, shall not receive any such additional remuneration; It shall respect the legal status, privileges and immunities of IOM as an intergovernmental organization, such as inviolability of documents and archive wherever it is located, exemption from taxation, immunity from legal process or national jurisdiction. In the event that the Service Provider becomes aware of any situation where IOM’s legal status, privileges or immunities are not fully respected, it shall immediately inform IOM; It is not included in the most recent United Nations Security Council Consolidated List nor is it the subject of any sanctions or other temporary suspension. The Service Provider will disclose to IOM if it becomes subject to any sanction or temporary suspension during the term of this Agreement; It must not employ, provide resources to, support, contract or otherwise deal with any person, entity or other group associated with terrorism as per the most recent United Nations Security Council Consolidated List and all other applicable terrorism legislation. If, during the term of this Agreement, the Service Provider determines there are allegations or suspicions that funds transferred to it in accordance with Seller’s specificationsthis Agreement have been used to provide support or assistance to individuals or entities associated with terrorism, or (e) Purchaser fails to perform timely operating maintenance it will inform IOM immediately who in consultation with the donors as specified appropriate, shall determine an appropriate response. The Service Provider shall ensure that this requirement is included in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereinall subcontracts.

Warranties. Seller warrants that upon receipt of the Final Payment, title to the Equipment shall pass to Purchaser free and clear not withstanding notwithstanding any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal use, as defined below, with the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty in the event that: (a) the Equipment has been subject to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault of Seller; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided herein

Warranties. Without prejudice to representations or warranties under law or otherwise given by Seller, Seller expressly warrants that upon receipt of the Final Payment, title to the Equipment shall pass to Purchaser free and clear not withstanding any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal use, as defined below, with the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty in the event guarantees that: (a) the Equipment has been subject to abusegoods shall be (i) fit for their intended purpose, improper application(ii) merchantable, alteration(iii) new, accident or negligence in use(iv) free from liens, storageclaims and/or encumbrances, transportation or handling(v) of good material and workmanship, and such actions or occurrences are not the fault of Seller(vi) free from defects; and (b) the Equipment is used services shall be performed in combination or connection with other equipment, attachments not approved a good and workmanlike manner and in writing by Seller for use in combination or connection accordance with the equipment; highest industry standards. Seller agrees to replace or correct, at Buyer’s sole discretion and without cost to Buyer, any goods not conforming to the foregoing requirements. Seller shall bear all cost of retrieval and redelivery to Buyer’s facility. At Buyer’s sole discretion, Seller shall re-perform any services not performed to Buyer’s satisfaction at no cost to Buyer. The warranty period shall commence upon delivery or acceptance of the goods or performance of the services, whichever is later, and remain valid for one year or the length of Seller’s standard warranty period, whichever is longer. Seller shall ensure Buyer will be afforded all warranties of third parties, including indefeasible title, in and to the goods. Payment shall not constitute acceptance of or satisfaction with the goods or services of Seller or constitute any waiver by Buyer of its rights and remedies hereunder or at law. Seller shall not disseminate or modify Buyer’s drawings, prints and other specifications (ccollectively, “Buyer’s documents”) installationwithout Buyer’s prior written consent. If Buyer furnishes Seller drawings, repair, replacement of parts, adjustment, service , prints or other work on the Equipment is performed by Purchaserspecifications, Purchaser’s customers or any third party, unless the same shall not relieve Seller of any obligations hereunder. Further, Seller shall, prior to the commencement of any work hereunder, have been expressly authorized the obligation to review Buyer’s documents for completeness, accuracy and compliance with all industry regulations and standards. Seller shall immediately notify Buyer of any inconsistency in writing by Seller; (d) Purchaser has not provided electrical service conforming to Buyer’s documents with the Purchase Order, applicable electrical codesregulations, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereinstandards.

Warranties. Seller warrants that upon receipt 13.01 In addition to any specific warranties required by the Contract Documents, Construction Manager hereby warrants: (a) That all Work will be performed in a first-class and workmanlike manner and according to generally accepted standard of best industry practices and so as to achieve the Highest Intent of the Final PaymentContract; (b) That all materials and equipment furnished as part of the construction shall be new, title unless otherwise specified in the Contract Documents, of first class quality, in conformance with the Contract Documents and free of defects in materials and workmanship; and (c) That, except as hereinafter provided, all Work, materials and equipment will comply with the Contract Documents and be free from faults and defects in material or workmanship for a period of one (1) year from the date of Substantial Completion of the Work, earlier occupancy in whole or part notwithstanding. 13.02 All warranties for materials or equipment furnished to Construction Manager or Subcontractors by any manufacturer or supplier shall be deemed to run to the Equipment benefit of Owner. If any manufacturer or supplier of any materials or equipment furnishes a warranty for a period greater than one (1) year from the date of Substantial Completion, Construction Manager’s warranty as provided in the preceding ITEM 13.01 shall pass be deemed to Purchaser free and clear not withstanding any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal use, extend for a like period as defined below, with the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with a to such materials or equipment. 13.03 Within five (5) year limited system days after receipt of written notice thereof, Construction Manager shall at its expense initiate the correction of any faults or defects in material or workmanship found during the applicable warranty as measured from the original date of installation period and subsequent approval to use from Local Township shall repair, correct or Utility whichever occurs first for parts and laborreplace any Work or property damage relating to, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all resulting from such defects. 13.04 The warranties will be considered suspended contained herein and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty elsewhere in the event that: (a) the Equipment has been subject Contract Documents shall not be construed to abuse, improper application, alteration, accident modify or negligence limit in use, storage, transportation any way any rights or handling, remedies which Owner may otherwise have against Construction Manager. 13.05 Originals of all guarantees and such actions or occurrences are not the fault of Seller; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing warranties furnished to Construction Manager and Subcontractors by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply all manufacturers and appropriate polarization and grounding in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty suppliers shall be performed on regularly business days delivered to Owner. Such guarantees and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests warranties, with duly executed instruments assigning the guarantees and warranties to Owner, shall be delivered to Project Manager prior to final payment for warranty fulfillment must be made during the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereinWork.

Warranties. Seller A. In addition to any other warranties of Vendor applicable to the equipment, Vendor warrants that upon receipt it will maintain the equipment, both during the warranty period and thereafter for the duration of this Agreement, in such a manner so that the equipment shall be ninety-five percent (95%) operationally available. For purpose of this section, “operational availability” is defined as “the time the system/subsystem, for which the equipment specified in any Purchase Order hereto was purchased, is available to the users to do useful work.” Percentage of operational availability (“OA”) as so defined shall be determined by application of the Final Payment, title formula OA = A − (B + C) where A −C A = the hours of the Call Window during the given month. B = the hours in that month during which the system/subsystem is unavailable to the Equipment shall pass user to Purchaser free and clear not withstanding any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal usedo useful work, as defined below, with the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with due to a five Vendor- supplied hardware malfunction (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components time Vendor is notified of the solar system in addition to repairs to portions problem until the time repair is completed, provided such notification is received during the hours of roofs directly affected contract coverage). C = scheduled Preventive Maintenance for that month. If PM is scheduled by mutual agreement of Vendor and Customer but the system/subsystem is not released by the installation Customer, than any downtime prior to the next scheduled PM shall be excluded from the availability calculation. B. In the event that the Vendor is the manufacturer of the solar system. Pre-existing conditions including but not limited equipment, Vendor warrants that all engineering changes generally adopted hereafter by Vendor on similar equipment shall be made to Structural the equipment to be maintained hereunder at no cost to the Customer, provided however, that if such an engineering change is an enhancement which Vendor generally markets at extra cost or which by its addition increases the price of later- marketed equipment, then Customer shall be charged the lowest price for such enhancement which Vendor charges any of its other customers or purchasers of its equipment. C. The Services will be performed in a timely and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests workmanlike manner, using only qualified maintenance technicians, totally familiar with the equipment and its operation. D. Vendor warrants that the performance of the Purchaser, all warranties Services by Vendor will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty not in the event that: (a) the Equipment has been subject to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault of Seller; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service , any way constitute an infringement or other work on the Equipment is performed by Purchaserviolation of any copyright, Purchaser’s customers trade secret, trademark, patent, invention, proprietary information or non- disclosure rights of any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided herein.

Warranties. Seller CWC hereby represents and warrants that upon receipt of that: (a) CWC has not entered into agreements or commitments which are inconsistent with or conflict with the Final Paymentrights granted to GM herein; (b) Except for any security interest established by GM herein, title to the Equipment Products shall pass to Purchaser be free and clear not withstanding any lender(s) executed securitization of noted any all liens and all Equipment. Seller encumbrances, and GM shall provide Purchaser under normal use, as defined below, with the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval be entitled to use from Local Township or Utility whichever occurs first for parts and labor, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty in the event that: (a) the Equipment has been subject to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault of Seller; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; Products without disturbance; (c) installationExcept as provided for in the Statement of Work, repair, replacement all Products shall comply with all applicable provisions of parts, adjustment, service , standards or other work on draft standards issued by the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Seller; international Standards Organization (ISO); (d) Purchaser has not provided electrical service conforming Each Product (i) shall be free from defects in manufacture, materials, and design, (ii) shall be manufactured in a good and workmanlike manner using a skilled staff fully qualified to applicable electrical codesperform their respective duties, including a dedicated line for power supply and appropriate polarization (iii) shall function properly under ordinary use and grounding operate in accordance conformance with Seller’s specifications, its Applicable Specifications and Documentation or CWC shall repair or replace the defective Product at no charge to GM during any period when GM is making maintenance payments to CWC. (e) Purchaser fails Where applicable as indicated in a Statement of Work, the Products are, and shall continue to perform timely operating maintenance be, data, program, and upward compatible with any other Products available or to be available from CWC so that data files created for a Product can be utilized without adaptation of the other Products and so that programs written for Products will operate on the other Products and not result in the need for alteration, emulation, or the loss of efficiency. Where applicable, as specified indicted in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty a Statement of Work each Product is, and shall continue t be, compatible with other Products provided by CWC and each Product contained within a Project shall be performed on regularly business fully integrated, compatible, and operable with all other Products contained within the Project. CWC shall provide to GM at least ninety (90) days and during Seller’s regular business hours within a reasonable time following Purchaser’s requestprior written notice to discontinue any Product. All requests for warranty fulfillment must be made during If the stated warranty periodcourse of the evolution of the technology, conditions outside CWC's control limit CWC from compliance with the condition, GM will release CWC from its responsibility to meet this provision. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES WHETHER EXPRESSED, IMPLIED OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, STATUTORY INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided herein.

Warranties. Seller warrants that upon receipt All materials and equipment shall be fully guaranteed against defects in material and workmanship for a period of following date of the Final Paymentdelivery. Should any defect be noted by the owner, title the Purchasing Office will notify CONTRACTOR of such defect or non- conformance. Notification will state either (1) that CONTRACTOR shall replace or correct, or (2) COUNTY does not require replacement or correction, but an equitable adjustment to the Equipment contract price will be negotiated. If CONTRACTOR is required to correct or replace, it shall pass be at no cost to Purchaser free COUNTY and clear not withstanding shall be subject to all provisions of this clause to the same extent as materials initially delivered. If CONTRACTOR fails or refuses to replace or correct the deficiency, the office issuing the purchase order may have the materials corrected or replaced with similar items and charge CONTRACTOR the costs occasioned thereby or obtain an equitable adjustment in the contract price. CONTRACTOR agrees that the supplies or services furnished under this AGREEMENT shall be covered by the most favorable commercial warranties CONTRACTOR gives any lender(s) executed securitization of noted any customer for such supplies or services and all Equipment. Seller shall provide Purchaser under normal use, as defined below, with that the limited manufacturer's warranties for the solar modules, inverters rights and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components of the solar system remedies provided therein are in addition to repairs and do not limit those available to portions of roofs directly affected by the installation of the solar systemCOUNTY. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the PurchaserCONTRACTOR warrants that, unless otherwise specified, all warranties will be considered suspended materials and non-enforceable until full payment is received from equipment incorporated in the Purchaser. Seller shall have no obligation work under this warranty in the event that: (a) the Equipment has been subject to abuseAGREEMENT shall be new, improper application, alteration, accident or negligence in use, storage, transportation or handlingfirst class, and such actions or occurrences are not the fault of Seller; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specificationsthe Agreement Documents. CONTRACTOR further warrants that all workmanship shall be of the highest quality in the trade, profession, or (e) Purchaser fails to perform timely operating maintenance as specified industry and in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty accordance with Agreement Documents and shall be performed on regularly business days by persons qualified in their respective trades. Work not conforming to these warranties shall be considered defective. This warranty of materials and during Seller’s regular business hours within a reasonable time following Purchaser’s requestworkmanship is separate and independent from and in addition to any other guarantees in this AGREEMENT. All requests for warranty fulfillment A copy of all warranties must be made during furnished with the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereinexecuted AGREEMENT.

Warranties. Seller Supplier warrants that upon receipt of the Final Payment, title to the Equipment shall pass to Purchaser free and clear not withstanding any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal use, as defined below, with the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty in the event that: (a) the Equipment has been subject all goods and/or services sold pursuant hereto will be free of any claim by any third person and that Supplier will convey clear title to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault of SellerCompany; (b) all services furnished hereunder shall be performed by technically competent and qualified personnel in a safe and workmanlike manner, shall conform to the Equipment is used requirements of this Order including any specifications attached or referenced herein, shall be performed in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection accordance with the equipmenthighest generally accepted professional standards associated with the particular industry, trade, and/or discipline involved and shall be fit for the purpose for which intended; (c) installationall goods sold pursuant hereto will be of new (unless expressly specified otherwise) merchantable quality, repairfree from all defects in design, replacement workmanship and materials, fit for the particular purpose(s) for which purchased and provided in strict accordance with the specifications, samples, drawings, designs and other requirements (including performance specifications) of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Sellerthis Order; (d) Purchaser has not provided electrical service conforming to all work hereunder shall be performed in strict accordance with all applicable electrical laws, regulations, codes, including a dedicated line for power supply and appropriate polarization standards of any governmental agency or entity having jurisdiction; and grounding in accordance with Seller’s specifications, or (e) Purchaser fails Supplier has all required permits and licenses necessary to perform timely operating maintenance as specified in Seller’s Operator’s Manualthe services and that its services will conform with all applicable permits and licenses. Repairs Copies of such permits or replacements qualifying under this warranty licenses shall be performed on regularly business days provided to Company upon request. Supplier will promptly notify Company in writing in the event any permit or license related to this Supplier or to Supplier's authorization or capacity to perform hereunder is revoked or has expired. For goods, if at any time prior to one (1) year from the date that the goods are first used for the purposes intended by Company or four (4) years from the date of final acceptance by Company, whichever occurs first, it appears that the goods or any part thereof do not conform to these warranties and during Seller’s regular business hours Company so notifies Supplier within a reasonable time following Purchaser’s requestafter such discovery, Supplier, at its sole expense and after obtaining Company's concurrence, shall promptly correct such nonconformity or replace the nonconforming goods. All requests The warranty period for such corrected or replaced goods shall be of an equal duration as the original warranty fulfillment must period and shall commence upon acceptance of such corrected or replaced goods. For services, if at any time prior to two (2) years from the date that the services are completed, it appears that the services do not conform to these warranties and Company so notifies Supplier within a reasonable time after such discovery, Supplier, at its sole expense and after obtaining Company's concurrence, shall promptly correct such nonconformity. The warranty period for such corrected services shall be made during of an equal duration as the stated original warranty periodperiod and shall commence upon acceptance of such corrected service. Normal Use for any Equipment is deemed If Supplier fails to be continuousfulfill its obligations under this paragraph, Company may reject or revoke acceptance and cover by purchasing substitute goods or may proceed to make corrections or accomplish Supplier's work by the most expeditious means available. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereinThe cost of cover or

Warranties. In addition to all warranties implied by law and any express warranties provided by Seller, Seller warrants that upon receipt of the Final Payment, title to the Equipment all Products and/or Services shall pass to Purchaser (a) be free and clear of all liens, security interests or other encumbrances; (b) conform to all drawings, samples or other descriptions furnished or specified by Buyer or Seller; (c) conform to any specifications furnished or specified by Buyer; (d) be merchantable; (e) be fit for their intended purpose and operate as intended; (f) be free from defects in design, material and workmanship; and (g) not withstanding infringe or misappropriate any lender(s) executed securitization of noted any and all Equipmentthird party's patent or other intellectual property rights. Seller further represents and warrants that time is of the essence, and therefore it shall provide Purchaser utilize independent discretion and judgment in discharging its responsibilities in a timely, professional and workmanlike manner in accordance with internationally accepted standards, and shall, at all times: (i) use individuals of suitable training and skill to perform its duties and responsibilities under normal usethe Agreement; (ii) be in possession of all the necessary permits, facilities, resources and personnel required to perform its duties and responsibilities under the Agreement and that during the Term of the Agreement, all such licenses, permits and/or registrations are and shall remain current and in good standing; (iii) that the Products and/or Services covered by the Purchase Order were not manufactured or delivered and are not being sold, priced or performed in violation of any applicable law, rule or regulation; (iv) comply with all applicable statutes, rules, regulations, and orders of any authorized governmental entity, including those more specifically set forth in Section 21 and 22 of these Conditions below, and agrees to indemnify Buyer against any Losses (as defined below, with ) by reason of Seller’s or Seller’s Supplier’s violation thereof and (v) not employ individuals who have violated the limited manufacturer's warranties for the solar modules, inverters and rackinglaws reference in part (iv). Seller hereby certifies that neither it nor any Seller Supplier has been debarred and has not been convicted of a crime which could lead to debarment in North America (“NA”) under the Generic Drug Enforcement Act of 1992 or outside NA under any applicable legislation. If Seller or any Seller’s Supplier who provide Products and/or Services hereunder is debarred or receives notice of an action or threat of action of debarment, Seller shall immediately notify Buyer of same. If such debarment or notice of action or threat of action of debarment occurs during the provision of Products and/or Services hereunder, Seller must also provide Purchaser with a five (5) year limited system warranty as measured immediately remove that Seller employee or Supplier from the original date provision of installation Products and/or Services to Buyer, in which case, Buyer shall have all remedies available to it as are set forth in the Agreement or available at law, to be exercised at Buyer’s election. Seller represents and subsequent approval warrants that, having made reasonable enquiries, to use from Local Township the best of its knowledge, neither the Seller nor any of its officers or Utility whichever occurs first for parts and laboremployees (i) has been convicted of any offence involving human rights violations, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural slavery, child labor and Electrical defects are not includedhuman trafficking; (ii) has been or is the subject of any investigation, inquiry or enforcement proceedings by any governmental, administrative or regulatory body regarding any offence or alleged offence of human rights or in connection with slavery, child labor and human trafficking. If Purchaser does not make These warranties survive any delivery, inspection, acceptance or payment in full as provided in this agreement including any change orders of or extras caused for the Products and/or Services by unforeseen or concealed conditions or requests Buyer. Any applicable statute of limitations runs from the date of Xxxxx's discovery of the Purchasernoncompliance of the Products and/or Services with the foregoing warranties. In addition, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty in the event that: (a) the Equipment has been subject to abusebe liable for and hold Buyer harmless from any loss, improper application, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault of Seller; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service damage, or other work on expense whatsoever that the Equipment is performed by Purchaser, Purchaser’s customers or Buyer may suffer from a breach of any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereinof these warranties.

Warranties. Seller In addition to all other warranties, express or implied in law, Supplier warrants that upon receipt all products delivered hereunder shall be merchantable, free from defects in workmanship and materials, and shall strictly conform to applicable specifications including performance specifications, drawings and approved samples, if any, and will be fit and sufficient for the purposes intended, and, if of Supplier's design, will be free from design defects. Supplier further warrants that all products shall be in conformance with the most current standards established by the Occupational Safety and Health Act of 1970 and the Consumer Product Safety Act of 1972 as amended. In addition, Supplier warrants that all of Supplier’s employees are aware of their contribution to product or service conformity, as well as their contribution to product safety, and the importance of ethical behavior. All warranties including service warranties and guarantees shall run to ACA, its customers and subsequent owners of the Final Paymentproducts or end products of which they are a part. In the event of a breach hereunder, title ACA may require that the products be repaired or replaced by Supplier, or ACA may return all or some of the products to Supplier for refund or ACA may retain the Equipment products. In the event ACA retains the products, the price of this Purchase Order shall pass be equitably reduced. ACA may replace such products with similar products and charge the Supplier the cost occasioned to Purchaser free ACA thereby. ACA shall also have the option to perform or have performed by others the necessary repairs and clear not withstanding charge the cost of such repairs to Supplier. Transportation charges to and from Supplier's plant and other incidental expenses and responsibility for defective products while in transit shall be borne by Supplier. In the event of a breach of any lender(s) executed securitization of noted the warranties herein provided or of any warranties express or implied in law, Supplier agrees to pay and indemnify ACA, its customers or subsequent owners for all liability, loss, costs and expenses resulting from such breach including the cost of tests performed by ACA in determining whether a breach has occurred, and all Equipmentcosts of disassembly and reassembly, attorney's fees and costs of litigation. Seller The rights and remedies of ACA herein provided shall provide Purchaser under normal usenot be construed to negate, as defined below, with the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty in the event that: (a) the Equipment has been subject to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault of Seller; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service replace, or other work on the Equipment is performed limit, but shall be additional to any rights of ACA as a result of breach of warranty by PurchaserSupplier by virtue of any applicable laws or regulations. All warranties shall be construed as conditions as well as promises and shall not be deemed to be exclusive. Except for latent defects, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specificationsfraud, or (e) Purchaser fails gross mistake amounting to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under fraud, the term of this warranty shall be performed on regularly business days twelve (12) months after delivery to and during Seller’s regular business hours within a reasonable time following Purchaser’s requestacceptance by ACA's customer or twenty-four (24) months after delivery to and acceptance by ACA, whichever first occurs. All requests for Any products corrected or furnished in replacement by Supplier pursuant to this paragraph shall also be subject to all the provisions of this paragraph to the same extent as products initially delivered. The warranty fulfillment must with respect to such products shall be made during equal in duration to that herein set forth and shall run from the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties date of delivery and acceptance by ACA of such corrected or guarantees beyond those provided hereinreplaced products.

Warranties. Seller warrants LESSOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONDITION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF, THE ABSENCE OR ANY CLAIM OF INFRINGEMENT OR THE LIKE WITH RESPECT TO, OR ANY OTHER MATTER CONCERNING, THE EQUIPMENT AND EXPRESSLY DISCLAIMS ANY SUCH WARRANTIES OR ANY OTHER WARRANTIES IMPLIED BY LAW. LESSEE HEREBY WAIVES ANY CLAIM IT MIGHT HAVE AGAINST LESSOR FOR ANY LOSS, DAMAGE OR EXPENSE CAUSED BY THE EQUIPMENT OR BY ANY DEFECT THEREIN, OR BY THE USE OR MAINTENANCE OF, OR SERVICING OR ADJUSTMENT TO, THE EQUIPMENT AND, AS TO LESSOR, LEASES THE EQUIPMENT AS-IS AND WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. LESSOR WILL NOT BE LIABLE FOR ANY LOSS OR INTERRUPTION OF OR DAMAGE TO LESSEE'S BUSINESS ON ACCOUNT OF ANY MECHANICAL FAILURE OR DELAY IN CONNECTION WITH THE FURNISHING OR USE OF THE EQUIPMENT. Lessee acknowledges that upon Lessor is not a dealer or manufacturer of equipment of any kind and is not the seller of the Equipment, and that each unit of Equipment is of a type, size, design and capacity selected solely by Lessee. Lessee also acknowledges that Lessor supplies the Equipment without any obligation to install, test, erect, service or maintain the Equipment. If the Equipment is not properly installed, does not operate as represented or warranted by the manufacturer or seller thereof, or is unsatisfactory for any reason, Lessee shall make any claim on account thereof solely against the manufacturer or seller and no such occurrence shall relieve Lessee of any of its obligations under this Lease. The only warranty applicable to any Equipment is the manufacturer's warranty, if any (in the case of new Equipment), and Lessor makes no warranty to Lessee beyond that contained in the manufacturer's warranty, if any. Lessee acknowledges receipt of the Final Paymentmanufacturer's warranty with respect to any new Equipment. So long as Lessee is not in default under this Lease, title Lessor assigns to Lessee any manufacturer's, seller's or other warranty, whether express or implied, on the Equipment shall pass to Purchaser free and clear not withstanding any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal use, claim that Lessor may have as defined below, with the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components owner of the solar system in addition to repairs to portions of roofs directly affected Equipment against the manufacturer or supplier or any other person. All claims or actions on any warranty shall be made or prosecuted by the installation of the solar system. Pre-existing conditions including but not limited to Structural Lessee, at its sole expense, and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller Lessor shall have no obligation whatsoever to make any claim on such warranty. Any recovery in cash or cash equivalents under this such warranty in shall be made payable jointly to Lessee and Lessor. At Lessor's option, all cash proceeds or cash equivalents from such warranty recovery may be used to repair or replace the event that: (a) the Equipment has been subject Equipment. Lessee shall continue to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault of Seller; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming pay rent to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance Lessor as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests Lease, notwithstanding any claim for warranty fulfillment must be made during the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereinbreach of warranty.

Warranties. Seller Supplier warrants that upon receipt of the Final Payment, title to the Equipment shall pass to Purchaser free and clear not withstanding any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal use, as defined below, with the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty in the event that: (a) the Equipment has been subject all goods and/or Services sold pursuant hereto shall be free of any claim by any third person and that Supplier shall convey clear title to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault of SellerCompany; (b) all Services furnished hereunder shall be performed by technically competent and qualified personnel in a safe and workmanlike manner, shall conform to the Equipment is used requirements of the Agreement including any Scope of Work attached as an exhibit to the Agreement, shall be performed in combination or connection accordance with other equipment, attachments not approved in writing by Seller for use in combination or connection generally accepted professional standards associated with the equipmentparticular industry, trade, and/or discipline involved and shall be fit for the purpose for which intended; (c) installationall goods sold pursuant hereto shall be of new (unless expressly specified otherwise) merchantable quality, repairfree from all defects in design, replacement workmanship and materials, fit for the particular purpose(s) for which purchased and provided in strict accordance with the specifications, samples, drawings, designs and other requirements (including performance specifications) of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by SellerAgreement; (d) Purchaser has not provided electrical service conforming to all Services shall be performed in strict accordance with all applicable electrical laws, regulations, codes, including a dedicated line for power supply and appropriate polarization standards of any governmental agency or entity having jurisdiction; and grounding in accordance with Seller’s specifications, or (e) Purchaser fails Supplier has all required permits and licenses necessary to perform timely operating maintenance as specified in Seller’s Operator’s Manualthe Services and that the Services shall conform with all applicable permits and licenses. Repairs Copies of such permits or replacements qualifying under this warranty licenses shall be performed on regularly business days provided to Company upon request. Supplier shall promptly notify Company in writing in the event any permit or license related to this Supplier or to Supplier’s authorization or capacity to perform Services hereunder is revoked or has expired. For goods, if at any time prior to one (1) year from the date that the goods are first used for the purposes intended by Company or two years from the date of final acceptance by Company, whichever occurs first, it appears that the goods or any part thereof do not conform to these warranties and during Seller’s regular business hours Company so notifies Supplier within a reasonable time following Purchaserafter such discovery, Supplier, at its sole expense and after obtaining Company’s requestconcurrence, shall promptly correct such nonconformity or replace the nonconforming goods. All requests The warranty period for such corrected or replaced goods shall be of an equal duration as the original warranty fulfillment must period and shall commence upon acceptance of such corrected or replaced goods. For Services, if at any time prior to one (1) year from the date that the Services are completed, it appears that the Services do not conform to these warranties and Company so notifies Supplier within a reasonable time after such discovery, Supplier, at its sole expense and after obtaining Company’s concurrence, shall promptly correct such nonconformity. The warranty period for such corrected Services shall be made during of an equal duration as the stated original warranty periodperiod and shall commence upon acceptance of such corrected Services. Normal Use If Supplier fails to fulfill its obligations under this paragraph, Company may proceed to make corrections or accomplish the Services by the most expeditious means available, and the cost of cover or correction performed by Company shall be for Supplier’s account. Company shall not be billed for any Equipment is deemed to task(s) performed unsatisfactorily or defective parts, materials and equipment and shall be continuousreimbursed within thirty (30) days by Supplier upon demand of Company if an invoice has been previously paid for such improper or defective Services or goods. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereinAny and

Warranties. Seller (a) Supplier warrants that upon receipt all Services provided hereunder will be performed in a good workmanlike manner, with that standard of care, skill, and diligence normally provided by a similar professional in the Final Payment, title to the Equipment shall pass to Purchaser free performance of similar services in accordance with applicable specifications and clear not withstanding any lender(sindustry standards. (b) executed securitization of noted any Supplier warrants that all Services and all Equipment. Seller shall provide Purchaser under normal useAdvertisements, as defined belowin Section 10(a), provided hereunder, will conform and perform to the specifications stated in each applicable Schedule, if any. (c) Supplier warrants that all Advertisements produced under this Agreement will be of original development by Supplier or that Supplier has the legal right to convey the right, title, and/or interest in such Advertisements as is contemplated by Section 10. Supplier also warrants that its agreements with its employees, subcontractors and agents performing Services provide that Supplier is the limited manufacturer's warranties for owner of all materials developed and/or produced by Supplier’s personnel, and that Supplier can convey the solar modulesunencumbered rights set forth herein to Allstate. (d) Each party warrants that neither its performance under this Agreement, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from nor the original date of installation and subsequent approval to use from Local Township performance by its employees, subcontractors or Utility whichever occurs first for parts and laboragents, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including including, but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders its production of tangible or extras caused by unforeseen intangible products, will misappropriate, infringe upon or concealed conditions or requests violate the rights of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty in the event that: (a) the Equipment has been subject to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault of Seller; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codesincluding property, including a dedicated line for power supply contractual, employment, proprietary information and appropriate polarization and grounding in accordance with Seller’s specificationsnon-disclosure rights, or patent, copyright, trade secret, trademark or other proprietary rights. (e) Purchaser fails Each party covenants and agrees to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying comply with all applicable federal, state and local laws and regulations relating to the performance of Services under this warranty Agreement. (f) Supplier warrants that it shall be performed on regularly business days not assign Allstate work to any personnel whom Supplier knows, or should have reasonably known, to have been convicted of a felony involving dishonesty or breach of trust. Supplier further warrants that it shall not bring upon Allstate premises any personnel whom Supplier knows, or should have reasonably known, may pose a significant risk to the health or safety of others. [***] Certain information in this agreement has been omitted and during Seller’s regular business hours within a reasonable time following Purchaser’s requestfiled separately with the Securities and Exchange Commission. All requests for warranty fulfillment must be made during Confidential treatment has been requested with respect to the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereinomitted portions.

Warranties. Seller Construction Manager shall obtain and assign to Owner on a non-exclusive basis all warranties given to Construction Manager by any subcontractors or by any suppliers supplying materials, equipment or fixtures to be incorporated into the Project. Construction Manager expressly warrants to Owner that all materials and equipment to be incorporated into the Work shall be new unless otherwise specified. Further, Construction Manager expressly warrants to Owner that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Construction Manager further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. Further, any warranty to be provided will be in such form as is acceptable to Owner and shall not include any exclusions, exceptions or modifications except to the extent approved by Owner in its sole discretion. In addition to all other rights and remedies available to Owner at law or in equity, including any implied warranties Owner may be entitled to as a matter of law, Construction Manager expressly warrants to Owner that it shall promptly correct, upon receipt of written notice from Owner, any portion of the Final PaymentWork which is found to be defective or otherwise not in conformance with the requirements of the Contract Documents. In the event that any defective or non-conforming work is deemed by Owner in its sole discretion to present an immediate threat to safety or security, title Owner shall be entitled to correct and fix such defective or non-conforming portions of the Work, and Construction Manager shall reimburse Owner for all costs and expenses incurred by Owner in performing such Work. This obligation to correct defective or nonconforming Work shall run for a period of one (1) year (or such longer period of time as may otherwise be specified in the Contract Documents) commencing on the date CO/TCO/CC from Building Code Office is achieved, unless otherwise explicitly documented on the Architect’s Certificate of Substantial Completion, fully executed by the Owner, Architect, and Construction Manager. With respect to the Equipment correction of any defective or nonconforming Work, Construction Manager shall pass be liable for all damage to Purchaser free and clear not withstanding any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal use, as defined below, with the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components part of the solar system in addition Work itself and to repairs to portions any adjacent property which is caused by such corrective work. Construction Manager and Owner shall jointly conduct with Owner, a warranty inspection at eleven (11) months after the date the Architect’s Certificate of roofs directly affected by the installation Substantial Completion is issued. Construction Manager is responsible for scheduling, notification and execution of the solar systemeleven (11) month inspection. Pre-existing conditions including but Any items not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full covered as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests a result of the Purchaser, all lapsed warranties will be considered suspended and non-enforceable until full payment is received from the Purchaserresponsibility of the Construction Manager. Seller shall have no obligation under this Construction Manager’s warranty in the event that: (a) the Equipment has been subject to excludes remedy for damage or defect caused by Owner’s abuse, improper application, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are modifications not the fault of Seller; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service , or other work on the Equipment is performed by PurchaserConstruction Manager, Purchaser’s customers improper or any third party, insufficient maintenance by Owner (unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding such maintenance was performed in accordance with Seller’s specificationsthe directions from Construction Manager), improper operation by Owner (unless such operations were performed in accordance with the directions from Construction Manager), or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying normal wear and tear under this warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereinnormal usage.

Warranties. All of Seller’s drawings, descriptive matter, weights, dimensions, descriptions and illustrations contained in Seller’s catalogues, price lists, or advertisements are approximate only and intended merely to give a general idea of the products described therein and do not form part of the parties’ agreement. Notwithstanding the foregoing, the Seller warrants that upon receipt of the Final Payment, title ordered products that were manufactured by SMS conform to the Equipment shall pass to Purchaser free any applicable drawings and clear not withstanding any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal use, as defined below, with the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty in the event that: (a) the Equipment has been subject to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault of Seller; (b) the Equipment is used in combination or connection with other equipment, attachments not approved specifications accepted in writing by Seller and will be free from any defects in material and workmanship for use a period of 12 months from the date of installation. If, within that period, the Seller receives from Buyer written notice of any alleged defect in combination or connection with non-conformance of any product, and it, in the equipment; (c) installationSeller’s sole judgement the product does not confirm or is found to be defective in material or workmanship, then, Buyer shall, at Sellers request, return the part or product F.O.B. Seller’s Factory, and Seller, at its option and expense, shall repair or replace the defective part or product or repay to Buyer the full price paid for such part or product by Buyer. Any purchase price repayment shall be without interest. Seller’s sole responsibility, and Xxxxx’s exclusive remedy hereunder shall be limited to such repair, replacement of parts, adjustment, service replacement, or other work on repayment of the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless purchase price as above provided. Component parts and accessories not of the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specifications, or (e) Purchaser fails manufacture are warranted only to perform timely operating maintenance as specified in Seller’s Operator’s Manualthe extent that they are warranted to the end user by the manufacturers thereof. Repairs or replacements qualifying under this warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE THERE ARE NO WARRANTIES OTHER WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY AND OF FITNESS FOR PURPOSE; NOR ANY AFFIRMATION OF FACT OR REPRESENTATION WHICH EXTEND EXTENDS BEYOND THE DESCRIPTION IN OF THE LIMITED WARRANTIESFACT HEREOF. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have The warranties of Seller do not cover and Seller makes no authority to give warranties or guarantees beyond those provided hereinwarranty with respect to:

Warranties. Seller warrants that upon receipt of the Final Payment, title to the Equipment shall pass to Purchaser free and clear not withstanding any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal use, as defined belowBuyer that, with the limited manufacturer's warranties respect to those Products that constitute finished goods primarily manufactured, assembled, tested, inspected and packaged by Seller, all Production Units and/or Engineering Units manufactured by Seller for Buyer pursuant to Purchase Orders delivered hereunder for Products, for the solar modulesperiod specified in Exhibit A, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty in the event thatshall: (a) conform in all respects to all of the Equipment has been subject to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handling, Product Specifications and such actions or occurrences are not the fault of Seller; (b) be free from all defects in materials and workmanship, in each case to the Equipment is used in combination or connection with other equipment, attachments not approved in writing extent verified by Seller through the testing and inspection procedures defined in the Device Master Record for use in combination such Product or connection otherwise established and agreed to by Buyer via Seller's ECO system as of the date of shipment of such units and so certified by Seller to Buyer at the time of shipment. The foregoing warranties shall not apply to any Products that have been manufactured, assembled, tested, inspected and packaged primarily by third parties. Seller shall assign to Buyer any warranties received from Seller's Suppliers with respect to any Components to the equipment; (c) installationextent that Seller is permitted to make such assignments. If Seller is not permitted to make such assignments, repairSeller shall enforce such warranties on behalf of Buyer. During this period and only during this period, replacement of parts, adjustment, service , or other Seller's responsibility shall include and be limited to the labor costs for work on the Equipment is performed by PurchaserSeller at Seller's facility, Purchaser’s customers component replacement, and domestic ground shipment of Products from Seller's facility. In all cases, costs not related to warranty repair or any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty replacement shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s requestborne by Buyer. All requests for warranty fulfillment must be made during the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICESEXCEPT AS SET FORTH ABOVE, SALESELLER MAKES NO WARRANTIES, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided herein, WITH RESPECT TO THE PRODUCTS.

Warranties. Seller 14.1 The Contractor represents and warrants that upon receipt of the Final Payment, title to the Equipment shall pass to Purchaser free it is financially sound and clear not withstanding any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal use, as defined belowduly licensed, with the limited manufacturer's warranties adequate labor/human resources, equipment and tools, competence, expertise and skills necessary to carry out fully and satisfactorily, within the stipulated completion period, the Works in accordance with this Agreement. 14.2 The Contractor guarantees and warrants the performance and completion of the design and construction work to the full and complete satisfaction of IOM. The Contractor remains responsible for the solar modulesdamages caused or identified within 12 (twelve) months from the date of issue of IOM’s Certificate of Provisional Acceptance of the Works as per Articles 4.7 or 4.8, inverters on account of defects in the construction, or the use of materials of inferior quality furnished by it, or due to any violation of the terms of the Agreement. 14.3 In case of any defect in workmanship or materials, which may become apparent in the course of construction, the Contractor shall, within 7 (seven) calendar days from IOM’s demand, at Contractor’s own cost and rackingexpense, remedy such portion of the Works done by the Contractor as in the opinion or judgment of IOM is unsound, incorrect or defective or not in accordance with the plans and specifications. 14.4 In case of Contractor’s default, failure or refusal to carry out such order to remove and replace the unsound, incorrect or defective portion of the Works within 7 (seven) days as required by the previous clause, IOM may terminate this Agreement and/or engage the services of other persons to carry out the same. Seller The Contractor shall also bear all expenses arising there from or incidental thereto. IOM may require direct reimbursement for the cost of such action from the Contractor, deduct the expenses from any amount due to the Contractor, or deduct the amount from Performance Bond, the Bank Guarantee or the Retention Amount. 14.5 If any defects or imperfections are discovered by IOM and communicated to the Contractor after provisional acceptance but prior to final acceptance of the Works due to defective or improper workmanship and/or inferior quality of the material used, the Contractor shall immediately correct such defects within a period of 5 (five) days of receipt of written notice from IOM. Where the Contractor fails to act within this period, IOM may engage the services of a third party to correct the defect and hold the Contractor liable for the cost of such services. In such circumstances the Contractor shall reimburse IOM the cost of such repair, with interest at 2% (two per cent) per month from the time such expenses were incurred until fully reimbursed. The Performance Bond, Bank Guarantee and Retention, if not yet released at the time the said defects are found, may be used for this purpose. 14.6 The Contractor shall perform repair work with the utmost care and diligence to protect existing facilities and prevent damage thereto. In the event that damage to existing facilities is caused by such repairs, the Contractor shall repair such damage at its own expense and to IOM’s satisfaction and acceptance. 14.7 The Contractor further warrants that: (a) It shall comply with all applicable laws, ordinances, rules and regulations when performing its obligations under this Agreement; (b) In all circumstances it shall act in the best interests of IOM; (c) No official or employee of IOM or any third party has received from, will be offered by, or will receive from the Contractor any direct or indirect benefit arising from the Agreement or award thereof; (d) It has not misrepresented or concealed any material facts in the procuring of this Agreement; (e) All materials used are new, legally sourced and fit for their particular purpose; (f) No asbestos or any other health hazard materials (lead paints etc.) will be used in the course of the construction; (g) The Contractor, its staff or shareholders have not previously been declared by IOM ineligible to be awarded agreements by IOM; (h) The Price specified in this Agreement shall constitute the sole remuneration in connection with this Agreement. The Contractor shall not accept for its own benefit any trade commission, discount or similar payment in connection with activities pursuant to this Agreement or the discharge of its obligations thereunder. The Contractor shall ensure that any subcontractors, as well as the officers, personnel and agents of either of them, similarly, shall not receive any such additional remuneration. (i) It shall respect the legal status, privileges and immunities of IOM as an intergovernmental organization, such as inviolability of documents and archive wherever it is located, exemption from taxation, immunity from legal process or national jurisdiction. In the event that the Contractor becomes aware of any situation where IOM’s legal status, privileges or immunities are not fully respected, it shall immediately inform IOM. (j) It is not included in the most recent Consolidated United Nations Security Council Sanctions List nor is it the subject of any sanctions or other temporary suspension. The Contractor will disclose to IOM if it becomes subject to any sanction or temporary suspension during the term of this Agreement. (k) It must not employ, provide Purchaser resources to, support, contract or otherwise deal with any person, entity or other group associated with terrorism as per the most recent Consolidated United Nations Security Council Sanctions List and all other applicable anti-terrorism legislation. If, during the term of this Agreement, the Contractor determines there are credible allegations that funds transferred to it in accordance with this Agreement have been used to provide support or assistance to individuals or entities associated with terrorism, it will inform IOM immediately who in consultation with the donors as appropriate, shall determine an appropriate response. The Contractor shall ensure that this requirement is included in all subcontracts. 14.8 The Contractor warrants that it shall abide by the highest ethical standards in the performance of this Agreement, which includes not engaging in any fraudulent, corrupt, discriminatory or exploitative practice or practice inconsistent with the rights set forth in the Convention on the Rights of the Child. The Contractor shall immediately inform IOM of any suspicion that the following practice may have occurred or exist: (a) a corrupt practice, defined as the offering, giving, receiving or soliciting, directly or indirectly, of anything of value to influence the action of IOM in the procurement process or in contract execution; (b) a fraudulent practice, defined as any act or omission, including a misrepresentation or concealment, that knowingly or recklessly misleads, or attempts to mislead, IOM in the procurement process or the execution of a contract, to obtain a financial gain or other benefit or to avoid an obligation or in such a way as to cause a detriment to IOM; (c) a collusive practice, defined as an undisclosed arrangement between two or more bidders designed to artificially alter the results of the tender process to obtain a financial gain or other benefit; (d) a coercive practice, defined as impairing or harming, or threatening to impair or harm, directly or indirectly, any participant in the tender process to influence improperly its activities, or affect the execution of a contract; (e) an obstructive practice, defined as (i) deliberately destroying, falsifying, altering or concealing of evidence material to IOM investigations, or making false statements to IOM investigators in order to materially impede a duly authorized investigation into allegations of fraudulent, corrupt, collusive, coercive or unethical practices; and/or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation; or (ii) acts intended to materially impede the exercise of IOM’s contractual rights of access to information; (f) any other unethical practice contrary to the principles of efficiency and economy, equal opportunity and open competition, transparency in the process and adequate documentation, highest ethical standards in all procurement activities. 14.9 The Contractor further warrants that it shall: (a) Take all appropriate measures to prohibit and prevent actual, attempted and threatened sexual exploitation and abuse (SEA) by its employees or any other persons engaged and controlled by it to perform activities under this Agreement (“other personnel”). For the purpose of this Agreement, SEA shall include: 1. Exchanging any money, goods, services, preferential treatment, job opportunities or other advantages for sexual favours or activities, including humiliating or degrading treatment of a sexual nature; abusing a position of vulnerability, differential power or trust for sexual purposes, and physical intrusion of a sexual nature whether by force or under unequal or coercive conditions. 2. Engaging in sexual activity with a five person under the age of 18 (5) year limited system warranty as measured from “child”), except if the original date child is legally married to the concerned employee or other personnel and is over the age of installation majority or consent both in the child’s country of citizenship and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components in the country of citizenship of the solar system concerned employee or other personnel. (b) Strongly discourage its employees or other personnel having sexual relationships with IOM beneficiaries. (c) Report timely to IOM any allegations or suspicions of SEA, and investigate and take appropriate corrective measures, including imposing disciplinary measures on the person who has committed SEA. (d) Ensure that the SEA provisions are included in all subcontracts. (e) Adhere to above commitments at all times. 14.10 The Contractor expressly acknowledges and agrees that breach by the Contractor, or by any of the Contractor’s employees, contractors, subcontractors or agents, of any provision contained in Articles 14.7, 14.8, or 14.9 of this Agreement constitutes a material breach of this Agreement and shall entitle IOM to terminate this Agreement immediately on written notice without liability. In the event that IOM determines, whether through an investigation or otherwise, that such a breach has occurred then, in addition to repairs its right to portions of roofs directly affected by terminate the installation of the solar system. Pre-existing conditions including but not limited Agreement, IOM shall be entitled to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received recover from the Purchaser. Seller shall have no obligation under this warranty Contractor all losses suffered by IOM in the event that: (a) the Equipment has been subject to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault of Seller; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereinsuch breach.

Warranties. Seller (1) For a period of one (1) year, unless the Agreement or the warranties provided by a third party for goods or services procured by Contractor provide for a longer warranty period, Contractor expressly warrants that upon receipt the goods and services covered by the Agreement are: 1) free of the Final Payment, title to the Equipment shall pass to Purchaser free liens or encumbrances; (2) merchantable and clear not withstanding any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal use, as defined below, with the limited manufacturer's warranties good for the solar modules, inverters ordinary purposes for which they are used; and racking. Seller shall also provide Purchaser with a five (3) fit for the particular purpose for which they are intended; (4) free from all defects in materials and workmanship; (5) year limited system warranty as measured to the extent not manufactured pursuant to detailed designs furnished by the Court, free from defects in design; and (6) conform to the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components requirements of the solar system Agreement. The Court’s approval of designs or specifications furnished by Contractor will not relieve Contractor of its obligations under this warranty. (2) Contractor agrees to indemnify, defend, and hold the Court and court personnel harmless from liability, loss, damage and expense, including reasonable attorney’s fees, incurred or sustained by the Court by reason for the failure of the goods or services to conform to such warranties, faulty work performance, negligent or unlawful acts, and non-compliance with any applicable state or federal codes, ordinances, orders, or statutes, including the Occupational Safety and Health Act (OSHA) and the California Industry Safety Act. Such remedies shall be in addition to repairs any other remedies provided by law. (3) Contractor represents and warrants to portions the Court that it owns, will own, is authorized, or will be authorized to use for its own and the Court’s benefit, all intellectual property rights used and to be used in connection with providing and/or performing the work. (4) All warranties will inure to the Court, its successors, assigns, customer agencies, and users of roofs directly affected the work provided hereunder. Contractor shall not take any action, or fail to perform any act that results in a warranty or representation becoming untrue. Contractor shall promptly notify the Court if any warranty or representation becomes untrue. (5) Unless otherwise specified, the warranties set forth in this Section commence after work has been accepted by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty in the event that: (a) the Equipment has been subject to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault of Seller; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereinCourt.

Warranties. Seller warrants that upon receipt of the Final Payment, title to the Equipment shall pass to Purchaser free and clear not withstanding any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal use, as defined below, with the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty in the event that: (a) the Equipment has been subject SUPPLIER will convey clear title to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handling, all Products and such actions or occurrences are not the fault of SellerPre-Commercial Units to DISTRIBUTOR as provided hereunder; (b) SUPPLIER warrants and represents that all Products, Pre-Commercial Units and Services (to the Equipment is used extent that SUPPLIER provides Services) sold hereunder or pursuant hereto will be free from all material defects in combination or connection with other equipmentworkmanship and material, attachments not approved and that the Products, Pre-Commercial Units and Services (to the extent that SUPPLIER provides Services) are provided in writing by Seller for use in combination or connection strict accordance with the equipment; specifications set forth in Schedule B, and (c) Except as provided by this Agreement, any attempt ---------- by SUPPLIER to limit, disclaim, or restrict any such warranties or any remedies of DISTRIBUTOR, except as limited by this Agreement, by acknowledgment or otherwise, in accepting or performing an order, shall be null, void and ineffective without DISTRIBUTOR's written consent. For Products purchased under this Agreement, the foregoing warranties shall apply for a period of the lesser of twelve (12) months from the date of installation or eighteen (18) months from delivery to DISTRIBUTOR. For Pre-Commercial Units purchased under this Agreement, the foregoing warranties shall apply for a period of the lesser of one (1) month from the date of installation or two (2) months from delivery to DISTRIBUTOR. For any product or component purchased by SUPPLIER with a warranty coverage available to DISTRIBUTOR for the relevant components. The foregoing warranties are conditioned upon (a) proper storage, handling, transportation, installation, use, repair, replacement and maintenance, and conformance with any reasonable recommendations of partsSUPPLIER, adjustmentand (b) DISTRIBUTOR's promptly notifying SUPPLIER of any defects and, service if required, promptly making the Product or other work on Pre-Commercial Unit available for correction. The foregoing warranties are provided at no cost to DISTRIBUTOR or Customers. (a) repairing the Equipment is performed by Purchaser, Purchaser’s customers defective Product or any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specificationsPre-Commercial Unit, or (eb) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manualreplacing the defective Product or Pre-Commercial Unit. Repairs All costs associated with such repair or replacements qualifying under this warranty replacement, including any transportation costs, shall be performed the sole responsibility of SUPPLIER, subject to the limitations set forth in the Service Agreement described in the next paragraph. DISTRIBUTOR will provide the labor, transportation, and other Services necessary for such repairs and replacements pursuant to a Service Agreement that will be mutually agreed between SUPPLIER and DISTRIBUTOR. If such Service Agreement is not agreed to by June 1, 2000, then this Distributor Agreement will terminate. The Service Agreement will set forth limits on regularly business days SUPPLIER's reimbursement to DISTRIBUTOR for labor, transportation, and during Seller’s regular business hours within other Services. The Service Agreement will also set forth a reasonable time following Purchaser’s requestwarranty approval process that will include pre-approval of major warranty claims prior to commencement of work, submission of all warranty claims for review and approval by SUPPLIER, and return of all parts subject to warranty claims to SUPPLIER. All requests for warranty fulfillment must be made during For Products, SUPPLIER will provide DISTRIBUTOR with the stated option of purchasing an extension to the initial warranty period. Normal Use Such additional warranty period will be for any Equipment is deemed three years beyond the termination of the initial warranty period, and will cover the fuel cell stack, control system, power conditioning system (excluding batteries and recharger), and fuel processor (i.e., the extended warranty covers all components except for the air humidifier assembly, humidifier pump, system frame assembly, package skin assembly, manifold assemblies, electrical harness assemblies, coolant pump and fan, cooling system heat exchanger, fuel cell air blower, particulate air filter, air regulator, water deionizing and purification system, batteries, recharger, and fuel processing auxiliaries). The price for such warranty extension, if purchased, will not exceed $750, to be continuouspaid as a lump sum at the time of Product purchase, for Products purchased in "2001", as defined in Schedule D, and $500 for ---------- Products purchased thereafter. Purchaser agrees The extended warranty price for "2001" is not firm and will become firm no later than April 1, 2000. In the event that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICESthe extended warranty price for "2001" exceeds $750, SALEthen SUPPLIER and DISTRIBUTOR shall agree to a decrease to DISTRIBUTOR's Sales Commitments. If SUPPLIER and DISTRIBUTOR cannot reach such agreement, MATERIALSthen this Agreement shall terminate. For Pre-Commercial Units, SOLAR POWER SYSTEMSUPPLIER will provide DISTRIBUTOR with the option of purchasing an extension to the initial warranty period. Such additional warranty period will be for one year beyond the termination of the initial warranty period, JOBand SUPPLIER will provide a firm price no later than October 1, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES1999. THE LIMITED WARRANTIES SUPERSEDE AND SET FORTH IN THIS SECTION 7 ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WARRANTIES, WHETHER EXPRESSED ORAL, WRITTEN, EXPRESS, OR IMPLIED, INCLUDING, INCLUDING WITHOUT LIMITATION, LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereinSUPPLIER'S WARRANTY OBLIGATIONS AND DISTRIBUTOR'S REMEDIES UNDER THIS SECTION 7 (EXCEPT AS TO TITLE) ARE SOLELY AND EXCLUSIVELY AS STATED HEREIN.

Warranties. Seller warrants that upon receipt of the Final Payment, title to the Equipment shall pass to Purchaser free and clear not withstanding any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal use, as defined below, with the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty in the event that: (a) Lessee represents, covenants and agrees that, at the Installation Date set forth in the applicable Equipment has been subject to abuseSchedule, improper applicationit shall have (i)thoroughly inspected the Equipment, alteration(ii)determined for itself that all items of Equipment are in good condition, accident or negligence in useworking order and repair and are of a size, storagedesign, transportation or handlingcapacity and manufacture selected by it, and such actions or occurrences are not the fault of Seller; (b) ill)satisfied itself that the Equipment is used in combination or connection with other equipmentsuitable for Lessee's purposes. LESSOR LEASES THE EQUIPMENT AS IS AND, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installationNOT BEING THE MANUFACTURER OF THE EQUIPMENT, repair, replacement of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASERMANUFACTURER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION AGENT OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE SELLER'S AGENT, MAKES NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES WARRANTY OR GUARANTEES WHETHER EXPRESSED REPRESENTATION, EITHER EXPRESS OR IMPLIED, INCLUDINGAS TO THE EQUIPMENT'S MERCHANTABILITY, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, DESIGN, CONDITION, QUALITY, CAPACITY, MATERIAL OR WORKMANSHIP OR AS TO PATENT INFRINGEMENT OR THE LIKE, it being agreed that all such risks, as between Lessor and Lessee, are to be borne by Lessee. Seller’s agents have no authority Lessee agrees to give look solely to the manufacturer or to suppliers of the Equipment for any and all warranty claims and any and all warranties made by the manufacturer or guarantees beyond those provided hereinthe supplier of Lessor are hereby assigned to Lessee for the term of the applicable Equipment Schedule. Lessee hereby assumes the sole responsibility for, and agrees that Lessor shall not be responsible for, the delivery, installation, maintenance, operation or service of the Equipment or for delay or inadequacy of any or all of the foregoing. Lessor shall not be responsible for any direct or consequential loss or damage resulting from the installation, operation, maintenance or use of the Equipment or otherwise. (b) Lessee agrees that the statements and financial reports submitted by it to Lessor are material inducements to the execution by Lessor of this Lease, and Lessee warrants that such statements and reports are, and all information hereafter furnished by Lessee to Lessor will be, true and correct in all material respects as of the date submitted.

Warranties. Seller warrants that upon receipt all goods sold will be free of the Final Payment, any claims of any nature and by any third person and that Seller shall convey clear title to the Equipment shall pass to Purchaser free and clear not withstanding any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal use, as defined below, with the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller further warrants that the Products supplied by Seller to Purchaser shall have no obligation under this warranty perform in the event that: accordance with agreed upon specifications and shall be free from defects (a) in materials and workmanship, whatever the Equipment has been subject to abuseorigin, improper application, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault of Seller; (b) in design having regard to the Equipment is used in combination state of the art at the time of the order and including defects arising from the choice of materials and / or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipmentparts; (c) installation, repair, replacement of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Sellermanufacturing process; and (d) arising from non-suitability for the use for which it was intended. This warranty shall take effect from the date of acceptance of the Products by Purchaser has not provided electrical service conforming and shall remain in force until the earliest of the following to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding occur: (i) the gas turbine in accordance with Seller’s specifications, which the Products have been installed achieve 8000 operating hours; (ii) forty eight months from Start-Up; or (eiii) Purchaser fails sixty (60) months after the delivery of the Products to perform timely operating maintenance as specified Purchaser. Start-Up means the time when the equipment installation is complete and the gas turbine in Seller’s Operator’s Manualwhich the Product has been installed is first synchronized to the grid. Repairs or replacements qualifying under Purchaser's sole remedy in the event of any breach of this warranty shall, at Seller's option, be the replacement or repair in a timely fashion of the defective Product. Seller shall make replacement Products available and pay transportation, taxes, custom duties and insurance to the site where the gas turbine is located. Any repaired or replaced Product shall be performed on regularly business days and during warranted for 8000 operating hours, provided that in no event shall Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for 's warranty fulfillment must be made during obligation extend beyond seventy two (72) months from the stated warranty period. Normal Use for any Equipment is deemed to be continuousdelivery of the initial Product. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICESshall notify Seller of obvious defects within sixty (60) days of delivery and of latent defects within thirty (30) days of discovery. The warranties set forth in this section shall not apply to any claims, SALEproblems or defects which are the result of normal wear and tear, MATERIALSmishandling, SOLAR POWER SYSTEMmisuse, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIESneglect or improper testing and repair by other than CCSI or its authorized representatives. THE LIMITED EXPRESS WARRANTIES SUPERSEDE AND PROVIDED HEREIN ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, INCLUDING WITHOUT LIMITATION, WARRANTIES ANY WARRANTY OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided herein, AND ALL OTHER WARRANTIES ARE HEREBY DISCLAIMED AND EXCLUDED BY SELLER.

Warranties. Seller Contractor shall obtain and assign to Owner on a non-exclusive basis all warranties given to Contractor by any subcontractors or by any suppliers supplying materials, equipment or fixtures to be incorporated into each project. Contractor expressly warrants to Owner that all materials and equipment to be incorporated into the Work shall be new unless otherwise specified. Further, Contractor expressly warrants to Owner that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. Further, any warranty to be provided will be in such form as is acceptable to Owner and shall not include any exclusions, exceptions or modifications except to the extent approved by Owner in its sole discretion. In addition to all other rights and remedies available to Owner at law or in equity, including any implied warranties Owner may be entitled to as a matter of law, Contractor expressly warrants to Owner that it shall promptly correct, upon receipt of written notice from Owner, any portion of the Final PaymentWork which is found to be defective or otherwise not in conformance with the requirements of the Contract Documents. In the event that any defective or non-conforming work is deemed by Owner in its sole discretion to present an immediate threat to safety or security, title Owner shall be entitled to correct and fix such defective or non-conforming portions of the Work, and Contractor shall reimburse Owner for all costs and expenses incurred by Owner in performing such Work. This obligation to correct defective or nonconforming Work shall run for a period of one (1) year (or such longer period of time as may otherwise be specified in the Contract Documents) from the date a CO/TCO/CC is issued by Owner’s Building Code Office, unless otherwise explicitly documented on the Architect’s Certificate of Substantial Completion, fully executed by the Owner, Architect, and Contractor. With respect to the Equipment correction of any defective or nonconforming Work, Contractor shall pass be liable for all damage to Purchaser free any part of the Work itself and clear not withstanding to any lender(sadjacent property which is caused by such corrective work. Contractor shall conduct, jointly with Owner and Professional, a warranty inspection at eleven (11) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal use, as defined below, with the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured months from the original date of installation a CO/TCO/CC is issued by Owner’s Building Code Office. Contractor is responsible for scheduling, notification and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components execution of the solar system in addition to repairs to portions eleven (11) month inspection. Any items not covered as a result of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all lapsed warranties will be considered suspended and non-enforceable until full payment is received from the Purchaserresponsibility of the Contractor. Seller shall have no obligation under this Contractor’s warranty in the event that: (a) the Equipment has been subject to excludes remedy for damage or defect caused by Owner’s abuse, improper application, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are modifications not the fault of Seller; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service , or other work on the Equipment is performed by PurchaserContractor, Purchaser’s customers improper or any third party, insufficient maintenance by Owner (unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding such maintenance was performed in accordance with Seller’s specificationsthe directions from Contractor), improper operation by Owner (unless such operations were performed in accordance with the directions from Contractor), or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying normal wear and tear under this warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereinnormal usage.

Warranties. Seller warrants that upon receipt the goods shall be free from defects in material and workmanship at the time the goods are delivered to Purchaser and that the goods comply with all applicable Association of American Railroad requirements. Seller’s warranty will not apply in the Final Paymentevent the goods are not installed and used by competent personnel under normal operating conditions in accordance with industry standards. Seller’s instructions and warnings supplied in connection with, title or affixed to, equipment relating to the Equipment shall pass to Purchaser free and clear not withstanding any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal useproper operation, as defined belowuse or maintenance thereof, are consistent with the limited manufacturer's warranties for the solar modulesSeller’s warranty and are incorporated by reference as a part of and a condition of this Agreement. This warranty shall not apply to any goods or equipment which are based upon Purchaser’s (or it’s customer’s) design, inverters pattern or tooling and/or, in Seller’s judgment, have been repaired or altered in any way so as to affect its reliability, nor to any equipment which has been subject to misuse, abuse, and rackingnegligent handling or accident, improper application in regard to size and loading, use in excess of product’s capabilities or of Seller’s specifications or industry ratings or lack of periodic inspection. SELLER’S LIABILITY AND THE EXCLUSIVE REMEDY FOR SELLER’S BREACH OF THE ABOVE WARRANTY WILL BE LIMITED TO FURNISHING OR REPAIRING GOODS, EQUIPMENT OR PARTS (WHICHEVER THE CASE), OR AT SELLER’S OPTION, REFUND OF THE COST OF THE GOODS, FOR THOSE ITEMS PROVIDED BY SELLER AND REASONABLY DETERMINED TO BE DEFECTIVE ON INSPECTION BY SELLER AND WHICH ARE RETURNED TO SELLER. Purchaser will not repair or adjust any item which is allegedly defective until Seller shall also provide first has been given a reasonable opportunity to inspect such item or Seller waives such opportunity in writing. Any claim by Purchaser with a five reference to the goods, equipment or parts shall be deemed waived unless submitted in writing to Seller within thirty (530) days from the date Purchaser discovered the defect. Any cause of action arising out of goods, equipment, parts or this Agreement must be brought by Purchaser within one (1) year limited system warranty as measured from the original date such cause of installation and subsequent approval to use from Local Township action or Utility whichever occurs first for parts and labor, on all components of claim accrued. In no event shall Seller’s liability under this warranty exceed the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaserpurchase price paid. Seller shall have no obligation under this warranty liability whatsoever in any event for incidental or consequential damages whether such damages are alleged to have arisen or resulting from breach of warranty, strict liability (in tort or warranty), contract or negligence, including, but not limited to, damages, losses, loss of profits or expenses of Purchaser arising from personal injury or from the event that: (a) the Equipment has been subject to abuseoperation of, improper application, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault of Seller; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service compliance with, or other work on the Equipment is performed by Purchaserenforcement of any Federal, Purchaser’s customers State or any third partylocal law, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specifications, code or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manualregulation. Repairs or replacements qualifying under this warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT NOTWITHSTANDING ANY PROVISION TO THE SERVICESCONTRARY, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED WARRANTY STATED HEREIN IS IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereinTHE WARRANTY IS LIMITED AND ONLY EXTENDS TO PURCHASER AND ITS SUCCESORS AND NOT TO ANY OTHER PURCHASERS, USERS OR THIRD PARTIES.

Warranties. Seller warrants that upon receipt Products are sold only with such warranties as may be extended by the manufacturer of the Final Paymentproduct. Services provided by third parties are subject only to those warranties extended by such third parties. However, title to Seller does not adopt, guarantee or represent that the Equipment shall pass to Purchaser free and clear not withstanding manufacturer or third party service provider will comply with any lender(s) executed securitization of noted any and all Equipmentthe terms of warranty of such manufacturer or third party service provider. Seller shall provide Purchaser under normal use, as defined below, with the limited manufacturer's warranties XXXXXX MAKES NO WARRANTY AND ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS ARE HEREBY EXCLUDED. Buyer is responsible for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval use in accordance with manufacturer’s instructions. Xxxxxx personnel are not authorized to use from Local Township or Utility whichever occurs first for parts and laboralter this policy. SELLER SHALL NOT BE LIABLE TO BUYER, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar systemOR TO ANYONE CLAIMING UNDER BUYER, FOR ANY OTHER OBLIGATIONS OR LIABILITIES, INCLUDING, BUT NOT LIMITED TO, OBLIGATIONS OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORT OR ANY THEORY OF STRICT LIABILITY, WITH RESPECT TO THE PRODUCTS OR SELLER'S ACTS OR OMISSIONS OR OTHERWISE. Pre-existing conditions IN NO EVENT SHALL SELLER BE LIABLE FOR INCIDENTAL, COMPENSATORY, PUNITIVE, CONSEQUENTIAL, INDIRECT, SPECIAL OR OTHER DAMAGES including but not limited to Structural loss of revenue or profits, loss of use of goods or products, cost of capital, cost of substitute products, facilities or services, downtime costs, cost of field service travel and Electrical defects are not includedexpenses, labor, inspection, removal or installation of new products or parts or normal maintenance, or claims of customers of Buyer for such claim. If Purchaser does not make payment in full as provided in Any assistance Seller provides to or procures for Buyer outside the terms, limitations or exclusions of this agreement including any change orders agreement. Any oral or extras caused by unforeseen or concealed conditions or requests written description of the PurchaserProducts is for the sole purpose of identifying the Products and shall not be construed as an express warranty. Prior to using or permitting use of the Products, Buyer shall determine the suitability of the Products for the intended use and Buyer shall assume all warranties will be considered suspended risk and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty liability whatsoever in the event that: (a) the Equipment has been subject to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault of Seller; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereintherewith.

Warranties. Seller warrants that upon receipt Products are sold only with such warranties as may be extended by the manufacturer of the Final Paymentproduct. Services provided by third parties are subject only to those warranties extended by such third parties. However, title to Seller does not adopt, guarantee or represent that the Equipment shall pass to Purchaser free and clear not withstanding manufacturer or third party service provider will comply with any lender(s) executed securitization of noted any and all Equipmentthe terms of warranty of such manufacturer or third party service provider. Seller shall provide Purchaser under normal use, as defined below, with the limited manufacturer's warranties RPM MAKES NO WARRANTY AND ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS ARE HEREBY EXCLUDED. Buyer is responsible for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval use in accordance with manufacturer’s instructions. RPM personnel are not authorized to use from Local Township or Utility whichever occurs first for parts and laboralter this policy. SELLER SHALL NOT BE LIABLE TO BUYER, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar systemOR TO ANYONE CLAIMING UNDER BUYER, FOR ANY OTHER OBLIGATIONS OR LIABILITIES, INCLUDING, BUT NOT LIMITED TO, OBLIGATIONS OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORT OR ANY THEORY OF STRICT LIABILITY, WITH RESPECT TO THE PRODUCTS OR SELLER'S ACTS OR OMISSIONS OR OTHERWISE. Pre-existing conditions IN NO EVENT SHALL SELLER BE LIABLE FOR INCIDENTAL, COMPENSATORY, PUNITIVE, CONSEQUENTIAL, INDIRECT, SPECIAL OR OTHER DAMAGES including but not limited to Structural loss of revenue or profits, loss of use of goods or products, cost of capital, cost of substitute products, facilities or services, downtime costs, cost of field service travel and Electrical defects are not includedexpenses, labor, inspection, removal or installation of new products or parts or normal maintenance, or claims of customers of Buyer for such claim. If Purchaser does not make payment in full as provided in Any assistance Seller provides to or procures for Buyer outside the terms, limitations or exclusions of this agreement including any change orders agreement. Any oral or extras caused by unforeseen or concealed conditions or requests written description of the PurchaserProducts is for the sole purpose of identifying the Products and shall not be construed as an express warranty. Prior to using or permitting use of the Products, Buyer shall determine the suitability of the Products for the intended use and Buyer shall assume all warranties will be considered suspended risk and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty liability whatsoever in the event that: (a) the Equipment has been subject to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault of Seller; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereintherewith.

Warranties. Seller A. Distributor agrees to make no warranty in respect of the Products to its customers or otherwise in addition to, different from or inconsistent with any warranty contained in Stereotaxis' standard terms and conditions (or in any other applicable Product warranty form of Stereotaxis in effect at the date of sale). The provisions of this Section shall survive termination, for whatever reason, of this Agreement. B. Stereotaxis warrants that upon receipt the Products manufactured by Stereotaxis and sold hereunder will be free from defects in material or workmanship under normal use and service for the period a period of one year following completion of installation in accordance with the Final Paymentterms hereof, title which date will be confirmed in writing by Stereotaxis. Stereotaxis makes no warranty for any Products made by persons other than Stereotaxis, or its affiliates, and Distributor's sole warranty therefore, if any, is the original manufacturer's warranty, which Stereotaxis agrees to pass on it Distributor, as applicable. C. No warranty extended by Stereotaxis will apply to any Products which have been damaged by accident, misuse, abuse, negligence, improper application or alteration or by a force majeure occurrence or by the Distributor's failure to operate the Products in accordance with the manufacturer's instructions or to maintain the recommended operating environment and line conditions; which are defective due to unauthorized attempts to repair, relocate, maintain, service, add to or modify the Products by the Distributor or any third party or due to the Equipment shall pass attachment and/or use of non-Stereotaxis supplied equipment without Stereotaxis' prior written approval; which failed due to Purchaser free and clear not withstanding any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal use, as defined below, with the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured causes from the original date use of installation operating supplies or consumable parts not approved by Stereotaxis. In addition and subsequent approval without limitation, no warranty extended by Stereotaxis will apply to use any failure to comply with Section III.A or any failure due to events such as cracking from Local Township high impact drops, cable rupture from rolling equipment over cables, or Utility whichever occurs first for parts and labor, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar systemdelamination from cleaning with inappropriate solutions. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no Stereotaxis' obligation under this warranty in is limited to the event that: (a) repair or replacement, at Stereotaxis' option, of defective parts. Stereotaxis may effectuate such repair at the Equipment has been subject to abuseinstalled site for any NIOBE System sold, improper applicationdelivered and installed hereunder, alterationprovided Stereotaxis is furnished safe and sufficient access for such repair. Repair or replacement may be with parts or products that are new, accident used or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault of Seller; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manualrefurbished. Repairs or replacements qualifying will not interrupt, extend or prolong the term of the warranty. Distributor will pay Stereotaxis its normal charges for service and parts for any inspection, repair or replacement that is not, in Stereotaxis' sole judgment, required by noncompliance with the warranty set forth in Section VIII.B. Stereotaxis' warranty does not apply to consumable materials, except as specifically stated in writing, nor to products or parts thereof supplied by Distributor. D. This warranty is made on condition that immediate written notice of any noncompliance is given to Stereotaxis and Stereotaxis' inspection reveals that the Distributor's claim is valid under this the terms of the warranty (i.e. that the noncompliance is due to traceable defects in original materials and/or workmanship). E. All services performed at times outside of any standard service package purchased by Distributor's customers shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s requestat an additional charge at Stereotaxis' then current rates. All requests Stereotaxis may utilize sub-contractors for purposes of carrying out warranty fulfillment must be made during the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that service. F. STEREOTAXIS MAKES NO WARRANTY OTHER THAN THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICESONE SET FORTH HEREIN, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority PURPOSES, AND SUCH CONSTITUTES THE ONLY WARRANTY MADE WITH RESPECT TO THE PRODUCTS AND ANY PRODUCT, SERVICE OR OTHER ITEM FURNISHED UNDER THIS AGREEMENT. G. The Parties acknowledge that the Products available for resale by Distributor will include Stereotaxis' standard service maintenance, repair and service plans in effect from time to give warranties or guarantees beyond those provided hereintime (which currently include the "Gold" and, where available, "Platinum" service plans), which will be priced at [***] below the net sales price in the US for such plans, subject to adjustment on an annual basis each November during the term hereof as provide in Section V.A. above.

Warranties. Seller A. In addition to any other warranties of Vendor applicable to the equipment, Vendor warrants that upon receipt it will maintain the equipment, both during the warranty period and thereafter for the duration of this Agreement, in such a manner so that the equipment shall be ninety-five percent (95%) operationally available. For purpose of this section, “operational availability” is defined as “the time the system/subsystem, for which the equipment specified in any Purchase Order hereto was purchased, is available to the users to do useful work.” Percentage of operational availability (“OA”) as so defined shall be determined by application of the Final Payment, title formula OA = A − (B + C) where A −C A = the hours of the Call Window during the given month. B = the hours in that month during which the system/subsystem is unavailable to the Equipment shall pass user to Purchaser free and clear not withstanding any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal usedo useful work, as defined below, with the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with due to a five Vendor-supplied hardware malfunction (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components time Vendor is notified of the solar system in addition to repairs to portions problem until the time repair is completed, provided such notification is received during the hours of roofs directly affected contract coverage). C = scheduled Preventive Maintenance for that month. If PM is scheduled by mutual agreement of Vendor and Customer but the system/subsystem is not released by the installation Customer, than any downtime prior to the next scheduled PM shall be excluded from the availability calculation. B. In the event that the Vendor is the manufacturer of the solar system. Pre-existing conditions including but not limited equipment, Vendor warrants that all engineering changes generally adopted hereafter by Vendor on similar equipment shall be made to Structural the equipment to be maintained hereunder at no cost to the Customer, provided however, that if such an engineering change is an enhancement which Vendor generally markets at extra cost or which by its addition increases the price of later- marketed equipment, then Customer shall be charged the lowest price for such enhancement which Vendor charges any of its other customers or purchasers of its equipment. C. The Services will be performed in a timely and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests workmanlike manner, using only qualified maintenance technicians, totally familiar with the equipment and its operation. D. Vendor warrants that the performance of the Purchaser, all warranties Services by Vendor will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty not in the event that: (a) the Equipment has been subject to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault of Seller; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service , any way constitute an infringement or other work on the Equipment is performed by Purchaserviolation of any copyright, Purchaser’s customers trade secret, trademark, patent, invention, proprietary information or non- disclosure rights of any third party. E. The Vendor will not be in violation of any applicable law, unless rule or regulation and it shall comply with and be responsible for ensuring that its employees comply with all statutory provision, regulations, orders and by-laws of any governmental authority relating to the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during carrying out of the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereinServices.

Warranties. 9.1 Seller represents and warrants that upon receipt of it has the Final Payment, right to sell the Products provided under this EPL Agreement. 9.2 Seller represents and warrants that Purchaser shall acquire good and clear title to the Equipment shall pass to Purchaser Products purchased hereunder, free and clear of all liens and encumbrances. 9.3 Seller represents and warrants that unless otherwise specified in RFP No. 3744 and/or the published EPL, each Product delivered for new installations shall be delivered new and not withstanding any lender(s) executed securitization of noted as a “used, substituted, rebuilt, refurbished or reinstalled” Product. It is understood that parts supplied by Seller during maintenance may be new or refurbished and warranted as new. 9.4 Seller represents and warrants that it has and will obtain and pass through to Purchaser any and all Equipmentwarranties obtained or available from the manufacturer/licensor of the Product. 9.5 Seller represents and warrants that all hardware Products provided pursuant to this EPL Agreement shall, for the warranty period specified in the supplement and/or purchase order or in the published EPL, whichever is longer, be free from defects in material, manufacture, design and workmanship. Seller’s obligation pursuant to this warranty shall include, but is not limited to, the repair or replacement of the hardware Product, or the redoing of the faulty installation, at no cost to Purchaser. Response times and maintenance requirements during the warranty period shall be as specified in Article 15 herein. In the event Seller can not repair or replace the hardware Product during the warranty period, Seller shall provide Purchaser under normal use, as defined below, with refund the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components purchase price of the solar system hardware Product, and Purchaser shall have the right to terminate the supplement and/or purchase order and this EPL Agreement in whole or in part, solely as between those two parties. Purchaser’s rights hereunder are in addition to repairs any other rights Purchaser may have. 9.6 Seller represents and warrants that all Products provided by Seller shall meet or exceed the minimum specifications set forth in RFP No. 3744 and the published EPL. 9.7 Seller represents and warrants that all software Products provided pursuant to portions of roofs directly affected by this EPL Agreement shall, for the installation warranty period specified in the supplement and/or purchase order or in the published EPL, whichever is longer, be free from reproducible defects and provide Purchaser complete functionality necessary for the operation of the solar system. Pre-existing conditions Seller’s obligation pursuant to this warranty shall include, but is not limited to, the repair of all reproducible defects or the replacement of the software Product, at no cost to Purchaser. In the event Seller is unable to repair or replace the software Product during the warranty period, Purchaser shall be entitled to a full refund of the price paid for the defective software Product, and Purchaser shall have the right to terminate the supplement and/or purchase order and this EPL Agreement in whole or in part, solely as between those two parties. Purchaser’s rights hereunder are in addition to any other rights Purchaser may have. 9.8 Seller represents and warrants that its services hereunder, including but not limited to Structural to, consulting, training and Electrical defects are not includedtechnical support, have been performed by competent personnel in a professional and workmanlike manner and consistent with generally accepted industry standards for same and shall comply in all respects with the requirements of this EPL Agreement. If Purchaser does not make payment in full as provided in For any breach of this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests warranty, Seller shall, for a minimum period of ninety (90) days from performance of the service, perform the services again, at no cost to Purchaser, all warranties will be considered suspended or if Seller is unable to perform the services as warranted, Seller shall reimburse Purchaser the fees paid to Seller for the unsatisfactory services. 9.9 Seller represents and non-enforceable until full payment warrants that there is received from no disabling code or lockup program or device embedded in the Products provided to Purchaser. Seller shall have no obligation further agrees that it will not, under any circumstances, (a) install or trigger a lockup program or device, or (b) take any step which would 9.10 Seller represents and warrants that the Products, as delivered to Purchaser, do not contain a computer virus. For any breach of this warranty warranty, Seller at its expense shall, within five 9.11 Seller represents and warrants that it will ensure its compliance with the Mississippi Employment Protection Act, Section 71-11-1, et seq. of the Mississippi Code Annotated (Supp2008), and will register and participate in the event thatstatus verification system for all newly hired employees. The term “employee” as used herein means any person that is hired to perform work within the State of Mississippi. As used herein, “status verification system” means the Illegal Immigration Reform and Immigration Responsibility Act of 1996 that is operated by the United States Department of Homeland Security, also known as the E-Verify Program, or any other successor electronic verification system replacing the E-Verify Program. Seller agrees to maintain records of such compliance and, upon request of the State and approval of the Social Security Administration or Department of Homeland Security where required, to provide a copy of each such verification to the State. Seller further represents and warrants that any person assigned to perform services hereunder meets the employment eligibility requirements of all immigration laws of the State of Mississippi. Seller understands and agrees that any breach of these warranties may subject Seller to the following: (a) the Equipment has been subject termination of this Agreement and ineligibility for any state or public contract in Mississippi for up to abusethree (3) years, improper applicationwith notice of such cancellation/termination being made public, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault of Seller; (b) the Equipment is used loss of any license, permit, certification or other document granted to Seller by an agency, department or governmental entity for the right to do business in combination Mississippi for up to one (1) year, or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installationboth. In the event of such termination/cancellation, repairSeller would also be liable for any additional costs incurred by the State due to contract cancellation or loss of license or permit. 9.12 Seller understands and agrees that some, replacement all or none of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying purchases made under this warranty shall EPL Agreement may be performed on regularly business days funded by the American Recovery and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during the stated warranty period. Normal Use Reinvestment Act of 2009 (hereinafter referred to as “ARRA”) and, as such, represents and warrants that for any Equipment ARRA purchases, it will comply with the requirements of ARRA as set forth in Exhibit A, which is deemed attached hereto and incorporated herein by reference and will maintain adequate records to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond verify its full compliance with those provided hereinrequirements.

Warranties. Seller makes no representation and disclaims all warranties, express or implied, for any product manufactured by a third party which may be sold by Seller, such products are sold by Seller, AS IS, for such products the warranty, if any, shall be the warranty provided by the original manufacturer, and Purchaser shall look solely to the original manufacturer for any warranty claim. For goods manufactured by Seller, Seller warrants that upon receipt such goods shall be free of defects in workmanship for a period of one year from the date of shipment, or such other period as provided on the face hereof, and if goods do not conform to this warranty, Seller at its election shall repair or replace the goods, or refund the purchase price for the portion of the Final Payment, title goods giving rise to the Equipment shall pass warranty claim, and in all cases the cost to repair or replace other property, the cost of removing and installing the goods, and freight are not included in this warranty; and provided that this warranty does not extend to products not of Seller’s manufacture, and as to such products Seller conveys to Purchaser free and clear not withstanding any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal usethe warranty, as defined belowif any, with the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty in the event that: (a) the Equipment has been subject to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault of Seller; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes’s vendor. THIS WARRANTY IS EXCLUSIVE, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specificationsAND SELLER DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR OTHER WARRANTY, WHETHER EXPRESSED OR IMPLIED. Oral statements by seller’s employees or representatives do not constitute warranties, shall not be relied upon by Purchaser, and are not part of this Agreement. If Seller provides a warranty, it is conditioned upon Purchaser’s payment in full. Any warranty offered by Purchaser to its customers, in excess of that offered by Seller’s agents have no authority to give warranties or guarantees beyond those provided herein, shall be the responsibility of Purchaser.

Warranties. 9.1 Seller represents and warrants that upon receipt of it has the Final Payment, right to sell the Products provided under this EPL Agreement. 9.2 Seller represents and warrants that Purchaser shall acquire good and clear title to the Equipment shall pass to Purchaser Products purchased hereunder, free and clear of all liens and encumbrances. 9.3 Seller represents and warrants that unless otherwise specified in RFP No. 3744 and/or the published EPL, each Product delivered for new installations shall be delivered new and not withstanding any lender(s) executed securitization of noted as a “used, substituted, rebuilt, refurbished or reinstalled” Product. It is understood that parts supplied by Seller during maintenance may be new or refurbished and warranted as new. 9.4 Seller represents and warrants that it has and will obtain and pass through to Purchaser any and all Equipmentwarranties obtained or available from the manufacturer/licensor of the Product. 9.5 Seller represents and warrants that all hardware Products provided pursuant to this EPL Agreement shall, for the warranty period specified in the supplement and/or purchase order or in the published EPL, whichever is longer, be free from defects in material, manufacture, design and workmanship. Seller’s obligation pursuant to this warranty shall include, but is not limited to, the repair or replacement of the hardware Product, or the redoing of the faulty installation, at no cost to Purchaser. Response times and maintenance requirements during the warranty period shall be as specified in Article 15 herein. In the event Seller can not repair or replace the hardware Product during the warranty period, Seller shall provide Purchaser under normal use, as defined below, with refund the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components purchase price of the solar system hardware Product, and Purchaser shall have the right to terminate the supplement and/or purchase order and this EPL Agreement in whole or in part, solely as between those two parties. Purchaser’s rights hereunder are in addition to repairs any other rights Purchaser may have. 9.6 Seller represents and warrants that all Products provided by Seller shall meet or exceed the minimum specifications set forth in RFP No. 3744 and the published EPL. 9.7 Seller represents and warrants that all software Products provided pursuant to portions of roofs directly affected by this EPL Agreement shall, for the installation warranty period specified in the supplement and/or purchase order or in the published EPL, whichever is longer, be free from reproducible defects and provide Purchaser complete functionality necessary for the operation of the solar system. Pre-existing conditions Seller’s obligation pursuant to this warranty shall include, but is not limited to, the repair of all reproducible defects or the replacement of the software Product, at no cost to Purchaser. In the event Seller is unable to repair or replace the software Product during the warranty period, Purchaser shall be entitled to a full refund of the price paid for the defective software Product, and Purchaser shall have the right to terminate the supplement and/or purchase order and this EPL Agreement in whole or in part, solely as between those two parties. Purchaser’s rights hereunder are in addition to any other rights Purchaser may have. 9.8 Seller represents and warrants that its services hereunder, including but not limited to Structural to, consulting, training and Electrical defects are not includedtechnical support, have been performed by competent personnel in a professional and workmanlike manner and consistent with generally accepted industry standards for same and shall comply in all respects with the requirements of this EPL Agreement. If Purchaser does not make payment in full as provided in For any breach of this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests warranty, Seller shall, for a minimum period of ninety (90) days from performance of the service, perform the services again, at no cost to Purchaser, all warranties will be considered suspended or if Seller is unable to perform the services as warranted, Seller shall reimburse Purchaser the fees paid to Seller for the unsatisfactory services. 9.9 Seller represents and non-enforceable until full payment warrants that there is received from no disabling code or lockup program or device embedded in the Products provided to Purchaser. Seller shall have no obligation further agrees that it will not, under any circumstances, (a) install or trigger a lockup program or device, or (b) take any step which would 9.10 Seller represents and warrants that the Products, as delivered to Purchaser, do not contain a computer virus. For any breach of this warranty warranty, Seller at its expense shall, within five 9.11 Seller represents and warrants that it will ensure its compliance with the Mississippi Employment Protection Act, Section 71-11-1, et seq. of the Mississippi Code Annotated (Supp2008), and will register and participate in the event thatstatus verification system for all newly hired employees. The term “employee” as used herein means any person that is hired to perform work within the State of Mississippi. As used herein, “status verification system” means the Illegal Immigration Reform and Immigration Responsibility Act of 1996 that is operated by the United States Department of Homeland Security, also known as the E-Verify Program, or any other successor electronic verification system replacing the E-Verify Program. Seller agrees to maintain records of such compliance and, upon request of the State and approval of the Social Security Administration or Department of Homeland Security where required, to provide a copy of each such verification to the State. Seller further represents and warrants that any person assigned to perform services hereunder meets the employment eligibility requirements of all immigration laws of the State of Mississippi. Seller understands and agrees that any breach of these warranties may subject Seller to the following: (a) the Equipment has been subject termination of this Agreement and ineligibility for any state or public contract in Mississippi for up to abusethree (3) years, improper applicationwith notice of such cancellation/termination being made public, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault of Seller; (b) the Equipment is used loss of any license, permit, certification or other document granted to Seller by an agency, department or governmental entity for the right to do business in combination Mississippi for up to one (1) year, or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installationboth. In the event of such termination/cancellation, repair, replacement of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall Seller would also be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during the stated warranty period. Normal Use liable for any Equipment is deemed additional costs incurred by the State due to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties contract cancellation or guarantees beyond those provided hereinloss of license or permit.

Warranties. Seller warrants Applicant hereby agrees that upon receipt the construction of the Final Payment, title to the Equipment Improvements shall pass to Purchaser free and clear not withstanding any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal use, as defined below, with the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty in the event that: (a) the Equipment has been subject to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault of Seller; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manualthe Final Approved Plans and Specifications. Repairs or replacements qualifying Applicant unconditionally guarantees all materials and workmanship furnished under this Agreement, and agrees to replace at its sole cost and expense, and to the satisfaction of District, anyand all materials or construction which may be defective through faulty, improper or inferior workmanship or materials. Applicant shall repair or replace to the satisfaction of District any or all such work that may prove defective in workmanship or materials, ordinary wear and tear excepted, together with any work which may be damaged or displaced in so doing. This guarantee shall remain in effect for one (1) year from the date of District’s acceptance of the Improvements. This guarantee does not excuse Applicant for any other liabilityrelated to defective work discovered after the warranty period. Applicant shall transfer to District all manufacturer and supplier warranties relating to the Improvements, if any, upon completion of the work. As surety for Applicant’s warranty obligation, Applicant shall provide a warranty bond in the amount of 25% of the final cost of the installed Improvements, which bond shall be performed on regularly business days and during Seller’s regular business hours released at the expiration of the 1-year warranty period. In the event of failure of Applicant to comply with the above stated conditions within a reasonable time following Purchaser’s requesttime, District may have the defective work performed repaired by its own employees or a third party contractor, and charge the cost to Applicant. All requests for warranty fulfillment must be made during the stated warranty period. Normal Use The Applicant hereby agrees to pay such costs and expenses immediately upon demand by District, which costs shall include reimbursement for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICESadministrative, SALEengineering, MATERIALSlegal, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereinand other consultant fees and costs incurred by District in enforcing this warranty.

Warranties. Seller Brightware warrants and represents that it has the full right, power and authority to enter into this Agreement and to grant to Licensee the rights herein granted. Brightware warrants that upon receipt delivery of each Product supplied to Licensee hereunder and for a period of thirty (30) days thereafter (the "Warranty Period"), the Product will perform in substantial conformance with the specifications contained in the Technical Reference Material provided by Brightware with the Product. Licensee shall immediately notify Brightware in writing of any alleged nonconformance which occurs during the Warranty Period ("Notice of Nonconformance"). To the extent that a current unaltered release of the Final Payment, title Product fails to the Equipment shall pass to Purchaser free and clear not withstanding any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal use, as defined below, substantially conform with the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty specifications contained in the event that: Technical Reference Material (a) the Equipment has been subject to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handlinghereafter a "Substantial Nonconformance"), and such actions or occurrences are not provided the fault of Seller; (b) the Equipment is used in combination or connection with other equipmentalleged Substantial Nonconformance can be replicated by Brightware, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying Brightware's liability under this warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment limited to, at Brightware's election, either: (i) using its best efforts to correct any Substantial Nonconformance in the Product; or (ii) as Brightware may reasonably deem necessary, replacing all or any part of the Product causing such Substantial Nonconformance; provided in each case, however, that written notice of such Substantial Nonconformance must be made received by Brightware during the stated warranty periodWarranty Period. Normal Use If such correction or replacement cannot be accomplished within thirty days of Brightware's receipt of the Notice of Nonconformance, Licensee may, as its sole remedy, terminate the Product License for the nonconforming Product. If Licensee, terminates any Equipment Product License in accordance with this Section 3, Licensee shall immediately return to Brightware the Product and all related Technical Reference Material and shall provide to Brightware the certification required under Schedule B, Section 6. Upon receipt of the Product, related Technical Reference Material and required certification, Brightware shall refund the license fees paid by Licensee for such Product. Upon licensee's receipt of the Product, maintenance for the Product shall commence as set forth under the Maintenance and Enhancement Plan, which is deemed to be continuousattached hereto and incorporated herein by reference. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO EXCEPTION OF THE EXPRESS WARRANTIES WHICH EXTEND BEYOND CONTAINED IN SECTION 3 ABOVE, BRIGHTWARE HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED (IN FACT OR IN LAW) WARRANTIES FOR THE DESCRIPTION PRODUCT(S) AND TECHNICAL REFERENCE MATERIAL PROVIDED BY BRIGHTWARE IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIEDACCORDANCE WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, WARRANTIES AS TO THE ACCURACY, COMPLETENESS AND NON-INFRINGEMENT OF THE PRODUCT(S) AND TECHNICAL REFERENCE MATERIAL, AS WELL AS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereinBRIGHTWARE ALSO EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES THAT THE OPERATION OF THE PRODUCT(S) WILL BE ERROR-FREE.

Warranties. Seller warrants that upon receipt of the Final PaymentFor any construction or installation, title Tenant shall ---------- receive, to the Equipment shall pass to Purchaser free and clear not withstanding any lender(s) executed securitization extent possible, the benefit of noted any and all Equipmentwarranties from contractors, subcontractors, material suppliers, equipment suppliers, architects, engineers or others in connection with the Premises; however, Landlord will not have any obligation to bring any action to enforce any warranty claim. Seller Landlord shall provide Purchaser under normal usebe deemed to have warranted to Tenant, as defined belowat the time of delivery to Tenant of the Premises upon Substantial Completion: (i) that Landlord's Work has been Substantially Completed in accordance with the Tenant Improvements Plans and Specifications, with such modifications as are permitted under the limited manufacturer's warranties for terms of this Lease or approved by Tenant; (ii) that the solar moduleselectrical, inverters plumbing, HVAC and racking. Seller shall also provide Purchaser with a five other mechanical systems in the Building and serving the Premises are in good working order and condition and conform to the requirements (5where applicable to the Premises) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided contained in this agreement including any change orders or extras caused Lease; (iii) that the Premises are served by unforeseen or concealed conditions or requests of water, electricity and other utilities; (iv) that the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty in the event that: (a) the Equipment has been subject to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handlingPremises are served by sewer, and such actions or occurrences are not sewer system, as installed, is of sufficient capacity to serve the fault of SellerBuilding when fully occupied; and (bv) the Equipment Landlord's Work is used free of material defects in combination materials or connection with workmanship. Notwithstanding the foregoing, Landlord's warranties shall exclude, and Landlord shall not be responsible for (1) any damage or defects arising out of (or aggravated by) the acts or omissions of Tenant, and/or any other equipmentTenant Invitee, attachments not approved (2) ordinary wear and tear, and (3) except to the extent provided in writing by Seller for use in combination Article VI, routine maintenance, repairs and/or replacements and/or any damage or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service , defects due to neglect or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming failure to applicable electrical codes, including a dedicated line for power supply provide proper maintenance and appropriate polarization and grounding in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance repairs. Landlord's warranties as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty set forth herein shall be performed on regularly business days limited to items as to which Tenant gives Landlord written notice within twelve (12) months of the Substantial Completion Date and during Seller’s regular business hours within in any event with respect to the Building's HVAC system shall extend for not less than a reasonable time full cooling and heating season following Purchaser’s requestSubstantial Completion of the Premises. All requests Except for warranty fulfillment must be made during the express warranties set forth in this Section 3.1(e), Landlord disclaims all warranties (express or implied) with respect to the Landlord's Work, and Tenant hereby releases all warranties not expressly stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereinin this Section 3.1(e).

Warranties. Seller Supplier warrants that upon receipt all Materials shall conform to requirements of this Purchase Order and any specifications incorporated in the Purchase Order by reference. Supplier warrants that all Materials shall be of merchantable quality and be fit for their intended use. Supplier warrants that the Materials shall be free from all defects for the period(s) otherwise called for in the Contract Documents or for twenty-four (24) months, whichever is longer, from the date of written final acceptance of the Final PaymentProject by the Project Owner. Supplier warrants that it will timely pay all amounts due to suppliers of labor, materials or equipment for work performed for, or materials or equipment provided to, Supplier in connection with this Purchase Order. Supplier warrants title to all items furnished and represents that they will be free of liens or encumbrances of any kind. Supplier warrants exact prices and delivery of exact quantities. Supplier warrants that when the Equipment shall pass Contract Documents require materials to Purchaser free and clear not withstanding any lender(s) executed securitization be of noted any and all Equipment. Seller shall provide Purchaser a designated manufacturer or a specific brand name, that the Materials it supplies under normal use, as defined below, with this Purchase Order are in fact produced by the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components designated manufacturer and/or are of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural designated specific brand, and Electrical defects that they are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended genuine and non-enforceable until full counterfeit. If CGS identifies defective or non- conforming Materials during the warranty period, Supplier, at its sole expense, shall promptly repair or replace all defective or non-conforming Materials within seven (7) days after written notice from CGS, or such other period as may be required by the specifications. Materials that are replaced or repaired shall be warranted for the remainder of the warranty period or six (6) months, whichever is longer. If Supplier fails to timely repair or replace defective or non-conforming Materials, CGS shall be entitled to repair or replace the Materials, and to deduct the actual cost to repair or replace, plus a ten percent (10%) mark-up, from any amount due Supplier, and if none, then Supplier shall make payment is received from the Purchaserto CGS within seven (7) days after CGS’ written notice. Seller Such costs shall have no obligation under this warranty in the event that: (a) the Equipment has been subject to abuseinclude, improper applicationbut are not limited to, alterationcosts of removal, accident or negligence in use, storagepacking, transportation or handlingand reasonable attorneys’ fees incurred as a result of Supplier’s failure to timely cure. Supplier’s warranties shall survive all inspections, tests and acceptance by CGS. Supplier’s warranties shall run to CGS, the Project Owner, the Project Architect and their parents, subsidiaries, successors, and such actions or occurrences are not the fault of Seller; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereinassigns.

Warranties. Unless otherwise stated in the purchase order, Seller warrants to Buyer that for a period of three (3) years from the Delivery Date, all Goods will: (a) be free from any defects in workmanship, material and design; (b) conform to applicable specifications, drawings, designs, samples and other requirements specified by Buyer; (c) be fit for their intended purpose and operate as intended; (d) be merchantable; (e) be free and clear of all liens, security interests or other encumbrances; (f) not infringe or misappropriate any third party's patent or other intellectual property rights; (g) be new, unused and in the original manufacturers packaging; and (h) be free of any unapproved or counterfeit parts. Seller warrants that upon receipt of the Final Payment, title all Services will: (a) conform to the Equipment shall pass to Purchaser free applicable specifications and clear other requirements specified by Buyer; (b) be performed in a professional manner in accordance with industry standards, and (c) not withstanding infringe or misappropriate any lender(s) executed securitization of noted any and all Equipmentthird party’s patent or other international property rights. Seller shall notify Buyer immediately after it becomes aware of a breach of the any of the forgoing Purchased Items warranties. At Buyer’s request, Seller shall provide Purchaser under normal usea Certificate of conformity, test reports, or authorized release certificates, as defined belowapplicable, with the limited manufacturer's respect to any Purchased Items. These warranties survive any delivery, inspection, acceptance or payment of or for the solar modules, inverters Purchased Items by Buyer. These warranties are cumulative and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components of the solar system in addition to repairs to portions any other warranty provided by law or equity. Any applicable statute of roofs directly affected by limitations runs from the installation date of Buyer's discovery of the solar systemnoncompliance of the Purchased Items with the foregoing warranties. Pre-existing conditions including If Buyer gives Seller notice of noncompliance with this Section, Seller shall, at its own cost and expense, promptly replace, repair, or reperform (in the case of Services) the defective or nonconforming Purchased Items and pay for all related expenses, including, but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment (in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests the case of Goods), transportation charges for the return of the Purchaser, all warranties will be considered suspended defective or nonconforming goods to Seller and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty in the event that: (a) the Equipment has been subject delivery of repaired or replacement Goods to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault of Seller; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereinBuyer.

Warranties. Seller CONTRACTOR expressly warrants that upon receipt of the Final Payment, title to the Equipment shall pass to Purchaser free and clear not withstanding any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal use, as defined below, with the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as services provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty Agreement shall be performed in the event that: (a) the Equipment has been subject to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handling, a professional and such actions or occurrences are not the fault of Seller; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding workmanlike manner in accordance with Seller’s specificationsgenerally accepted business practices and performance standards of the industry and the requirements of this Agreement. CONTRACTOR expressly warrants that all NAPA branded materials, goods and equipment provided by CONTRACTOR under this Agreement shall be fit for the particular purpose intended, shall be free from defects, and shall conform to the requirements of this Agreement. CONTRACTOR agrees to promptly replace or correct any NAPA branded material or service not in compliance with these warranties, including incomplete, inaccurate, or (e) Purchaser fails defective NAPA branded material or service, at no further cost to perform timely operating maintenance as specified CITY. The warranties set forth in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty section shall be performed on regularly business days in effect for a period of one year from completion of the Services or delivery of the NAPA branded materials, goods and during Seller’s regular business hours within equipment and shall survive the completion of the Services or delivery of NAPA branded materials, goods and equipment for a period of one (1) year (including following termination of this Agreement). In addition, all automotive parts supplied pursuant to this Agreement are subject to the terms of written warranties provided by the manufacturer of each part, and CONTRACTOR shall use reasonable time following Purchaser’s commercial efforts to assist the CITY in processing all warranty claims that the CITY may have against the manufacturer. Copies of the manufacturers’ warranties for all materials, goods, and equipment will be available to the CITY upon request. All requests With respect to non-NAPA branded materials, goods and equipment, the manufacturer’s warranty will be the sole and exclusive remedy for warranty fulfillment must be made during the stated warranty periodCITY in connection with any claims concerning such non-NAPA branded materials, goods and equipment supplied to the CITY pursuant to this Agreement. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR WARRANTIES, BOTH EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided herein, ARE HEREBY EXCLUDED FOR NON-NAPA BRANDED MATERIALS, GOODS AND EQUIPMENT.

Warranties. Seller 7.1. THI warrants that upon receipt for a period of ninety (90) days from the Final Paymentdate of installation, title to the Equipment shall pass to Purchaser free and clear not withstanding any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal useTIRS Software, as defined belowwhen properly used, will operate substantially in accordance with the limited manufacturer's warranties for the solar modules, inverters specifications contained in its documentation. THI’s entire liability and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation Licensee’s exclusive remedy under this warranty shall be that THI will use reasonable commercial efforts to correct, provide a workaround for, or replace malfunctions in the event that: TIRS Software, at THI’s cost and expense, provided that written notice itemizing the malfunctions is given to THI during the warranty period. 7.2. The warranty set forth above shall not apply to the degree that the malfunction occurs because (a) the Equipment affected TIRS Software has not been subject to abuse, improper application, alteration, accident or negligence used in use, storage, transportation or handling, and such actions or occurrences are not accordance with the fault of SellerTIRS documentation; (b) the Equipment is used in combination affected TIRS Software has been altered, modified or connection with other equipment, attachments not approved in writing converted by Seller for use in combination or connection with Licensee without the equipmentprior written approval of THI; and (c) installationof the malfunctioning of Licensee’s hardware or software. THI shall not be required to respond to a warranty claim hereunder to the extent that Licensee has not timely paid amounts due and owing to THI under this Agreement. THI does not warrant that TIRS Software will operate uninterrupted or error free, repair, replacement of parts, adjustment, service that the functions contained in the TIRS Software will operate in combination with other software or hardware selected by Licensee, or other work on that the Equipment TIRS Software will meet Licensee’s requirements. 7.3. THI does not warrant that TIRS Software will operate in the event of any Force Majeure Condition (as defined in Section 12.4). Licensee is performed by Purchasersolely responsible for establishing its own disaster recovery plan. 7.4. EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES SET FORTH ABOVE, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Seller; THE TIRS SOFTWARE (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE INCLUDING ANY MODULES OR COMPONENTS LICENSED BY THI AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION PROVIDED WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIESTIRS SOFTWARE) IS BEING PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU PARTIES DISCLAIM ANY OTHER REPRESENTATION OR WARRANTY OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED ANY KIND, EXPRESS OR IMPLIED, INCLUDINGORAL OR WRITTEN, INCLUDING WITHOUT LIMITATION, LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND TITLE OR NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, INTEGRATION, VALIDITY, EXCLUSIVITY, MERCHANTABILITY, NON-INTERFERENCE WITH ENJOYMENT, FITNESS FOR ANY PARTICULAR PURPOSE, AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. 7.5. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereinTHE WARRANTIES SET FORTH IN THIS SECTION 7 ARE EXPRESSLY SUBJECT TO THE LIMITATIONS OF SECTION 11 (LIMITATION OF LIABILITY).

Warranties. Seller Vendor warrants that upon receipt of the Final Payment, it has good title to the Equipment Products and Services, free from any lien or encumbrance, unless otherwise specified, and that the Products and Services shall pass be free from defects in material and workmanship, and shall conform to Purchaser free and clear not withstanding any lender(s) executed securitization the requirements of noted any and all Equipment. Seller shall provide Purchaser under normal usethis Purchase, as defined below, with the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders drawings or extras caused specifications herein incorporated and any samples furnished by unforeseen Luxor or concealed conditions Vendor. Vendor further warrants that it has all necessary right, title and interest to enter into this Purchase, perform its obligations, and grant the rights and licenses herein. Notwithstanding any prior inspections or requests of the Purchaserpayments hereunder, all warranties will Products and Services shall be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty in the event that: (a) the Equipment has been subject to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handling, final inspection and such actions or occurrences are not the fault of Seller; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaseracceptance at Luxor’s customers or any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall be performed on regularly business days and during Seller’s regular business hours designated location within a reasonable time following Purchaserafter delivery or performance. Vendor warrants to Luxor that if any Product or Service fails to meet Vendor’s requestspecifications and usage capabilities or is otherwise defective or non-conforming, then Vendor will, at its own cost and expense and within 30 days of its receipt of written notification of such failure, either correct such deficiency or provide Luxor with an acceptable plan for correcting such deficiency. All requests In the case of Products, Vendor’s obligation hereunder applies only to the extent the deficiency pre-existed in the then current, unaltered release of the Product. If the deficiency is not corrected within the aforementioned 30-day period, or if an acceptable plan for warranty fulfillment must be made correcting such deficiency is not established during such period, Luxor may request a refund or replacement of such Product or refund or reperformance of such Service. With regard to Products that are Software or contain Software, Vendor warrants the stated warranty periodSoftware at the time of delivery contains no malicious or disabling code that may damage, destroy or destructively alter software, hardware, systems or data, including viruses, Trojan horses, worms, time bombs, backdoors, or mechanisms designed to permit Vendor or any other party to shut down or interfere with the operation of the Software. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that EXCEPT FOR THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY SET FORTH OR REFERENCED IN THIS PURCHASE ORDER, VENDOR MAKES NO ADDITIONAL WARRANTIES TO LUXOR WITH RESPECT TO THE PRODUCTS OR SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereinPURPOSE ARE SPECIFICALLY DISCLAIMED.

Warranties. Any equipment provided by the Seller warrants that upon receipt will be warranted for a period of ninety (90) days from the date the equipment or replacement parts are installed by Seller. Notwithstanding the foregoing, equipment and labor provided by Seller on any physical security equipment specified on the Equipment list attached hereto shall be warranted for a period of one (1) year from the date the physical security equipment or replacement parts are installed by Seller. In no event shall Seller have any obligation to make repairs, replacements or corrections required, in whole or in part, as the result of (i) normal wear and tear, (ii) accident, disaster or other event beyond the reasonable control or fault of Seller, (iii) misuse, fault or negligence of or by Customer, (iv) use of the Final Paymentequipment or replacement parts in a manner for which they were not designed, title (v) causes external to the Equipment shall pass to Purchaser free and clear not withstanding any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal useequipment or replacement parts such as, as defined below, with the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders to, water damage, power failure or extras caused by unforeseen electrical power surges or concealed conditions or requests (vi) use of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from equipment or replacement parts supplied by the Purchaser. Seller shall have no obligation under this warranty in the event that: (a) the Equipment has been subject to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault of Seller; (b) the Equipment is used in combination with equipment or connection with other equipmentsoftware not supplied by the Seller. Any installation, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installationmaintenance, repair, replacement of partsservice, adjustment, service relocation or alteration to or of, or other work on tampering with the Equipment is equipment or replacement parts performed by Purchaserany person or entity other than Seller without Seller’s prior written approval, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing use of replacement parts not supplied by Seller; (d) Purchaser has not provided electrical service conforming , shall immediately void and cancel all warranties with respect to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manualthe affected products. Repairs or replacements qualifying under this warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED FOREGOING WARRANTIES DESCRIBED HEREIN SHALL BE ARE THE PURCHASER'S SOLE AND EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED WARRANTIES GIVEN BY SELLER IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE SERVICES PERFORMED AND EQUIPMENT PROVIDED HEREUNDER, AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESSED EXPRESS OR IMPLIED, INCLUDINGORAL OR WRITTEN, WHICH ARE HEREBY DISCLAIMED AND EXCLUDED BY SELLER, INCLUDING WITHOUT LIMITATION, WARRANTIES LIMITATION ANY WARRANTY OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereinPURPOSE OR USE.

Warranties. Seller Notwithstanding any other provision in this Contract: (a) Supplier warrants that upon receipt all Products will be free of any claim of any nature by any third party and that Supplier will convey clear title to Buyer. (b) Supplier warrants that all Products sold to Buyer will be new and of merchantable quality, fit for Buyer’s particular purpose and will contain new parts and components and be free from all defects, whether latent or patent, in design, workmanship and materials, and shall comply with all applicable national, state and local laws. Supplier further warrants that all Products will strictly conform to all specifications, samples, drawings, designs, plans, instructions or other requirements (including functional performance specifications) furnished, approved or adopted by Buyer. (c) Supplier represents and warrants that it has not engaged in any sharing or exchange of prices, costs or other competitive information or undertaken any other collusive conduct with any third party supplier or bidder in connection with the preparation of any bid or proposal to Buyer or negotiation of this Contract. (d) The foregoing warranties shall survive Buyer’s inspection, acceptance, sale and use of the Final PaymentProducts. The warranties contained in this Section shall be in addition to, title and shall not be construed as restricting or limiting, any warranties or remedies of Buyer, express or implied, which are provided by contract or law. (e) In the event that any Products do not conform to any of the Equipment foregoing warranties, Supplier at its sole expense and at Buyer’s option shall pass promptly repair or replace such goods and/or re-perform the services. In the event of Supplier’s failure to Purchaser free and clear not withstanding any lender(sdo so, Buyer may make such repair or replacement or have the service re-performed at Supplier’s expense, after notice to Supplier. Any goods repaired or replaced or service re-performed under this provision shall be warranted as provided herein. (f) executed securitization of noted Supplier hereby extends to Buyer any and all Equipment. Seller shall provide Purchaser under normal use, as defined below, with the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the PurchaserSupplier’s sub- suppliers and agrees to enforce such warranties on Xxxxx’s behalf. Seller All of Supplier’s warranties shall have no obligation run collectively and separately to Buyer, its successors, assigns, customers and users of Products sold by Buyer. (g) Any claim by Xxxxx under this warranty in the event that: paragraph (a) the Equipment has been subject to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault of Seller; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third partyother provision of this contract), unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall be performed on regularly business days and during Seller’s regular business hours asserted through a notice of arbitration filed within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during four (4) years after the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereincause of action has accrued.

Warranties. Seller NEI represents and warrants that upon receipt at all times: (a) The Manufacturing Package shall, as delivered by NEI: (1) conform to all descriptions, specifications and requirements set forth in this Agreement related to the Manufacturing Package; and (2) be free of all Errors. IBM's sole remedy, and NEI's sole obligation, with respect to a breach of this warranty shall be that those Products that fail to perform in accordance with the Product specifications defined in this Agreement shall, at IBM's sole discretion, be repaired or replaced (under a return merchandise authorization, RMA, which shall be issued by NEI) by NEI, which repair or replacement shall be commenced within 5 Days of IBM's written notification to NEI, and NEI agrees to reimburse IBM for all reasonable costs and expenses associated with the replacement of Products, including, without limitation, all costs and expenses associated with problem diagnosis and the replacement of Products at IBM, its subsidiaries, Designees, and its and their distributors and customers; provided, however, that in no event shall NEI's liability for such costs and expenses exceed the greater of either the royalty amount paid by IBM to NEI in connection with such Products or Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. $[**] dollars. (b) NEI shall not deliver any item or process (including, without limitation, the Manufacturing Package) to IBM that infringes any US patents that have been issued prior to the date hereof, utility models, design registrations, copyrights, mask work rights, trade secrets, or moral rights. If NEI knows or becomes aware of any such actual or threatened infringement, NEI agrees to promptly notify IBM in writing of such actual or threatened infringement per Section 9.8 of this Agreement. In the event NEI notifies IBM or IBM reasonably determines that the Manufacturing Package and/or Product infringe a valid and enforceable US or foreign patent, utility model, design registration, copyright, mask work right, trade secret, or any other intellectual property right, IBM will have the right to terminate this Agreement for material breach, without any cost or liability to IBM, unless NEI is able to, within 30 Days of IBM's termination notice to NEI, (a) secure the needed rights and licenses regarding such infringed intellectual property or (b) modify the Manufacturing Package and/or Product to be noninfringing. If NEI modifies the Manufacturing Package and/or Product to be noninfringing, such modified Manufacturing Package and/or Product must meet all specifications and requirements in this Agreement to IBM's reasonable satisfaction, and such modifications must be approved by IBM in writing. (c) NEI is the owner of the Final PaymentManufacturing Package or has all sufficient rights to grant the rights and licenses granted in this Agreement., title NEI maintains records to substantiate such ownership and/or rights and licenses. NEI is solely responsible for any royalties or for any other payments to any third party due to IBM's exercise of IBM's rights and licenses granted in this Agreement. (d) NEI has obtained all necessary consents of individuals or entities required for the Equipment shall pass use of names, likenesses, voices, and the like in the Manufacturing Package. (e) NEI has entered into written agreements with its employees, contractors, licensees or other applicable third parties, as necessary for it to Purchaser free comply with all of its material obligations under this Agreement. (f) NEI has no obligation or restriction, nor will it assume any such obligation or restriction, that would in any way interfere or be inconsistent with or present a conflict of interest concerning its performance under this Agreement. (g) NEI and clear the Manufacturing Package are: (1) in compliance with all applicable governmental laws, statutes, ordinances, administrative orders, certifications, rules and regulations (including, but not withstanding any lender(s) executed securitization of noted any limited to all those related to health, safety, environmental and all Equipment. Seller shall provide Purchaser under normal useimporting and exporting) to allow IBM, as defined below, with the limited manufacturer's warranties for the solar modules, inverters its subsidiaries and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation its and subsequent approval their distributors to use from Local Township the Manufacturing Package and distribute the Product world-wide; and (2) not subject to any import or Utility whichever occurs first for parts export restrictions. (h) The Manufacturing Package and labor, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions any supporting deliverables do not contain any harmful code (including but not limited to Structural viruses, worms or other self-replicating or self-propagating programming) that can damage, interfere with or otherwise adversely affect computers, programs or files without the consent or intent of the computer user, and Electrical defects that NEI shall enforce procedures to prevent any such harmful code from being incorporated into the Manufacturing Package and shall promptly notify IBM of any knowledge or suspicion of NEI of any incorporation of such harmful code into the Manufacturing Package. (i) In the event that a more favorable effective royalty rate is granted by NEI during the Term to any third party who licenses the Manufacturing Package on substantially similar terms and conditions, NEI shall immediately offer such royalty rates, terms and conditions to IBM. Such changes will be effective as of the date the royalty decrease or improved terms are not included. If Purchaser does not make payment in full granted and will apply to all royalties due from IBM after that date. (j) NEI shall maintain comprehensive general liability insurance for all reasonable claims that might arise from NEI's activities under this Agreement. (k) The Manufacturing Package is Year 2000 ready such that it, and the resulting Product, are capable of correctly processing, providing, receiving and displaying date data, as provided well as exchanging accurate date data with all products which are also Year 2000 ready with which the Product is intended to be used within and between the twentieth and twenty- first centuries; (l) NEI shall promptly comply with all obligations, duties and responsibilities set forth in this agreement Agreement. (m) The Manufacturing Package is euro-ready such that the Product will correctly process, send, receive, present, store, and convert monetary data in the euro denomination, respecting the euro currency formatting conventions (including the euro symbol, as applicable); NEI shall provide IBM prompt written notice of any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaserthat may affect its representations and warranties. EXCEPT AS EXPRESSLY PROVIDED ABOVE IN THIS SECTION 5, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty in the event that: (a) the Equipment has been subject to abuseTHE MANUFACTURING PACKAGE IS BEING PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND AND NEI HEREBY DISCLAIMS ALL OTHER WARRANTIES, improper applicationWHETHER EXPRESS OR IMPLIED, alterationORAL OR WRITTEN, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault of Seller; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, MANUFACTURING PACKAGE INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A ANY PARTICULAR PURPOSE. Seller’s agents 6.0 INDEMNIFICATION ------------------- NEI agrees to protect, defend, hold harmless and indemnify IBM, IBM subsidiaries and its and their successors, permitted assigns, distributors, end users and other customers from and against any and all claims, damages, actions, liabilities, losses, costs and expenses arising out of any third party claim of actual or alleged: (a) infringement by the Manufacturing Package or Product, of any patent, copyright, mask work right, trademark, trade name, trade secret, or other intellectual property or similar rights; (b) unlawful or unfair trade practices or competition attributable to NEI; (c) violation by NEI, or Manufacturing Package provided by NEI, of any administrative order, rule or regulation of any country where the Product is distributed; or (d) damage to any property, personal injury, death, or any other damage or loss by whomever suffered, resulting from any actual or alleged defect or from an Error in the Manufacturing Package. Notwithstanding the foregoing, NEI shall have no authority indemnification obligation or liability under this Section 6 to give warranties the extent that any such claim is based upon (i) the manufacture, use, distribution or guarantees beyond sale of a Product that is not manufactured in accordance with the Manufacturing Package and specifications provided by NEI (or in accordance with changes to the Manufacturing Package for which NEI's contract administrator (as defined by this Agreement) has provided documented approval), if such claim could have been avoided by such compliance, (ii) use of the Manufacturing Package or Products in combination with other devices or products in a manner for which they were not designed or intended by NEI, or (iii) use of the Products in a manner for which they were not designed or intended by NEI. IBM agrees to defend, hold harmless and indemnify NEI from and against any and all costs, damages and expenses arising out of any third party claim for IBM's breach of an IBM warranty provided with a Product to such third party, excluding those claims which would be covered under NEI's indemnification to IBM or which are caused by a breach of this Agreement by NEI. The indemnifying party shall pay all damages, expenses, costs, including but not limited to reasonable attorneys' fees resulting from all such claims or proceedings regardless of who the claims are filed against, provided hereinthat such payment shall be contingent on: (i) notice by the indemnified party to the indemnifying party in writing of such claim to enable the indemnifying party to defend or mitigate the same; (ii) cooperation by the indemnified party with the indemnifying party in the defense thereof, of which the indemnifying party shall have control at the indemnifying party's expense; and (iii) the indemnified party obtaining the indemnifying party's prior written approval of any settlement by the indemnified party of such matters (which approval shall not be unreasonably withheld). Notwithstanding the above, the indemnified party shall have the right, but not the obligation, at its sole discretion, to participate in any such defense at its own expense. In addition to NEI's indemnification obligations, if an infringement claim appears likely or is made for which NEI has indemnification obligations hereunder, NEI will use commercially reasonable efforts to immediately obtain the necessary rights and licenses for IBM, IBM subsidiaries and its and their successors, permitted assigns, distributors, end users and other customers to continue to distribute, license and exercise all other rights and licenses described in this Agreement on an uninterrupted basis. If after using commercially reasonable efforts, NEI cannot obtain such rights and licenses, then, at IBM's option, NEI shall use commercially reasonable efforts to modify or replace the Manufacturing Package with a non-infringing version, subject to IBM's technical approval of such modified or replaced Manufacturing Package and subject to such Manufacturing Package complying with all specifications and requirements described in this Agreement. If obtaining such rights and such modification or replacement are not reasonably available to NEI, then NEI may terminate IBM's license hereunder to the allegedly infringing item unless IBM agrees to waive NEI's indemnification obligation with respect to the actual or alleged claim. NEI agrees to reimburse IBM for all reasonable costs and expenses associated with the replacement of infringing Products, including, without limitation, all reasonable costs and expenses associated with problem diagnosis and the replacement of Products at IBM, its subsidiaries, and its and their distributors and customers. Said actions in this paragraph and any IBM approvals shall not relieve NEI of its indemnification or other obligations. IBM shall also have all other remedies available at law, in equity and in this Agreement. Regarding claims that, in IBM's sole reasonable opinion, cannot be defended separately, NEI agrees to participate with IBM and IBM's other licensors and suppliers in the defense of such claims that may be affected by or which may relate to a potential claim for which NEI is obligated to indemnify IBM, and NEI will share, on a pro rata basis, in all damages, expenses, costs, and/or judgments.

Warranties. 9.1 Seller represents and warrants that upon receipt of it has the Final Payment, title right to sell the Equipment shall software Products provided under this Master Agreement. 9.2 Seller represents and warrants that it has and will obtain and pass through to Purchaser free and clear not withstanding any lender(s) executed securitization of noted any and all Equipmentwarranties obtained or available from Microsoft. 9.3 Unless a longer warranty period is specified in the supplement/purchase order, Seller represents and warrants, for a period of ninety (90) days from performance of the service, that all work hereunder, including but not limited to, consulting, training and technical support, has been performed in a good and workmanlike manner and consistent with generally accepted industry standards. For any breach of this warranty, Seller shall perform the services again, at no cost to Purchaser, or if Seller is unable to perform the services as warranted, Seller shall reimburse Purchaser the fees paid to Seller for the unsatisfactory services. 9.4 Unless a different warranty is stated in the supplement/purchase order, Seller represents and warrants that the Products will operate free from defects for a period of ninety (90) days after acceptance, and will provide Purchaser complete functionality necessary for the operation of the system. Seller’s obligations pursuant to this warranty shall include, but are not limited to, the repair of all defects or the replacement of the Product at the expense of Seller. In the event Seller is unable to repair or replace the Product within ten (10) working days after receipt of notice of the defect, Purchaser shall be entitled to a full refund of fees paid and shall have the right to terminate the supplement/purchase order and this Master Agreement in whole or in part solely as between Seller and Purchaser. Purchaser’s rights hereunder are in addition to any other rights Purchaser may have. 9.5 Seller represents and warrants that there is no disabling code, lockup program or device embedded in the Products provided to Purchaser. Seller further agrees that it will not, under any circumstances, (a) install or trigger a lockup program or device, or (b) take any step which would in any manner interfere with Purchaser’s licensed use of the Products and/or which would restrict 9.6 Seller represents and warrants that there is no computer virus contained in the Products when delivered to Purchaser. For purposes of this provision, a computer virus shall provide Purchaser under normal usebe defined as code intentionally inserted in the Products that will damage or destroy Purchaser’s applications or data. For any breach of this warranty, as defined belowSeller at its expense shall, with the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with a within five (5) year limited system warranty as measured from the original date working days after receipt of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components notification of the solar system in addition breach, deliver Products to repairs to portions Purchaser that are free of roofs directly affected any virus, and shall be responsible for repairing, at Seller’s expense, any and all damage done by the installation virus to Purchaser’s site. 9.7 Seller represents and warrants that, to the extent applicable, it will ensure its compliance with the Mississippi Employment Protection Act, Miss. Code Xxx. §71-11-1, et seq. and any breach of Mississippi Employment Protection Act may subject Licensor to the consequences set forth under Miss. Code Xxx §71-11-3. 9.8 Seller represents and warrants that it will comply with the state’s data breach notification laws codified at §75-24-29 of the solar systemMississippi Code Annotated (Supp. Pre-existing conditions including but not limited 2012). Further, to Structural the extent applicable, Seller represents and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests warrants that it will comply with the applicable provisions of the PurchaserHIPAA Privacy Rule and Security Regulations (45 CFR Parts 160, all warranties will be considered suspended 162 and non164) (“Privacy Rule” and “Security Regulations”, individually; or “Privacy and Security Regulations”, collectively); and the provisions of the Health Information Technology for Economic and Clinical Health Act, Title XIII of the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-enforceable until full payment is received from 5 (the Purchaser. Seller shall have no obligation under this warranty in the event that: (a) the Equipment has been subject to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault of Seller; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided herein“HITECH Act”).

Warranties. Seller A C A. In addition to any other warranties of Vendor applicable to the equipment, Vendor warrants that upon receipt it will maintain the equipment, both during the warranty period and thereafter for the duration of this Agreement, in such a manner so that the equipment shall be ninety-five percent (95%) operationally available. For purpose of this section, “operational availability” is defined as “the time the system/subsystem, for which the equipment specified in any Purchase Order hereto was purchased, is available to the users to do useful work.” Percentage of operational availability (“OA”) as so defined shall be determined by application of the Final Payment, title formula OA where A = the hours of the Call Window during the given month. B = the hours in that month during which the system/subsystem is unavailable to the Equipment shall pass user to Purchaser free and clear not withstanding any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal usedo useful work, as defined below, with the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with due to a five Vendor- supplied hardware malfunction (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components time Vendor is notified of the solar system in addition to repairs to portions problem until the time repair is completed, provided such notification is received during the hours of roofs directly affected contract coverage). C = scheduled Preventive Maintenance for that month. If PM is scheduled by mutual agreement of Vendor and Customer but the system/subsystem is not released by the installation Customer, than any downtime prior to the next scheduled PM shall be excluded from the availability calculation. B. In the event that the Vendor is the manufacturer of the solar system. Preequipment, Vendor warrants that all engineering changes generally adopted hereafter by Vendor on similar equipment shall be made to the equipment to be maintained hereunder at no cost to the Customer, provided however, that if such an engineering change is an enhancement which Vendor generally markets at extra cost or which by its addition increases the price of later-existing conditions including but not limited to Structural marketed equipment, then Customer shall be charged the lowest price for such enhancement which Vendor charges any of its other customers or purchasers of its equipment. C. The Services will be performed in a timely and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests workmanlike manner, using only qualified maintenance technicians, totally familiar with the equipment and its operation. D. Vendor warrants that the performance of the PurchaserServices by Vendor will not in any way constitute an infringement or other violation of any copyright, all warranties will be considered suspended and trade secret, trademark, patent, invention, proprietary information or non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty in the event that: (a) the Equipment has been subject to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault disclosure rights of Seller; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party. E. The Vendor will not be in violation of any applicable law, unless rule or regulation and it shall comply with and be responsible for ensuring that its employees comply with all statutory provision, regulations, orders and by-laws of any governmental authority relating to the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during carrying out of the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereinServices.

Warranties. Seller warrants that upon receipt seca shall supply the software to you in a condition free from defects in quality or defects in title. Defects affecting the suitability for use of the Final Paymentsoftware to a minor extent only shall not be considered as defects for the purposes of this agreement. Functional impairment caused by the hardware and software environment made available by you, title operator error, defective external data, computer network malfunction or any other reason belonging to your sphere of responsibility shall not be considered as defects for the purposes of this agreement. Seca does not warrant the proper functioning of software that has been modified by you unless you demonstrate that the defect reported was not caused by such modification. You shall take reasonable precautions in the event that the software fails to work correctly in part or in full. You shall test the software thoroughly in order to ensure it’s suitable for the purpose intended by you before using it in operations. You shall also save your data in a manner consistent with the latest state of the art – you should do so after each work session in which you used the software. You shall ensure that your latest data in machine-readable form from the data stocks available can be reproduced with reasonable effort. In the event of a loss of data, seca’s liability shall be limited to the Equipment shall pass damage which would have occurred even with you performing data backup procedures. Warranty is only granted if the software is installed according to Purchaser free and clear the system requirements described in the according product documentation. The warranty does not withstanding any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal use, as defined below, with the limited manufacturer's warranties cover seca software modified by you unless you can demonstrate that such changes are not responsible for the solar modulesreported defect. Warranty claims will be regarded as justified only in case of defects that are amenable to reproduction or verification. For local customers, inverters the following shall apply: Precondition for any warranty claim of you is the full compliance with all requirements regarding inspection and rackingobjection established by sec. Seller 377 HGB (German Commercial Code). You must report any defects immediately upon discovery and provide seca – as far as possible – with information as to the nature and occurrence of the defect. Seca shall also eliminate any defects in quality by repair. Local customers shall be entitled to claim for repair or a new program unless seca is entitled by law to refuse such repair or replacement. The local customer shall grant to seca a reasonable period of grace for repair / replacement. In the event of failure to repair or replace as aforesaid, the local customer shall be entitled to reduce his payment(s) or to cancel the agreement. Warranty claims shall be time-barred after 12 months of the passage of risk. In case of defects that are reports on the basis of this article 2 seca will at its sole and unfettered discretion repair or provide Purchaser with a five (5) year limited system warranty as measured replacement. In the event that seca cannot remedy the defect within an appropriate period of time, you may set a period of time for rectification of the defect and then reduce the price or withdraw from the original date of installation and subsequent approval to use from Local Township contract if the appropriate legal requirements are fulfilled. You may claim for damages insofar as allowed by law only within the limits specified in article 4 below. It is your sole responsibility that your hardware, system or Utility whichever occurs first its environment is suitable for parts and labor, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar systemsoftware. Pre-existing conditions including but Seca is only liable for the amount paid for the software at the time of purchase, not limited to Structural and Electrical defects are not includedfor any further damages. If Purchaser does not make payment For the rest any other liabilities in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty in the event that: (a) the Equipment has been subject to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault of Seller; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection conjunction with the equipment; (c) installationfulfilment and any other liability claims due to negligence are excluded from these terms and conditions. For foreign customers, repairthe following shall apply: The software and other information are delivered to you „as is“ and with all faults. Seca, replacement of partsits suppliers and certification authorities do not and cannot warrant the performance or results you may obtain by using the software, adjustmentcertificate authority services or other third-party offerings. Except to the extent any warranty, service condition, representation, or other work on the Equipment is performed term cannot or may not be excluded or limited by Purchaserlaw applicable to you in your jurisdiction, Purchaser’s customers or any third partyseca and its suppliers and certification authorities make no warranties conditions, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specificationsrepresentations, or terms (eexpress or implied whether by statute, common law, custom, usage or otherwise) Purchaser fails as to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs any matter including without limitation noninfringement of third party rights, 00-00-00-000 6 | 9 merchantability, integration, satisfactory quality, or replacements qualifying under this warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during the stated warranty period. Normal Use fitness for any Equipment is deemed particular purpose. Howsoever caused, but this shall not imply or create any continued right to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereinuse the software after termination of this agreement.

Warranties. Seller 4.1 Proofpoint warrants to Customer that upon receipt for a period of three (3) months from delivery of the Final PaymentAppliance, title the Software will substantially conform in all material respects to the Equipment shall pass to Purchaser free and clear Documentation (“Software Warranty”). Proofpoint does not withstanding any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal warrant that the Software will operate in the combinations that Customer may select for use, as defined below, with the limited manufacturer's warranties for the solar modules, inverters and rackingor that all Software errors will be corrected. Seller shall also Customer will provide Purchaser with a five (5) year limited system warranty as measured from the original date prompt written notice of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Preany non-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser conformity. 4.2 This Software Warranty does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty in the event thatapply to: (a) the Equipment Software that has been subject modified by any party other than Proofpoint; or (b) Software that has been improperly installed or used in a manner other than as authorized under the Agreement to abusethe extent such modification(s) or improper installation cause the Software to be nonconforming. As Customer’s sole and exclusive remedy and Proofpoint’s entire liability for any breach of the foregoing warranty, improper applicationProofpoint will (i) use reasonable efforts to fix, alterationprovide a work around, accident or negligence otherwise repair or replace the Software or, if Proofpoint is unable to do so, (ii) terminate this Product Exhibit and return the Subscription Fees paid to Proofpoint or Reseller for such allegedly defective Software for the period commencing from Customer’s notice of nonconformity through the remainder of the Initial Term or Extension Term, as applicable. 4.3 Proofpoint warrants to Customer that the Appliance will be free from defects in materials and workmanship, under normal intended use, storagefor twelve (12) months from the original shipment date of the Appliance (“Appliance Warranty”). Customer will provide prompt written notice of any non-conformity during the Appliance Warranty period. Provided that Proofpoint receives such timely notification, transportation Customer’s sole and exclusive remedy and Proofpoint’s entire liability for any breach of the foregoing warranty is to ship a replacement Appliance. If the Appliance is replaced, such replacement Appliance is warranted for the unexpired portion of the original Appliance Warranty. If the Appliance is damaged due to Customer’s negligence or handlingwillful misconduct, Customer will be responsible for all shipping and repair costs. Otherwise, Proofpoint will be responsible for all shipping costs related to shipping the replacement Appliance to Customer. Any Appliance that is replaced becomes the property of Proofpoint. Proofpoint will not be responsible for Customer’s or any third party’s software, firmware, information, or data contained in or stored on any Appliance returned to Proofpoint, whether under warranty or not. 4.4 This Appliance Warranty does not apply to (a) an Appliance that is improperly installed or used in a manner other than as authorized under the Agreement, to the extent such actions improper installation or occurrences are not use cause the fault breach of Sellerwarranty; (b) an Appliance that has been modified or repaired by Customer or any party other than Proofpoint, to the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with extent such modifications cause the equipmentbreach of warranty; (c) installationan Appliance that is damaged due to Customer’s mishandling, repairabuse, replacement of parts, adjustment, service negligence, or other work on the Equipment is performed by Purchaserimproper storage, Purchaser’s customers servicing or any third party, unless the same shall have been expressly authorized in writing by Selleroperation; or (d) Purchaser an Appliance that is damaged due to power failures, surges, lightning strikes, 4.5 If Customer has not provided electrical service conforming to applicable electrical codespurchased Proofpoint’s encryption module that includes Security Services Key Service (“PKS”), including then the PKS System Availability SLA defined in the Hosted Services Service Level Agreement (“SLA Agreement”) shall apply. The SLA Agreement is posted on Proofpoint’s website at xxxx://xxx.xxxxxxxxxx.xxx/license. In the event of a dedicated line for power supply breach of the foregoing warranty, as Customer’s sole and appropriate polarization and grounding exclusive remedy, Proofpoint will provide the remedy set forth in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereinrespective SLA.

Warranties. Seller warrants that upon receipt it has absolute title and full right to transfer good and merchantable title to all good(s) and service(s) delivered or provided hereunder; that the good(s) are now and at the time of delivery shall be free of any security interest, lien or encumbrance; and that all good(s) and service(s) provided hereunder shall strictly conform to the descriptions and specifications set forth or referred to herein, shall be new and shall be of merchantable quality for the industry, shall be free from defects in workmanship, material and design, and shall be fit for the purpose intended and shall perform the required functions in a manner satisfactory to CSFCo. Such warranties shall extend for a period not less than one (1) year or for any longer period as the Seller or manufacturer of the Final Payment, title to the Equipment shall pass to Purchaser free and clear not withstanding any lender(sgood(s) executed securitization of noted any and all Equipmentnormally provides. Seller shall provide Purchaser under normal use, as defined below, agrees to protect and hold CSFCo harmless from any loss or claim arising out of Seller’s failure to comply with the limited manufacturerforegoing warranties. INSPECTION: CSFCo reserves the right of inspection prior to final acceptance and such inspection and acceptance shall be at CSFCo’s premises by CSFCo. CSFCo may inspect goods at Seller’s plant but inspection by CSFCo prior to delivery does not relieve Seller from responsibility of furnishing goods in strict compliance with specifications, nor preclude CSFCo’s subsequent rejection if the good(s) fail to comply with Seller's warranties for the solar moduleswarranties. At CSFCo's election, inverters it may correct any non-conforming good(s) and racking. Seller shall also provide Purchaser with a five (5service(s) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township at Seller’s expense, replace any non-conforming or Utility whichever occurs first for parts and labor, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects rejected goods if adequate assurances are not included. If Purchaser does not make payment in full as provided in this agreement including timely provided, hold any change orders non-conforming or extras caused by unforeseen or concealed conditions or requests of the Purchaserrejected good(s) at Seller's risk to cover, all warranties will be considered suspended and/or return any rejected and non-enforceable until full payment is received from the Purchaserconforming good(s) to Seller at Seller’s expense. Seller Payment by CSFCo shall have no obligation under this warranty in the event that: (anot be construed as constituting acceptance of good(s) the Equipment has been subject or service(s) if these fail to abuse, improper application, alteration, accident comply with Seller's warranties. Inspection may involve sampling or negligence in use, storage, transportation or handlingtesting, and such actions or occurrences are CSFCo’s acknowledgment of delivery does not the fault of Seller; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereinconstitute final acceptance hereunder.

Warranties. 4.1 Warranty and warranty guidelines of the original manufacturer of the Equipment (the “Manufacturer”) shall apply in respect of all Equipment sold hereunder. During the warranty period (as set out in the warranty guidelines for the Equipment) (the “Warranty Period”), the Equipment shall be free from defects in material and workmanship and shall be of the kind and quality designated or described in the specifications. 4.2 If within eighteen (18) months from the date of notification of readiness of shipment or twelve (12) months from date of first use by the Purchaser or any other end user, unless otherwise specified in writing, the Equipment does not meet the warranties specified above, the Seller agrees to facilitate with the Manufacturer to correct any defect, at its option, either by repairing any defective parts, or by making available Ex Works, repaired or replacement parts, provided the Purchaser notifies the Seller promptly of any such defects. 4.3 The cost of removal of the defective Equipment from its related system, site and/or ancillary equipment, and the cost of its reinstallation in such system, site and/or ancillary equipment, including all transportation costs to and from the Seller’s, or any sub-contractor of the Seller’s, plant or repair shop, shall be borne exclusively by the Purchaser. The Purchaser shall not return or dispose of any Equipment or part thereof with respect to which it intends to make a claim under the foregoing warranty, without the Seller's express prior written authorization. 4.4 Where the Seller supplies Services, the Seller warrants that upon receipt it shall re-perform Services which are found to have been performed other than in a professional manner and in accordance with sound, generally accepted and professional practices in effect at the time of performance, provided the Seller receives written notification of the Final Payment, title to the Equipment shall pass to Purchaser free and clear not withstanding any lender(sdefect within thirty (30) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal use, as defined below, with the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured days from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty in the event that: (a) the Equipment has been subject to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault of Seller; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, performance. 4.5 Any repair, replacement of partsor re-performance pursuant to the foregoing warranties shall not renew or extend the Warranty Period. The foregoing warranties shall be void to any deficiency or defect resulting from, adjustment, service , or other work on the Equipment is performed being improperly installed or cared for, operated under abnormal conditions or contrary to specifications or instructions of the Seller or the Manufacturer, normal wear and tear, modifications or alterations made by Purchaser, Purchaser’s customers the Purchaser or any a third party, unless party without the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that 's consent. 4.6 THE LIMITED EXPRESS WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S SET FORTH IN THESE TERMS AND CONDITIONS ARE EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESSED STATUTORY, ORAL, WRITTEN, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE, SHALL APPLY. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereinTHE PURCHASER'S EXCLUSIVE REMEDIES AND THE SELLER'S ONLY OBLIGATIONS ARISING OUT OF OR IN CONNECTION WITH DEFECTIVE EQUIPMENT OR SERVICES OR BOTH, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THOSE STATED HEREIN.

Warranties. Seller warrants that upon receipt of the Final Payment, title to the Equipment shall pass to Purchaser free and clear not withstanding any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal use, as defined below, with the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty in the event that: (a) Supplier warrants only that the Equipment has been subject Product purchased by Purchaser or Purchaser's Designee hereunder shall: (i) be manufactured in accordance with current Good Manufacturing Practices; (ii) conform to abusethe Specifications made known to the Supplier in writing at the time of shipment; (iii) have a minimum expiry period of 24 months from the time of manufacture and 18 months from the time of delivery; and (iv) at time of shipment, improper applicationshall not be a product, alterationthe manufacture, accident use or negligence sale of which, infringes or violates the patent or any other proprietary rights of a third party, provided, however, that the foregoing warranty shall not apply to any infringement or violation resulting from the use of the Intellectual Property, NDA or NDS (as such terms are defined in use, storage, transportation or handling, and such actions or occurrences are not the fault of Seller; Asset Purchase Agreement) as conveyed to Supplier by Purchaser pursuant to the Asset Purchase Agreement. (b) the Equipment is used The warranties in combination Section 2.11(a) shall not apply to Products that have been modified or connection with other equipmentaltered in any manner after shipment by Supplier, attachments not approved in writing or to defects caused (i) through no fault of Supplier or Supplier's Designee after shipment by Seller for use in combination or connection with the equipmentSupplier; (cii) installationby the use or operation in any application or environment other than that intended or recommended by Supplier; or (iii) by accident, repairnegligence, replacement of parts, adjustment, service , misuse or other work on causes beyond normal use. Supplier shall not be liable for misbranding with respect to any product labeling or package insert text provided or used by Purchaser or Purchaser's Designee or any translation thereof and Supplier shall not be liable for any adulteration or failure to meet the Equipment is performed Specifications due to handling or packaging of Product by Purchaser, Purchaser’s customers 's Designee(s) or any third partytheir Affiliates. (c) Each party warrants to the other that it has the full corporate power and authority to enter into this Agreement and to consummate the transactions contemplated hereunder, unless and the same shall execution, delivery and performance of this Agreement and the transactions contemplated hereby have been expressly duly and validly authorized in writing by Seller; proper corporate action, and no other proceedings on the part of such party are necessary to authorize this Agreement and the transactions contemplated hereby. (d) Purchaser Each party warrants to the other that this Agreement has not provided electrical service conforming to applicable electrical codesbeen duly executed and delivered by it and constitutes a legal, including a dedicated line for power supply valid and appropriate polarization and grounding binding obligation of it, enforceable against it in accordance with Seller’s specificationsits terms, subject to the general principles of equity and except as the enforceability hereof may be limited by applicable bankruptcy, insolvency, reorganization or other similar laws of general application relating to creditors' rights. (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE EXCEPT AS EXPRESSLY PROVIDED IN LIEU OF ALL OTHER WARRANTIES THIS SECTION 2.11, SUPPLIER MAKES NO REPRESENTATION OR GUARANTEES WHETHER EXPRESSED WARRANTY, EXPRESS OR IMPLIED, INCLUDINGAS TO PRODUCTS, AND SUPPLIER HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided herein.

Warranties. Seller (a) Contractor warrants to Owner that upon receipt all Equipment and other items furnished under this Agreement by Contractor shall be new and of good quality, shall be free from improper workmanship and defective materials. (b) Contractor warrants to Owner that the Work will be performed in a good and workmanlike manner, and that the Plant will; (i) conform to and be designed, engineered and constructed in accordance with the Drawings, Scope of Work and other terms of this Agreement; (ii) conform with, and be designed and engineered according to professional standards and skill, expertise and diligence of design professionals regularly involved in major power projects; and (iii) contain equipment, supplies and materials described in the Scope of Work. (c) Contractor warrants to Owner that none of the Work, the Plant, the Equipment, the Drawings, Final PaymentPlans and the design, title to engineering and other services rendered by Contractor hereunder, nor the Equipment shall pass to Purchaser free and clear not withstanding any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal use, as defined below, use or ownership thereof by Owner in accordance with the limited manufacturer's licenses granted hereunder, infringes, violates or constitutes a misappropriation of any trade secrets, proprietary rights, intellectual property rights, patents, copyrights or trademarks. (d) Contractor warrants to Owner that its professional services that are used, involved or required for proper operation any computer function or function of data or information retrieval or manipulation will be "Year 2000 Compliant," including that (i) no value for a current date will cause interruptions in desired operation; (ii) all manipulations of calendar- related data (dates, durations, days of week, etc.) will produce desired results for all valid date values within the operation domain; (iii) date elements in interfaces and data storage will permit specifying the century in such a way as to eliminate ambiguity; and (iv) for any date element represented without designation of the century, the correct century is unambiguous for all manipulations involving that element. With respect to equipment provided by subcontractors and suppliers of Contractor, Contractor agrees to obtain the above warranty from said subcontractors and suppliers and further agrees to assign said warranties for the solar modules, inverters to Owner upon request and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and laborits best efforts to assist the Owner in enforcing these warranties. Upon Owner's request, on Contractor shall use all components of the solar system in addition reasonable efforts to repairs force subcontractors to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including honor warranties, including, but not limited to, filing suit to Structural enforce same. (e) Contractor warrants that it shall remedy any defects in the work due to faulty design, materials or workmanship which appear within a period of one (1) year following the Performance Test of Phase II. Irrespective of the foregoing, the one-year warranty period referenced above begins at Commercial Operation of each Phase with respect to the General Electric turbines and Electrical defects are accessory equipment. Except as provided below, Contractor shall bear all costs of corrections and repairs. The provisions of this Section apply to work done by Subcontractors of Contractor as well as work done directly by Contractor. The provisions of this Section do not includedapply to corrective work caused by the acts or omissions of Owner or any separate contractor of Owner. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty in the event that: Owner notifies Contractor of a defect within the warranty period alluded to above, Contractor, at Contractor's expense, except for cost associated with removing and replacing General Electric supplied and warranted Combustion Turbine Generator and Steam Turbine Generator components (awhich shall be at Owner's expense) shall perform all work necessary to remedy the Equipment has been defect and the repair or replacement work performed by Contractor to accomplish that purpose shall be subject to abuse, improper application, alteration, accident an additional one-year express warranty from the date the repair or negligence in use, storage, transportation or handling, and such actions or occurrences are not replacement is completed. Contractor's obligations to remedy any defects surfacing after the fault of Seller; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty period referenced above shall be performed on regularly business days and during Seller’s regular business hours within limited by the proceeds, if any, of any applicable insurance policy. Contractor agrees to reasonably cooperate with Owner at Owner's expense to effect the collection of any such insurance proceeds. (f) Contractor warrants that all turbine foundations shall be free from material settlement for a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during period of two (2) years from the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that completion of Phase II Performance Tests. (g) THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S OF CONTRACTOR SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES WARRANTIES, WHETHER STATUTORY, EXPRESS OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED (INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE). Seller’s agents have no authority The foregoing sentence is not intended to give warranties or guarantees beyond those provided disclaim any other obligations of Contractor set forth herein.

Warranties. 9.1 Seller represents and warrants that upon receipt of it has the Final Payment, right to sell the Products provided under this EPL Agreement. 9.2 Seller represents and warrants that Purchaser shall acquire good and clear title to the Equipment shall pass to Purchaser Products purchased hereunder, free and clear of all liens and encumbrances. 9.3 Seller represents and warrants that unless otherwise specified in RFP No. 3744 and/or the published EPL, each Product delivered for new installations shall be delivered new and not withstanding any lender(s) executed securitization of noted as a “used, substituted, rebuilt, refurbished or reinstalled” Product. It is understood that parts supplied by Seller during maintenance may be new or refurbished and warranted as new. 9.4 Seller represents and warrants that it has and will obtain and pass through to Purchaser any and all Equipmentwarranties obtained or available from the manufacturer/licensor of the Product. 9.5 Seller represents and warrants that all hardware Products provided pursuant to this EPL Agreement shall, for the warranty period specified in the supplement and/or purchase order or in the published EPL, whichever is longer, be free from defects in material, manufacture, design and workmanship. Seller’s obligation pursuant to this warranty shall include, but is not limited to, the repair or replacement of the hardware Product, or the redoing of the faulty installation, at no cost to Purchaser. Response times and maintenance requirements during the warranty period shall be as specified in Article 15 herein. In the event Seller can not repair or replace the hardware Product during the warranty period, Seller shall refund the purchase price of the hardware Product, and Purchaser shall have the right to terminate the supplement and/or purchase order and this EPL Agreement in whole or in part, solely as between those two parties. Purchaser’s rights hereunder are in addition to any other rights Purchaser may have. 9.6 Seller represents and warrants that all Products provided by Seller shall meet or exceed the minimum specifications set forth in RFP No. 3744 and the published EPL. 9.7 Seller represents and warrants that all software Products provided pursuant to this EPL Agreement shall, for the warranty period specified in the supplement and/or purchase order or in the published EPL, whichever is longer, be free from reproducible defects and provide Purchaser complete functionality necessary for the operation of the system. Seller’s obligation pursuant to this warranty shall include, but is not limited to, the repair of all reproducible defects or the replacement of the software Product, at no cost to Purchaser. In the event Seller is unable to repair or replace the software Product during the warranty period, Purchaser shall be entitled to a full refund of the price paid for the defective software Product, and Purchaser shall have the right to terminate the supplement and/or purchase order and this EPL Agreement in whole or in part, solely as between those two parties. Purchaser’s rights hereunder are in addition to any other rights Purchaser may have. 9.8 Seller represents and warrants that its services hereunder, including but not limited to, consulting, training and technical support, have been performed by competent personnel in a professional and workmanlike manner and consistent with generally accepted industry standards for same and shall comply in all respects with the requirements of this EPL Agreement. For any breach of this warranty, Seller shall, for a minimum period of ninety (90) days from performance of the service, perform the services again, at no cost to Purchaser, or if Seller is unable to perform the services as warranted, Seller shall reimburse Purchaser the fees paid to Seller for the unsatisfactory services. 9.9 Seller represents and warrants that there is no disabling code or lockup program or device embedded in the Products provided to Purchaser. Seller shall provide further agrees that it will not, under any circumstances, (a) install or trigger a lockup program or device, or (b) take any step which would in any manner interfere with Purchaser’s use of the Products and/or which would restrict Purchaser under normal use, as defined below, from accessing its data files or in any way interfere with the limited manufacturer's warranties for the solar modulestransaction of Purchaser’s business. For any breach of this warranty, inverters and racking. Seller shall also provide Purchaser with a at its expense shall, within five (5) year limited system warranty as measured from the original date working days after receipt of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components notification of the solar system in addition breach, deliver Products to repairs Purchaser that are free of such disabling code, lockup program or device. 9.10 Seller represents and warrants that the Products, as delivered to portions Purchaser, do not contain a computer virus. For any breach of roofs directly affected this warranty, Seller at its expense shall, within five (5) working days after receipt of notification of the breach, deliver Products to Purchaser that are free of any virus, and shall be responsible for repairing, at Seller’s expense, any and all damage done by the installation virus to Purchaser’s site. 9.11 Seller represents and warrants that it will ensure its compliance with the Mississippi Employment Protection Act, Section 71-11-1, et seq. of the solar system. Pre-existing conditions including but not limited to Structural Mississippi Code Annotated (Supp2008), and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended register and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty participate in the event that: (a) the Equipment has been subject to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault of Seller; (b) the Equipment status verification system for all newly hired employees. The term “employee” as used herein means any person that is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specifications, or (e) Purchaser fails hired to perform timely operating maintenance as specified in Seller’s Operator’s Manualwork within the State of Mississippi. Repairs or replacements qualifying under this warranty shall be performed on regularly business days As used herein, “status verification system” means the Illegal Immigration Reform and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during Immigration Responsibility Act of 1996 that is operated by the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereinUnited

Warranties. Seller warrants that upon receipt of the Final Payment, title to the Equipment shall pass to Purchaser free and clear not withstanding any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal use, as defined below, with the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty in the event that: (a) Truevision warrants and covenants that it has the Equipment has been subject right to abusegrant to Avid the rights purported to be granted hereby and that the Manufacturing Documentation will allow a person of reasonable skill in the industry to manufacture the Products free of defects in material, improper application, alteration, accident or negligence workmanship and design and which will function substantially in use, storage, transportation or handling, accordance with and such actions or occurrences will conform to the applicable specifications and shall otherwise be suitable for the purposes for which they are not intended (the fault of Seller; "Product Warranty"). (b) Truevision also warrants that the Equipment is used in combination Products and each component thereof, and the manufacture, use, sale, and other distribution thereof does not and shall not infringe any patent, copyright, mask work, trademark, trade secret or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; proprietary right of any third party. (c) installationTruevision shall extend no warranty of non-infringement under this Section 6 to the extent: (1) infringement is attributable to Truevision's incorporation of Avid-supplied designs into the Products and (2) such claim or suit would have been avoided but for the combination, repairoperation, replacement or use of the Products with devices, parts, adjustment, service , or other work on the Equipment is performed software not supplied by Purchaser, Purchaser’s customers Truevision or any third party, unless the same shall have been expressly authorized in writing by Seller; its subcontractors. (d) Purchaser has not provided electrical service conforming After one year from the date of delivery of any Product manufactured by Truevision and sold to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specificationsAvid, or (e) Purchaser fails for any Product manufactured by Avid regardless of when manufactured, Truevision agrees to perform timely operating maintenance as specified in Seller’s Operator’s Manualprovide repair services for the Products. Repairs or replacements qualifying under Such repair service during the term of this warranty agreement shall be performed on regularly business days provided at Truevision's then current out of warranty repair rates, which shall not exceed the prices Avid would pay for a new Product of that type. Upon expiration of the agreement and during Seller’s regular business hours within for a reasonable time following Purchaser’s request. All requests term of 5 years thereafter, Truevision shall provide repair or replacement service for warranty fulfillment must be made during the stated warranty period. Normal Use Products to Avid at Truevision's then prevailing prices for any Equipment is deemed such service, subject to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority availability of parts required to give warranties or guarantees beyond those provided hereineffect the repair of the defective product.

Warranties. Seller 7.1 Unless otherwise stated in the Order Form or provided by the manufacturer of the Equipment, HKBNES warrants that upon receipt in respect of Equipment sold and installed and any cabling works performed at the Final Paymentdate of such installation, title to the Equipment shall pass to Purchaser they will be free and clear not withstanding any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser from defects in material and/or workmanship under normal use, as defined below, with the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no HKBNES’s sole obligation under this warranty in the event that: (a) the Equipment has been subject to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault of Seller; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall be performed on regularly business to repair or at its option, replace free of charge any such articles or parts thereof which, within 30 days from the date of original installation, shall have been promptly reported by the Customer to HKBNES as defective in material or workmanship, and, upon investigation by HKBNES, shall be determined to have been so defective. This warranty does not extend to any article that has been subjected to misuse, neglect, or accident or which have been altered or repaired, other than by HKBNES, or if the defect is due to the failure of the Customer to prepare and maintain the installation site in ac- cordance with the site specifications provided by HKBNES. Repair and replacement under this warranty will be provided during SellerHKBNES’s regular business normal working hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during which are Monday to Friday between the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that hours of 9 a.m. and 5 p.m., excluding in each case, public holidays. 7.2 EXCEPT FOR WARRANTY OF TITLE, THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S SET FORTH IN PARAGRAPH 7.1 ARE EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED WARRANTIES, EXPRESS OR IMPLIED, INCLUDINGORAL OR WRITTEN OR STATUTORY OR OTHERWISE ARISING BY OPERATION OF LAW INCLUDING BUT WITHOUT LIMITING THE FOREGOING, WITHOUT LIMITATION, WARRANTIES ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR OF MERCHANTABILITY. Seller’s agents Accordingly, except for the obligations set forth in paragraph 7.1, HKBNES shall have no authority to give warranties obligations or guarantees beyond those provided hereinliabilities under the Agreement, or otherwise, connected with or resulting from, the sale, installation, repair or use of any Equipment or any cabling or other materials sold and or supplied under the Agreement.

Warranties. A. In addition to the other warranties made herein, Seller represents and warrants that upon receipt Seller has special skills and that Buyer is relying on that skill and the judgment of Seller to select and furnish suitable products or services. All written or oral statements of Seller as to function, quality, suitability, and use of the Final Paymentproducts or services are warranties of Seller. Seller represents and warrants that all products (including packaging) and services (including construction work) provided under this Purchase Order shall: (i) fully and strictly conform to specifications; (ii) be free of defects; (iii) be of good material and workmanship; (iv) be merchantable and fit for the general and particular purposes for which they are required; and (v) be free of any liens, title claims or encumbrances of any kind. If any product or service is nonconforming Seller shall, if Buyer requests, promptly and without charge repair or replace the product or provide replacement service. If any specification or instruction supplied by Buyer, regardless of the form, appears to be in conflict with any other specifications or instructions, or otherwise appears insufficient or unclear, it shall be the Equipment duty of Seller to request clarification from Buyer, who shall pass reserve the right to Purchaser free determine products or services' conformity with the specifications or instructions. B. All goods or material received shall be subject to Buyer's inspection and clear rejection. Goods or material not withstanding in conformance to Buyer's specifications will be held for Seller's instructions at Seller's risk and, if Seller so directs, will be returned to Seller at Seller's expense. No goods or material returned as nonconforming shall be replaced without a new order and schedule established by Buyer. Payment for material on this Purchase Order prior to inspection shall not constitute an acceptance thereof, nor will acceptance remove Seller's responsibility for latent defects or any lender(s) executed securitization other obligation of noted Seller under this Purchase Order. C. In addition to any and all Equipment. other remedies available to Buyer, Buyer shall be entitled to all incidental damages resulting from a breach by Seller shall provide Purchaser under normal useof this Purchase Order, as defined belowincluding, with the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural to, all expenses reasonably incurred in inspection, receipt, transportation, and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests care and custody of the Purchasergoods or material rightfully rejected, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty any commercially reasonable charges, expenses or commissions incurred in the event that: (a) the Equipment has been subject to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handlingeffecting cover, and such actions any other reasonable expense incident to a delay or occurrences are not the fault of Seller; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing breach by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided herein.

Warranties. Seller warrants that upon receipt of CONTRACTOR hereby agrees to provide a 1 (one) year warranty for the Final PaymentWork commencing on Substantial Completion Date, title for all workmanship and materials used. Moreover, after the 1 (one) year warranty term has expired, CONTRACTOR shall assign OWNER, to the Equipment shall pass to Purchaser free and clear not withstanding any lender(s) executed securitization of noted fullest extent possible, any and all Equipment. Seller shall provide Purchaser under normal usewarranties received by its vendors, as defined belowsuppliers and/or Subcontractors., with the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to, the warranty for the roofs of the Work granted by Xxxxxx for a term of 10 (ten) years for steel and steel reinforcement materials. Work will be free of defects not inherent in the quality required or permitted, and that the Work will conform to Structural the requirements of the Contract Documents. Work not according to the Contract Documents requirements, including substitutions not properly approved and Electrical authorized, under the Contract Documents, may be considered defective. Except for punch list items, the warranty period will run from the date the punch list items are delivered. Any imperfections or defects are not includedwhich may develop or be discovered in the workmanship or materials used or in the fixtures or equipment furnished by the CONTRACTOR during the corresponding warranty period shall be made good by the CONTRACTOR, including all necessary costs incidental thereto, without cost to the OWNER. If Purchaser does not make payment In the event of any imperfections, and in full as provided addition to other recourses available to the OWNER derived from this Contract or from law, the CONTRACTOR covenants and agrees to replace or repair with comparable equipment, materials and workmanship, any and all imperfections or defects found in the workmanship or materials used furnished by the CONTRACTOR. CONTRACTOR hereby agrees to that any persistent imperfection that was corrected by CONTRACTOR within the warranty term, shall be corrected by CONTRACTOR under this warranty, until said repair is in good working conditions. Nothing contained in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests Clause shall be construed to establish a period of limitation with respect to other obligations, which the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from Contractor might have under the PurchaserContract Documents. Seller shall have no obligation under this warranty in In the event that: (a) that this Contract is terminated by OWNER before the Equipment has been subject to abusedates set forth in Clause Fifth hereof, improper applicationthen, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault of Seller; (b) warranty shall become effective for the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service , or other work on the Equipment is Work actually performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply CONTRACTOR and appropriate polarization and grounding in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this said warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during effective as of the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereindate of termination hereof.

Warranties. Seller 7.1. InfoChip warrants that upon receipt for a period of ninety (90) days from the Final Paymentdate of implementation (the “Warranty Period”), title to the Equipment shall pass to Purchaser free and clear not withstanding any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal useSoftware, as defined belowwhen properly used, will operate substantially in accordance with the limited manufacturerspecifications contained in the Documentation. InfoChip’s entire liability and Licensee's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation exclusive remedy under this warranty shall be that InfoChip will use reasonable commercial efforts to correct, provide a workaround for or, in InfoChip’s sole discretion, replace (each such action a “Remedy”) any reproducible error in the event that: Software, at InfoChip’s cost and expense, provided written notice itemizing such error is given to InfoChip during the Warranty Period. InfoChip neither covenants nor guarantees that any Remedy nor any other services or support provided under this Agreement will cause the Software to conform to the Documentation. 7.2. The warranty set forth in Section 7.1 above shall not apply to the degree that the reproducible error occurs because (a) the Equipment affected Software has not been subject to abuse, improper application, alteration, accident or negligence used in use, storage, transportation or handling, and such actions or occurrences are not accordance with the fault of SellerDocumentation; (b) the Equipment is used in combination affected Software has been altered, modified merged or connection with other equipment, attachments not approved in writing converted by Seller for use in combination or connection with the equipmentLicensee; (c) installation, repair, replacement of parts, adjustment, service , the malfunctioning of Licensee’s hardware or other work on the Equipment is performed by Purchaser, Purchaser’s customers software; or any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser the affected Software, or a portion thereof, has become inoperative due to any other causes beyond the control of InfoChip. The warranty set forth in Section 7.1 shall not apply if Licensee has not provided electrical service conforming timely paid amounts due and owing to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying InfoChip under this Agreement. 7.3. InfoChip uses commercially reasonable security procedures and will review such procedures on a periodic basis. However, InfoChip disclaims any warranty as to the effectiveness of its security procedures. In the event that InfoChip discovers a security breach has occurred with respect to Licensee’s Confidential Information (as defined in Section 13, InfoChip shall be performed on regularly business days promptly notify Licensee and during Seller’s regular business hours within shall use commercially reasonable efforts to limit the scope of the breach and to cooperate with Licensee following the breach. InfoChip shall also undertake a reasonable time following Purchaser’s requestforensic audit to determine how the breach occurred and how to prevent it from occurring again. 7.4. All requests for warranty fulfillment must be made during the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that INFOCHIP DOES NOT WARRANT THAT THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE SOFTWARE WILL OPERATE UNINTERRUPTED OR ERROR FREE, THAT THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY FUNCTIONS CONTAINED IN THE SOFTWARE WILL FUNCTION WITH RESPECT TO OTHER SOFTWARE, HARDWARE, OR WITHIN A SYSTEM, OR THAT INFOCHIP’S EFFORTS, THE ASSOCIATED SERVICES, SALEOTHER SERVICES PROVIDED HEREUNDER, MATERIALSTHE SOFTWARE, SOLAR POWER SYSTEMTHE DOCUMENTATION, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OTHER MATERIALS SUPPLIED HEREUNDER WILL FULFILL ANY OF ALL OTHER WARRANTIES LICENSEE’S PARTICULAR PURPOSES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereinNEEDS.

Warranties. Seller warrants that upon receipt of the Final Payment, title to the Equipment shall pass to Purchaser free and clear not withstanding any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal use, as defined below, with the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty in the event that: (a) the Equipment has been subject SUPPLIER will convey clear title to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handling, all Products and such actions or occurrences are not the fault of SellerPre- Commercial Units to DISTRIBUTOR as provided hereunder; (b) SUPPLIER warrants and represents that all Products, Pre-Commercial Units and Services (to the Equipment is used extent that SUPPLIER provides Services) sold hereunder or pursuant hereto will be free from all material defects in combination or connection with other equipmentworkmanship and material, attachments not approved and that the Products, Pre-Commercial Units and Services (to the extent that SUPPLIER provides Services) are provided in writing by Seller for use in combination or connection strict accordance with the equipment; specifications set forth in Schedule B, and (c) Except as provided by this Agreement, any attempt by ---------- SUPPLIER to limit, disclaim, or restrict any such warranties or any remedies of DISTRIBUTOR, except as limited by this Agreement, by acknowledgment or otherwise, in accepting or performing an order, shall be null, void and ineffective without DISTRIBUTOR's written consent. For Products purchased under this Agreement, the foregoing warranties shall apply for a period of the lesser of [***] from the date of installation or [***] from delivery to DISTRIBUTOR. For Pre-Commercial Units purchased under this Agreement, the foregoing warranties shall apply for a period of the lesser of [***] from the date of installation or [***] from delivery to DISTRIBUTOR. For any product or component purchased by SUPPLIER with a warranty in excess of the terms described above, SUPPLIER will make such extended warranty coverage available to DISTRIBUTOR for the relevant components. The foregoing warranties are conditioned upon (a) proper storage, handling, transportation, installation, use, repair, replacement and maintenance, and conformance with any reasonable recommendations of partsSUPPLIER, adjustmentand (b) DISTRIBUTOR's promptly notifying SUPPLIER of any defects and, service if required, promptly making the Product or other work on Pre-Commercial Unit available for correction. The foregoing warranties are provided at no cost to DISTRIBUTOR or Customers. (a) repairing the Equipment is performed by Purchaser, Purchaser’s customers defective Product or any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specificationsPre-Commercial Unit, or (eb) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manualreplacing the defective Product or Pre-Commercial Unit. Repairs All costs associated with such repair or replacements qualifying under this warranty replacement, including any transportation costs, shall be performed the sole responsibility of SUPPLIER, subject to the limitations set forth in the Service Agreement described in the next paragraph. DISTRIBUTOR will provide the labor, transportation, and other Services necessary for such repairs and replacements pursuant to a Service Agreement that will be mutually agreed between SUPPLIER and DISTRIBUTOR. If such Service Agreement is not agreed to by June 1, 2000, then this Distributor Agreement will terminate. The Service Agreement will set forth limits on regularly business days SUPPLIER's reimbursement to DISTRIBUTOR for labor, transportation, and during Seller’s regular business hours within other Services. The Service Agreement will also set forth a reasonable time following Purchaser’s requestwarranty approval process that will include pre- approval of major warranty claims prior to commencement of work, submission of all warranty claims for review and approval by SUPPLIER, and return of all parts subject to warranty claims to SUPPLIER. All requests for warranty fulfillment must be made during For Products, SUPPLIER will provide DISTRIBUTOR with the stated option of purchasing an extension to the initial warranty period. Normal Use Such additional warranty period will be for any Equipment is deemed [***] beyond the termination of the initial warranty period, and will cover the [***] The price for such warranty extension, if purchased, will not exceed [***], to be continuouspaid as a lump sum at the time of Product purchase, for Products purchased in "2001", as defined in Schedule D, and [***] for Products purchased thereafter. Purchaser agrees The extended warranty price for "2001" is not firm and will become firm no later than April 1, 2000. In the event that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICESthe extended warranty price for "2001" exceeds [***], SALEthen SUPPLIER and DISTRIBUTOR shall agree to a decrease to DISTRIBUTOR's Sales Commitments. If SUPPLIER and DISTRIBUTOR cannot reach such agreement, MATERIALSthen this Agreement shall terminate. For Pre-Commercial Units, SOLAR POWER SYSTEMSUPPLIER will provide DISTRIBUTOR with the option of purchasing an extension to the initial warranty period. Such additional warranty period will be for [***] beyond the termination of the initial warranty period, JOBand SUPPLIER will provide a firm price no later than October 1, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES1999. THE LIMITED WARRANTIES SUPERSEDE AND SET FORTH IN THIS SECTION 7 ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WARRANTIES, WHETHER EXPRESSED ORAL, WRITTEN, EXPRESS, OR IMPLIED, INCLUDING, INCLUDING WITHOUT LIMITATION, LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereinSUPPLIER'S WARRANTY OBLIGATIONS AND DISTRIBUTOR'S REMEDIES UNDER THIS SECTION 7 (EXCEPT AS TO TITLE) ARE SOLELY AND EXCLUSIVELY AS STATED HEREIN.

Warranties. Seller 16.1 Acres warrants that upon receipt from execution of this agreement until the end of the Final PaymentWarranty Period, title the Software and the Hardware will be free from defects and in good working order. In the event of a defect in the Software or the Hardware, Acres will promptly restore the Software or the Hardware to good working condition by adjustment, repair or replacement, at Acres' option. Acres shall pay any shipping expenses necessary to undertake such adjustment, repair or replacement and return the Equipment shall pass Hardware or Hardware to Purchaser free and clear not withstanding Crown. In addition to any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal useother warranty, as defined belowexpress or implied in this agreement, with the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured Acres warrants that from the original date execution of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components this agreement until the end of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty in the event that: Warranty Period: (a) Acres has or will immediately procure the Equipment has been subject requisite technology, skill/personnel and ability sufficient to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault of Seller; enable it to perform its obligations under this agreement; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller Hardware will at all times and for use in combination or connection all purposes relevant to this agreement conform with the equipment; samples agreed to by Crown as specified in the Time Line and comply with the Functional Specification and Crown's instructions as to physical design and appearance. (c) installation, repair, replacement of parts, adjustment, service , or other work on the Equipment Hardware is performed suitable for normal use as reasonably contemplated by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Seller; Crowx; (d) Purchaser has not provided electrical service conforming to applicable electrical codesthe Acres Component and all items purchased under this agreement shall be free from material defects, including a dedicated line for power supply shall be properly installed and appropriate polarization and grounding shall perform in accordance with Seller’s specifications, or the Functional Specification; (e) Purchaser fails the Associated Documentation contains sufficient information to perform timely operating maintenance as specified enable Crown to use and maintain the Software; (f) any replacement software (excluding upgrades) provided in Seller’s Operator’s Manual. Repairs or replacements qualifying accordance with the terms of this agreement shall satisfy the warranties contained in this agreement; (g) the Acres Component will be of merchantable quality and will be fit for purpose and shall otherwise be delivered and installed without any material defects in material and workmanship; (h) the Acres Component will be Year 2000 Compliant; (i) the Acres Component and all items purchased under this warranty agreement will comply, in all respects, with the Functional Specification; 16.2 Any unauthorised modification, alteration or revision of all or a portion of the Software or Hardware shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during cause the stated warranty period. Normal Use for any Equipment is deemed warranties described in this clause to be continuousnull and void. 16.3 Except as specifically provided in this agreement, there are no other warranties, express or implied. Purchaser agrees Acres acknowledges that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority the warranties in this clause 16 do not affect the operation of the warranties given by Acres in clauses 14 and 17 and those warranties shall continue to give warranties or guarantees beyond those provided hereinapply after the expiration of the Warranty Period.

Warranties. Seller In addition to all other warranties, express or implied in law, Supplier warrants that upon receipt all products delivered hereunder shall be merchantable, free from defects in workmanship and materials, and shall strictly conform to applicable specifications including performance specifications, drawings and approved samples, if any, and will be fit and sufficient for the purposes intended, and, if of Supplier's design, will be free from design defects. Supplier further warrants that all products shall be in conformance with the most current standards established by the Occupational Safety and Health Act of 1970 and the Consumer Product Safety Act of 1972 as amended. All warranties including service warranties and guarantees shall run to ACA, its customers and subsequent owners of the Final Paymentproducts or end products of which they are a part. In the event of a breach hereunder, title ACA may require that the products be repaired or replaced by Supplier, or ACA may return all or some of the products to Supplier for refund or ACA may retain the Equipment products. In the event ACA retains the products, the price of this Purchase Order shall pass be equitably reduced. ACA may replace such products with similar products and charge the Supplier the cost occasioned to Purchaser free ACA thereby. ACA shall also have the option to perform or have performed by others the necessary repairs and clear not withstanding charge the cost of such repairs to Supplier. Transportation charges to and from Supplier's plant and other incidental expenses and responsibility for defective products while in transit shall be borne by Supplier. In the event of a breach of any lender(s) executed securitization of noted the warranties herein provided or of any warranties express or implied in law, Supplier agrees to pay and indemnify ACA, its customers or subsequent owners for all liability, loss, costs and expenses resulting from such breach including the cost of tests performed by ACA in determining whether a breach has occurred, and all Equipmentcosts of disassembly and reassembly, attorney's fees and costs of litigation. Seller The rights and remedies of ACA herein provided shall provide Purchaser under normal usenot be construed to negate, as defined below, with the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty in the event that: (a) the Equipment has been subject to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault of Seller; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service replace, or other work on the Equipment is performed limit, but shall be additional to any rights of ACA as a result of breach of warranty by PurchaserSupplier by virtue of any applicable laws or regulations. All warranties shall be construed as conditions as well as promises and shall not be deemed to be exclusive. Except for latent defects, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specificationsfraud, or (e) Purchaser fails gross mistake amounting to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under fraud, the term of this warranty shall be performed on regularly business days twelve (12) months after delivery to and during Seller’s regular business hours within a reasonable time following Purchaser’s requestacceptance by ACA's customer or twenty-four (24) months after delivery to and acceptance by ACA, whichever first occurs. All requests for Any products corrected or furnished in replacement by Supplier pursuant to this paragraph shall also be subject to all the provisions of this paragraph to the same extent as products initially delivered. The warranty fulfillment must with respect to such products shall be made during equal in duration to that herein set forth and shall run from the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties date of delivery and acceptance by ACA of such corrected or guarantees beyond those provided hereinreplaced products.

Warranties. Seller warrants that upon receipt DEBTOR ACKNOWLEDGES THAT SECURED PARTY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, IN RESPECT OF THE EQUIPMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE. Secured Party shall not be liable to Debtor for any loss, damage or expense of any kind or nature caused, directly or indirectly, by any Equipment secured hereunder or the use or maintenance thereof or the failure of operation thereof, or the repair, service or adjustment thereof, or by any delay or failure to provide any such maintenance, repairs, service or adjustment, or by any interruption of service or loss of use thereof or for any loss of business howsoever caused. The Equipment shall be shipped directly to Debtor by the supplier thereof and Debtor agrees to accept such delivery. No defect or unfitness of the Final PaymentEquipment, title to nor any failure or delay on the part of the manufacturer or the shipper of the Equipment to deliver the Equipment or any part thereof to Debtor, shall pass to Purchaser free and clear not withstanding any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal use, as defined below, with the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components relieve Debtor of the solar system in addition obligation to repairs to portions of roofs directly affected by pay the installation of the solar systemTime Balance or any other obligation under this Agreement. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller Secured Party shall have no obligation under this warranty Agreement in the event that: (a) respect of the Equipment has been subject and shall have no obligation to abuseinstall, improper applicationerect, alterationtest, accident adjust or negligence service the Equipment. Secured Party agrees, so long as there shall not have occurred or be continuing any Event of Default hereunder or event which with lapse of time or notice, or both, might become an Event of Default hereunder, that Secured Party will permit Debtor to enforce in use, storage, transportation Debtor's own name at Debtor's sole expense any supplier's or handling, and such actions manufacturer's warranty or occurrences are not the fault agreement in respect of Seller; (b) the Equipment to the extent that such warranty or agreement is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereinassignable.

Warranties. Seller warrants that upon receipt Products are sold only with such warranties as may be extended by the manufacturer of the Final Paymentproduct. Services provided by third parties are subject only to those warranties extended by such third parties. However, title to Seller does not adopt, guarantee or represent that the Equipment shall pass to Purchaser free and clear not withstanding manufacturer or third party service provider will comply with any lender(s) executed securitization of noted any and all Equipmentthe terms of warranty of such manufacturer or third party service provider. Seller shall provide Purchaser under normal use, as defined below, with the limited manufacturer's warranties XXX MAKES NO WARRANTY AND ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS ARE HEREBY EXCLUDED. Buyer is responsible for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval use in accordance with manufacturer’s instructions. NIS personnel are not authorized to use from Local Township or Utility whichever occurs first for parts and laboralter this policy. SELLER SHALL NOT BE LIABLE TO BUYER, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar systemOR TO ANYONE CLAIMING UNDER BUYER, FOR ANY OTHER OBLIGATIONS OR LIABILITIES, INCLUDING, BUT NOT LIMITED TO, OBLIGATIONS OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORT OR ANY THEORY OF STRICT LIABILITY, WITH RESPECT TO THE PRODUCTS OR SELLER'S ACTS OR OMISSIONS OR OTHERWISE. Pre-existing conditions IN NO EVENT SHALL SELLER BE LIABLE FOR INCIDENTAL, COMPENSATORY, PUNITIVE, CONSEQUENTIAL, INDIRECT, SPECIAL OR OTHER DAMAGES including but not limited to Structural loss of revenue or profits, loss of use of goods or products, cost of capital, cost of substitute products, facilities or services, downtime costs, cost of field service travel and Electrical defects are not includedexpenses, labor, inspection, removal or installation of new products or parts or normal maintenance, or claims of customers of Buyer for such claim. If Purchaser does not make payment in full as provided in Any assistance Seller provides to or procures for Buyer outside the terms, limitations or exclusions of this agreement including any change orders agreement. Any oral or extras caused by unforeseen or concealed conditions or requests written description of the PurchaserProducts is for the sole purpose of identifying the Products and shall not be construed as an express warranty. Prior to using or permitting use of the Products, Buyer shall determine the suitability of the Products for the intended use and Buyer shall assume all warranties will be considered suspended risk and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty liability whatsoever in the event that: (a) the Equipment has been subject to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault of Seller; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereintherewith.

Warranties. In addition to any warranties otherwise set forth in the Contract, Seller expressly warrants that upon receipt all Products and Services will be free from any liens, encumbrances and rights of the Final Paymentthird parties, title will conform to the Equipment shall pass any specifications, drawings, samples or descriptions furnished to Purchaser free and clear not withstanding any lender(s) executed securitization of noted any Seller by Buyer, all U.S. industry standards, and all Equipmentlaws, regulations and other governmental requirements in force in countries where Products or products equipped with such Products or Services are to be installed or sold, and will be merchantable, of good material and workmanship and free from defects. In addition, Seller shall provide Purchaser under normal use, as defined below, with the limited manufacturer's warranties acknowledges that Seller knows of Xxxxx’s intended use for the solar modules, inverters Products and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation Services and subsequent approval to use from Local Township or Utility whichever occurs first for parts expressly warrants that all Products and labor, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties Services will be considered suspended fit and non-enforceable until full payment is received from sufficient for the Purchaserparticular purpose intended by Buyer, including, without limitation, the specified performance in the component, system, and/or subsystem specified by Buyer and the environment in which the Products are or reasonably may be expected to perform. Seller shall have no obligation The warranties under this warranty in Section shall be effective for the event that: longer of (a) the Equipment has been subject to abuseperiod provided by applicable law, improper applicationregulation or other governmental requirement, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault of Seller; (b) the Equipment is used warranty period provided by Buyer to its Customers; provided, however, in combination the case of any recall campaign or connection with other equipmentcustomer satisfaction or corrective service action undertaken by Buyer or its Customers, attachments not approved in writing the warranty will continue for such time period as may be dictated by Buyer’s Customer or the federal, state, local or foreign government where the Products are used. Seller shall repair any defects during the applicable warranty period at Seller’s cost and expense (including, without limitation, for use in combination or connection with the equipment; (c) installation, repair, replacement of all parts, adjustmentlabor and transportation costs) immediately after being notified of any such defect or defects by Buyer. THE WARRANTIES AND REMEDIES CONTAINED IN THIS CONTRACT SUPPLEMENT THE WARRANTIES AND REMEDIES PROVIDED BY THE UNIFORM COMMERCIAL CODE AND SHALL NOT BE DISCLAIMED OR LIMITED IN ANY WAY. All warranties contained in this Contract shall run, service and all remedies shall be available to, Buyer and Buyer’s affiliates, successors, subsidiaries, Customers and any other users of the Products or Services or products equipped with such Products or Services and all such warranties shall survive any delivery of Products or provision of Services, or other work on the Equipment is performed by Purchaser, Purchaser’s customers inspection or any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specificationsacceptance of such Products or Services, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICESpayment therefor, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereinby Buyer.

Warranties. Seller 7.1 Unless otherwise stated in the Order Form or provided by the manufacturer of the Equipment, HKBNES warrants that upon receipt in respect of Equipment sold and installed and any cabling works performed at the Final Paymentdate of such installation, title to the Equipment shall pass to Purchaser they will be free and clear not withstanding any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser from defects in material and/or workmanship under normal use, as defined below, with the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no HKBNES’s sole obligation under this warranty in the event that: (a) the Equipment has been subject to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault of Seller; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall be performed on regularly business to repair or at its option, replace free of charge any such articles or parts thereof which, within 30 days from the date of original installation, shall have been promptly reported by the Customer to HKBNES as defective in material or workmanship, and, upon investigation by HKBNES, shall be determined to have been so defective. This warranty does not extend to any article that has been subjected to misuse, neglect, or accident or which have been altered or repaired, other than by HKBNES, or if the defect is due to the failure of the Customer to prepare and maintain the installation site in accordance with the site specifications provided by HKBNES. Repair and replacement under this warranty will be provided during SellerHKBNES’s regular business normal working hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during which are Monday to Friday between the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that hours of 9 a.m. and 5 p.m., excluding in each case, public holidays. 7.2 EXCEPT FOR WARRANTY OF TITLE, THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S SET FORTH IN PARAGRAPH 7.1 ARE EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED WARRANTIES, EXPRESS OR IMPLIED, INCLUDINGORAL OR WRITTEN OR STATUTORY OR OTHERWISE ARISING BY OPERATION OF LAW INCLUDING BUT WITHOUT LIMITING THE FOREGOING, WITHOUT LIMITATION, WARRANTIES ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR OF MERCHANTABILITY. Seller’s agents Accordingly, except for the obligations set forth in paragraph 7.1, HKBNES shall have no authority to give warranties obligations or guarantees beyond those provided hereinliabilities under the Agreement, or otherwise, connected with or resulting from, the sale, installation, repair or use of any Equipment or any cabling or other materials sold and or supplied under the Agreement.

Warranties. Seller warrants that upon receipt of the Final Payment, title A. With respect to the Equipment shall pass to Purchaser free and clear not withstanding any lender(s) executed securitization of noted any and all Equipmentequipment obtained from third parties by Fabricator and incorporated in the Work, Fabricator hereby transfers to H&P, to whatever extent Fabricator can legally do so, all warranties and guarantees made by the manufacturers thereon and Fabricator’s vendors and suppliers thereof, and such transfers (to be evidenced by additional instruments that H&P may reasonably require) shall constitute full performance by Fabricator of Fabricator’s obligations with regard to such equipment, all other responsibility and any warranty on the part of Fabricator in connection therewith being expressly excluded and negated. Seller Fabricator will use all reasonable efforts and will cooperate with H&P in order to enforce any claims against manufacturer’s defects or under warranties that may occur. Notwithstanding the foregoing, Fabricator warrants that the Work will be fabricated and completed in strict accordance with the Contract. Fabricator shall provide Purchaser under normal useobtain a one-year transferable written warranty which shall warrant that all steel included in the Work shall be free of defects. Such warranty shall be fully transferable to H&P without cost to H&P. B. Fabricator will be responsible for (i) faulty or defective material or workmanship, and (ii) all materials, equipment and workmanship that does not meet the specifications described in this Contract (including Annex 1 attached hereto) and furnished by Fabricator or its subcontractors or representatives (but subject to the exclusions and limitations of Fabricator’s responsibility set forth in Paragraph A above). Fabricator will warrant the items described in 14B(i) and (ii) for a period of 360 days from the date that the Work is accepted by H&P. In the event that written notice to Fabricator of a claim against the warranties specified in this Paragraph 14B is sent within such 360-day period, then such notice shall constitute the proper filing of a warranty claim by H&P. Fabricator reserves the right to inspect and verify the nature of the warranty claim at its sole cost and expense, before any action is taken. Such verification shall be undertaken within seventy-two (72) hours of receipt of such claim. H&P’s commitment to a seventy-two (72) hour delay is, however, subject to such delay not prejudicing H&P in its contractual relationship with and obligations to the Operator of the rig. H&P may require Fabricator to make repairs or replacements at the rig location where the Work is located. If, in H&P’s judgment, the repairs cannot be reasonably effected at said rig location, then Fabricator will make repairs or replacements (as defined belowmay be appropriate) at one of its yard facilities located at Buna, Bridge City, Orange, Nederland or Vidor, Texas, with the limited manufacturer's warranties for expense of transporting the solar modulesRig and/or rig components to or from said yard to be borne by H&P. H&P may have such repairs or replacements made elsewhere if H&P deems necessary, inverters but shall consult in advance with Fabricator before making the same, and racking. Seller Fabricator shall also provide Purchaser with a five (5) year limited system warranty as measured pay the cost of such repairs or replacements no later than 15 days from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar systemH&P’s invoice therefore. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller Fabricator shall have no obligation under responsibility whatsoever with respect to any defective or faulty workmanship not reported in writing to Fabricator within said three hundred sixty (360) day period; deficiencies reported after said three hundred sixty (360) day period shall be the exclusive responsibility of H&P. Fabricator makes no warranties or representations whatsoever other than those expressly set forth in this warranty in the event that: (a) the Equipment has been subject to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handlingContract, and such actions or occurrences any other warranties, which might otherwise be implied, are not the fault of Seller; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been hereby expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply excluded and appropriate polarization and grounding in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereinnegated.

Warranties. Seller 7.1. THI warrants that upon receipt for a period of ninety (90) days from the Final Paymentdate of installation, title to the Equipment shall pass to Purchaser free and clear not withstanding any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal useTIRS Software, as defined belowwhen properly used, will operate substantially in accordance with the limited manufacturerspecifications contained in its documentation. THI's warranties for the solar modules, inverters entire liability and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation Licensee's exclusive remedy under this warranty shall be that THI will use reasonable commercial efforts to correct, provide a workaround for, or replace malfunctions in the event that: TIRS Software, at THI's cost and expense, provided that written notice itemizing the malfunctions is given to THI during the warranty period. 7.2. The warranty set forth above shall not apply to the degree that the malfunction occurs because (a) the Equipment affected TIRS Software has not been subject to abuse, improper application, alteration, accident or negligence used in use, storage, transportation or handling, and such actions or occurrences are not accordance with the fault of SellerTIRS documentation; (b) the Equipment is used in combination affected TIRS Software has been altered, modified or connection with other equipment, attachments not approved in writing converted by Seller for use in combination or connection with License without the equipmentprior written approval of THI; (c) installationof the malfunctioning of Licensee's hardware or software THI shall not be required to respond to a warranty claim hereunder to the extent that Licensee has not timely paid amounts due and owing to THI under this Agreement. THI does not warrant that TIRS Software will operate uninterrupted or error free, repair, replacement of parts, adjustment, service that the functions contained in the TIRS Software will operate in combination with other software or hardware selected by Licensee, or other work on that the Equipment TIRS Software will meet Licensee's requirements. 7.3. THI does not warrant that TIRS Software will operate in the event of any Force Majeure Condition (as defined in Section 12.4). Licensee is performed by Purchasersolely responsible for establishing its own disaster recovery plan. 7.4. EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES SET FORTH ABOVE, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Seller; THE TIRS SOFTWARE (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE INCLUDING ANY MODULES OR COMPONENTS LICENSED BY THI AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION PROVIDED WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIESTIRS SOFTWARE) IS BEING PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU PARTIES DISCLAIM ANY OTHER REPRESENTATION OR WARRANTY OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED ANY KIND, EXPRESS OR IMPLIED, INCLUDINGORAL OR WRITTEN, INCLUDING WITHOUT LIMITATION, LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND TITLE OR NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, INTEGRATION, VALIDITY, EXCLUSIVITY, MERCHANTABILITY, NON-INTERFERENCE WITH ENJOYMENT, FITNESS FOR ANY PARTICULAR PURPOSE, AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. 7.5. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereinTHE WARRANTIES SET FORTH IN THIS SECTION 7 ARE EXPRESSLY SUBJECT TO THE LIMITATIONS OF SECTION 11 (LIMITATION OF LIABILITY).

Warranties. Seller 10.1 SCEE represents and warrants solely for the benefit of Publisher that SCEE has the right, power and authority to enter into, and fully to perform its obligations under, this Agreement. 10.2 SCEE warrants that upon receipt units of the Final Payment, title PlayStation 2 Discs comprising Licensed Products manufactured by SCEE for Publisher pursuant to the Equipment Clause 6 hereof shall pass to Purchaser be free from defects in materials and clear not withstanding any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser workmanship under normal use, as defined below, with the limited manufacturer's warranties for the solar modules, inverters use and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date service at time of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty in the event that: (a) the Equipment has been subject to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault of Seller; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding delivery in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s ManualClause 6.6. Repairs or replacements qualifying The sole obligation of SCEE under this warranty shall be performed on regularly business days be, for a period of **** from the date of delivery of such discs in accordance with Clause 6.6, at SCEE’s election, either (i) to replace such defective discs or (ii) to issue credit for, or to refund to Publisher the Platform Charge of such defective discs (excluding PlayStation 2 Disc mastering charge) and to reimburse Publisher its reasonable return shipping costs. Such warranty is the only warranty applicable to Licensed Products manufactured by SCEE for Publisher pursuant to Clause 6. This warranty shall not apply to damage resulting from accident, fair wear and tear, wilful damage, alteration, negligence, abnormal conditions of use, failure to follow directions for use (whether given in instruction manuals or otherwise howsoever) or misuse of Licensed Products, or to discs comprising less than **** [or, if greater, **** units] in the aggregate of the total number of Licensed Products manufactured by SCEE for Publisher per purchase order of any PlayStation 2 format Software title. If, during Seller’s regular business hours within such **** period, defects appear as aforesaid, Publisher shall notify SCEE and, upon request by SCEE (but not otherwise), return such defective discs, with a reasonable time following Purchaser’s requestwritten description of the defect claimed, to such location as SCEE shall designate. SCEE shall not accept for replacement, credit or refund as aforesaid any Licensed Products except factory defective discs (i.e. discs that are not free from defects in materials and workmanship under normal use and service). All requests returns of defective discs shall be subject to prior written authorisation by SCEE, not unreasonably to be withheld. If no defect exists or the defect is not such as to be covered under the above warranty, Publisher shall reimburse SCEE for warranty fulfillment must expenses incurred in processing and analysing the discs. * Confidential portion omitted and filed separately with the Securities and Exchange Commission. 10.3 Publisher represents, warrants, covenants and agrees that: (i) Publisher has the right, power and authority to enter into, and fully to perform its obligations under, this Agreement; (ii) the making of this Agreement by Publisher does not violate any separate agreement, rights or obligations existing between Publisher and any other person, firm, corporation or entity, and, throughout the Term, Publisher shall not make any separate agreement with any person or entity which is inconsistent with any of the provisions hereof; (iii) both Licensed Developer Software and PlayStation 2 format Software, and any name, designation or title used in conjunction therewith, shall be free from any valid third party claim of infringement of any Third Party Intellectual Property Rights; (iv) there is no litigation, proceeding or claim pending or threatened against Publisher or any subsidiary or affiliate of Publisher which may materially affect Publisher’s rights in and to Licensed Developer Software, the names, designations or titles used in conjunction therewith, the works and performances embodied therein and/or the copyrights pertaining thereto; (v) Publisher shall have made or shall make any and all payments required to be made to any person, firm, corporation or other entity, or to any body or group representing authors or participants in the production of the works or performances embodied in Licensed Developer Software and PlayStation 2 format Software, or to publishers or other persons having legal or contractual rights of any kind to participate in any income arising in respect of the exploitation of such works or performances; (vi) neither Publisher nor any subsidiary or affiliate of Publisher shall make any representation or give any warranty to any person or entity expressly or impliedly on Sony’s behalf, or to the effect that Licensed Products are connected in any way with Sony (other than that Licensed Products have been developed, marketed, manufactured, sold and/or distributed under licence from Sony); (vii) PlayStation 2 format Software shall be distributed by Publisher solely in the form of Licensed Product; (viii) each Licensed Product shall be marketed, sold and distributed in an ethical manner and in accordance with all applicable laws and regulations; and (ix) Publisher’s policies and practices with respect to the marketing, sale and/or distribution of Licensed Products shall in no manner reflect adversely upon the name, reputation or goodwill of Sony. 10.4 Further, Publisher represents, warrants, covenants and agrees that neither Publisher nor any parent company, subsidiary or affiliate of Publisher shall during the stated warranty periodTerm, whether for itself or for the benefit of any other person, firm, corporation or entity, whether by itself or by its officers, employees or agents, directly or indirectly, induce or seek to induce, on an individually targeted basis, the employment of, or the engagement of the services of, any Relevant Employee. Normal Use For these purposes “Relevant Employee” shall mean and include any employee of SCEE or of any subsidiary of SCEE (or any of their subsidiaries or branch offices outside the United Kingdom), the services of which employee are (a) specifically engaged in product development (or directly related) functions or (b) otherwise reasonably deemed by his/her employer to be of material importance to the protection of its legitimate business interests, and with which employee Publisher (or any parent company, subsidiary or affiliate of Publisher) shall have had contact or dealings during the Term. The foregoing provisions shall continue to apply for a period of **** following expiry or earlier termination of the Term and are hereby deemed substituted for any Equipment is deemed corresponding provisions in any agreement(s) previously entered into between the parties hereto in relation to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SellerPlayStation 2 and/or to Sony’s agents have no authority to give warranties or guarantees beyond those provided herein“PlayStation” predecessor video entertainment system.

Warranties. Seller In addition to the warranties of SUPPLIER set forth in this Agreement and in the Continuing Guaranty which is attached hereto as Exhibit B, SUPPLIER warrants that upon receipt of the Final Payment, title Products will conform to the specifications set forth in SUPPLIER's product literature and Exhibit C (SUPPLIER TERMS AND WARRANTY); that they will comply and be manufactured, packaged, sterilized (if applicable), labeled and shipped by SUPPLIER in * Confidential Treatment Requested compliance with all applicable federal, state and local laws, orders, regulations and standards; and that they will be merchantable and fit for their intended purpose. All Products shall include SUPPLIER's warranty statement containing the customer's warranty. All SUPPLIER Equipment shall pass be warranted to Purchaser free DISTRIBUTOR's customer against defects in materials and clear not withstanding any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal useworkmanship, as defined below, with the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for including parts and labor, on all components under normal use for a period of two (2) year(s). All SUPPLIER Accessories and Electrodes shall be warranted to DISTRIBUTOR's customer against defects in materials and workmanship, including parts and labor, under normal use for a period of ninety (90) days. SUPPLIER warrants that the Products have been thoroughly tested before shipment and that, if applicable, they are free of mechanical and electrical defects. The warranty period becomes effective at the earlier of installation or fifteen (15) days from date of shipment to the DISTRIBUTOR's customer. DISTRIBUTOR shall request customers to present reasonably acceptable documentation verifying the effective warranty date. SUPPLIER will develop a Service Plan within 90 days of the solar system in addition effective date of this agreement and will communicate this plan to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not includedDISTRIBUTOR. If Purchaser does not make payment in full as provided in this agreement including plan involves any change orders repairs or extras caused service by unforeseen or concealed conditions or requests of Fishxx Xxxvice Division ("FSD"), SUPPLIER will provide at no charge the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty in the event that: (a) the Equipment has been subject to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault of Seller; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereinnecessary training.

Warranties. Seller (a) CHROMAVISION warrants that upon receipt the Instrument(s) which are the subject of either 510(k) premarket notifications or PMA have not been significantly changed or modified in design, components, method of manufacture or intended use from the Instrument(s) as described in those 510(k) premarket notifications or PMA, and will notify Sigma in advance of any changes that require submission of a new 510(k) premarket notification or PMA supplement. (b) CHROMAVISION warrants that all Instruments manufactured and supplied under this Agreement shall at the time of shipment meet the Quality Specifications. CHROMAVISION further warrants that prior to shipment to SIGMA, all of its standard tests and quality control procedures have been carried out in relation to each Instrument with satisfactory results. (c) Upon its verification of any claim of defect or nonconformity of any unit of the Final PaymentInstrument arising out of a fault or omission attributable to CHROMAVISION during the Warranty Period, title CHROMAVISION will provide SIGMA with a replacement unit or part to the Equipment shall pass extent necessary to Purchaser free and clear not withstanding any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal use, as defined below, with the limited manufacturerhonor CHROMAVISION's warranties for the solar modulesreferred to in Paragraph 10(j), inverters or make good any shortages or non-completed deliveries and racking. Seller shall also provide Purchaser with a five pay all associated freight and insurance associated therewith. (5d) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full Except as provided in paragraph 18 hereof, CHROMAVISION's liability under any legal or equitable theory to any person with respect to the Instrument and/or the relationship described in this agreement including any change orders Agreement shall be limited to the repair or extras caused by unforeseen or concealed conditions or requests replacement of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty in the event that: (a) the Equipment has been subject to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault of Seller; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing Instrument as contemplated by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specifications, or Paragraph 10(j). (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs As of the date hereof, CHROMAVISION warrants that it has no knowledge that the manufacture, use or replacements qualifying sale of all or any of the Instruments under this warranty Agreement, nor any method of using such Instruments infringes on any patent or other intellectual property right of a third party. CHROMAVISION further warrants that there are no unresolved controversies between CHROMAVISION and any third party alleging that the manufacture, use or sale of any such Instrument does or would infringe any patent or other intellectual property except for the claim of IDEA Research which is referred to in the Company's Prospectus dated July 1, 1997. CHROMAVISION shall be performed disclose to SIGMA all information of which it is or becomes aware relating to the infringement of patent or other intellectual property rights of others resulting from the manufacture, marketing or use of the Instrument with the Kit and will notify SIGMA of all claims of such infringement. Except as warranted in this Paragraph 15, CHROMAVISION makes no representations or warranties, express or implied, and SIGMA is not authorized to make any representations or warranties to its customers on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereinbehalf of CHROMAVISION.

Warranties. Seller ‌ a) Contractor represents and warrants that the System shall conform to the terms and conditions of this Contract and the Specifications, and be free from defects in material and workmanship upon receipt the Acceptance Date of the Final PaymentSystem by the Department and through the Warranty Period and any period for which the Department has purchased maintenance and support for the System. b) Additionally, title during the Warranty Period for the System and any period for which the Department has purchased maintenance and support, Contractor shall modify, adjust, repair and/or replace such Deliverable(s), at no charge to the Equipment shall pass to Purchaser free and clear not withstanding any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal useDepartment, as defined below, with necessary to maintain ongoing System reliability according to Section 11. c) If the limited manufacturer's warranties for the solar modules, inverters ongoing Performance of Contractor’s maintenance and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components support of the solar system System or the performance of the System do not conform to Section 11, the DAS shall give Contractor written notice of performance deficiencies. Contractor shall then have not more than a thirty (30) calendar day period, unless otherwise permitted by the Department, to correct the applicable deficiency and restore the functioning of the System to a level of operation that meets the requirements of this Contract. d) In the event of a material default by the Contractor under the subsection above, in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as any other rights or remedies provided in this agreement including any change orders or extras caused Contract, DAS may, by unforeseen or concealed conditions or requests written notice to Contractor, terminate this Contract. In event of such termination, if the Purchasermaterial default is such that the System cannot conform to the requirements of Section 11, the Contractor shall reimburse the Department all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty monies paid by Department to Contractor in the event that: (a) the Equipment has been subject to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault of Seller; (b) the Equipment is used in combination or connection with other equipmentExhibit 2 or Statement of Work, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installationwhichever is applicable, repair, replacement of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specificationsthis section. e) If the ongoing performance of the Deliverable does not conform to the Specifications on the Acceptance Date for such Deliverable and the System consequently fails to conform to the Section 11 provisions of this Contract, Department shall give Contractor written notice of performance deficiencies. Contractor shall then have a thirty (30) calendar day period, unless otherwise permitted by the Department, to correct such deficiency. If said performance thereafter continues to be in nonconformance with said Section 11, the Contractor shall be in material default of this Contract and DAS, at its option, may thereupon take any one or more of the following actions: 1. if the Warranty Period has not expired, terminate this Contract; 2. Require Contractor replace said Deliverable at Contractor's expense with a functional Deliverable or competent Service; 3. Terminate the Deliverable license or service without fee or charge to the Department, or (e) Purchaser fails further obligation or financial liability. In the event of such termination, the Contractor shall refund to perform timely operating the Department all monies paid to the Contractor, no later than 30 days after termination equal to the pro-rata amount of the maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests support fees for warranty fulfillment must be made during the stated warranty period. Normal Use Furthermore, if the Warranty period has not expired, Contractor shall reimburse the Department 100% of license fee paid. f) The Contractor neither excludes nor modifies the implied warranties of merchantability and fitness for a particular purpose concerning the Deliverables offered under the terms and conditions of this Contract. g) Notwithstanding any Equipment is deemed provision in this Contract, following the expiration of the Warranty Period, if the Department opts to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICESnot purchase maintenance and support for the System, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have Contractor makes no authority to give warranties or guarantees beyond those provided hereinrepresentations with respect to the accuracy and reliability of the information contained in the System.

Warranties. Seller warrants that upon receipt all goods sold will be free of the Final Payment, any claims of any nature and by any third person and that Seller shall convey clear title to the Equipment shall pass to Purchaser free and clear not withstanding any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal use, as defined below, with the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller further warrants that the Products supplied by Seller to Purchaser shall have no obligation under this warranty perform in the event that: accordance with agreed upon specifications and shall be free from defects (a) in materials and workmanship, whatever the Equipment has been subject to abuseorigin, improper application, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault of Seller; (b) in design having regard to the Equipment is used in combination state of the art at the time of the order and including defects arising from the choice of materials and / or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipmentTHE SYMBOL "[*]" IS USED TO INDICATE THAT A PORTION OF THE EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. parts; (c) installation, repair, replacement of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Sellermanufacturing process; and (d) arising from non-suitability for the use for which it was intended. This warranty shall take effect from the date of acceptance of the Products by Purchaser has not provided electrical service conforming and shall remain in force until the earliest of the following to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding occur: (i) the gas turbine in accordance with Seller’s specifications, which the Products have been installed achieve 8000 operating hours; (ii) forty eight months from Start-Up; or (eiii) Purchaser fails sixty (60) months after the delivery of the Products to perform timely operating maintenance as specified Purchaser. Start-Up means the time when the equipment installation is complete and the gas turbine in Seller’s Operator’s Manualwhich the Product has been installed is first synchronized to the grid. Repairs or replacements qualifying under Purchaser's sole remedy in the event of any breach of this warranty shall, at Seller's option, be the replacement or repair in a timely fashion of the defective Product. Seller shall make replacement Products available and pay transportation, taxes, custom duties and insurance to the site where the gas turbine is located. Any repaired or replaced Product shall be performed on regularly business days and during warranted for 8000 operating hours, provided that in no event shall Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for 's warranty fulfillment must be made during obligation extend beyond seventy two (72) months from the stated warranty period. Normal Use for any Equipment is deemed to be continuousdelivery of the initial Product. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICESshall notify Seller of obvious defects within sixty (60) days of delivery and of latent defects within thirty (30) days of discovery. The warranties set forth in this section shall not apply to any claims, SALEproblems or defects which are the result of normal wear and tear, MATERIALSmishandling, SOLAR POWER SYSTEMmisuse, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIESneglect or improper testing and repair by other than CCSI or its authorized representatives. THE LIMITED EXPRESS WARRANTIES SUPERSEDE AND PROVIDED HEREIN ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, INCLUDING WITHOUT LIMITATION, WARRANTIES ANY WARRANTY OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided herein, AND ALL OTHER WARRANTIES ARE HEREBY DISCLAIMED AND EXCLUDED BY SELLER.

Warranties. Seller warrants that upon receipt The following are the sole and exclusive warranties of Builder in connection with the Final PaymentProject: a) All material is guaranteed to be as specified, title and the work to be performed in accordance with the Equipment shall pass Project invoices submitted for the above work and completed in a substantially workmanlike manner. b) Builder agrees to Purchaser free and clear not withstanding any lender(s) executed securitization of noted promptly make good, without cost to Owner, any and all Equipment. Seller shall provide Purchaser under normal use, defects due to faulty workmanship (as defined below, with the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five determined by Builder) which may appear within one (51) year limited system warranty as measured from the original date of installation completion and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components acceptance of the solar system work by Owner, provided that the Owner is not in addition breach of this Agreement, including having paid all amounts owed hereunder, in full. This limited warranty is the only express warranty provided by Builder. c) Any implied warranty of habitability extends only to repairs the conditions of the Project at the time of completion and does not extend to portions any conditions not known or under the control of roofs directly affected the Builder at the time of commencement of the Project or to any defect caused by conditions occurring subsequent to the completion of the Project. d) The only warranty for appliances installed by Builder is limited to the warranty provided by the installation appliance manufacturer, if any, and to the extent assignable. e) Cosmetic imperfections and natural tendencies of wood such as peeling, splintering, warping, seasonal wood checking (wood checking is a natural occurrence that develops over time during the solar systemdrying process. Pre-existing conditions including but It is accounted for in engineering calculations when sizing timbers) or cracking, knot holes, etc. are normal characteristics and are excluded from any coverage under the warranty hereunder. Photo showing an example of “wood checking”: f) The conditions/effect of Efflorescence on pavers is explained and depicted in Exhibit C and is not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty in the event that: (a) the Equipment has been an industry defect subject to abuseany warranty. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 13, improper applicationBUILDER MAKES NO OTHER WARRANTY, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault of Seller; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY EXPRESS OR IMPLIED WITH RESPECT TO THE SERVICESPROJECT, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, INCLUDING WITHOUT LIMITATION, LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided herein, AND SUCH IMPLIED WARRANTIES ARE HEREBY DISCLAIMED.

Warranties. Seller A C A. In addition to any other warranties of Vendor applicable to the equipment, Vendor warrants that upon receipt it will maintain the equipment, both during the warranty period and thereafter for the duration of this Agreement, in such a manner so that the equipment shall be ninety-five percent (95%) operationally available. For purpose of this section, “operational availability” is defined as “the time the system/subsystem, for which the equipment specified in any Purchase Order hereto was purchased, is available to the users to do useful work.” Percentage of operational availability (“OA”) as so defined shall be determined by application of the Final Payment, title formula OA where A = the hours of the Call Window during the given month. B = the hours in that month during which the system/subsystem is unavailable to the Equipment shall pass user to Purchaser free and clear not withstanding any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal usedo useful work, as defined below, with the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with due to a five Vendor- supplied hardware malfunction (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components time Vendor is notified of the solar system in addition to repairs to portions problem until the time repair is completed, provided such notification is received during the hours of roofs directly affected contract coverage). C = scheduled Preventive Maintenance for that month. If PM is scheduled by mutual agreement of Vendor and Customer but the system/subsystem is not released by the installation Customer, than any downtime prior to the next scheduled PM shall be excluded from the availability calculation. B. In the event that the Vendor is the manufacturer of the solar system. Pre-existing conditions including but not limited equipment, Vendor warrants that all engineering changes generally adopted hereafter by Vendor on similar equipment shall be made to Structural the equipment to be maintained hereunder at no cost to the Customer, provided however, that if such an engineering change is an enhancement which Vendor generally markets at extra cost or which by its addition increases the price of later- marketed equipment, then Customer shall be charged the lowest price for such enhancement which Vendor charges any of its other customers or purchasers of its equipment. C. The Services will be performed in a timely and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests workmanlike manner, using only qualified maintenance technicians, totally familiar with the equipment and its operation. D. Vendor warrants that the performance of the Purchaser, all warranties Services by Vendor will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty not in the event that: (a) the Equipment has been subject to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault of Seller; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service , any way constitute an infringement or other work on the Equipment is performed by Purchaserviolation of any copyright, Purchaser’s customers trade secret, trademark, patent, invention, proprietary information or non- disclosure rights of any third party. E. The Vendor will not be in violation of any applicable law, unless rule or regulation and it shall comply with and be responsible for ensuring that its employees comply with all statutory provision, regulations, orders and by-laws of any governmental authority relating to the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during carrying out of the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereinServices.

Warranties. Seller warrants The Supplier warrants, represents and undertakes to the Authority and NHS (Wales) that: The Equipment shall be suitable for the purposes as referred to in the MIA Call-Off Agreement, be of satisfactory quality, fit for its intended purpose and shall comply with the standards and requirements set out in any user manuals or other information provided to the Authority by the Supplier relating to the Equipment; It has ensured that upon receipt the transport and delivery of the Final PaymentEquipment means that it is delivered in good and useable condition; Where there is any instruction information, title including without limitation user information, that accompanies the Equipment, it has provided this to the Authority and will provide updated copies should the instruction information change at any time during the period of any loan of the Equipment by the Authority; Any equipment it uses for the purposes of the delivery, installation, commissioning, maintenance, repair or removal of the Equipment shall comply with all relevant requirements under Law and Guidance, be fit for its intended purpose and maintained fully in accordance with the manufacturer’s specification and shall remain the Supplier’s risk and responsibility at all times; Without prejudice to the requirements of Clause 6 above, it has and will maintain appropriate insurance relating to the Equipment in order to ensure that any ongoing public and/or product liability it has or may have arising out of any MIA Call-Off Agreements shall pass continue to Purchaser free be the subject of appropriate indemnity arrangements until such date as that liability may reasonably be considered to have ceased to exist and clear not withstanding any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal usethe Authority and/or NHS (Wales) with details of such insurance together with confirmation of any policy changes and/or renewals upon request; It has and shall as relevant maintain all rights, as defined belowconsents, with the limited manufacturer's warranties for the solar modulesauthorisations, inverters licences and racking. Seller shall also provide Purchaser with a five accreditations required to supply (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty in the event that: (aform of a loan or transfer as specified in the relevant MIA Call-Off Agreement) the Equipment to the Authority and for the Authority to use such Equipment for its intended purpose as set out in the relevant MIA Call-Off Agreement; Where any act of the Supplier requires the notification to and./or approval by any regulatory or other competent body in accordance with any Law and Guidance, the Supplier shall comply fully with such notification and/or approval requirements; Receipt of the Equipment by or on behalf of the Authority and use of the Equipment and/or of any other item or information supplied or made available to the Authority will not infringe any third party rights, to include without limitation any intellectual property rights; It will comply with all Law, Guidance and Policies in so far as is relevant to the supply of the Equipment and/or the provision of any related services and/or the removal of the Equipment; It will provide any services using reasonable skill and care and in accordance with Good Industry Practice; It will promptly notify the Authority of any health and safety hazard which has been subject arisen, or the Supplier is aware may arise, in connection with the Equipment and take such steps as are reasonably necessary to abuseensure the health and safety of persons likely to be affected by such hazards; It shall use Good Industry Practice to ensure that any information and communications technology, improper applicationhardware and/or software forming part of the Equipment shall be free from corrupt data, alterationviruses, accident worms and other computer programs or negligence code which might cause harm or disruption to the authority’s information and communications technology systems; It will keep full and detailed records in userelation to all matters relating to an MIA Call-Off Agreement (to include, without limitation, the Equipment supplied (including serial numbers) and the purpose of the Equipment and the reason for the loan or transfer) and shall promptly respond to all requests by the Authority or NHS (Wales) for further information regarding an MIA Call-Off Agreement and/or any Equipment, its purpose and the reason for the loan or transfer; It will comply in full with any terms set out in any Overarching Master Indemnity Agreement; It has the right and authority to enter into any MIA Call-Off Agreement and that it has the capability and capacity to fulfil its obligations under such MIA Call-Off Agreement; It is a properly constituted entity and it is fully empowered by the terms of its constitutional documents to enter into and to carry out its obligations under any MIA Call-Off Agreement and the documents referred to in these Master Indemnity Agreement Terms and Conditions; and It shall comply fully with these Master Indemnity Agreement Terms and Conditions (August 2017) in relation to such supply (in the form of a loan or transfer as specified in the relevant MIA Call-Off Agreement) of Equipment to an Authority. Unless otherwise agreed with the Authority in writing, where the importation, supply, delivery, installation, maintenance and/or removal of the Equipment under an MIA Call-Off Agreement relates to medical devices (as defined under any relevant Law and Guidance), the Supplier warrants and undertakes that it will comply with any such Law and Guidance relating to such activities in relation to such medical devices. In particular, but without limitation, the Supplier warrants that at the point such Equipment is supplied to the Authority, all such Equipment which are medical devices shall have valid CE marking as required by Law and Guidance and that all relevant marking, authorisation, registration, approval and documentation requirements as required under Law and Guidance relating to the sale, manufacture, assembly, importation, storage, transportation distribution, supply, delivery or handling, and installation of such actions or occurrences are not the fault of Seller; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized complied with. Without limitation to the foregoing provisions of this Clause 10.2, the Supplier shall, upon written request from the Authority, make available to the Authority evidence of the grant of such valid CE marking, and evidence of any other authorisations, registrations, approvals or documentation required. The Supplier shall provide the Authority with written evidence of the safety of the Equipment, drawing attention to any failures to comply with relevant European or British Standard Specifications or NHS Wales Specifications or aspects of safety that have not been fully tested. In these circumstances, any restrictions on the use of the Equipment necessary to ensure the safety of patients or others shall be confirmed by the Supplier to the Authority as part of the usage instructions for that item of Equipment. The Supplier further warrants and undertakes to the Authority and NHS (Wales) that it will inform the Authority and NHS (Wales) in writing by Seller; (d) Purchaser has not immediately upon becoming aware that any of the warranties set out in this Clause 10 and/or elsewhere as part of any MIA Call-Off Agreement have been breached or there is a risk that any such warranties may be breached. Any warranties provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall Clause 10 are both independent and cumulative and may be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during enforced independently or collectively at the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereinsole discretion of the enforcing party.

Warranties. Seller Supplier warrants that upon receipt of the Final Payment, title any Material supplied pursuant to an Order conforms to the Equipment shall pass generally recognized manufacturing and safety standards of Supplier's industry and meets or exceeds Supplier's specifications on performance as detailed in Supplier's brochures, sales literature and other specifications as may be available to Purchaser free and clear not withstanding any lender(s) executed securitization of noted any and all EquipmentBuyer. Seller shall provide Purchaser under normal use, as defined below, with the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components of the solar system in In addition to repairs any other express or implied warranties, Supplier warrants that the Material furnished pursuant to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty in the event thatan Order is: (a) the Equipment has been subject to abusefree from defects in title, improper application, alteration, accident or negligence in use, storage, transportation or handling, workmanship and such actions or occurrences are not the fault of Sellermaterial; (b) free from defects in design except to the Equipment is used in combination or connection extent that such items comply with other equipment, attachments not approved in writing detailed designs provided by Seller for use in combination or connection with the equipmentBuyer; (c) installationof merchantable quality and suitable for the purposes, repairif any, replacement which are stated on the Order. If any material covered by an Order is defective or found not to be as warranted or does not otherwise conform to the Order’s requirements, Buyer may, by written notice to Supplier: (a) rescind the Order as to such non- conforming Material; (b) accept such Material at an equitable reduction in price; (c) reject such non-conforming Material and require the delivery of partssuitable replacements. If Supplier fails to deliver suitable replacements promptly, adjustmentBuyer, service with notice of five business days, may replace or correct such Material and charge Supplier the additional cost incurred by Buyer, or other work on terminate the Equipment is performed by Purchaser, Purchaser’s customers Order for default. Any items corrected or any third party, unless furnished in replacement are subject to all the provisions of this section entitled WARRANTIES to the same shall have been expressly authorized extent as items initially furnished or originally ordered. Cost of replacement, rework, inspection, repackaging and transportation of such corrected Material will be at Supplier's expense. This warranty provision will survive any inspection, delivery, acceptance, payment, expiration or earlier termination of this Order and such warranties will run to Buyer, its successors, assigns, employees, and users of the Material. Nothing herein, however, will limit Buyer's rights in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line law or equity for power supply and appropriate polarization and grounding in accordance with Seller’s specifications, damages resulting from delivery of defective Material or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made damage caused during the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties delivery or guarantees beyond those provided hereinprovision of Material.

Warranties. Seller warrants that upon receipt The Contractor shall supervise and direct the Work using the Contractor’s best skill and attention. The Contractor shall be solely responsible for and have charge and control of means, methods, techniques, sequences, and procedures for coordinating all portions of the Final Payment, title Work. The Contractor warrants to the Equipment District that materials and equipment furnished under the Contract will be of good quality and new, unless otherwise required or permitted by this Contract or its Exhibits and that the Work will be performed in a workmanlike manner and be free from faults and defects and in conformance with this Contract and its Exhibits. This warranty shall pass to Purchaser free and clear not withstanding be restricted by the limitations of any lender(s) executed securitization of noted manufacturer’s warranty. In the event that any and all Equipment. Seller shall provide Purchaser under normal use, as defined below, with the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township testing or Utility whichever occurs first for parts and labor, on all components inspection of the solar system Work or any part thereof reveals defects in addition materials or workmanship, then the Contractor shall remedy such defects and shall bear all costs and expenses associated with such testing and, if necessary, all of the costs and expenses associated with such testing which is related to repairs determining whether such defects have been properly remedied. Title to portions of roofs directly affected the goods herein described shall not pass until said goods have actually been received by the installation of District or its consignee, notwithstanding any agreement to the solar system. Pre-existing conditions including contrary, including, but not limited to, any agreement to Structural pay freight, express, or other transportation or insurance charges. Risk of loss prior to such actual receipt by the District or its consignee shall be borne by the Contractor. The Contractor makes the following warranties to the District and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests users of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty in the event thatgoods herein described: (a) it will, at the Equipment has been subject date of delivery, have good title to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handlingany and all goods supplied hereunder, and such actions or occurrences are not the fault said goods will be free and clear of Sellerany and all liens and encumbrances; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipmentany and all goods supplied hereunder will be of merchantable quality; (c) installationany and all goods supplied hereunder will be fit for the particular use intended, repairwill be free from defects, replacement whether patent or latent, in material or workmanship, and will be in full conformity with the specifications contained herein. The Contractor agrees that the foregoing warranties shall survive acceptance of partsthe goods, adjustmentand that said warranties shall be in addition to any warranties of additional scope given to the District by the Contractor. The Contractor shall, service at its sole cost and expense, promptly repair or other work on replace to the Equipment is performed by Purchaser, Purchaser’s customers or any third partyDistrict's complete satisfaction all goods/services received for a period of one (1) year from date of acceptance, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including specifications require a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during the stated greater warranty period. Normal Use The Contractor shall indemnify and hold harmless the District, its successors, employees, agents, assigns, and users of the goods herein described against any and all loss, damage, or injury arising out of a claim or suit for alleged infringement or any Equipment is deemed letters patent granted by the United States or any foreign government relating to be continuousthe goods herein described. Purchaser The Contractor agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICESit will assume, SALEupon request, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereinthe defense of any and all such suits and pay all costs and expenses incidental thereto.

Warranties. Seller (a) (i) LightRiver warrants that with respect to Products (other than Software) designed and manufactured by LightRiver the Product shall be free from defects in workmanship and materials and shall conform to the Published Specifications during the warranty period provided that notice of such defect is provided to LightRiver during the warranty period. While no warranty is made that the Software will run uninterrupted or error free or that program errors will be corrected, upon receipt shipment of Software developed by LightRiver, such Software will be free from those defects which materially affect performance in accordance with the Published Specification provided that notice of such defect is provided to LightRiver during the warranty period. The warranty period for the Products (including Software) specifically referenced in this Section 4(a)(i) shall be for one (1) year commencing thirty days after shipment of the Final PaymentProduct to Customer. (ii) LightRiver makes no warranty whatsoever with respect to any Products not manufactured by it (or in the case of Software, title Software not developed by it). However, LightRiver will assign or otherwise make available to Customer the warranty which has been assigned by a manufacturer of any such Product including such Software and which LightRiver has the right to so assign or otherwise make available (the “Manufacturer’s Warranty”). Customer shall promptly notify LightRiver of any defects in the Products which are covered by a Manufacturer’s Warranty during the applicable warranty period. LightRiver will assist Customer in notifying the manufacturer of any Manufacturer’s warranty claim and the processing of such claim. (b) With respect to Products referenced under Section 4(a)(i), during the warranty period, LightRiver shall, at its sole expense and promptly after notification by Customer, correct or replace (at LightRiver’s option) on site or at a LightRiver designated location (at LightRiver’s option) defective Product. (c) As between the Parties, LightRiver has the right to determine whether any warranty claims under this Section 4 (including Manufacturer’s Warranty claims) will be accomplished through repair or replacement and whether repairs will be conducted at Customer’ site or some other LightRiver determined location. As such, no Product under warranty will be returned to LightRiver or manufacturer for repair unless and until Customer notifies LightRiver of the warranty claim and Customer obtains an RMA from LightRiver for the Product along with the ship to address for such Product for such repair or replacement. Customer shall be responsible for and shall pay for any disassembly, removal, shipment to the Equipment LightRiver designated location, installation and re-assembly costs incurred because of warranty repairs. LightRiver shall pass to Purchaser free and clear not withstanding any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal use, as defined below, with the limited manufacturer's warranties be responsible for the solar modules, inverters and racking. Seller return of such repaired or replacement Product to Customer at Customer’s US facility at LightRiver’s cost. (d) The provisions of this Section 4 shall also provide Purchaser with a five (5apply to any corrected or replaced Product or replacement parts provided under the warranty under Section 4(a)(i) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty in the event that: 4(a)(ii) except that (a) the Equipment has been subject to abuse, improper application, alteration, accident warranty period for any corrected or negligence in use, storage, transportation replaced Product shall be the longer of (i) the remainder of the original warranty term for the original Product or handling, (ii) six months from repair or replacement of the Product and such actions or occurrences are not the fault of Seller; (b) the Equipment is used warranty period for the replacement parts shall be the longer of (i) the remainder of the original warranty term for the original Product to which the replacement part belongs or (ii) six months from repair or replacement of the replacement part. All replaced Products and parts shall be the property of LightRiver. (e) LightRiver makes no warranty with respect to defective conditions or non-conformities of the Products caused by any of the following acts (and the warranty exclusions of the manufacturer are hereby deemed broad enough to cover all of the exclusions in combination this Section 4(e)): misuse, neglect, accident or connection with abuse by anyone other equipmentthan LightRiver or its subcontractors; improper wiring, attachments not approved in writing repairing, alteration, installation, storage or maintenance by Seller for anyone other than LightRiver or its subcontractors; use in combination a manner or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has an environment not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Sellerspecifications or operating instructions supplied by LightRiver; failure of Customer to install applicable modifications and corrections supplied by LightRiver; modifications of Products by other than LightRiver or its subcontractors; or use of Software on an operating system or application other than the system, application and version specified by LightRiver . In addition, LightRiver makes no warranty with respect to Products which have had their serial numbers or month and year of manufacture removed or altered, with respect to expendable items or warranty claims resulting from the combination of the Products with any other hardware or software. The cost of correcting any additional damage resulting from Customer’s specificationscontinued use of the defective Product, resulting from Customer’s damage or misuse or as excluded in this subsection (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall be performed on regularly business days charged to Customer. If LightRiver determines that a Product is not defective then Customer shall pay LightRiver’s costs of handling, inspecting, testing and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that transportation and if applicable, travel, living and lodging expenses. (f) THE LIMITED FOREGOING WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S ARE EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES (WHETHER WRITTEN, ORAL, STATUTORY OR GUARANTEES WHETHER EXPRESSED OR IMPLIEDOTHERWISE), INCLUDING, WITHOUT LIMITATION, WARRANTIES INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY AND OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT AND LIGHTRIVER SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereinIN THE EVENT OF A BREACH OF WARRANTY UNDER SECTION 4(a)(i), LIGHTRIVER’S SOLE RESPONSIBILITY, AND CUSTOMER’S SOLE AND EXCLUSIVE REMEDY, IS, AT LIGHTRIVER’S OPTION, TO REPAIR OR REPLACE THE PRODUCT AS SET FORTH ABOVE. LIGHTRIVER SHALL HAVE NO WARRANTY LIABILITY FOR PRODUCTS REFERENCED UNDER SECTION 4(a)(ii).

Warranties. 12.1 The Seller warrants that: a. at all times it has and maintains all the licences, permissions, authorisations, consents and permits that it needs to carry out its obligations under the Contract in respect of the Deliverables. b. in respect of the Goods and any goods that are transferred to the Buyer as part of the Services under this Contract, including without limitation the Deliverables or any part of them, the Seller warrants that upon receipt it has full clear and unencumbered title to all such items, and that at the date of delivery of such items to the Buyer, it will have full and unrestricted rights to sell and transfer all such items to the Buyer. c. The possession, sale or use of any Deliverables (or the product or output of any Deliverables) shall not infringe any IP Rights anywhere in the world; d. The Deliverables shall be performed by properly qualified and trained personnel of the Final PaymentSeller and in accordance with any Specifications supplied by the Buyer and in accordance with best standards prevailing in the Seller's industry and shall be performed with all due speed, title care, skill and diligence; e. If the Deliverables are to be provided at the Equipment shall pass to Purchaser free Buyer's site, the Deliverables and clear not withstanding any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal use, as defined below, their providers will comply with the limited manufacturer's warranties for the solar modules, inverters applicable site rules and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured regulations; f. No software forming part of or resulting from the original date of installation and subsequent approval to use from Local Township Deliverables (including any bespoke software) contains or Utility whichever occurs first for parts and laborwill contain any viruses, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions worms, trojan horses or other contaminants including but not limited to Structural any codes or instructions that may be or will be used to access, modify, delete or damage any data files or other computer programs used by the Buyer. g. The Seller has, prior to any software installation and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests prior to delivery of the Purchasersoftware and bespoke software and all updates thereto, used the most comprehensive and up-to-date virus checker.; and h. The Deliverables will not contain any Open Source Software. 12.2 For the avoidance of doubt, any and all warranties will be considered suspended and noncontained herein shall also apply to Deliverables which are replaced or repaired or Deliverables which are re-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty in the event that: (a) the Equipment has been subject to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault of Seller; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Sellerthe terms of the Contract. 12.3 Where the provision of Services involves marketing, promotion or creation of materials which relate to the Buyer’s specificationsmedicinal products (including veterinary products), the Seller shall comply with the relevant industry codes of practice, including but not limited to the Association of British Pharmaceutical Industry (ABPI) Code of Practice, , the National Office of Animal Health (NOAH) Code and other codes of working practices laid down within the pharmaceutical, veterinary or (e) Purchaser fails advertising industry or relevant to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereinServices.

Warranties. 6.1 The Seller gives no warranty that the Goods are fit for the Buyer’s purpose or purposes. 6.2 The Buyer warrants that upon receipt it has satisfied itself that the Goods will be fit for every purpose which the Buyer requires and the Buyer has not relied on any skill or judgment of the Final Payment, title to the Equipment shall pass to Purchaser free and clear not withstanding any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal use, as defined below, with the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty in the event that regard. 6.3 The Buyer further warrants that: (a) the Equipment has been subject to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences Buyer is aware that the Goods are not supplied for the fault of Sellerpurpose for which they were manufactured; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller Buyer has all necessary licenses and permissions required for use in combination or connection with the equipmenttheir use; (c) installation, repair, replacement of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by SellerGoods will be tested prior to use; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specifications, or the Goods will only be used by suitably qualified individuals; (e) Purchaser fails the Goods will be regularly serviced, tested, certified and inspected; (f) the Goods will not in any way be adapted or altered; and (g) the Buyer will not give or imply any warranty to perform timely operating maintenance any person to whom the Buyer may sell or let the Goods other than the foregoing and that the Buyer will notify that person of the requirements of the Seller as specified to license, test, use, service, inspection, certification and adaptation as above and of any statutory authority of any state or country in which the Buyer or that person is resident or carrying on business. 6.4 Installation work carried out by the Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall be performed on regularly business days and during Seller’s regular business hours within , excluding the equipment, is warranted for a reasonable time following Purchaser’s requestperiod of 12 months from completion. All requests equipment carries the manufacturer’s standard ‘back to base’ warranty, (faulty equipment must be removed from site and sent back to the supplier at the Buyer’s cost for warranty fulfillment must repair). The Seller can provide an on-site warranty including the removal and reinstallation of faulty equipment at a separate cost. 6.5 Light Emitting Diodes (LED) LEDs are binned to offer the closest match in colour for batches produced, however there may be made during some colour differences. The seller does not warrant that LED's of the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICESsame colour, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereincontained in LED lighting equipment will match.

Warranties. Seller (a) The Contractor represents and warrants that upon receipt that: (i) it has the skill and expertise to perform the Work and the Contractor shall utilize only personnel who are authorized to work in the United States and licensed, trained, competent and qualified to perform the Work in the states where the Services are to be performed; (ii) the Work will be of good and workmanlike quality free of any and all defects in design, material or workmanship; (iii) the Final Payment, title to Work will be performed in accordance with and conform in all material respects with the Equipment shall pass to Purchaser Contract Documents and will meet the Specifications; (iv) the Work will be free and clear of all liens and encumbrances; (v) the Contractor shall perform all Work in accordance with the manuals, policies, procedures and specifications provided by the Owner to the Contractor, provided, however, the Owner may at any time modify its manuals, policies, procedures and specifications, provided that if any such modification reasonably causes an increase in the cost or the time required for the Contractor to perform, the parties shall negotiate in good faith to execute a mutually agreeable written amendment to this Agreement reflecting the same. (b) The warranties set forth in section 10(a) survive inspection, delivery, payment and termination of the Contract and run in favor of the Owner and its successors and assigns for 12 months from the date the Owner accepts the Work (“Warranty Period”). (c) If, during the Warranty Period, the Owner determines that the Work does not withstanding conform to the foregoing warranty, the Owner shall notify the Contractor of the same and the Contractor shall promptly and at its own expense repair or replace, re-perform or otherwise correct, at the Owner's sole option, any lender(ssuch non- conforming Work to the Owner's reasonable satisfaction. The Contractor's warranty obligation specifically includes all costs related to the in-place repair or replacement of any materials, equipment or other deliverables originally supplied by the Contractor, and the Contractor shall reimburse the Owner for any direct costs or expenses incurred by the Owner as a result of the failure of the warranty described in this section. If the Contractor does not repair or replace, re-perform or otherwise correct non-conforming Work within a reasonable time after written notice by the Owner, the Owner may repair or replace, re-perform or otherwise correct them at the Contractor's expense. Notwithstanding anything in this section to the contrary, however, nothing in this section may be construed to create a period of limitation with respect to other obligations the Contractor has under the Contract and the establishment of the Warranty Period described above relates only to the Contractor's specific warranty obligation and has no relationship to the time within which the Owner may seek to have the Contractor's obligation to comply with the terms set forth in the Contract be enforced or to the time within which the Owner may commence proceedings to establish the Contractor's liability with respect to its obligations under the Contract other than its specific warranty obligation as described in this section. (d) executed securitization The Contractor represents and warrants that it has the full right, power and authority to enter into the Contract and to carry out its obligations under the Contract and that all corporate or other actions necessary to authorize the Contractor to enter into the Contract and to perform its obligations have been taken. The Contractor further represents and warrants that it is duly authorized and holds all business and professional licenses required to perform under the Contract and covenants that it will maintain all such business and professional licenses throughout the Term. (e) The Contractor represents and warrants that it has the full, unrestricted right to manufacture, offer and/or sell all of noted the goods, materials, processes, equipment, software, tools and other deliverables provided to the Owner as part of the Work or utilized by the Contractor in performing the Work, and that such goods, materials, processes, equipment, software, tools and other deliverables do not infringe upon any patent, copyright, trade secret, trademark or other proprietary right of any third party. (f) The Contractor represents and warrants that it is free to enter into the Contract, that this engagement does not violate the terms of any agreement between the Contractor and any third party and that the Contractor is not a party to or subject to any agreement or order that would limit, prevent or restrict its performance under the Contract, and the Contractor covenants that it will not enter into any such agreement during the Term. (g) The Contractor shall ensure that any and all Equipmentmanufacturer and permitted subcontractor warranties run to the benefit of, are assignable to and in fact are promptly assigned in writing to, the Owner. Seller The Contractor shall provide Purchaser under normal use, as defined below, with the limited perform its duties and obligations in a manner that will preserve all manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components benefit of the solar system in addition to repairs to portions Owner. The Contractor shall, however, remain fully responsible for all its duties and obligations under the Contract notwithstanding any assignment of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders manufacturer or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty in the event that: (a) the Equipment has been subject to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault of Seller; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereinpermitted subcontractor warranties.

Warranties. 24.1 Seller warrants to Buyer that upon receipt (i) the equipment to be delivered hereunder shall be designed and fit for the purpose of generating electric power when operated in accordance with Seller's operation instructions and, in the absence thereof, in accordance with generally accepted operation practices of the Final Paymentelectric power producing industry and shall be free from defects in material, title workmanship and title; and (ii) Technical Advisory Services (as specified in Appendix K) shall be performed in a competent, diligent manner in accordance with any mutually agreed specifications. The warranties and related remedies for Personal Training Program as specified in Appendix B, if provided, are exclusively set forth elsewhere in this Agreement. Seller shall warrant the foregoing for the earlier of: (i) one year following achievement of Minimum Performance, or (ii) two years following the completion of shipment of the Turbine Generator Units (hereafter, the "Warranty Period"). 24.2 The foregoing warranties (except as to title) for each Unit shall apply to defects which appear during the Equipment Warranty Period. 24.3 If the equipment delivered or Technical Advisory Services performed hereunder do not meet the above warranties during the Warranty Period, Buyer shall pass to Purchaser free promptly notify Seller in writing and clear not withstanding make the equipment available promptly for correction. Seller shall thereupon correct any lender(sdefect by, at its option, (i) executed securitization of noted any reperforming the defective Technical Advisory Services, (ii) repairing or replacing the defective part or equipment, as may be applicable (freight and all Equipmentinsurance paid by Seller). Seller shall provide Purchaser under normal useall reasonably necessary labor, as defined belowtools and services for any such repair of the equipment, with the limited manufacturer's warranties for the solar modules, inverters and racking. but Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date not be responsible for removal or replacement of installation and subsequent approval to use from Local Township structures or Utility whichever occurs first for other parts and labor, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not includedfacility. If Purchaser does a defect in the equipment or part thereof cannot make payment be corrected by Seller's reasonable efforts, the Parties will negotiate a mutually agreeable equitable adjustment in full as provided in this agreement including Contract Price with respect to such equipment or part thereof. The condition of any change orders or extras caused by unforeseen or concealed conditions or requests tests shall be mutually agreed upon and Seller shall be notified of the Purchaserand may be represented at, all warranties will tests that may be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty in the event that: (a) the Equipment has been subject to abuse, improper application, alteration, accident made. 24.4 Any reperformed service or negligence in use, storage, transportation repaired or handling, and such actions or occurrences are not the fault of Seller; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying part furnished under this warranty shall carry warranties on the same terms as set forth above, except that the warranty period shall be performed on regularly business days for a period of one year from the date of such reperformance, repair or replacement. In any event the warranty period and Seller's responsibilities set forth herein for such repaired or replacement part shall terminate one year after the end of the Warranty Period ("the Rewarranty Period") applicable to the item of equipment in which such repaired or replacement part was installed or in which such Service was reperformed. 24.5 Seller does not warrant the Turbine Generator Units or any repaired or replacement parts against normal wear and tear, including operation beyond design capability, frequent starting, detrimental air inlet conditions or erosion, corrosion or material deposit from fluids (all as indicated in Seller's technical publication GEK 3620F, Heavy Duty Gas Operating and Maintenance Considerations) and fuel not in accordance with the fuel specification (attached as Appendix L). The warranties and remedies set forth herein are further conditioned upon (i) the proper storage, installation, operation, and maintenance of the Turbine Generator Units and conformance with the Operation Manual (including revisions thereto) provided by Seller and/or its subcontractors, as applicable and (ii) repair of modification pursuant to Seller's instructions or approval. Buyer shall keep proper records of operation and maintenance during Seller’s regular business hours within a reasonable time following Purchaser’s the Warranty Period. These records shall be kept in the form of log sheets and copies shall be submitted to Seller upon its request. All requests Seller does not warrant any equipment or services of others designated by Buyer where such equipment or services are not supplied by Seller. 24.6 Except as otherwise specifically provided for warranty fulfillment must be made during in this Agreement the stated warranty periodpreceding paragraphs of this Article 24 set forth the exclusive remedies for all breach of Warranty, however instituted, whether based on contract, indemnity, warranty, tort (including negligence), strict liability or otherwise. Normal Use for any Equipment is deemed to be continuousThe foregoing warranties are exclusive and are in lieu of all other warranties and guarantees whether written, oral, implied or statutory. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES IMPLIED STATUTORY WARRANTY OF MERCHANTABILITY AND OR IMPLIED STATUTORY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSEPURPOSE SHALL APPLY. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereinSECTION 25: FORCE MAJEURE EVENT

Warranties. Seller JCI warrants its Services will be provided in a good and workmanlike manner for 90 days from the date of Services. If JCI receives written notice of a breach of this warranty prior to the end of this warranty period, JCI will re-perform any non-conforming Services at no additional charge within a commercially reasonable time of the notification. JCI warrants that upon receipt equipment manufactured or labeled by Xxxxxxx Controls, Inc. shall be free from defects in material and workmanship arising from normal usage for a period of 90 days. No warranty is provided for third-party products and equipment installed or furnished by JCI. Such products and equipment are provided with the Final Payment, title third party manufacturer’s warranty to the Equipment shall pass to Purchaser free and clear not withstanding any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal use, as defined below, with the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty in the event that: (a) the Equipment has been subject to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handlingextent available, and such actions or occurrences are not JCI will transfer the fault benefits, together with all limitations, of Seller; (b) the Equipment is used that manufacturer’s warranty to Customer. All transportation charges incurred in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the warranty for equipment and/or materials not covered under this Agreement shall be borne by Customer. Except as provided herein, if JCI receives written notice of a breach of this warranty prior to the end of this warranty period, JCI will repair or replace (at JCI’s option) the defective equipment; (c) installation. These warranties do not extend to any Services or equipment that have been misused, repair, replacement of parts, adjustment, service altered, or other work on repaired by Customer or third parties without the Equipment is performed by Purchasersupervision of and prior written approval of JCI, Purchaser’s customers or any third party, unless the same shall if JCI serial numbers or warranty decals have been expressly authorized in writing by Seller; (d) Purchaser has removed or altered. All replaced parts or equipment shall become JCI’s property. This warranty is not assignable. Warranty service will be provided electrical service conforming during normal business hours, excluding holidays. The remedies set forth herein shall be Customer’s sole and exclusive remedy with regards to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying any warranty claim under this Agreement. Any lawsuit based upon the warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during brought no later than one (1) year after the stated expiration of the applicable warranty period. Normal Use for This limitation is in lieu of any Equipment is deemed to be continuousother applicable statute of limitations. Purchaser agrees that THE LIMITED CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT THESE WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE ARE JCI’S SOLE WARRANTIES AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have JCI makes no authority and specifically disclaims all representations or warranties that the services, products, software or third party product or software will be secure from cyber threats, hacking or other similar malicious activity, or will detect the presence of, or eliminate, prevent, treat, or mitigate the spread, transmission, or outbreak of any pathogen, disease, virus or other contagion, including but not limited to give warranties or guarantees beyond those provided hereinCOVID 19.

Warranties. Seller warrants that upon receipt If, and to the extent, Xxxxxxxx receives warranties from the manufacturers, contractors or installers of certain portions of the Final PaymentLeased Premises, title to or the Equipment shall pass to Purchaser free and clear not withstanding any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal usesystems, as defined belowequipment or fixtures comprising the same (“Third Party Warranties”), with the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components of the solar system Landlord will reasonably assist Tenant in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty in the event that: (a) the Equipment has been subject to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault of Seller; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (cadministration and enforcement of any such Third Party Warranty to the extent they impact the Leased Premises. Notwithstanding anything contained in Section 9(b) installationto the contrary, repairLandlord hereby warrants to Tenant that the workmanship and material of all Building Systems that were installed and completed by Landlord will be and remain in good working order, replacement of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers or and any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs necessary repairs or replacements qualifying under this warranty thereto during the Warranty Period (as defined herein) shall be performed on regularly business days by and during Seller’s regular business hours at the expense of Landlord within a reasonable time following Purchaser’s requestupon receiving written notice from Tenant during such Warranty Period, and after the expiration of such Warranty Period, any and all such repairs or replacements shall be performed by and at the expense of Tenant in a manner that will not adversely affect the validity or enforceability of any relevant Third Party Warranty. All requests for Notwithstanding anything herein to the contrary, the warranty fulfillment must described herein may not be made during assigned or transferred by successors. As is customary with new construction, “nail popping,” minor cracks, and other shifting or settling may occur in the stated floors, walls, and ceilings of the Leased Premises, and such issues are not caused by faulty workmanship or defective materials, but result due to normal settling and shifting of the Leased Premises and/or shrinkage of materials. Landlord shall not be responsible, under the foregoing warranty period. Normal Use or otherwise, for any Equipment is deemed to be continuousrepairs, decorating, or painting necessitated or desired by virtue of the normal settling and shifting of the Leased Premises or shrinkage of materials. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICESAs used herein, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereinthe “Warranty Period” shall mean the first twelve (12) months of the Lease Term.

Warranties. (a) Unless stated otherwise in the documents accompanying these Terms and Conditions, Seller warrants that upon receipt all Goods provided hereunder shall be free from defects in design, materials and performance, and in compliance with all applicable specifications and drawings, for a period of the Final Paymentone year following final acceptance. If this Contract is for delivery of Goods, title to the Equipment shall pass to Purchaser free and clear not withstanding any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser observe, comply with and afford Buyer all applicable warranties contained in the applicable Uniform Commercial Code Sale of Goods Statute, and Seller hereby acknowledges that Buyer does not waive or accept any disclaimer of any such warranties. If any nonconformity under normal usethis warranty appears within the warranty period, as defined below, with the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with promptly and diligently repair or replace such nonconformity at no cost to Buyer (including any transportation costs associated therewith). If such repair or replacement is not made in a five (5) year limited system warranty as measured from the original date of installation timely manner, then Buyer may, at its election and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components of the solar system in addition to repairs any other remedies available at law or in equity, repair or replace, or have repaired or replaced, such nonconformity at Seller’s expense. (b) Unless stated otherwise in the documents accompanying these Terms and Conditions, Seller warrants all Services against defects in performance for a period of one year following completion. Seller warrants that it has and will maintain sufficient trained personnel to portions promptly and efficiently execute the Services contemplated under this Contract. Seller further warrants that the Services shall be performed to at least the standard of roofs directly affected by the installation performance reasonably expected of the solar system. Pre-existing conditions including but not limited to Structural qualified and Electrical defects are not includedcompetent service providers in Buyer's geographic area. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation nonconformity under this warranty appears within the warranty period, Seller shall promptly and diligently correct such nonconformity (by reperformance or otherwise) at no cost to Buyer. If such correction is not made within a timely manner, then Buyer may, at its election and in the event that: (a) the Equipment has been subject addition to abuseany other remedies available at law or in equity, improper application, alteration, accident or negligence in use, storage, transportation or handling, and correct such actions or occurrences are not the fault of nonconformity at Seller; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; ’s expense. (c) installationSeller warrants that the sale, repairoffering for sale, replacement use, or incorporation into manufactured goods and materials (including software) of all machines, parts, adjustmentcomponents, service services, devices, material, and rights furnished or licensed hereunder which are not of Buyer’s design, composition, or manufacture does not and will not infringe any valid patent, copyright, trademark, or other work on the Equipment is performed by Purchaser, Purchaser’s customers proprietary or any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereinintellectual property rights.

Warranties. Seller (a) Contractor warrants to Owner that all materials shall (i) be new and of good quality, and (ii) be free from improper workmanship and Defects. (b) Contractor warrants to Owner that the Work will be performed in a good and workmanlike manner, and that the Plant will: (i) be constructed in accordance with the Drawings, Scope of Work, all Applicable Laws in existence and effect and Applicable Permits in existence and effect and other terms of the Contract Documents; (ii) contain the supplies and materials described in the Scope of Work. (c) Except as expressly stated herein to the contrary, Contractor warrants that upon receipt it shall remedy, in accordance with Section 12.2, any Defects in the Work due to faulty workmanship which appear within a period of the Final Payment, title to the Equipment shall pass to Purchaser free and clear not withstanding any lender(stwelve (12) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal use, months following Mechanical Completion (as defined below, such period may be extended in accordance with the limited manufacturer's warranties terms hereof); (the “Warranty Period”). Contractor shall bear all costs of corrections and repairs during the Warranty Period for the solar modules, inverters Contractor’s defective Work. The provisions of this Section apply to Work performed by Subcontractors and rackingVendors as well as Work performed directly by Contractor. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date The provisions of installation and subsequent approval this Section do not apply to use from Local Township or Utility whichever occurs first for parts and labor, on all components of the solar system in addition to repairs to portions of roofs directly affected corrective work caused by the installation acts or omissions of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not includedOwner or any separate contractor of Owner. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty in the event that: (a) Owner notifies Contractor of a Defect within the Equipment has been subject Warranty Period, Contractor, at Contractor’s expense, shall perform all Work necessary to abuse, improper application, alteration, accident remedy the Defect and the repair or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault of Seller; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service , or other work on the Equipment is Work performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Seller; Contractor. (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S OF CONTRACTOR SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF CONTRACTOR SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES WARRANTIES, WHETHER STATUTORY, EXPRESS OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED (INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE). Seller’s agents have no authority The foregoing sentence is not intended to give warranties or guarantees beyond those provided disclaim any other obligations of Contractor set forth herein.

Warranties. Seller warrants that upon receipt of the Final Payment, title to the Equipment shall pass to Purchaser free and clear not withstanding any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal use, as defined below, with the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty in the event that: (a) Lessee represents, covenants and agrees that, at the Installation Date set forth in the applicable Equipment has been subject to abuseSchedule, improper applicationit shall have (i)thoroughly inspected the Equipment, alteration(ii)determined for itself that all items of Equipment are in good condition, accident or negligence in useworking order and repair and are of a size, storagedesign, transportation or handlingcapacity and manufacturer selected by it, and such actions or occurrences are not the fault of Seller; (b) iii)satisfied itself that the Equipment is used in combination or connection with other equipmentsuitable for Lessee's purposes. LESSOR LEASES THE EQUIPMENT AS IS AND, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installationNOT BEING THE MANUFACTURER OF THE EQUIPMENT, repair, replacement of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASERMANUFACTURER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION AGENT OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE SELLER'S AGENT, MAKES NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES WARRANTY OR GUARANTEES WHETHER EXPRESSED REPRESENTATION, EITHER EXPRESS OR IMPLIED, INCLUDINGAS TO THE EQUIPMENT'S MERCHANTABILITY, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, DESIGN, CONDITION, QUALITY, CAPACITY, MATERIAL OR WORKMANSHIP OR AS TO PATENT INFRINGEMENT OR THE LIKE, it being agreed that all such risks, as between Lessor and Lessee, are to be borne by Lessee. Seller’s agents have no authority Lessee agrees to give look solely to the manufacturer or to suppliers of the Equipment for any and all warranty claims and any and all warranties made by the manufacturer or guarantees beyond those provided hereinthe supplier of Lessor are hereby assigned to Lessee for the term of the applicable Equipment Schedule. Lessee hereby assumes the sole responsibility for, and agrees that Lessor shall not be responsible for, the delivery, installation, maintenance, operation or service of the Equipment or for delay or inadequacy of any or all of the foregoing. Lessor shall not be responsible for any direct or consequential loss or damage resulting from the installation, operation, maintenance or use of the Equipment or otherwise. (b) Lessee agrees that the statements and financial reports submitted by it to Lessor are material inducements to the execution by Lessor of this Lease, and Lessee warrants that such statements and reports are, and all information hereafter furnished by Lessee to Lessor will be, true and correct in all material respects as of the date submitted.

Warranties. The goods sold by Seller warrants that upon receipt are products of the Final Payment, title to the Equipment shall pass to Purchaser free recognized manufacturers sold under their respective brand or trade name in accordance with their terms and clear not withstanding any lender(s) executed securitization of noted any and all Equipmentconditions. Seller shall provide Purchaser under normal useuse its best efforts to obtain from each manufacturer, as defined below, in accordance with the limited manufacturer's warranties for ’s warranty (copies of which will be furnished upon request) or customary practice, the solar modulesrepair or replacement of goods that may prove defective in material, inverters design, or workmanship. The foregoing shall constitute the exclusive remedy of Buyer and rackingthe sole obligation of Seller. Except as to title, SELLER GIVES NO WARRANTY, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR OTHERWISE. Seller shall also provide Purchaser not, under any circumstances be liable for any special, direct, indirect, incidental, exemplary, liquidated, or consequential damages to persons or property arising out of or connected with a five (5) year limited system warranty as measured from the original date of installation and transactions contemplated hereby or the design, manufacture, subsequent approval to sale or use from Local Township or Utility whichever occurs first for parts and labor, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including goods, including, but not limited to, loss of profit or revenues, loss of use of the products, or any associated equipment, cost of capital, cost of substitute or replacement products, cost of labor associated with substitute or replacement products, facilities, service, or replacement power, down time costs, or claims of Buyer’s customers for such damages. Seller’s maximum cumulative liability relative to Structural all other claims and Electrical defects are liabilities, including that with respect to direct damages and obligations under any indemnity, whether or not includedinsured, will not exceed the cost of the goods or services giving rise to the claim of liability. Seller disclaims all liability relative to gratuitous information or services provided by, but not required of seller hereunder. If Purchaser does not make payment in full as provided in this agreement including any change orders Buyer transfers title to or extras caused by unforeseen or concealed conditions or requests of leases the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty in the event that: (a) the Equipment has been subject products sold hereunder to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault of Seller; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same Xxxxx shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply indemnify and appropriate polarization defend Seller and grounding in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during the stated warranty period. Normal Use for its suppliers against any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereinsuch damages.

Warranties. Seller (i) Vendor warrants that upon receipt of the Final Payment, it has good title to the Equipment Materials to be furnished under each Purchase Order, free from any lien, security interest, or other encumbrance; that the Materials to be furnished will be in full conformity with all requirements of the Purchase Order including, but not limited to, the specifications submitted by Reaxis (and/or submitted to Reaxis by Vendor and accepted by Reaxis in writing) and any sample, design, or model from which Materials were ordered will be free from all defects, including defects in material, design, and workmanship and will be merchantable; and will be fit and sufficient for their intended use and purpose, including any special requirements of Reaxis which have been disclosed to Vendor. Vendor warrants that the Materials will be adequately labelled and will conform to statements of fact made on the containers and labels, and further warrants that the sale or use of the Materials to be furnished will not infringe upon or contribute to the infringement of any trademark, patent, or other intellectual property right or interest not properly possessed by Vendor. Any services to be provided as part of the Purchase Order shall pass be provided by duly licensed, insured, and trained workmen in an efficient and safe manner conforming to Purchaser free those standards generally accepted in the industry. Any exclusions of any such warranties by Vendor shall be void and clear of no effect. These warranties shall be in addition to all other express warranties given by Vendor to Reaxis. Vendor agrees that the foregoing warranties shall survive delivery of the Materials and will not withstanding be waived or in any lender(sway limited due to Reaxis's inspection, or acceptance or payment. (ii) executed securitization Vendor shall, at its sole expense and promptly after written notification by Reaxis, correct or replace Materials not conforming to the above warranties. Reaxis shall have the right to use such defective Materials until they can be removed from operation for correction or replacement. In the event Reaxis incurs any costs as a result of noted such nonconforming Materials will be reimbursed to Reaxis by Vendor on demand. (iii) Vendor agrees to and shall indemnify, defend, and hold harmless Reaxis, its successors and assigns, and any of its or their agents and customers and the users of any Materials from any and all Equipment. Seller shall provide Purchaser under normal useclaims, as defined belowactions, with the limited manufacturer's warranties for the solar modulesdamages, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and laborlosses, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaserliabilities, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty in the event that: (a) the Equipment has been subject to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handlingcosts, and expenses which may be asserted against or incurred or suffered by them by virtue of Vendor's breach of any of such actions warranties or occurrences are not the fault representations; any product liability or similar claim based upon exposure to any Materials supplied by Vendor; any claim arising by reason of Seller; (b) the Equipment is used in combination or connection with other equipmentincident to work performed on Reaxis's premises by Vendor's employees, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service agents, or other work on the Equipment is performed by Purchaser, Purchaser’s customers representatives; or any third partyclaim for infringement of any intellectual or proprietary right or interest and to pay any and all settlement amounts and judgments and decrees rendered against them or any of them as a result thereof; and to pay all costs and expenses incurred by them in defending any action brought against them including fees and expenses, unless the same shall have been expressly authorized in writing expert witness fees, and expenses and court costs. If requested by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codesReaxis, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specificationsVendor will, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during the stated warranty period. Normal Use for at its own expense, defend any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereinsuch action.

Warranties. Seller 15.1 Developer hereby warrants that, to its actual knowledge, as of the time of the District’s acceptance of the conveyance of the facilities (or when Developer thereafter completes the installation of any works or components subsequently installed, repaired, or replaced) the facilities and all components thereof, will be in satisfactory working order and quality and free of any material defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier; and that the facilities and all components thereof have been constructed and installed in material compliance with all approved specifications and as-built plans being provided to the District, and in accordance with applicable requirements of the District and any other governmental agency having jurisdiction. Developer also warrants that upon as of the time of the District’s acceptance of the conveyance of the facilities (or when Developer thereafter completes the installation of any works or components subsequently installed, repaired, or replaced) the facilities will operate in good and sufficient manner for the purposes intended for (a) one (1) year after the latter of (i) the date of acceptance, (ii) the expiration of all lien enforcement periods, or (iii) proof of conveyance of facilities, or (b) 180-days from the date new facilities are subsequently re-installed, repaired, or replaced and inspected and accepted “Warranty Period”). If, during the Warranty Period, it is determined that any of the facilities do not satisfy the foregoing requirements, then Developer, as District’s sole and exclusive remedy (except as expressly set forth below in this Section 15.1), shall perform such work or take such other action as may be necessary to place the facilities in the condition required hereunder; provided, however, that if District does not give Developer written notice of any deficiency of any of the water, sewer or recycled system within the Warranty Period, then Developer shall not be responsible for correcting such condition. Developer’s warranty hereunder does not cover the cost by the District (hereafter replacement facilities), whichever of (a) or (b) occurs last (the of normal repair, maintenance or replacement. Notwithstanding the foregoing, if Developer fails to commence such corrective action within a commercially reasonable period of time after receipt of written notice __ (except in the Final Paymentevent of an emergency when no notice shall be required) and thereafter diligently prosecute such corrective work to completion, title then District shall have the right, but not the obligation, to perform such item of work, maintenance, or repair or service on obligations of Developer, then Developer will reimburse District within 30 days after receipt of District’s demand therefore (which demand shall be accompanied by reasonable supporting behalf of Developer at Developer’s expense In the Equipment shall pass to Purchaser free event District performs any of such d ocumentation for such costs), failing which (and clear not withstanding any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal useonly in such instance), as defined belowDistrict’s sole and exclusive remedy, with District may proceed against the limited manufacturer's Warranty Bond or security described in Paragraph 12.3. 15.2 With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this Agreement, the Contractor shall: (1) Obtain all warranties that would be given in normal commercial practice; (2) Require all warranties to be executed, in writing, for the benefit of the District, if directed by the District; and (3) Enforce all warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components benefit of the solar system in addition to repairs to portions of roofs directly affected District, if directed by the installation of District. In the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including event any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation warranty under this warranty in section has expired, the event that: (a) the Equipment has been subject District may bring suit at its expense to abuseenforce a subcontractor’s, improper application, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault of Seller; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service manufacturer’s, or other work on supplier’s warranty, if any is still in effect. 15.3 This Section 15 shall not limit the Equipment is performed by PurchaserDistrict’s rights under the law with respect to latent defects, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specificationsgross mistakes, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereinfraud.

Warranties. Seller (A) COMPANY warrants the Product manufactured by COMPANY for a period of six (6) months for USA, China manufactured, and one (1) year for the EMEA manufactured from delivery to the Delivery Point (‘Warranty Period’) will materially conform to COMPANY’s standard specifications available from the COMPANY for such Product at the time of the issuance of the Order or to the Specifications agreed between the Parties, including drawings or descriptions, specification sheets, drawings, notes and technical data for such Product. COMPANY further warrants that upon receipt Product, at the time of their delivery, will be free from defects in material and workmanship for the Final Payment, title Warranty Period. (B) The express warranty set forth in the first sentence of this paragraph shall be the only warranty given by COMPANY with respect to the Equipment shall pass Product/Services provided. (C) For Third Party Products not manufactured by COMPANY, COMPANY's only responsibility is to Purchaser free assign to its Customer any manufacturer’s warranty that does not prohibit such assignment. (D) Product and clear parts that are consumed in normal operation are not withstanding covered by this Warranty. (E) If the Customer discovers a defect within the applicable Warranty period, it must be reported in writing to COMPANY’s service department immediately upon discovery. (F) Within a reasonable time after proper notification, COMPANY shall, during its normal business hours, Monday through Friday, correct any lender(s) executed securitization defect covered by this warranty with either new or used replacement parts, without charge. The above remedies are the exclusive remedies of noted any Customer, and all Equipment. Seller shall provide Purchaser under normal usethe sole responsibility of COMPANY, as defined below, with the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system breach of this warranty as measured from to repaired or replaced Product. COMPANY'S LIABILITY FOR BREACH OF ANY WARRANTY SHALL BE LIMITED TO THE REMEDIES PROVIDED HEREIN. (G) The Warranties cease to be effective if Customer fails to operate and use the original date of installation Product sold hereunder in a safe and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty in the event that: (a) the Equipment has been subject to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault of Seller; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding reasonable manner in accordance with SellerCOMPANY’s specificationswritten instructions. (H) Customer shall not be entitled to any remedy under the Warranties with respect to: (i) Product/Services that has been subjected to any alteration, disassembly, tampering, modification, or repair without prior authorization by COMPANY; (eii) Purchaser fails Product/Services subjected to perform timely operating maintenance as specified experimental running or any type of operation or use other than that for which the Product/Services is designed; (iii) Product/Services from which COMPANY and/or vendor’s trademark or serial number has been altered, removed, or obliterated without COMPANY’s written permission, excluding any alteration, removal, or obliteration directly caused by accident or mishap; (iv) Product/Services that has been in Seller’s Operator’s Manual. Repairs storage or replacements qualifying under this warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests immobilized for warranty fulfillment must be made during one (1) year or more after delivery to the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICESDelivery Point. (I) COMPANY MAKES NO OTHER WARRANTY, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION EXPRESS OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED (EXCEPT WARRANTIES OF TITLE), AND SPECIFICALLY MAKES NO WARRANTY OF MERCHANTABILITY AND OR OF FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority PURPOSE OR OF NON-INFRINGEMENT; AND THE EXPRESS WARRANTY SET FORTH IN THIS ARTICLE IS IN LIEU OF ANY SUCH WARRANTIES AND ANY OTHER OBLIGATION OR LIABILITY ON THE PART OF COMPANY. (J) The Warranties are non-transferable and are applicable only to give warranties or guarantees beyond those provided hereinthe original Customer.

Warranties. Seller warrants (i) The Concessionaire will require the Design-Build Contractor to warrant that upon receipt (A) the Design-Build Work is complete and conforms to Good Industry Practice; and (B) the Design-Build Work, including all materials and equipment furnished as part of the Final PaymentDesign-Build Work, title is new unless otherwise specified in the Technical Requirements or elsewhere in this Agreement, of good quality, free of defects in materials and workmanship. (ii) The warranties in Section 8.11(a)(i) are exclusive and are in lieu of all other warranties by contract. No implied or statutory warranties will apply. Subject to Section 8.11(a)(iii) below, the foregoing warranties for Work relating to any Project Asset will be effective for a period of one year beginning on the date on which the applicable Project Asset achieves Substantial Completion (the “Warranty Period”). Such warranties will survive termination of this Agreement for Work that was in place prior to termination. (iii) With respect to the Equipment shall pass warranty furnished by the Design-Build Contractor pursuant to Purchaser free Section 8.11(a)(i) and clear not withstanding if and to the extent the Concessionaire obtains general or limited warranties from any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal use, as defined below, with the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components other Contractor in favor of the solar system Concessionaire with respect to design, materials, workmanship, construction, equipment, tools, supplies, software or services, the Concessionaire will cause such warranties to be expressly extended to the Department and any third parties for whom Work is being performed or equipment, tools, supplies or software is being supplied by such Contractor; provided, that the foregoing requirement will not apply to standard, pre- specified manufacturer warranties of mass-marketed materials, products (including software products), equipment or supplies where the warranty cannot be extended to the Department using commercially reasonable efforts. The Department will only have the right to exercise remedies under any such warranty so long as the Concessionaire or a Lender is not pursuing remedies thereunder. To the extent that any Contractor warranty would be voided by reason of the Concessionaire’s negligence or failure to properly incorporate material or equipment into the Work, the Concessionaire will be responsible for correcting such defect. (iv) Contractor warranties are in addition to repairs all rights and remedies available pursuant to portions of roofs directly affected by this Agreement or Law or in equity, including Claims against the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty in the event that: (a) the Equipment has been subject to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handlingPerformance Security, and such actions will not limit the Concessionaire’s liability or occurrences are not responsibility imposed by this Agreement or Law or in equity with respect to the fault of Seller; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codesWork, including a dedicated line liability for power supply Non-Conforming Work, design defects, patent and appropriate polarization and grounding in accordance with Seller’s specificationslatent construction defects, strict liability, breach, negligence, willful misconduct or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereinfraud.

Warranties. 9.1 Seller represents and warrants that upon receipt of it has the Final Payment, right to sell the Products provided under this EPL Agreement. 9.2 Seller represents and warrants that Purchaser shall acquire good and clear title to the Equipment shall pass to Purchaser Products purchased hereunder, free and clear of all liens and encumbrances. 9.3 Seller represents and warrants that unless otherwise specified in RFP No. 3744 and/or the published EPL, each Product delivered for new installations shall be delivered new and not withstanding any lender(s) executed securitization of noted as a “used, substituted, rebuilt, refurbished or reinstalled” Product. It is understood that parts supplied by Seller during maintenance may be new or refurbished and warranted as new. 9.4 Seller represents and warrants that it has and will obtain and pass through to Purchaser any and all Equipmentwarranties obtained or available from the manufacturer/licensor of the Product. 9.5 Seller represents and warrants that all hardware Products provided pursuant to this EPL Agreement shall, for the warranty period specified in the supplement and/or purchase order or in the published EPL, whichever is longer, be free from defects in material, manufacture, design and workmanship. Seller’s obligation pursuant to this warranty shall include, but is not limited to, the repair or replacement of the hardware Product, or the redoing of the faulty installation, at no cost to Purchaser. Response times and maintenance requirements during the warranty period shall be as specified in Article 15 herein. In the event Seller can not repair or replace the hardware Product during the warranty period, Seller shall refund the purchase price of the hardware Product, and Purchaser shall have the right to terminate the supplement and/or purchase order and this EPL Agreement in whole or in part, solely as between those two parties. Purchaser’s rights hereunder are in addition to any other rights Purchaser may have. 9.6 Seller represents and warrants that all Products provided by Seller shall meet or exceed the minimum specifications set forth in RFP No. 3744 and the published EPL. 9.7 Seller represents and warrants that all software Products provided pursuant to this EPL Agreement shall, for the warranty period specified in the supplement and/or purchase order or in the published EPL, whichever is longer, be free from reproducible defects and provide Purchaser complete functionality necessary for the operation of the system. Seller’s obligation pursuant to this warranty shall include, but is not limited to, the repair of all reproducible defects or the replacement of the software Product, at no cost to Purchaser. In the event Seller is unable to repair or replace the software Product during the warranty period, Purchaser shall be entitled to a full refund of the price paid for the defective software Product, and Purchaser shall have the right to terminate the supplement and/or purchase order and this EPL Agreement in whole or in part, solely as between those two parties. Purchaser’s rights hereunder are in addition to any other rights Purchaser may have. 9.8 Seller represents and warrants that its services hereunder, including but not limited to, consulting, training and technical support, have been performed by competent personnel in a professional and workmanlike manner and consistent with generally accepted industry standards for same and shall comply in all respects with the requirements of this EPL Agreement. For any breach of this warranty, Seller shall, for a minimum period of ninety (90) days from performance of the service, perform the services again, at no cost to Purchaser, or if Seller is unable to perform the services as warranted, Seller shall reimburse Purchaser the fees paid to Seller for the unsatisfactory services. 9.9 Seller represents and warrants that there is no disabling code or lockup program or device embedded in the Products provided to Purchaser. Seller shall provide further agrees that it will not, under any circumstances, (a) install or trigger a lockup program or device, or (b) take any step which would in any manner interfere with Purchaser’s use of the Products and/or which would restrict Purchaser under normal usefrom accessing its data files or in any way interfere with the transaction of Purchaser’s 9.10 Seller represents and warrants that the Products, as defined belowdelivered to Purchaser, with the limited manufacturer's warranties for the solar modulesdo not contain a computer virus. For any breach of this warranty, inverters and racking. Seller shall also provide Purchaser with a at its expense shall, within five (5) year limited system warranty as measured from the original date working days after receipt of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components notification of the solar system in addition breach, deliver Products to repairs to portions Purchaser that are free of roofs directly affected any virus, and shall be responsible for repairing, at Seller’s expense, any and all damage done by the installation virus to Purchaser’s site. 9.11 Seller represents and warrants that it will ensure its compliance with the Mississippi Employment Protection Act, Section 71-11-1, et seq. of the solar Mississippi Code Annotated (Supp2008), and will register and participate in the status verification system for all newly hired employees. The term “employee” as used herein means any person that is hired to perform work within the State of Mississippi. As used herein, “status verification system” means the Illegal Immigration Reform and Immigration Responsibility Act of 1996 that is operated by the United States Department of Homeland Security, also known as the E-Verify Program, or any other successor electronic verification system replacing the E-Verify Program. Pre-existing conditions including but not limited Seller agrees to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests maintain records of such compliance and, upon request of the PurchaserState and approval of the Social Security Administration or Department of Homeland Security where required, all warranties will be considered suspended and non-enforceable until full payment is received from to provide a copy of each such verification to the PurchaserState. Seller shall have no obligation under this warranty in further represents and warrants that any person assigned to perform services hereunder meets the event thatemployment eligibility requirements of all immigration laws of the State of Mississippi. Seller understands and agrees that any breach of these warranties may subject Seller to the following: (a) the Equipment has been subject termination of this Agreement and ineligibility for any state or public contract in Mississippi for up to abusethree (3) years, improper applicationwith notice of such cancellation/termination being made public, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault of Seller; (b) the Equipment is used loss of any license, permit, certification or other document granted to Seller by an agency, department or governmental entity for the right to do business in combination Mississippi for up to one (1) year, or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installationboth. In the event of such termination/cancellation, repairSeller would also be liable for any additional costs incurred by the State due to contract cancellation or loss of license or permit. 9.12 Seller understands and agrees that some, replacement all or none of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying purchases made under this warranty shall EPL Agreement may be performed on regularly business days funded by the American Recovery and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during the stated warranty period. Normal Use Reinvestment Act of 2009 (hereinafter referred to as “ARRA”) and, as such, represents and warrants that for any Equipment ARRA purchases, it will comply with the requirements of ARRA as set forth in Exhibit A, which is deemed attached hereto and incorporated herein by reference and will maintain adequate records to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond verify its full compliance with those provided hereinrequirements.

Warranties. Seller Maintenance Provider expressly warrants that upon receipt all of the Final PaymentServices (other than Services performed by third party vendors in relation to Heavy Maintenance Checks) shall be performed in a workmanlike manner and that all Parts manufactured by Continental and furnished under this Agreement will conform to applicable specifications, title drawings, parts numbers, samples, or other descriptions given and with all applicable FARs, and that such Parts and such Services will be free from defects, whether patent or latent, in materials and workmanship, for a period of _______________ or _______ flight hours, whichever expires earlier, after Redelivery of the Aircraft upon completion of such Services. In the event of a defect covered by this warranty, Maintenance Provider agrees to rectify such warranty failure and, if necessary, at no additional charge to Customer, upon Customer's request, to dispatch to the Equipment Aircraft location field service personnel, and subject to Maintenance Provider's prior written consent (not to be unreasonably conditioned, withheld or delayed), Customer may perform any repairs in accordance with the Maintenance Program covered by this warranty and Maintenance Provider will reimburse Customer for the actual reasonable costs incurred by Customer in the performance of such repairs. For avoidance of doubt, Maintenance Provider confirms that any component failure caused by negligent or improper performance of Line Maintenance shall pass be rectified by Maintenance Provider without charge to Purchaser Customer even if the failure occurs while an Aircraft is away from a Line Maintenance Location and the Services required to so rectify the failure must be performed away from a Line Maintenance Location. Maintenance Provider warrants that all Parts and Materials (other than Customer-Furnished Materials, as to which Continental disclaims any warranty other than that they shall be free and clear not withstanding of liens, charges and encumbrances created by or arising through Continental) are, and will be, free and clear from all liens, charges, and encumbrances of any lender(s) executed securitization nature whatsoever, except for liens, charges and encumbrances created by or arising through Customer; the lien of noted any the applicable Sublease and all Equipmentliens permitted thereunder. Seller shall provide Purchaser under normal useAll warranties, as defined belowwhether express or implied, with respect to such Services and Parts manufactured by Continental shall extend to the limited manufacturer's benefit of Customer, its successors and assigns. The foregoing representations, warranties for and conditions and the solar modules, inverters and racking. Seller conditions set forth in Paragraph E of this Article 15 shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components survive Redelivery of the solar system in addition Aircraft to repairs to portions of roofs directly affected by the installation which they relate, acceptance of the solar system. Pre-existing conditions including but not limited to Structural relevant Services and Electrical defects are not included. If Purchaser does not make payment in full (unless they expire earlier, as provided in the first sentence of this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests Article 15.A) termination of the Purchaserthis Agreement. THE CUSTOMER EXPRESSLY AGREES AND ACKNOWLEDGES THAT SAVE AS PREVIOUSLY EXPRESSED IN THIS ARTICLE 15.A, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty in the event that: (a) the Equipment has been subject to abuseMAINTENANCE PROVIDER GIVES NO WARRANTIES, improper applicationGUARANTEES OR REPRESENTATIONS, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault of Seller; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY EXPRESS OR IMPLIED WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION AIRCRAFT OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED HEREUNDER BY MAINTENANCE PROVIDER OR PERFORMED BY ANY SUBCONTRACTOR, AND ALL SUCH WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES , GUARANTEES OR GUARANTEES WHETHER EXPRESSED REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDINGSTATUTORY OR ARISING BY LAW OR OTHERWISE, (INCLUDING WITHOUT LIMITATION, LIMITATION ANY WARRANTIES OF AS TO MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided herein) ARE EXPRESSLY EXCLUDED.

Warranties. Seller In addition to the warranties of SUPPLIER set forth in the Continuing Guaranty which is attached hereto as Exhibit C, SUPPLIER warrants that upon receipt of the Final Payment, title Products will conform to the Equipment shall pass specifications set forth in SUPPLIER's product literature and Exhibit A; that they will comply and be manufactured, packaged, sterilized (if applicable), labeled and shipped by SUPPLIER in compliance with all applicable federal, state and local laws, orders, regulations and standards. SUPPLIER warrants the products to Purchaser free DISTRIBUTOR's customers against defects in materials and clear not withstanding any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal use, as defined below, with the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty in the event that: (a) the Equipment has been subject to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault of Seller; (b) the Equipment is workmanship when used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specificationsthe applicable instructions for a period of one (1) year from the date of shipment of the Products. SUPPLIER MAKES NO OTHER END USER WARRANTY, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES . THERE IS NO WARRANTY OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority The warranty provided herein and the data, specifications and descriptions of SUPPLIER Products appearing in SUPPLIER's published catalogs and product literature may not be altered except by express written agreement signed by an officer of SUPPLIER. Representations, oral or written, which are inconsistent with this warranty or such publications are not authorized. In the event of a breach of the foregoing warranty, SUPPLIER asserts that its sole obligation to give warranties the end user shall be to repair or guarantees beyond those replace, at its option, any Product or part thereof that proves defective in materials or workmanship within the warranty period, provided hereinthe customer notifies SUPPLIER or DISTRIBUTOR promptly of such defect. If after exercising reasonable efforts, Millipore is unable to repair or replace the product or part, then Millipore shall refund to the end user all monies paid for such product or part. SUPPLIER disclaims liability for special, direct, indirect, incidental or consequential damages resulting from economic loss or property damages of any nature (including without limitation, loss of property, goodwill, reverse or disruption of any person's business or operations as appropriate) sustained by any customer from the use of its Products. SUPPLIER shall include notice of the foregoing Product Warranty and limitation of liability, together with notice that oral or written representations inconsistent with such Warranty are unauthorized and should not be relied upon, in product literature directed primarily or exclusive to products; DISTRIBUTOR shall cooperate in such inclusion to the extent that DISTRIBUTOR controls the preparation of such literature, or contacts with subdistributors or resellers.

Warranties. Seller 7.1 TIDALWIRE warrants that upon receipt all Product shipped under this Agreement, including sales through the channel directly to EMC’s End User Customers as well as purchases by EMC, for a period of thirty-six (36) months from the date of shipment of the Final PaymentProduct. 7.2 TIDALWIRE agrees to perform all of EMC’s warranty services, for products TidalWire has sold to EMC, VAR/reseller, or End User customer, as EMC’s contract warranty service provider unless EMC, at EMC’s sole discretion, decides to perform any such warranty services itself. Warranty service shall include, but not be limited to the customer support services and technical support detailed in this Agreement. In addition to performing their own warranty services, TIDALWIRE would additionally perform warranty services for EMC, or VAR/reseller as for end user. 7.3 TIDALWIRE agrees that if the end user requires failure analysis TIDALWIRE will forward the product(s) requiring failure analysis to the OEM immediately. TIDALWIRE will track the OEM’s failure analysis through regular communications, and provide a report to the EMC end user as soon as it become available, making reasonable efforts to obtain such report within 7 days. 7.4 TIDALWIRE further warrants that, upon payment of the purchase price therefore, EMC shall receive good title to the Equipment shall pass to Purchaser each Product free and clear of all liens, encumbrances, and claims, and in performing under this Agreement, TIDALWIRE shall, and each Product delivered under this Agreement shall, comply with all applicable federal, state and local, laws, statutes, ordinances, rules, regulations and codes. 7.5 The above warranties shall not withstanding any lender(sapply to Product(s) executed securitization of noted any and all Equipmentwhich have been damaged as a result to misuse, neglect, accident; have been improperly wired, repaired, or altered by anyone other than the manufacturer or an authorized repair agent; or have had their serial numbers removed, defaced or altered. Seller shall provide Purchaser under normal use, Except as defined below, with the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided specifically set forth in this agreement Agreement, TIDALWIRE’s sole obligation hereunder shall be, at TIDALWIRE’s expense (including any change orders all transportation expenses) and at TIDALWIRE’s option, to credit or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty replace Product(s) covered in the event that: (a) the Equipment has been subject to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault of Seller; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereinabove warranties.

Warranties. Seller warrants that upon receipt all goods sold will be free of the Final Payment, any claims of any nature and by any third person and that Seller shall convey clear title to the Equipment shall pass to Purchaser free and clear not withstanding any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal use, as defined below, with the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller further warrants that the Products supplied by Seller to Purchaser shall have no obligation under this warranty perform in the event that: accordance with agreed upon specifications and shall be free from defects (a) in materials and workmanship, whatever the Equipment has been subject to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault of Sellerorigin; (b) in design having regard to the Equipment is used in combination state of the art at the time of the order and including defects arising from the choice of materials and / or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipmentparts; (c) installation, repair, replacement of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Sellermanufacturing process; and (d) arising from non-suitability for the use for which it was intended. This warranty shall take effect from the date of acceptance of the Products by Purchaser has not provided electrical service conforming and shall remain in force until the earliest of the following to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding occur: (i) the gas turbine in accordance with Seller’s specifications, which the Products have been installed achieve 8000 operating hours; (ii) forty eight months from Start-Up; or (eiii) Purchaser fails sixty (60) months after the delivery of the Products to perform timely operating maintenance as specified Purchaser. Start-Up means the time when the equipment installation is complete and the gas turbine in Seller’s Operator’s Manualwhich the Product has been installed is first synchronized to the grid. Repairs or replacements qualifying under Purchaser's sole remedy in the event of any breach of this warranty shall, at Seller's option, be the replacement or repair in a timely fashion of the defective Product. Seller shall make replacement Products available and pay transportation, taxes, custom duties and insurance to the site where the gas turbine is located. Any repaired or replaced Product shall be performed on regularly business days and during warranted for 8000 operating hours, provided that in no event shall Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for 's warranty fulfillment must be made during obligation extend beyond seventy two (72) months from the stated warranty period. Normal Use for any Equipment is deemed to be continuousdelivery of the initial Product. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICESshall notify Seller of obvious defects within sixty (60) days of delivery and of latent defects within thirty (30) days of discovery. The warranties set forth in this section shall not apply to any claims, SALEproblems or defects which are the result of normal wear and tear, MATERIALSmishandling, SOLAR POWER SYSTEMmisuse, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIESneglect or improper testing and repair by other than CCSI or its authorized representatives. THE LIMITED EXPRESS WARRANTIES SUPERSEDE AND PROVIDED HEREIN ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, INCLUDING WITHOUT LIMITATION, WARRANTIES ANY WARRANTY OF MERCHANTABILITY AND OR FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided herein, AND ALL OTHER WARRANTIES ARE HEREBY DISCLAIMED AND EXCLUDED BY SELLER.

Warranties. Seller warrants that upon receipt LESSOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN RESPECT OF THE EQUIPMENT INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OF TITLE. Lessee hereby waives all claims against Lessor for losses, damages, costs and expenses (including, without limitation, loss of profits and incidental or consequential damages) arising out of the Final Paymentdelivery, title to installation, use, operation or maintenance of the Equipment shall pass to Purchaser free and clear not withstanding any lender(s) executed securitization of noted any and all or otherwise concerning the Equipment. Seller Lessee acknowledges that Lessor is not a dealer in equipment of any kind or the agent of any manufacturer, that the Equipment is of a type, size, design and capacity selected solely by Lessee, and that each item of Equipment is being leased for use in the conduct of Lessee's business. If, after delivery of the Equipment, such item of Equipment is not properly installed, does not operate as represented or warranted, or is unsatisfactory for any reason, Lessee shall provide Purchaser under normal usemake any claim on account thereof against the manufacturer, as defined belowowner or installer and shall not assert any such claim against the Lessor, with and no such occurrence shall relieve Lessee of any of its obligations hereunder. During the limited manufacturer's warranties for the solar modulesterm of this Lease, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval Lessor hereby assigns to use from Local Township Lessee any assignable warranty, whether express or Utility whichever occurs first for parts and laborimplied, on all components each item of the solar system Equipment, provided that Lessee is not then in addition to repairs to portions of roofs directly affected default hereunder. All claims or actions on any warranty so assigned shall be made or prosecuted by the installation of the solar system. Pre-existing conditions including but not limited to Structural Lessee, at its sole expense, and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller Lessor shall have no obligation to make any claim in respect of any such warranty. Any recovery in cash or cash equivalent under this warranty in the event that: (a) the Equipment has been subject to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handling, and any such actions or occurrences are not the fault of Seller; (b) the Equipment is used in combination or connection with other equipment, attachments not approved in writing by Seller for use in combination or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service , or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must made payable to Lessor and, at Lessor's sole option, may be made during used to repair or replace the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereinEquipment.

Warranties. Seller warrants the Work shall be new, free from defects in title, design, engineering, materials and workmanship and shall conform to the provisions, specifications, performance requirements, drawing samples and other descriptions and requirements contained in this Agreement (each a “Warranty” or collectively, the “Warranties”). Any Work, or component of the Work, that is not in conformity with any Warranty is defective (“Defective”) and contains a defect (“Defect”). For Defective Work, whether arising or developing during the course of the Project and/or during the Warranty Period, Seller shall: (i) at its cost, remedy the Defective Work on an expedited basis, including the payment of any incidental costs related to Seller’s performance of its Warranty obligations (e.g., testing, analysis and engineering, removal, replacement and reinstallation of equipment/materials, etc.); and (ii) at its cost, make Contractor whole for direct losses Contractor incurs as a result of the Defective Work. None of the foregoing costs Seller incurs shall be considered consequential in nature. If the Work provided is found to be Defective prior to the expiration of the Warranty Period, the Warranty applicable to such Work shall be extended [TERM IN PRIME CONTRACT] months from the date the corrective action is completed, but in no event shall Seller’s Warranty extend for more than [TERM IN PRIME CONTRACT] months from [TERM IN PRIME CONTRACT]. These Warranties shall survive any delivery, approval, inspection, acceptance or payment and no such delivery, approval, inspection, acceptance or payment shall be deemed to waive any of Contractor’s rights in this Agreement. [INSERT ANY ADDITIONAL WARRANTY PROVISIONS FROM PRIME CONTRACT]. Upon Contractor’s written notice of Defective Work, up to the completion of the Warranty Period as may be extended pursuant to Section16(c), and having been directed to correct the same by a specified date, if Seller states, or by its actions indicates its inability or unwillingness to comply with the requested corrective action, or if Seller fails to commence Warranty work within three (3) business days for an Emergency Claim or within seven (7) business days for a non-emergency claim to a Contractor approved plan, then Contractor or Owner shall proceed to accomplish the corrective action by the most expeditious means available and shall back charge Seller for the costs of the corrective action. The costs of such back charge shall be computed as follows: (i) all labor shall be charged at two (2) times the fully burdened straight-time labor cost and overtime labor will be charged at two (2) times the fully burdened straight-time labor cost plus the direct labor premium; (ii) materials, small tools and supplies as well as subcontracts shall be charged at net cost; (iii) equipment and tool rentals shall be charged using combined ownership and operating rates from the current Rental Rate Blue Book; and (iv) fifteen percent (15%) shall be added to items (ii) and (iii) above, to cover Contractor’s other costs such as overhead and administration. Contractor will submit invoices to Seller, with appropriate support, for the back charge and any other losses Contractor incurs as a result of the Defective Work. Seller will pay the back charge and other losses upon its receipt of the Final Payment, title to the Equipment shall pass to Purchaser free and clear not withstanding any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal use, as defined below, with the limited manufacturer's warranties for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not includedan invoice. If Purchaser does not Seller fails to make payment in full as provided in this agreement including any change orders or extras caused by unforeseen or concealed conditions or requests of the Purchaserpayment, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller shall have no obligation under this warranty in the event thatContractor may: (ai) the Equipment has been subject to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault of withhold an equivalent amount from any amount due Seller; or (bii) exercise the Equipment is used in combination or connection right of set-off with other equipment, attachments not approved in writing by respect to any sums Seller for use in combination or connection with the equipment; (c) installation, repair, replacement of parts, adjustment, service owes against any sums owed to, or security provided by, Seller and/or its affiliates under any other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same shall have been expressly authorized in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance contract with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this warranty shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during the stated warranty period. Normal Use for any Equipment is deemed to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICES, SALE, MATERIALS, SOLAR POWER SYSTEM, JOB, INSTALLATION OR THE WORK PERFORMED IN CONNECTION WITH THE SOLAR POWER SYSTEM.THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE LIMITED WARRANTIES. THE LIMITED WARRANTIES SUPERSEDE AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereinContractor and/or its affiliates.