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 A. Contractor warrants the Work for a period of three (3) years from the date of completion and acceptance of all Work, unless a longer period is specified elsewhere in the Contract or in an applicable municipal code or regulation, in which case the longer period shall apply: (i) as to services, that they shall be rendered competently and by qualified personnel in accordance with the best accepted practices in the industry and comply strictly with all specifications and performance requirements contained in the Contract; and (ii) as to materials, equipment, structures and other things, that they shall be new and free from defects in title, material, workmanship and design, conform strictly to all applicable specifications, and be suitable for their intended use. Contractor further warrants that upon receipt of the Final Payment, title to the Equipment Work shall pass to Purchaser free and clear not withstanding any lender(s) executed securitization of noted meet any and all Equipmenttests and comply strictly with all specifications and performance requirements contained in the Contract. Seller The warranty of good title shall provide Purchaser under normal usebe unlimited in time. B. In the event any part or all of the Work fails to satisfy any of these warranties, upon written notice thereof from Con Edison, Contractor shall, at no cost to Con Edison, promptly repair, replace, or reperform the defective Work, as defined belowdirected by Con ▇▇▇▇▇▇, and do whatever else is necessary to cause the Work to satisfy all of the aforesaid warranties. All work repaired, replaced or reperformed under the provisions of this Article shall be subject anew to this Article with the limited manufacturer's warranties warranty period commencing upon completion of the repair, replacement, or reperformance. If Contractor fails to correct any defective Work as aforesaid promptly after being notified thereof by Con ▇▇▇▇▇▇, then Con Edison may, at its option, either correct the defective work and charge Contractor for the solar modules, inverters costs and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from expenses it incurs in so doing or secure an equitable reduction in the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, Contract price based on all components its retention of the solar system defective Work. Any defective parts removed in connection with repair or replacement shall be disposed of by Contractor at its expense. C. In addition to repairs making the foregoing warranties, Contractor agrees to portions obtain, for the benefit of roofs directly affected by Con ▇▇▇▇▇▇, from any and all Subcontractors hereunder, the installation same warranties as those required 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 Contractor under this warranty Article and not to accept any warranties which are inferior in the event that: (a) the Equipment has been subject any respect to abuse, improper application, alteration, accident those required under this Article. D. All warranties made or negligence in use, storage, transportation or handlingobtained hereunder are made to, and such actions for the benefit of, Con Edison and O&R and may be enforced by or occurrences are not the fault on behalf of Seller; (b) the Equipment is used in combination either 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 both 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 Con ▇▇▇▇▇▇ 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 hereinO&R.

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 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 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: It is an organization financially sound and duly licensed, with adequate human resources, equipment, competence, expertise and skills necessary to provide fully and satisfactorily, within the stipulated completion period, all activities in accordance with this Agreement; It shall comply with all applicable laws, ordinances, rules and regulations when performing its obligations under this Agreement; In all circumstances it shall act in the best interests of IOM; No official of IOM or any third party has received from, will be offered by, or will receive from the 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 will maintain reasonable and appropriate organizational, administrative, physical, and 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 Implementing Partner 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 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 United Nations Security Council Consolidated 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 United Nations Security Council Consolidated 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 allegations and suspicions 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 Implementing Partner shall ensure that this requirement is included in all subcontracts. The Implementing Partner warrants that upon receipt 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 Final PaymentChild. The Implementing Partner shall immediately inform IOM of any allegation or suspicion that the following practice may have occurred or exist: fraudulent practice, title defined as any act or omission, including misrepresentation or concealment, that knowingly or recklessly misleads, or attempts to mislead, a natural or legal person in the procurement process or the execution of a contract party 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; corrupt practice defined as the offering, giving, receiving or soliciting, directly or indirectly, of anything of value to influence improperly the actions of another natural or legal person in the procurement process or in contract execution, such as through bribery; collusive practice defined as an arrangement between two or more bidders, or other natural or legal persons designed to achieve an improper purpose, including influencing improperly the actions of another natural or legal person or artificially altering the results of the procurement process to obtain a financial gain or other benefit; coercive practice defined as impairing or harming, or threatening to impair or harm, directly or indirectly, any natural or legal person or the property of any such person to influence improperly its actions or impact the execution of a contract; obstructive practice defined as acts or omissions intended to materially impede the exercise of IOM’s contractual rights of audit, investigation and/or access to information, including 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 Equipment investigation or from pursuing the investigation; unethical practice defined as a practice contrary to the IOM Unified Staff Regulations and Rules or UN Supplier Code of Conduct, such as those relating to conflict of interest, gifts, hospitality, post-employment provisions, abuse of authority, harassment, discriminatory or exploitative practices or practices inconsistent with the rights set forth in the Convention on the Rights of the Child; money laundering practice defined as the conversion or transfer of property knowing that such property is derived from any offence(s), for the purpose of concealing or disguising the illicit origin of the property or of assisting any persons who are involved in such offence(s) to evade the legal consequences of their actions. Property shall pass include, but not be limited to Purchaser free money. The Implementing Partner further warrants that it shall: Take all appropriate measures to prevent sexual exploitation and clear not withstanding any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal usesexual abuse (SEA), as those terms are defined belowin section 1 of ST/SGB/2003/13 (the “SG Bulletin”),1 and sexual harassment (SH), as that term is defined in section 1 of the UN System Model Policy on Sexual Harassment,2 by its employees or sub-contractors, consultants, interns or volunteers associated with or working on behalf of the limited manufacturer's warranties Implementing Partner to perform activities under this Agreement (“Associated Personnel”); accept and follow the standards of conduct listed in section 3 of the SG Bulletin; Promptly and confidentially report to IOM any allegations or suspicions of SEA or SH concerning its employees or Associated Personnel; promptly investigate any credible allegations of SEA or SH concerning its employees or Associated Personnel, and inform IOM of the outcome of such investigation; take appropriate corrective measures, including imposing disciplinary measures on any of its employees or Associated Personnel who has committed SEA or SH, and inform IOM of such corrective measures; Provide to IOM, on written request, all relevant information to determine whether the Implementing Partner has taken appropriate investigative and corrective action in cases of SEA or SH. Failure to take appropriate investigative or corrective action to the satisfaction of IOM shall constitute material breach of this Agreement; Ensure that the SEA and SH provisions contained in this Article are included in all sub-contracts related to this Agreement; Adhere to the provisions of this Article for the solar modulesduration of this Agreement. The Implementing Partner expressly acknowledges and agrees that breach by the Implementing Partner, inverters its employees or its Associated Personnel, of any provision contained in Articles 8.1, 8.2 or 8.3 of this Agreement constitutes a material breach of this Agreement and rackingshall entitle IOM to terminate this Agreement immediately on written notice without liability. Seller shall also provide Purchaser with In the event that IOM determines, whether through an investigation or otherwise, that such 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 laborbreach has occurred then, on all components of the solar system in addition to repairs its right to portions of roofs directly affected terminate the Agreement, IOM shall be entitled to recover from the Implementing Partner all losses suffered by IOM in connection with such breach. IOM shall have the installation of the solar system. Pre-existing conditions right to investigate any allegations (including but not limited to Structural SEA, SH, fraud and Electrical defects are corruption) involving the Implementing Partner, its employees or its Associated Personnel, notwithstanding related investigations undertaken by the Implementing Partner or national authorities. The Implementing Partner shall provide its full and timely cooperation with any such investigations. Such cooperation shall include, but shall not included. If Purchaser does not be limited to, the Implementing Partner’s obligation to make payment available its personnel and any relevant documentation for such purposes at reasonable times and on reasonable conditions and to grant access to the Implementing Partner’s premises at reasonable times and on reasonable conditions 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 equipmentsuch access to the Implementing Partner’s personnel and relevant documentation. The Implementing Partner shall require its agents, attachments including, but not approved in writing by Seller for use in combination or connection with limited to, the equipment; (c) installationImplementing Partner’s attorneys, repair, replacement of parts, adjustment, service , accountants or other work on the Equipment is performed advisers, to reasonably cooperate with any such investigations carried out 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 hereinIOM.

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 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. Seller warrants that all the Goods furnished hereunder shall: i) conform fully with all requirements of this Order; ii) conform to approved Plans and samples(s), if any; iii) unless detailed designs have been furnished by Buyer, be fit for the use intended by Buyer; and iv) be free from defects in material, workmanship, design and fabrication. In the case of latent defects, the Buyer’s rights to corrective action by Seller shall commence upon receipt ▇▇▇▇▇’s discovery of the Final Paymentlatent defect and notification of Seller thereof. a. If any failure appears, title Buyer shall have the right to take the following actions: i) retain such defective Goods and an equitable adjustment will be made in the Order price, or ii) reject such defective Goods and an equitable adjustment will be made in the Order price; or iii) reject such defective Goods and require Seller to promptly remove and repair or replace such defective Goods at Seller’s expense (including shipping costs), with risk of loss and damage for the rejected, corrected or replacement Goods while in transit to be borne by Seller; or iv) correct and replace such defective Goods with similar item(s) and recover the total cost (including shipping costs) thereof from Seller. Goods rejected shall be removed promptly by Seller at its expense and its risk. All costs and expenses (including, without limitation, reasonable attorney’s fees and expenses) and loss of value incurred by Buyer as a result of, or in connection to any defect/nonconformity and the repair, replacement or other correction or any Goods delivered hereunder may be recovered from Seller. b. Upon discovery of any defect or failure provided hereby, the following conditions shall apply: i) Buyer shall furnish written notice to Seller of the Goods involved and set forth the nature of the defect(s) or failure(s) discovered; ii) as required by ▇▇▇▇▇’s corrective action policies, after receipt by Seller of such notification, Seller shall provide in writing to Buyer the following information: i) Acknowledgment of the notification given by Buyer of the defect or failure, ii) the corrective action to be taken by Seller to remedy the defect or failure, iii) disposition instructions regarding the defective material or equipment, iv) the date that the defective Goods will be repaired, corrected or replaced as applicable and redelivered to the Equipment appropriate destination as directed by ▇▇▇▇▇, or v) with the advance approval of Buyer, submit a proposed price reduction to this Order for Buyer’s consideration pursuant to above. c. Approval by Buyer of Seller’s design or material used shall pass not relieve Seller from any obligations under the warranties set forth in this Article. d. Any Goods corrected or replaced pursuant to Purchaser free this Article shall be subject to all provisions of this Article to the same extent as Goods initially delivered. e. The aforesaid warranties shall survive acceptance and clear payment and shall run to Buyer, its customers and the users of these Goods and shall not withstanding any lender(s) executed securitization be deemed to be the exclusive rights of noted Buyer but shall be in addition to other rights of Buyer under law, equity, and the terms of this Order. f. The warranty shall survive inspection and payment. Seller shall indemnify Buyer and hold Buyer harmless from and against any and all Equipment. Seller shall provide Purchaser under normal useliability, as defined belowloss, with the limited manufacturer's warranties for the solar modulesdamages, inverters costs, claims and racking. Seller shall also provide Purchaser with a five expenses (5including, without limitation, reasonable attorney’s fees and expenses) year limited system warranty as measured that may be made against Buyer or that Buyer may incur, either directly or indirectly, by reason of or arising 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 hereinGoods furnished hereunder.

Warranties. Seller warrants that upon receipt the product(s) to be delivered will be of the Final Paymentkind and quality described in its quotation and that Purchaser shall take good and merchantable title. Services rendered shall be performed in a workmanlike manner and shall comply with industry standards and/or customer specifications. No other warranties, title to the Equipment express, or implied, shall pass to Purchaser free and clear not withstanding any lender(s) executed securitization of noted any and all Equipmentarise from this transaction. 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 If a five (5) year limited system warranty as measured deviation from the original date of installation specifications in the quotation appears within the warranty period, the Purchaser shall notify the Seller immediately. Upon notice and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, on all components confirmation of the solar system in addition defect, ▇▇▇▇▇▇ agrees to repairs to portions of roofs directly affected remedy, EXW Seller's facility (Incoterms 2020), all such defects by the installation repair or replacement of the solar systemdefective parts without charge. Pre-existing conditions including but The warranty shall not limited to Structural cover “in 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 out” charges, which shall remain the responsibility of the Purchaser, all warranties will be considered suspended . This warranty shall extend for a period of one (1) year from date of shipment unless otherwise mutually agreed by Seller and non-enforceable until full payment is received from the Purchaser. The warranty shall apply to products and parts manufactured or repaired by the Seller. Products which Seller shall have no obligation under this furnishes, but does not manufacture, carry only the warranty in of the event that: (a) the Equipment has been subject to abuse, improper application, alteration, accident original manufacturer of such products. Where other manufacturers’ or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault of Seller; (b) the Equipment is suppliers’ products 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 products prove defective, Seller’s regular business hours within a reasonable time following Purchaser’s requestliability shall exist only to the extent that Seller is able to recover for the defect from such manufacturers or suppliers. 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 THIS WARRANTY 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 OF ANY SORT, EXPRESS OR IMPLIED, INCLUDINGNOTWITHSTANDING ANY PURPORTED TERMS PRINTED ON ANY DOCUMENTS PREPARED BY PURCHASER IN CONNECTION WITH THE SALE. The warranty shall not apply to, WITHOUT LIMITATIONand Seller shall bear no responsibility for, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereinany product:

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. 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. A. Seller expressly warrants that upon receipt of the Final Payment, title to the Equipment shall all items sold to Buyer under this Purchase Order or services performed by or on behalf of Seller for Buyer under this Purchase Order will pass to Purchaser Buyer upon delivery to Buyer free and clear not withstanding of all liens, claims, security interests or encumbrances and that no materials, equipment or supplies incorporated into any lender(s) executed securitization items sold to Buyer or any services hereunder performed by or on behalf of noted Seller for Buyer hereunder will have been acquired by Seller subject to an agreement under which any interest therein or any encumbrance thereon is retained by the Seller thereof which will survive delivery to the Buyer. B. Seller expressly warrants that all items sold to Buyer hereunder and all Equipmentservices performed by or on behalf of Seller for Buyer hereunder shall conform to the specifications included or incorporated in this Purchase Order and that all items sold to Buyer hereunder shall be fit and sufficient for the purpose intended if Seller knows or has reason to know the intended use, of merchantable quality, and new and free from defects in materials or workmanship for a period of one (1) year from the date of delivery or completion of installation whichever is later. Seller further warrants that all work performed hereunder shall provide Purchaser under normal use, as defined below, with the limited manufacturer's warranties be free from all defects or workmanship and material for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five period of one (51) year limited system warranty as measured from the original date of installation acceptance of such work by ▇▇▇▇▇. All warranties shall survive inspections, test and subsequent approval to use from Local Township acceptance by Buyer, and Seller’s obligations under these warranties shall not be affected by inspection, test, acceptance or Utility whichever occurs first for parts and laboruse. If any such items or services are manufactured or provided by others than the Seller, on all components of the solar system Seller shall, in addition to repairs the warranties of same made by Seller as above provided, transfer and assign such warranties of the manufacturer or provider to portions Buyer. Seller agrees to replace or correct defects in any such items or services not conforming to the foregoing warranties made by it promptly, without expense to Buyer, upon notice by Buyer. In the event of roofs directly affected failure by Seller to correct defects in or replace nonconforming items or services promptly, Buyer, after reasonable notice to Seller, may make such correction or replacement and charge Seller for the costs incurred 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 hereinBuyer thereby.

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. A. Seller warrants that upon receipt all Products, including material and work, furnished pursuant to this Agreement shall be: (1) free of infringements of intellectual property rights of third parties; (2) free of defects in workmanship and material; (3) of the Final Paymenthighest grade and quality unless otherwise specified by ▇▇▇▇▇ in writing; (4) merchantable and fit for the particular purpose(s) intended by ▇▇▇▇▇, which purpose(s) Seller acknowledges are known to Seller; (5) in conformance with all specifications, drawings, descriptions or standards or samples published or otherwise furnished by Buyer; and (6) in conformance with all Customer warranties that relate to the Products or products into which the Products are incorporated. B. Seller warrants that all Products will comply with all industry standards and guidelines and all applicable laws, statutes, regulations, and orders in force in countries where Products and products equipped with such Products are to be used and/or sold and shall be in compliance with all other standards and agreements incorporated and made a part of this Agreement, including, without limitation, Buyer’s Supplier Quality Manual. Seller further warrants that for all Products under this Agreement, Seller shall convey good title to the Equipment shall pass to Purchaser Buyer, free and clear not withstanding of all liens, claims or other encumbrances. C. All warranties granted by Seller under this Agreement shall extend to Buyer and Buyer’s affiliates, successors, subsidiaries, Customers and any lender(s) executed securitization other users of noted any the Products or products equipped with such Products and all Equipment. Seller shall provide Purchaser under normal use, as defined below, with the limited manufacturer's warranties remain in effect for the solar modules, inverters and racking. Seller shall also provide Purchaser with a five longer of (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: (a1) 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 period provided 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 specificationslaw, or (e2) Purchaser fails the warranty period provided by Buyer to perform timely operating maintenance as specified its Customer. Notwithstanding the expiration of any warranty period, Seller shall remain liable for costs and damages associated with the conduct of (and the determination of whether to conduct) any recall campaign or other customer satisfaction or corrective service action initiated by Buyer or its Customer (whether voluntarily or pursuant to a government mandate) to the extent such recall campaign or other customer satisfaction or corrective service action is based upon the failure of any Products to conform to the warranties set forth in Seller’s Operator’s Manual. Repairs or replacements qualifying this Agreement. D. In addition to the other warranties stated herein, Seller warrants that any services to be performed by Seller under this warranty Agreement shall be performed on regularly business days by Seller, as an independent contractor, in a good and during Sellerworkmanlike manner. E. Seller warrants and guarantees that all equipment furnished by Seller in performance of this Agreement shall fully comply with the Federal Occupational and Safety Health Act, as amended, and all federal, state and local laws and regulations approved under such Act to the extent applicable to such equipment, and Seller agrees to indemnify Buyer and ▇▇▇▇▇’s regular business hours within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made during Customers from and against any claims, loss or liability arising from the stated warranty period. Normal Use for failure of such equipment to comply with 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 said laws as warranted.

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 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. 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 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 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. Notwithstanding inspection and acceptance by Purchaser of the Goods or payment, Seller hereby warrants that upon receipt for a period commencing on the date of delivery and ending one (1) year from the date of first operation of the Final PaymentFacility in which the Goods are installed, title all Goods will (I) be free from defects in materials, workmanship and design (to the Equipment shall pass extent design is furnished by or on behalf of Seller); (II) conform to Purchaser free all requirements of this Purchase Order, including all the specifications, drawings, samples or other descriptions referred to in this Purchase Order or furnished by Seller, and clear not withstanding any lender(sotherwise conform to generally accepted industry standards; (III) executed securitization comply with all Applicable Laws and regulations governing the design or manufacture of noted any such items; and all Equipment(IV) meet or exceed the performance standards set forth in this Purchase Order or, if no performance standards are included in the Purchase Order, then the Goods will meet or exceed Seller’s published specifications. Seller further warrants that all materials, goods, and equipment comprising the Goods shall provide Purchaser under be new and unused. This warranty does not include defects to the extent caused by (I) improper operation or maintenance, (II) normal usewear and tear, as defined belowabuse or misuse by Owner and/or Purcha- ser, with or (III) operation outside of the limited manufacturer's warranties for the solar modules, inverters and rackingprescribed performance spe- cifications. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from shall, at Seller’s expense, promptly repair or replace any Goods that fail to meet the original date of installation foregoing and subsequent approval to use from Local Township any resul- ting re-work 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 property damage caused by the installation of the solar systemdefective Goods or such repair or replacement. 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 In the event that: (a) the Equipment has been subject that Seller is unable or unwilling to abusetake corrective action, improper application, alteration, accident then Owner 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 may do so in accordance with Seller’s specifications, Article 10 (Back-charges). Any- thingwhich is repaired or (e) Purchaser fails replaced pursuant 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 requestwarranted for an additional period of one (1) year from the date of repair or replacement. All requests warranties provided herein shall extend and inure to the benefit of Owner and may be enfor- ced by Owner as if Owner were a party to this Purchase Order. Seller shall obtain, for warranty fulfillment must be made during the stated warranty period. Normal Use for any Equipment is deemed benefit of Purchaser and Owner, writ- ten warranties and guarantees which are consistent with and no less stringent than this Article 13 from its Sub-suppliers with respect to their materials, equipment, and workmanship 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 hereinincorporated into the Goods.

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 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 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 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 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 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. 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 5.1 Ortho warrants that any Products to be supplied to WFH hereunder will, upon receipt of the Final Paymentshipment, title to the Equipment shall pass to Purchaser free and clear not withstanding any lender(s) executed securitization of noted any and comply in all Equipment. Seller shall provide Purchaser under normal use, as defined below, respects with the limited manufacturer's warranties for Specifications and the solar modulesspecifications referred to in the Federal Food Drug and Cosmetic Act, 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 regulations issued pursuant to use from Local Township or Utility whichever occurs first for parts and laborthat Act, 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, regulations concerning current good manufacturing practices and the Quality System Regulations (as defined by the FDA)(the "QSR's"). The foregoing warranty shall not apply to Structural any Products that after delivery to WFH (i) has been tampered with or otherwise altered; (ii) has been subjected to misuse, negligence or accident; or (iii) has been stored, handled or used in a manner contrary to FDA or other governmental requirements or Ortho's written instructions or applicable industry practices or standards. Subject to the first sentence of this Section 5.1 and Electrical defects except as otherwise expressly provided herein, ORTHO MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO THE PRODUCT WHETHER USED ALONE OR IN COMBINATION WITH ANY OTHER MATERIAL. Ortho agrees to bear the direct, incremental out-of-pocket costs reasonably incurred by WFH due to the recall of any Product or seizure of any Product by appropriate governmental authorities as a result of a wrongful act or omission by Ortho, including without limitation negligence in manufacture or failure to comply with applicable regulations concerning good manufacturing practices and the QSR's. Ortho further represents and warrants that to the best of its knowledge, (x) the Trademark and the Product do not infringe any patent, trademark, service mark, ▇▇ade name, copyright, trade secret or other proprietary rights (collectively, Intellectual Property") of third parties in the Territory, and (y) it is the holder of all Intellectual Property necessary to perform its obligations hereunder. Ortho further agrees to notify WFH within twenty-four hours of receipt of notice from any source of any and all adverse reactions reported to Ortho and which were alleged to have been caused by any Product or similar products, or any other issues related to the design, materials, or workmanship of the Product or similar products reported to Ortho. 5.2 WFH warrants that it will comply with all laws, regulations and orders in the United States, respecting sale of the Products. Without limiting the generality of the foregoing, WFH specifically warrants that as of the commencement of the First Contract Year and thereafter during the term of this Agreement it will have in place an effective system for tracking Products in the event a recall is necessary. WFH further agrees to use its reasonable best efforts in the event of a recall to notify all Product purchasers of the recall and to facilitate retrieval of Products recalled. WFH further agrees to notify Ortho within twenty-four hours of receipt of 5.3 Ortho hereby agrees to protect, indemnify, defend and hold harmless WFH, its officers, directors, shareholders, Affiliates, agents and employees from and against any and all claims, demands, actions, causes of action or judgments of any kind, nature and description for injury to or death of any person or persons whomsoever, together with costs and expenses thereto, including reasonable attorneys' fees, arising out of any product liability claims to the extent that Ortho has breached its warranties set forth in Section 5.1 hereof. 5.4 WFH hereby agrees to protect, indemnify, defend and hold harmless Ortho, its affiliates, officers, agents and employees from and against any and all claims, demands, actions, causes of action or judgments of any kind, nature and description as a result of WFH's breach of any of its warranties contained herein and for any statement, representation or warranty made by WFH or any of its agents with respect to a Product or its use that is not first approved by Ortho in writing or that is not consistent with the statements, representations or warranties contained in the Product labeling or package insert. 5.5 Ortho and WFH agree to promptly notify each other of and cooperate with and assist each other in investigating and answering any customer and regulatory complaints and inquiries concerning any of the Products without prejudice as to which party which might be ultimately liable or responsible therefor. In connection therewith, each party will comply with the current Ortho-McNe▇▇ ▇▇▇plaint Procedures, as may be amended from time to time. 5.6 Except as set forth in Section 5.3 hereof, neither party shall, in any case, be liable to the other party for special, incidental or consequential damages arising from breach of warranty, breach of contract, negligence or any other legal theory. Such damages include, but are not included. If Purchaser does not make payment limited to, loss of profits or revenue, injury to business, cost of capital, cost of any substitute product, facilities or services, or claims of customers of either party for such damages. 5.7 The parties agree that WFH shall have no liability whatsoever for claims in full as provided in respect of any Products sold by Ortho and its Affiliates prior to the date of this agreement Agreement, including without limitation, any past or currently pending or threatened personal injury claims relating to the use of such products, and Ortho agrees to protect, indemnify, defend and hold harmless WFH, its officers, directors, shareholders, Affiliates, agents and employees from and against any and all claims, demands, actions, causes of action or judgments of any kind, nature and description arising from or relating to such matters. (a) Subject to Section 6.2(a)(vi) hereof, Ortho agrees that it shall use its reasonable best efforts to correct process revalidation issues raised by the FDA related to the Products, including any change orders or extras caused by unforeseen or concealed conditions or requests reformulation of the PurchaserProducts if Ortho in its sole discretion determines such reformulation to be necessary; provided that Ortho shall be responsible for all costs associated therewith; and, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller provided further, that Ortho shall have no obligation under with respect to the taking of such corrective action pursuant to this warranty Section 5.8 or otherwise in the event that: (a) that in the Equipment has been subject reasonable determination of Ortho the estimated cost of such corrective action would exceed $3,000,000 in the aggregate; and, provided further, that in the event of any recall or failure to abusesupply Product which is a result of Ortho's breach of any representation or warranty set forth in this Agreement, improper application, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault of Seller; parties shall agree to use good faith efforts to renegotiate the payments to be made under Section 3.1 hereof. (b) Each of the Equipment is used parties hereby agrees and acknowledges that any failure to supply Products by Ortho to WFH as a result of the process revalidation issues raised by the FDA related to the Products set forth in combination Section 5.8(a) above, shall not be deemed a breach of Ortho's obligation to supply Product to WFH pursuant to Article 2 hereof 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 hereinotherwise.

Warranties. Seller warrants that upon receipt the fulfilling of this contract, including all phases of the Final Paymentgrowing and/or manufacturing process of the goods, title to the Equipment shall pass to Purchaser free and clear does not withstanding constitute a violation of any lender(s) executed securitization of noted any and all Equipmentfederal, state or local law, or rule or regulation thereof. Seller shall provide agrees to defend and hold Purchaser under normal usecompletely harmless from any claims made against Purchaser arising out of any breaches of this warranty arising from any violation of federal, as defined belowstate or local law, with the limited manufacturer's warranties for the solar modules, inverters and rackingor rules or regulations arising out of Seller’s fulfillment of this contract. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from further warrants that 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: goods ordered hereunder are: (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; unencumbered; (b) to be delivered during 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; contract delivery period unless Purchaser agrees to change time of delivery; (c) installationfree from defects in workmanship and material and, repairin the case of edibles, replacement will be wholesome and fit for human and animal consumption and in compliance with the applicable provisions of partsevery federal, adjustmentstate and local law, service and rule and regulation thereof, or other work on foreign and domestic, and are in merchantable condition until they arrive at the Equipment is performed by Purchaserspecified destination, Purchaser’s customers or any third party, unless and are fit and sufficient for the same shall have been expressly authorized in writing by Seller; use intended; (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 conformity with Seller’s the specifications, samples or other descriptions furnished by Seller to Purchaser or designated by Purchaser; (e) grown or manufactured in a facility or under conditions which are free of any contamination, microbiological or otherwise, which contamination would undermine the merchantability of the goods or would place such goods in possible non-compliance with any federal, state or local law or regulations; and (f) consistent with any implied warranties mandated by the laws of the state of the address Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s Manualhas shown on the face of the contract. Repairs or replacements qualifying under this warranty The warranties of Seller together with its service warranties and guarantees shall be performed enforceable not only by the Purchaser but also by its assigns and each successive customer. In addition, Seller agrees to pass any warranty benefits to Purchaser that Seller receives from its suppliers of any item purchased hereunder. Neither Seller nor Purchaser intent that the commodities sold hereunder be grown 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 SERVICESspecific farm, 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 tract of land or guarantees beyond those provided hereinterritory.

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. 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 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. 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 9.1 Supplier warrants that upon receipt of the Final Payment, it has good and merchantable title to the Equipment shall pass Products and that the Products shall: (1) be free from defects in design (to Purchaser the extent that Supplier has furnished the design), materials, workmanship and performance; (2) be of merchantable quality and fit for the particular purpose for which the Products are sold; (3) comply with all MARELLI Drawings, Acceptance Drawings and Specifications; (4) be free and clear not withstanding any lender(s) executed securitization of noted any all liens 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 encumbrances; (5) year limited system warranty as measured comply with all Applicable Laws; and (6) comply with all other warranties implied or provided for by law. 9.2 All warranties shall extend to MARELLI for at least the time and mileage limitations of relevant Car Maker warranties. It remains understood that each Product shall be, in any case, guaranteed for not less than 48 (forty-eight) months starting from the original production date code as written, engraved or reported on each single Product, or in any case as reported by MARELLI Product traceability systems. Should, under any Car Makers’ general terms and conditions, MARELLI be requested to apply greater warranty periods, such warranty period shall apply in turn to the Supplier. Supplier shall reimburse MARELLI for all costs (including labor charges, cost of installation replacement Products, towing, dealer handling charges and subsequent approval to use from Local Township or Utility whichever occurs first for parts other expenses) incurred by MARELLI as a result of Supplier’s breach of any warranty. In addition, Supplier shall comply in all respects with the terms and labor, on all components conditions of the solar system Claim Compensation Procedure, which shall constitute an integral part of this Agreement. There are no exclusions, limitations, or disclaimers of warranties other than those that may be expressly recited in addition this Agreement. The warranties expressed in this Agreement shall be construed as consistent and cumulative with one another and with all other warranties, whether express, implied or statutory. 9.3 Supplier shall ensure the Product’s quantity compliance to repairs to portions of roofs directly affected by what is provided in Purchase Orders and/or in this Agreement and in the installation labelling on package. In case of the solar systemProduct’s quantity non-compliance, MARELLI shall have the right to, without prejudice to any rights or remedies allowed under Article 4, request Supplier to immediately provide any missing Products. Pre-existing conditions including but not limited MARELLI shall have the right to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement charge Supplier for any expenses (including any change orders or extras extra costs such as expediting costs for emergencies caused by unforeseen Supplier’s errors) and damages due to delayed or concealed conditions or requests missing delivery. 9.4 Unless otherwise agreed between MARELLI and Supplier, Supplier warrants that it is certified to IATF 16949 by an external certified body. 9.5 In case of Product defective and/or not conforming to the PurchaserSpecifications, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller MPA, the QASS and/or the Operating Regulations, MARELLI shall have no obligation under this warranty in the event that: (a) right to refuse 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 Product that have been expressly authorized in writing by Seller; (d) Purchaser has identified as defective or not provided electrical service conforming and MARELLI reserves the right to applicable electrical codesreturn, including a dedicated line for power supply and appropriate polarization and grounding as well as to request Supplier to replace, the refused Product, at Supplier’s expenses, without prejudice to any other right and/or remedy according to these Agreement and/or the Applicable law. 9.6 MARELLI reserves the right to verify the Products in accordance with Sellerthe standards issued by MARELLI from time to time, and demands to Supplier to work in self-certification and to deliver Products (herein after “Direct Acceptance”). 9.7 Even in case MARELLI conducts verification on in-coming Products, Supplier remains in any case fully responsible for the quality of the Products. 9.8 The condition of the Direct Acceptance can be temporarily suspended by MARELLI, because of specific problem or needs. In these cases, unless otherwise directed by MARELLI, as soon as Supplier receives notification of ‘Direct Acceptance’ suspension, Supplier agrees to commence delivery of the Products with the conformity declaration inside the box, and identify by an external label with “conformity declaration inside”. This status is maintained until MARELLI formally notifies the closing of temporary status. 9.9 Supplier agrees to ensure that the process capabilities shall satisfy automotive quality requirements to meet the “Zero Defect” target. 9.10 Supplier shall plan and perform periodical requalification to guarantee the conformity of the Products to the Specifications. 9.11 In case of crisis (e.g. line stops, recall campaigns, recurring quality issues, quality claims, including those from Carmaker), MARELLI may require Supplier to put in place a specific additional control, focused on the critical problem that have not been filtered by Supplier production process: Control Shipping ▇▇▇▇▇ ▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇ or Control Shipping ▇▇▇▇▇ ▇ (▇▇▇▇, ▇▇▇▇, ▇▇▇▇), being CSL2 and CSL3 applied through external certified body, the costs of which are borne by Supplier. 9.12 Supplier shall act, on MARELLI’s specificationsrequest, or (e) Purchaser fails at MARELLI’s facility with technical representatives, in order to perform timely operating maintenance as specified any or all of the following: sorting, return of stock, a preliminary joint analysis. 9.13 Supplier is responsible to apply and respect FIFO (First In First Out) and to plan the Products’ production in Sellercoherence with MARELLI’s Operator’s Manual. Repairs demand. 9.14 Supplier and MARELLI shall maintain an appropriate data tracking system. 9.15 Defective Products detected by MARELLI or replacements qualifying under this warranty shall received from Carmaker may be performed returned to Supplier for analysis and root cause understanding. 9.16 The standard analysis answer required is based on regularly business days the 8D report. 9.17 Lead Time (in working days) for detected problems and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests faulty parts analysis is defined according to the FAR Analysis (Failure Analysis Request). 9.18 Supplier agrees to provide maximum support and co-operation in the joint analysis 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 hereinfinal root cause investigation and understanding.

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 9.1 Supplier warrants that upon receipt of the Final Payment, it has good and merchantable title to the Equipment shall pass Products and that the Products shall: (1) be free from defects in design (to Purchaser the extent that Supplier has furnished the design), materials, workmanship and performance; (2) be of merchantable quality and fit for the particular purpose for which the Products are sold; (3) comply with all MARELLI Drawings, Acceptance Drawings and Specifications; (4) be free and clear not withstanding any lender(s) executed securitization of noted any all liens 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 encumbrances; (5) year limited system warranty as measured comply with all Applicable Laws; and (6) comply with all other warranties implied or provided for by law. 9.2 All warranties shall extend to MARELLI for at least the time and mileage limitations of relevant Car Maker warranties. It remains understood that each Product shall be, in any case, guaranteed for not less than 48 (forty-eight) months starting from the original production date code as written, engraved or reported on each single Product, or in any case as reported by MARELLI Product traceability systems. Should, under any Car Makers’ general terms and conditions, MARELLI be requested to apply greater warranty periods, such warranty period shall apply in turn to the Supplier. Supplier shall reimburse MARELLI for all costs (including labor charges, cost of installation replacement Products, towing, dealer handling charges and subsequent approval to use from Local Township or Utility whichever occurs first for parts other expenses) incurred by MARELLI as a result of Supplier’s breach of any warranty. In addition, Supplier shall comply in all respects with the terms and labor, on all components conditions of the solar system Claim Compensation Procedure, which shall constitute an integral part of this Agreement. There are no exclusions, limitations, or disclaimers of warranties other than those that may be expressly recited in addition this Agreement. The warranties expressed in this Agreement shall be construed as consistent and cumulative with one another and with all other warranties, whether express, implied or statutory. 9.3 Supplier shall ensure the Product’s quantity compliance to repairs to portions of roofs directly affected by what is provided in Purchase Orders and/or in this Agreement and in the installation labelling on package. In case of the solar systemProduct’s quantity non-compliance, MARELLI shall have the right to, without prejudice to any rights or remedies allowed under article 4, request Supplier to immediately provide any missing Products. Pre-existing conditions including but not limited MARELLI shall have the right to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement charge Supplier for any expenses (including any change orders or extras extra costs such as expediting costs for emergencies caused by unforeseen Supplier’s errors) and damages due to delayed or concealed conditions or requests missing delivery. 9.4 Supplier warrants that it is certified to IATF 16949 by an external certified body. 9.5 In case of Product defective and/or not conforming to the PurchaserSpecifications, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller MPA, the Quality Specifications and/or the Operating Regulations, MARELLI shall have no obligation under this warranty in the event that: (a) right to refuse 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 Product that have been expressly authorized in writing by Seller; (d) Purchaser has identified as defective or not provided electrical service conforming and MARELLI reserves the right to applicable electrical codesreturn, including a dedicated line for power supply and appropriate polarization and grounding as well as to request Supplier to replace, the refused Product, at Supplier’s expenses, without prejudice to any other right and/or remedy according to these Agreement and/or the Applicable law. 9.6 MARELLI reserves the right to verify the Products in accordance with Sellerthe standards issued by MARELLI from time to time, and demands to Supplier to work in self-certification and to deliver Products (herein after “Direct Acceptance”). 9.7 Even in case MARELLI conducts verification on in-coming Products, Supplier remains in any case fully responsible for the quality of the Products. 9.8 The condition of the Direct Acceptance can be temporarily suspended by MARELLI, because of specific problem or needs. In these cases, unless otherwise directed by MARELLI, as soon as Supplier receives notification of ‘Direct Acceptance’ suspension, Supplier agrees to commence delivery of the Products with the conformity declaration inside the box, and identify by an external label with “conformity declaration inside”. This status is maintained until MARELLI formally notifies the closing of temporary status. 9.9 Supplier agrees to ensure that the process capabilities shall satisfy automotive quality requirements to meet the “Zero Defect” target. 9.10 Supplier shallplan and perform periodical requalification to guarantee the conformity of the Products to the Specifications. 9.11 In case of crisis (e.g. line stops, recall campaigns, recurring quality issues, quality claims, including those from Carmaker), MARELLI may require Supplier to put in place a specific additional control, focused on the critical problem that have not been filtered by Supplier production process: Control Shipping ▇▇▇▇▇ ▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇ or Control Shipping ▇▇▇▇▇ ▇ (▇▇▇▇, ▇▇▇▇, ▇▇▇▇), being CSL2 and CSL3 applied through external certified body, the costs of which are borne by Supplier. 9.12 Supplier shall act, on MARELLI’s specificationsrequest, or (e) Purchaser fails at MARELLI’s facility with technical representatives, in order to perform timely operating maintenance as specified any or all of the following: sorting, return of stock, a preliminary joint analysis. 9.13 Supplier is responsible to apply and respect FIFO (First In First Out) and to plan the Products’ production in Sellercoherence with MARELLI’s Operator’s Manual. Repairs demand. 9.14 Supplier and MARELLI shall maintain an appropriate data tracking system. 9.15 Defective Products detected by MARELLI or replacements qualifying under this warranty shall received from Carmaker may be performed returned to Supplier for analysis and root cause understanding. 9.16 The standard analysis answer required is based on regularly business days the 8D report. 9.17 Lead Time (in working days) for detected problems and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests faulty parts analysis is defined according to the FAR Analysis (Failure Analysis Request). 9.18 Supplier agrees to provide maximum support and co-operation in the joint analysis 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 hereinfinal root cause investigation and understanding.

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. 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 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. 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 (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 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. 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, it shall have (i) thoroughly inspected the Equipment, (ii) determined for itself that all items of Equipment has been subject to abuseare in good condition, improper applicationworking order and repair and are of a size, alterationdesign, accident or negligence in use, storage, transportation or handling, capacity and such actions or occurrences are not the fault of Seller; manufacture selected by it and (biii) 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 MAKES NO WARRANTY OR REPRESENTATION, 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 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 Lessee agrees to look solely to the manufacturer or to suppliers of the Equipment for any and all warranty claims and any and all assignable warranties made by the manufacturer or the supplier to Lessor are hereby assigned to Lessee for the term of the applicable Lease 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 this Equipment or for the delay or inadequacy of any or all of the foregoing. Lessor shall not be responsible for any indirect, special or consequential loss or damage resulting from any cause whatsoever, whether arising as a result of tort, breach of contract or otherwise. (b) Lessee further represents, covenants and agrees that: (i) Lessee is a corporation duly incorporated, validly existing and in good standing under the laws of the jurisdiction of its incorporation and has all requisite corporate power and authority to give warranties enter into and perform this Lease and the documents related thereto. Lessee is duly qualified as a foreign corporation and is in good standing under the laws of each jurisdiction in which the conduct of its business or guarantees beyond those provided hereinthe ownership of its assets requires such qualification, including the jurisdiction where the Equipment will be located.

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 manufacturers, sellers 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 expressly warrants that all Items covered by or furnished pursuant to this Order will (i) conform to the specifications, drawings, samples and other description furnished or adopted by Purchaser, (ii) will be fit and sufficient for the purchase intended, merchantable, of good material and workmanship, and free from defect; and (iii) will be delivered free of all liens or claims of any nature and that Seller has good title to same. All Items received by Purchaser will be subject to Purchaser's inspection and rejection and rejected Items may be returned at Seller's risk and expense. The mere receipt of and/or payment for the Items covered by this Order will not be taken as an admission that the Items meet the above requirements, but a reasonable time will be allowed for Purchaser to make such determination. Purchaser may reject Items at a later time when it may be determined by usage that any item does not comply with the above requirements. In the event Purchaser discovers that any Item fails to conform with the above requirements, Purchaser will give written notice to Seller of the nonconformity. Promptly upon receipt of this notice, Seller, at its sole cost, will correct such non-conformity of the defective part or parts by repair or replacement, at Purchaser’s option. Seller warrants that upon receipt the Items supplied by Seller but manufactured by others will carry all warranties of the Final Payment, title manufacturer and that Seller will promptly assign such warranties to the Equipment shall pass to Purchaser free and clear not withstanding any lender(s) executed securitization of noted any and all EquipmentPurchase if permitted thereunder. Seller shall provide Purchaser under normal usefurther warrants that, as defined belowin performing any engineering and/or design services (“Engineering Services”), Seller will exercise that degree of skill commensurate with the limited manufacturerthat normally exercised by recognized professional engineering or services firms with respect to services of a comparable nature. Seller's warranties liability 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 any breach 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 include re-performance of the services affected by said breach at no expense to 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 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 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 (a) Contractor warrants to Owner that all Equipment and other items furnished under this Agreement by Contractor shall be new and of good quality, and shall be free from improper workmanship and defective materials. (b) Contractor warrants to Owner that (i) the Work will be performed in a good and workmanlike manner and according to Good Engineering Practices, (ii) the Facility will conform to and be designed, engineered and constructed in accordance with the Drawings, Scope of Work and other terms of this Agreement and contain the equipment, supplies and materials described in the Scope of Work. (c) Contractor reaffirms its warranties contained in the License Agreement. (d) Intentionally Left Blank. (e) Contractor warrants that upon receipt it shall remedy any breach of the Final Paymentpreceding warranties or any Defects, title as provided herein, that appear within a period of twelve (12) months from the Substantial Completion Date or eighteen (18) months from delivery of Equipment, whichever period expires first (“Warranty Period”), provided, however, that no Work completed prior to the Equipment achievement of Substantial Completion shall pass be considered warranty Work provided pursuant to Purchaser free and clear not withstanding any lender(s) executed securitization of noted any and all EquipmentArticle 12. Seller shall provide Purchaser under normal use, Except as defined provided below, with the limited manufacturer's warranties for the solar modulesContractor shall bear all costs of corrections and repairs. Owner shall notify Contractor of any warranty, inverters breach or any Defects reasonably promptly upon discovery. The provisions of this Section apply to Work done by Subcontractors and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty Vendors of Contractor 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 well as Work done directly affected by the installation of the solar system. Pre-existing conditions including but not limited to Structural and Electrical defects are not includedContractor. If Purchaser does not make payment and in full the event Owner notifies Contractor of a Defect within the Warranty Period, Contractor, at Contractor’s expense, shall perform all work necessary to remedy the breach of warranty or Defect as Owner’s sole remedy for such breach of warranty or Defect (as provided in this agreement including any change orders Section 12.02) and the repair or extras caused by unforeseen or concealed conditions or requests of the Purchaser, all warranties will replacement work performed to accomplish that purpose shall be considered suspended and nonsubject to an additional one-enforceable until full payment is received year express warranty from the Purchaser. Seller shall have date the repair or replacement is completed, but in no obligation under this warranty in the event that: beyond thirty-six (a36) 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; months after Mechanical Completion. (bf) 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 SET FORTH IN THIS AGREEMENT AND IN THE PURCHASER'S LICENSE 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) OR BASED ON STRICT LIABILITY, CONTRACT, TORT (INCLUDING NEGLIGENCE OF ANY NATURE, WHETHER SOLE OR CONCURRENT) OR OTHERWISE. Seller’s agents have no authority to give warranties or guarantees beyond those provided hereinTHE PRECEDING SENTENCE IS NOT INTENDED TO LIMIT THE OBLIGATIONS, RIGHTS AND REMEDIES OF THE PARTIES UNDER THIS AGREEMENT, EXCEPT TO THE EXTENT EXPRESSLY SET FORTH IN THIS AGREEMENT.

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. a. Seller represents, warrants and covenants that:‌ i. the Deliverables conform to all specifications, drawings, samples, descriptions and quality standards: (A) furnished or otherwise specified by INFRA, and (B) specified by INFRA in writing; ii. the Goods are merchantable, of good material and workmanship and free from any kind of defects in material and workmanship or other nonconformances, and conform with all safety, governmental, and reliability requirements of INFRA;‌ iii. the Goods will comply with all applicable laws and regulations, and upon request, Seller will provide written certification (in a form reasonably requested by INFRA) of such compliance; iv. the Goods, and the manufacture, importation, sale, resale, and use of the Goods do not infringe or violate any intellectual property right or other right of any third-party; v. it will perform the Services in a professional manner and in accordance with industry standards and the Services will conform to the specifications described in the applicable Order and will be free from defects in workmanship;‌ vi. it will abide by all applicable laws, regulations and, when on INFRA’s (or its customer’s) premises, INFRA’s (or its customer’s) safety rules, in the course of performing the Services; vii. Seller is aware of INFRA’s intended use of the Goods and warrants the Goods have been accordingly selected, designed, manufactured or assembled by Seller and will be fit and sufficient for the particular purposes intended by INFRA; viii. Seller has performed and will perform testing activities necessary or appropriate to ensure that upon the Deliverables are compliant with Seller’s obligations set forth in this Section 9; and‌ ix. as applicable, Seller will properly pack and load all Goods in suitable containers to prevent transit damage and tampering without further charge to INFRA for boxing, crating, cartage, or other freight or packaging related costs unless otherwise stated in the Order. b. Any Deliverables that do not comply with the above Section 9.a are considered as nonconforming. c. Unless otherwise set forth in an Order, Seller and not INFRA is responsible for supplying all other labour, tools, equipment, and materials necessary for Seller to provide the Services. d. Unless otherwise agreed to by INFRA and Seller in writing, the duration of the warranty provided by Seller to INFRA for the Deliverables will begin on the date of receipt of the Final Payment, title Goods by INFRA or the completion of the Services and acceptance by INFRA and end on the later of: (i) the date of expiration of any warranty period provided under applicable law for the Goods; (ii) expiration of any warranty applicable to the Equipment shall pass Deliverables provided by INFRA to Purchaser free INFRA’s end customer for which the Deliverables are used; or (iii) the expiration of any specific warranty period provided in the Order if any; and/or (iv) the expiration of any performance and clear not withstanding durability standard provided in any lender(s) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal use, as defined below, INFRA’s specifications or quality standards provided in connection with the limited manufacturer's Order. e. Without limiting INFRA’s other rights and remedies, including without limitation indemnification rights, Seller’s obligation to reimburse INFRA’s warranty claims due to Seller’s breach or failure to fully comply with these Terms or any warranties for the solar modulesor duties implied by law or otherwise made by Seller will be determined in accordance with INFRA’s applicable warranty terms to its customer. f. If Seller discovers or becomes aware that Seller’s Goods or its design or manufacturing processes or provision of Services do not comply or may potentially not comply with regulatory compliance requirements or these Terms, inverters and racking. Seller shall also provide Purchaser with a five will notify INFRA within twenty-four (524) year limited system warranty as measured from the original date hours of installation and subsequent approval to use from Local Township such discovery or Utility whichever occurs first for parts and labor, on all components of the solar system awareness. g. These warranties are in addition to repairs any warranties implied by law, in equity, or otherwise made by Seller and will survive delivery by Seller and acceptance and payment by INFRA. Furthermore, warranties and covenants apply to portions Deliverables whether supplied by Seller or Seller’s subcontractors or suppliers. h. These warranties will not be affected, limited, or discharged in any way by any approval, act, or omission of roofs directly affected INFRA. All warranties will run to and inure to the benefit of INFRA, its successors, assigns, and customers, and survive acceptance and use of any payment for the Deliverables. i. Without prejudice to other rights and remedies available to INFRA by law or contract, Seller will indemnify INFRA for costs associated with quality-issue investigation and containment to 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 extent caused by Seller’s acts or omissions 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 hereinSection 10.

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 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 9.1 Supplier warrants that upon receipt of the Final Payment, it has good and merchantable title to the Equipment shall pass Products and that the Products shall: (1) be free from defects in design (to Purchaser the extent that Supplier has furnished the design), materials, workmanship and performance; (2) be of merchantable quality and fit for the particular purpose for which the Products are sold; (3) comply with all MARELLI Drawings, Acceptance Drawings and Specifications; (4) be free and clear not withstanding any lender(s) executed securitization of noted any all liens 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 encumbrances; (5) year limited system warranty as measured comply with all Applicable Laws; and (6) comply with all other warranties implied or provided for by law. 9.2 All warranties shall extend to MARELLI for at least the time and mileage limitations of relevant Car Maker warranties. It remains understood that each Product shall be, in any case, guaranteed for not less than 48 (forty-eight) months starting from the original production date code as written, engraved or reported on each single Product, or in any case as reported by MARELLI Product traceability systems. Should, under any Car Makers’ general terms and conditions, MARELLI be requested to apply greater warranty periods, such warranty period shall apply in turn to the Supplier. Supplier shall reimburse MARELLI for all costs (including labor charges, cost of installation replacement Products, towing, dealer handling charges and subsequent approval to use from Local Township or Utility whichever occurs first for parts other expenses) incurred by MARELLI as a result of Supplier’s breach of any warranty. In addition, Supplier shall comply in all respects with the terms and labor, on all components conditions of the solar system Claim Compensation Procedure, which shall constitute an integral part of this Agreement. There are no exclusions, limitations, or disclaimers of warranties other than those that may be expressly recited in addition this Agreement. The warranties expressed in this Agreement shall be construed as consistent and cumulative with one another and with all other warranties, whether express, implied or statutory. 9.3 Supplier shall ensure the Product’s quantity compliance to repairs to portions of roofs directly affected by what is provided in Purchase Orders and/or in this Agreement and in the installation labelling on package. In case of the solar systemProduct’s quantity non-compliance, MARELLI shall have the right to, without prejudice to any rights or remedies allowed under Article 4, request Supplier to immediately provide any missing Products. Pre-existing conditions including but not limited MARELLI shall have the right to Structural and Electrical defects are not included. If Purchaser does not make payment in full as provided in this agreement charge Supplier for any expenses (including any change orders or extras extra costs such as expediting costs for emergencies caused by unforeseen Supplier’s errors) and damages due to delayed or concealed conditions or requests missing delivery. 9.4 Unless otherwise agreed between MARELLI and Supplier, Supplier warrants that it is certified to IATF 16949 by an external certified body. 9.5 In case of Product defective and/or not conforming to the PurchaserSpecifications, all warranties will be considered suspended and non-enforceable until full payment is received from the Purchaser. Seller MPA, the QASS and/or the Operating Regulations, MARELLI shall have no obligation under this warranty in the event that: (a) right to refuse 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 Product that have been expressly authorized in writing by Seller; (d) Purchaser has identified as defective or not provided electrical service conforming and MARELLI reserves the right to applicable electrical codesreturn, including a dedicated line for power supply and appropriate polarization and grounding as well as to request Supplier to replace, the refused Product, at Supplier’s expenses, without prejudice to any other right and/or remedy according to these Agreement and/or the Applicable law. 9.6 MARELLI reserves the right to verify the Products in accordance with Sellerthe standards issued by MARELLI from time to time, and demands to Supplier to work in self-certification and to deliver Products (herein after “Direct Acceptance”). 9.7 Even in case MARELLI conducts verification on in-coming Products, Supplier remains in any case fully responsible for the quality of the Products. 9.8 The condition of the Direct Acceptance can be temporarily suspended by MARELLI, because of specific problem or needs. In these cases, unless otherwise directed by MARELLI, as soon as Supplier receives notification of ‘Direct Acceptance’ suspension, Supplier agrees to commence delivery of the Products with the conformity declaration inside the box, and identify by an external label with “conformity declaration inside”. This status is maintained until MARELLI formally notifies the closing of temporary status. 9.9 Supplier agrees to ensure that the process capabilities shall satisfy automotive quality requirements to meet the “Zero Defect” target. 9.10 Supplier shall plan and perform periodical requalification to guarantee the conformity of the Products to the Specifications. 9.11 In case of crisis (e.g. line stops, recall campaigns, recurring quality issues, quality claims, including those from Carmaker), MARELLI may require Supplier to put in place a specific additional control, focused on the critical problem that have not been filtered by Supplier production process: Control Shipping Level 1, Control Shipping Level 2 or Control Shipping Level 3 (CSL1, CSL2, CSL3), being CSL2 and CSL3 applied through external certified body, the costs of which are borne by Supplier. 9.12 Supplier shall act, on MARELLI’s specificationsrequest, or (e) Purchaser fails at MARELLI’s facility with technical representatives, in order to perform timely operating maintenance as specified any or all of the following: sorting, return of stock, a preliminary joint analysis. 9.13 Supplier is responsible to apply and respect FIFO (First In First Out) and to plan the Products’ production in Sellercoherence with MARELLI’s Operator’s Manual. Repairs demand. 9.14 Supplier and MARELLI shall maintain an appropriate data tracking system. 9.15 Defective Products detected by MARELLI or replacements qualifying under this warranty shall received from Carmaker may be performed returned to Supplier for analysis and root cause understanding. 9.16 The standard analysis answer required is based on regularly business days the 8D report. 9.17 Lead Time (in working days) for detected problems and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests faulty parts analysis is defined according to the FAR Analysis (Failure Analysis Request). 9.18 Supplier agrees to provide maximum support and co-operation in the joint analysis 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 hereinfinal root cause investigation and understanding.

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 ▇▇▇▇▇▇▇ Controls, Inc. shall be free from defects in material and workmanship arising from normal usage for a period 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 included90 days. If Purchaser does not make payment in full as provided in this agreement including any change orders JCI installs or extras caused by unforeseen or concealed conditions or requests furnishes a piece 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 equipment 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 handlingAgreement, and that equipment is covered by a warranty from a manufacturer other than JCI, JCI will transfer the benefits of that manufacturer’s warranty, if any, to Customer and such actions or occurrences warranty remedies are not the fault of Seller; (b) the Equipment is used exclusive for that equipment. 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 to give and specifically disclaims all representations or warranties that the services, products, software or guarantees beyond those provided hereinthird party product or software will be secure from cyber threats, hacking or other similar malicious activity.

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 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 The Contractor warrants that upon receipt of services furnished hereunder shall be rendered competently by qualified personnel and in accordance with the Final Payment, title to the Equipment best accepted practice. The Contractor also warrants that services furnished hereunder shall pass to Purchaser free and clear not withstanding any lender(s) executed securitization of noted meet any and all Equipmenttests and conform strictly to all specifications and comply strictly with all performance requirements contained in the Contract. Seller The Contractor further warrants any goods furnished hereunder in connection with such services to be new and free from defects in title, design, material, fabrication and workmanship, to conform strictly to any applicable samples and to specifications, drawings and other descriptions herein. Should any failure to meet any of the warranties stated herein appear within eighteen (18) months of the completion of all services rendered hereunder, the Contractor shall provide Purchaser under normal use, upon notice by Con Edison reperform the services and replace or repair any goods not conforming to the foregoing warranties promptly and without expense to Con Edison. In the event of failure of the Contractor promptly to remedy as defined below, with aforesaid any breach of warranty Con Edison may correct the limited manufacturer's deficiencies and charge the Contractor the cost thereof. The aforesaid warranties shall survive acceptance of and payment for the solar modulesservices furnished hereunder. After any such services have been redone and materials or articles replaced or repaired pursuant to the foregoing warranties, inverters and rackingthey shall be subject anew to the foregoing warranties. 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 All warranties made 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 obtained hereunder 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 handlingmade to, and such actions for the benefit of, Con Edison and O&R and may be enforced by or occurrences are not the fault on behalf of Seller; (b) the Equipment is used in combination either 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 both 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 Con ▇▇▇▇▇▇ 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 O&R. THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S SET FORTH ABOVE 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 OR GUARANTEES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, (EXCEPT WARRANTIES OF TITLE). THE 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 EXPRESSLY EXCLUDED.

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 The Contractor warrants that upon receipt to the Agency that: all Work will be performed in accordance with this Agreement and conform to the Standard of Care; and all Construction Work, including all materials and ECM Installations furnished as part of the Final PaymentConstruction Work, title to will be new (unless otherwise specified in Schedule A (Scope of Construction Work), of good quality, free of defects or deficiencies in materials and workmanship and will be fit for its intended purpose. The foregoing warranties (the Equipment shall pass to Purchaser free and clear not withstanding any lender(s“Warranties”) executed securitization of noted any and all Equipment. Seller shall provide Purchaser under normal useare exclusive and, 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 except as provided in this agreement Section 8.2(b) below, expressly given in lieu of all other warranties, whether statutory, oral or implied (including any change orders warranties of fitness for particular purpose, merchantability, custom or extras caused usage or otherwise), the existence of which are hereby disclaimed by unforeseen or concealed conditions or requests of the Purchaser, all warranties Contractor and waived by the Agency. The Warranties with respect to each Construction Unit will be considered suspended effective for a period of two years following the Construction Unit Completion Date for such Construction Unit (the “Warranty Period”); provided that the Construction Unit is operated 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 maintained in accordance with Seller’s specifications, or (e) Purchaser fails to perform timely operating maintenance as specified in Seller’s Operator’s the ECM Installations Operation Manual. Repairs Defects. Following the discovery during the Warranty Period with respect to a Construction Unit of a defect or replacements qualifying under this warranty shall be performed on regularly business days deficiency that is covered by the foregoing warranties (in either case, a “Defect”), the Contractor shall, as soon as practicable without materially interfering with the activities at the Agency Facilities, (i) correct such deficiency by, at its option, redesigning, repairing or replacing the defective Construction Work and during Seller’s regular business hours (ii) demonstrate to the reasonable satisfaction of the Agency, by testing or otherwise, that the deficiency has been corrected. If the Contractor fails within a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made the discovery of any Defect during the stated warranty periodWarranty Period and, after receipt of written notice from the Agency to begin, and to continue with diligence and promptness, to cure such Defect, the Agency may, without prejudice to any other remedy it may have and without the requirement to exercise any other remedy, cure such Defect. Normal Use In such case, the Contractor will be liable to the Agency for the reasonably documented costs of correcting such Defect, together with interest thereon from the date incurred at the Late Payment Rate. The Contractor shall pay such amounts within 15 days of the Agency’s written demand therefor. The exercise by the Agency of any Equipment is deemed of its rights under this subsection (b) will not diminish any of the Contractor’s obligations hereunder or any other rights or remedies available 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 the Agency at law or guarantees beyond those provided hereinin equity.

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 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) Where the Equipment has been subject Contractor provides goods under this Agreement, the Contractor warrants that: (i) the goods conform to abusethe specifications, improper application, alteration, accident drawings or negligence in use, storage, transportation other descriptions attached hereto or handlingas furnished by Cenovus, and such actions will perform as specified therein; (ii) the goods will be new, of good material and workmanship and be free from defects in design, materials and workmanship, and be reasonably fit for the purpose intended, notwithstanding that the goods are described by a patent or occurrences trade name; and (iii) the goods are not free of any liens, encumbrances or claims and Contractor has full right and authority to sell the fault of Seller; goods as specified in this Purchase Order. (b) Contractor shall, at its expense, either repair, or at Cenovus's option, replace, any of the Equipment is used goods furnished hereunder and accepted by ▇▇▇▇▇▇▇ in combination which defects in workmanship, materials or connection with other equipmentdesign are discovered within twelve (12) months after operational start-up or within eighteen (18) months after delivery, attachments whichever occurs first. At Cenovus's option, Contractor shall repair or bear the cost of repairing any damage caused by any such defect. Repairs shall be done at Cenovus's convenience and, at Cenovus's option, on its premises unless the repairs are of such of a nature as to require repair facilities that cannot approved in writing by Seller be made available on Cenovus's premises. Contractor shall re-perform any performance tests that may be required for use in combination the achievement of any performance guarantees. All repairs shall be done expeditiously and within a time frame acceptable to Cenovus. All expenses attendant upon such repair or connection with replacement, including any freight, custom duties, and brokerage fees shall be for Contractor's account. The foregoing warranties shall apply to all repairs or replacements. Contractor shall assign to Cenovus all subsisting assignable warranties relating to the equipment; goods. If any such warranties are not assignable, Contractor will take such action, at its own expense, as Cenovus may reasonably request to enforce any such warranties. (c) installationWhere the Contractor provides services under this Agreement, repairthe Contractor warrants that all services will be performed expeditiously in a careful, replacement diligent and professional manner, in accordance with the standard of parts, adjustment, service , or other work on care normally exercised by contractors performing similar services in Canada and in accordance with the Equipment is performed by Purchaser, PurchaserContractor’s customers or any third party, unless the same shall have been expressly authorized in writing by Seller; expertise. (d) Purchaser has not provided electrical service conforming to applicable electrical codesContractor shall, including a dedicated line for power supply at its expense, after notice from Cenovus, and appropriate polarization and grounding in accordance with Seller’s specificationsat ▇▇▇▇▇▇▇'s option: (i) re-perform any deficient services; and (ii) remedy any defect or damage resulting from the deficient performance of any services; or (iii) bear the costs of re-performance of the deficient services, or remedying any resulting defect or damage. (e) Purchaser fails The warranty period with respect to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this the provision of services shall expire twelve (12) months after the completion of the services. (f) The foregoing warranty periods for goods and services shall be performed extended by the time during which Cenovus is unable to use any of the goods or take advantage of the services by reason of defects or deficiencies which Contractor is required to repair, replace or re-perform. The Contractor's obligation to repair, replace or re-perform shall extend to defects or deficiencies in any goods or services which were revealed 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 Cenovus's examination prior 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 hereinacceptance.

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. 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. 13.1 Unless otherwise expressly stipulated in the offer or acceptance of the Order, the Seller warrants that upon receipt the Services performed by it in respect of defects and errors in workmanship and commissioning (where this is its responsibility) for a period of three months from the date of acceptance of the Final PaymentServices, title whether express (passing final inspection agreed between the Seller and the Buyer and execution by the parties on the agreed dates) or implied (seven (7) days), whether this is express (passing of the final inspection agreed between the Seller and the Buyer and subscription by the parties of the relevant written/written acceptance of the Services on the agreed dates), or tacit (seven (7) calendar days after completion of the performance of the Services, without written communication from the Buyer to the Equipment Seller indicating any non-conformity attributable to the Seller; by use or failure to carry out tests or under any of the circumstances indicated in clause 12.4). 13.2 The warranty expressed in section 13.1 consists of the repair of the errors and defects that have been recognized as such in the Services performed. Repairs shall pass be made at Seller's shops or at the place where the Services were originally performed, at Seller's option. The Buyer shall be responsible for the dismantling, packaging, loading, transport, customs, taxes, etc. caused, if applicable, by the shipment of the defective material to Purchaser free the Seller's workshops and clear its return to the Buyer. 13.3 Repairs during the warranty period may be carried out directly by the Seller or by a contractor of the Seller, the Seller in any case being responsible for the correct execution of the work. 13.4 Repairs to specific elements or systems do not withstanding any lender(s) modify the end date of the warranty period of the Service executed securitization as a whole, which is the date indicated in section 13.1. However, the specific item or system repaired is warranted for three months from the date of noted any completion of the repair. 13.5 Damage or defects due to normal wear and all Equipmenttear caused by use of the equipment are excluded from the warranty. Seller shall provide Purchaser under normal Furthermore, damage and effects caused by inadequate conservation or maintenance, attempted rectification or modification of the equipment or systems, erroneous or negligent handling, repairs and/or manipulations carried out by personnel outside the Seller's organization, abusive use, use of inadequate liquids and gases, as defined belowwell as inadequate flow or pressure, with variations in the limited manufacturer's warranties for quality of the solar moduleselectrical supply (voltage, inverters and racking. Seller frequency, disturbances) and, in general, any cause not attributable to the Seller, are excluded from the guarantee, which 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 to have expired. 13.6 Furthermore, the Purchaser. Seller warranty shall be deemed to have no obligation under this warranty expired if, in the event that: (a) that the Equipment has equipment or systems which have been the subject to abuse, improper application, alteration, accident or negligence in use, storage, transportation or handling, and such actions or occurrences are not of 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 Services have been commissioned with the equipment; (c) installationassistance of the Seller's personnel, repairsuch equipment or systems are commissioned without such assistance or if, replacement in the event of partsa breakdown, adjustmentno measures are taken to mitigate the damage. 13.7 Notwithstanding the provisions of the previous sections of this clause, service , the Seller shall not be liable in any case for defects in the equipment or other work on the Equipment is performed by Purchaser, Purchaser’s customers or any third party, unless the same shall systems which have been expressly authorized the subject of the Services for a period of more than six (6) months from the beginning of the period indicated in writing by Seller; (d) Purchaser has not provided electrical service conforming to applicable electrical codessection 13.1. 13.8 The warranties set forth in this clause are exclusive and in lieu of all other warranties expressed or implied, written or oral, including any warranty of merchantability or fitness for 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 hereinparticular purpose.

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. 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. If JCI installs or furnishes a piece of equipment under this Agreement, JCI warrants that upon receipt equipment labeled JCI 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 no authority to give warranties or guarantees beyond those provided hereinPARTICULAR

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 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 (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. 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 ▇▇▇▇▇▇ 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. 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 warrants that upon receipt If, and to the extent, ▇▇▇▇▇▇▇▇ 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. Seller A. Consultant warrants that upon receipt all equipment , materials, and labor furnished or performed under the Agreement shall be satisfactory for their intended purposes, shall be free from liens or other encumbrances and shall be free of all defects in the design, materials, and workmanship for a period as d efined herein, regardless of whether the same were furnished or performed by Consultant or by any of its subcontractors of any tier. Any defect in any such equipment, materials or labor during the applicable warranty period, due to defective design, equip ment, materials, or workmanship shall be redesigned, repaired or replaced within a time period and in a manner acceptable to SANDAG. B. Neither inspection, testing nor acceptance by SANDAG or CalTrans of materials or work performed, nor final acceptance, pa rtial or final payment, nor any provision of this Agreement shall relieve Consultant from the responsibilities defined in this article. C. The goods and services provided hereunder and any associated equipment delivered hereunder are subject to the following warranties: Consultant warrants that the services to be provided hereunder shall be in accordance with the Scope of Work attached to this Agreement as Exhibit A, shall be performed in a professional manner and shall reasonably conform to customary practi ces and quality of similar services provided in Consultant’s industry. Consultant agrees to re -perform, in a timely manner, at no additional cost to SANDAG, any service provided hereunder which does not reasonably conform to such standards. Consultant war rants that the equipment sold hereunder shall be free from defects in material and workmanship and conform to the applicable specifications as set forth under the Scope of Work attached to the Agreement. Consultant agrees to repair or replace at its discr etion, in a timely manner and without charge, any such equipment which is defective as to design, workmanship or material provided: Notice of the Final Paymentclaimed defect is given to Consultant within the applicable warranty period. Such equipment shall not be deeme d to be defective, title if, due to exposure to any condition in excess of those published in the applicable specification, it shall fail to operate in a normal manner. Consultant’s obligations with respect to such equipment are conditioned upon the proper insta llation and operation of such equipment by SANDAG in accordance with Consultant’s written directions. The warranty hereunder shall be void as to the Equipment particular piece of equipment if such equipment is altered or a repair is attempted or made by other than C onsultant or Consultant’s authorized service center, or with written authorization or pursuant to the terms of this Agreement, by SANDAG or CalTrans. D. Consultant warrants that any software delivered hereunder, either embedded in equipment described herein or specifically designed for use in or with such equipment, will substantially provide the function(s) set forth in the applicable specifications. Consultant shall, at its option, without charge, revise or replace such nonconforming software, provided: Notice of the claimed defect is given Consultant within the applicable warranty period. Software shall pass not be deemed to Purchaser free be defective if the software or the medium is exposed to any computer virus or to any condition in excess of those published in the applicable specifications(s). Consultant’s obligations are conditioned upon the proper installation and clear not withstanding operation of software and the host medium in accordance with Consultant’s written instructions. The warranty stated herein shall be void as to the software af fected if such software (or its host medium) is altered (or alterations are attempted) by other than Consultant or Consultant’s authorized service center. E. All equipment provided in any lender(s) executed securitization portion of noted any this Project shall be new products. Any commercial off - the-shelf software shall be new and all Equipment. Seller the latest appropriate release versions and shall have been obtained specifically for this Project. F. Consultant shall provide Purchaser under normal use, as defined below, with the limited manufacturer's warranties for the solar modules, inverters comprehensive and racking. Seller shall also provide Purchaser with a five (5) year limited system continuing warranty as measured from the original date of installation repair and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, restoration services on all components aspects of the solar system in addition to repairs to portions of roofs directly affected by the installation of the solar system. Pre-existing conditions delive red equipment, including but not limited to Structural hardware and Electrical defects are software products, for a period of one year following the completion of the Acceptance Test Procedure and final acceptance by SANDAG or its authorized representative. Any warranty from a subcontracto r or supplier to Consultant, which exceeds this time period, shall be extended to SANDAG for the same period of time as given to Consultant. G. Consultant shall provide a warranty “ hotline” telephone, e -mail, and/or fax notification numbers that SANDAG and Caltrans may use to contact and report system and/or component operational problems and/or failures. By no later than 24 hours after the initial notification at any time, 7 days a week, a knowledgeable representative of Consultant shall make a telephone c all to the appropriate SANDAG or Caltrans contact person to address the specific situation and begin a warranty service action. Consultant shall provide at least one field service technician on its San Diego work site seven days a week who will respond ope rational failures and/or problems within 24 hours throughout the warranty period. Additional personnel shall be provided on an as -needed basis to prevent a backlog of warranty repair work and ensure a level sufficient to maintain revenue service requireme nts for vehicles with allowance for special events. Consultant shall be responsible for maintaining an adequate supply of spare parts to keep all equipment operational and available for service during the warranty period. H. It is understood and agreed that time is of the essence with respect to all corrective work to be undertaken pursuant to the warranty herein contained, and Consultant shall promptly commence corrective work upon receipt of written notice from SANDAG. Consultant shall diligently pursue such corrective work to completion. I. Consultant is responsible for all warranty covered repair work. SANDAG shall provide Consultant with warranty claim and failure information on the nature and conditions of the failure in a format and in a level of detail recommended by Consultant and approved by SANDAG. SANDAG will provide Consultant said written notice with reasonable promptness, but in any event not includedlater than ten days after observing the defect or failure. If Purchaser does not make payment in full as provided Unless otherwise directed in this agreement including any change orders or extras caused notice, Consultant shall commence corrective work at the time specified by unforeseen or concealed conditions or requests SANDAG, but in no event later than twenty -four (24) hours after notification of the Purchaserdefect or failure. J. Consultant shall perform such tests as SANDAG may require to verify that any redesign, all warranties will repairs and replacements comply with the requirements of the Agreement documents. All costs associated with such redesign, repair, replacement, and testing, including removal, replacement, and reinstallation of equipment and materials necessary to gain a ccess, shall be considered suspended borne by Consultant. All transportation and non-enforceable until full payment is received from the Purchaser. Seller shipping costs for defective and replacement parts under warranty shall be paid for by Consultant. K. To prevent delays and disruption to SANDAG's or CalTrans’ operations, SANDAG shall have no obligation under this the right, when practical and feasible, in its opinion, to the continued use of any such goods, equipment, systems, and work deemed defective or unsatisfactory, until they can be taken out of service pursuant to the corrective work hereby undertaken by Consultant . L. During the warranty in period(s) SANDAG and CalTrans are authorized by the event that: (a) Consultant to commence repair and/or replacement of defective hardware and software products delivered hereunder by the Equipment Consultant after the Consultant has been subject notified of the defe ct and the Consultant has advised SANDAG or the Stakeholder that it cannot respond within the response timeframes stated hereunder or if Consultant fails 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) installationperform necessary redesign, repair, replacement of parts, adjustment, service , or testing within the timeframes stated in this art icle. If Consultant responds to a request to cure a defect or other work on operational failure or problem with hardware within 24 hours but is unable fully resolve the Equipment is defect, failure or problem within 24 hours, Consultant shall have up to 15 days to fully res olve the defect, failure or problem. All such resultant repair and/or replacement by SANDAG, a Stakeholder or other authorized representative shall be 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 qualified maintenance personnel in accordance with Seller’s specificationsthe operation and maintenance manuals tha t must be furnished by the Consultant. M. Consultant will be responsible for reimbursement or replacement of any parts required for the repair. Consultant shall also reimburse SANDAG for all of its direct labor costs, as determined by multiplying the number of man -hours actually required to correct the defect by a per hour, straight wage rate and an overhead rate of 1.75. N. Replacement parts and repairs provided pursuant to corrective work hereunder shall be subject to prior approval by SANDAG and shall be t endered and performed in the same manner and extent as items originally delivered. Consultant warrants such redesigned, repaired or replaced work against defective design, materials, and workmanship for the remainder of the warranty period of the replaced part, or a period of six months from the date of acceptance of the new (eor repaired) Purchaser part, whichever occurs later. O. Once any single item provided by Consultant hereunder fails to perform timely operating maintenance as specified in Seller’s Operator’s Manual. Repairs or replacements qualifying under this for a third time for the same fault at any point during the warranty period, the item shall be performed designated as “ Faulty 3 Times.” This item shall be replaced with a new unit by Consultant and the replaced item shall never be returned to service in this or any future SANDAG project. Consultant shall warrant any such replacement item for the remainder of the original applicable warranty period or six months from acceptance of the new item, whichever occurs later. P. An “ unacceptable failure” is defined as any single failure 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 single piece of equipment or software, or component thereof th at develops during the stated item's warranty period and affects forty percent (20%) of the total population of such items accepted into service by SANDAG or a Stakeholder in any twelve month period. The minimum number of failures for such an item shall be three . In the case of an unacceptable failure, Consultant shall immediately assign qualified personnel to investigate the cause of the failure. Within three months of the declaration and notification of an unacceptable failure, Consultant shall implement appro ved repairs, adjustments or redesign and replacement, at no cost to SANDAG. Such correction shall be to SANDAG's satisfaction and shall include correction to all such items, not just those on which a failure has occurred, including those items for which t he warranty period has expired. Q. Consultant warrants that the equipment it sells to SANDAG will perform substantially in compliance with the representations in Consultant’s proposal and any amendments thereto. No other warranties other than those set forth in this Agreement shall be applicable to goods and equipment provided during the warranty period. Normal Use The warranties provided in this article shall constitute SANDAG’s sole right and remedy under this Agreement for any Equipment is deemed warranted goods and equipment during the war ranty period. R. The rights and remedies of SANDAG under this article are not intended to be continuousexclusive and shall not preclude the exercise of any other rights or remedies provided for in the Agreement, or by law or otherwise. Purchaser agrees Consultant shall supply only pro ducts and equipment (including hardware and software) which are in current production by the manufacturer, and for which the manufacturer has not issued any notice of intent to cease such production within the next twelve (12) months. It is Consultant's r esponsibility to have the systems and devices remain functional for the duration of the warranty period, and SANDAG therefore requests that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICESonly those items be used for which there is a long term availability projected. In the event that any equipment or s oftware item is discontinued by its manufacturer, SALEConsultant shall immediately develop and discuss with SANDAG an alternative warranty service response plan. Regardless of these circumstances, 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 WARRANTIESConsultant shall continue to supply warranty service for all co mponents’ applicable warranty period with no adjustment in compensation. S. Orders for additional equipment or licenses may be executed at any time prior to Final System Acceptance. 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“ Final System Acceptance” will occur when SANDAG gives final approval of th e work performed and equipment provided by Consultant on the Project and the warranty period is executed. SellerIf SANDAG desires to procure additional equipment or licenses the price for such orders shall be determined based on the per unit price specified for that item in Consultant’s agents proposal. As part of this option SANDAG shall have no authority the right to give warranties or guarantees beyond those purchase additional software modules from Consultant at a unit price to be provided hereinby Consultant within 60 days after execution of this Agreement. SANDAG shall not be required to purchase the entire software suite when exercising this option.

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 (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. Seller (a) The Contractor warrants all Work to be performed and all materials to be furnished under the Contract against defects in materials or workmanship during the Warranty Period. (b) Should defects develop in any Work within the Warranty Period due to faults in materials or workmanship or both, the Contractor must make repairs and do necessary work to correct the defects so that upon receipt the Work fully complies with the Contract, to the satisfaction of the Final PaymentChief Infrastructure Officer. The Contractor must perform such repairs and corrective work, title including replacing of other work damaged by, or otherwise affected by, making said repairs or corrective work, that may have been damaged by defective work, without extra cost to the Equipment shall pass to Purchaser free and clear not withstanding any lender(s) executed securitization of noted any and all EquipmentCTA. 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 Starting within five (5) year limited system warranty days of receipt of written notice, the Contractor must commence such repairs or corrective work and complete 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 rapidly 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; possible. (c) installationThe Contractor shall require Subcontractors, repairincluding equipment suppliers but excluding architects, replacement of partsengineers or other design professionals, adjustmentto execute and deliver to the CTA a warranty for the Work to be performed, service including the equipment to be supplied, by such Subcontractor. Each such warranty must: (i) meet the requirements set forth in the Specifications, or where no warranty is specified, shall be for as long as, and with terms at least equal to, provided by such Subcontractor or supplier to other similarly situated projects and work on in accordance with best practice industry standards, (ii) be in favor of the Equipment is performed CTA, (iii) acknowledge the Subcontractor's obligation to comply with the CTA’s then- current regulations for contractors performing similar work, including completion of applicable safety training, (iv) acknowledge that access to equipment has to be requested and approved in advance by Purchaserthe CTA, Purchaser’s customers and may be limited to nights, weekends or off-rush periods to accommodate maintenance and operations, (v) acknowledge that warranty work will need to be coordinated by CTA with other CTA operations and contractors, and (vi) otherwise be in form and substance satisfactory to the CTA. Delivery of said warranties will not relieve the Contractor of any third party, unless obligation assumed under any other provision of the same shall have been expressly authorized in writing by Seller; Contract. (d) Purchaser has not provided electrical service conforming to applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding All warranties must be submitted by the timeframes 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 requestthe Specifications. All requests for warranty fulfillment warranties must be made during delivered 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 hereinCTA before the CTA issues final payment.

Warranties. Seller MEGANEXUS warrants that: (i) MEGANEXUS and MEGANEXUS employees have the necessary skill and expertise to provide the Services to the standard stipulated in this Agreement; (ii) that the Services and the Maintenance and Support Services will be provided in a professional manner and in accordance with the standards generally observed in the industry for similar services and will be provided with reasonable skill and care; (iii) MEGANEXUS shall use reasonable endeavours to maintain continuity of the staff engaged to provide the Services; and (iv) that MEGANEXUS shall work and co-operate with any of Licensee’s personnel and/or contractors in relation to the performance of the Services. MEGANEXUS warrants that upon receipt the Software Modules shall from the Commencement Date (“the Warranty Period”), be free of material defect and perform substantially in accordance with the Documentation. If MEGANEXUS confirms a defect in the Software Modules, reported by Licensee within the Warranty Period, MEGANEXUS shall use reasonable efforts to remedy the defect by correction of the Final Payment, title to Software Modules. MEGANEXUS does not warrant that 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 operation 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 Software Modules will be considered suspended and non-enforceable until full payment is received from the Purchaseruninterrupted or error free, nor does it guarantee that its remedial efforts will correct any non conformance (although MEGANEXUS shall use reasonable efforts to ensure that its remedial efforts will correct any non conformance). Seller MEGANEXUS, subject to Schedule 2 appendix a, clause 1.4, shall have no obligation under this warranty liability in respect of defects and the event thatMaintenance and Support Services shall not include any defects caused by: (a) the Equipment has been subject to abuserelocation, movement, improper applicationoperation, alterationneglect or misuse of the Software Modules; Licensee’s failure to maintain proper site or environmental conditions; any fault of Licensee’s agents or employees; any attempts at maintenance or modification to the Software Modules performed by persons other than authorised MEGANEXUS service personnel; or any other cause external to the Software Modules except ordinary use. Except as expressly stated in this Clause 6, accident MEGANEXUS makes no warranty of any kind in respect of the Software Modules and all other conditions, warranties or negligence in useother statements whatsoever whether express or implied, storage, transportation by statute at common law or handlingotherwise howsoever, and such actions whether written or occurrences oral are not hereby excluded. Specifically, (but without limitation to the fault foregoing) MEGANEXUS grants no warranties (except as set out in this Clause 6) of Seller; (b) the Equipment is used in combination fitness for purpose, quality or connection with other equipment, attachments not approved in writing freedom from infringement of the Software Modules whether express or implied by Seller for use in combination statute at common law 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 hereinotherwise.

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 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 warrants that upon receipt of the Final Payment, it has good and sufficient title to the Equipment shall pass goods, that the goods are made in a workmanlike manner, pursuant 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 handlingSeller’s customary manufacturing procedures, 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 the specifications agreed to by Buyer (and as modified if at all by the contract documents solely in accordance with the requirements of the COMPLETE AGREEMENT section above in these Terms and Conditions). This express warranty shall be in effect for, and immediately expire after, the period of one year after the date of tender of delivery of the goods. Any one or more of the following shall automatically void any warranty given by Seller as well as any other warranty that may be available to Buyer: any improper use of the goods; provision to Seller of improper, inadequate or incomplete specifications; failure to notify Seller of a warranty claim within the warranty period; failure of or damage to the goods due to improper or lack of maintenance of the goods; damage occurring during transport, delivery, lifting, handling, placement, backfilling, operation or (e) Purchaser fails maintenance; misuse; abuse; improper installation; improper storage; use or maintenance of the goods in abnormal conditions; use or maintenance of the goods outside of specifications or in violation of applicable codes, statutes, regulations or other applicable laws or rules; any alteration or repair to perform timely operating maintenance as specified the goods made in such a manner which, in Seller’s Operator’s Manualjudgment, adversely affects the goods. Repairs Seller does not warrant, shall not be liable, and assumes no responsibility for the adequacy or replacements qualifying under this warranty performance of engineering, designs, specifications, processes, instructions, or formulas furnished to Seller by Buyer or others. Seller does not warrant, shall not be performed on regularly business days liable, 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 assumes no responsibility for any Equipment is deemed advice, technical or otherwise, with respect 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 PURPOSEthe use of the goods sold hereunder. Seller’s agents have sole obligation under the foregoing express warranties shall be, at Seller’s option, to either repair, replace or refund the purchase price of the subject article or articles of goods, which Buyer shall return to Seller’s plant at Buyer’s cost and which Buyer proves to be other than as warranted. If Seller chooses the repair option, the liability of Seller shall be limited to the reasonable and necessary direct repair costs minimally necessary to effect the repair of the subject article or articles of goods. Any remedy hereunder is conditioned upon the following, and ▇▇▇▇▇ waives any claims hereunder and this warranty is void if any one or more of the following do not timely occur: (1) Buyer’s strict compliance with the provisions set forth in the RETURNS; BACKCHARGES section and in the INSPECTION AND ACCEPTANCE section, both set forth above herein; (2) Buyer provides to Seller within 48 hours of receipt, all results, correspondence, and other documents relating to any inspection, testing, or laboratory or other analyses of the subject good or goods; and (3) Buyer sets aside, protects, and holds the subject goods without further processing and provides to Seller or Seller’s designee as soon as is practicable reasonable access and opportunity to conduct Seller’s own investigation, testing or laboratory or other analyses. In no authority to give warranties event shall Seller be liable for any costs associated with any delays, including without limitation any standby costs for any personnel, operators, and/or equipment or guarantees beyond those machines, as well any costs associated with waiting for any inspection, testing, analysis, repairs or replacements. The remedy hereby provided hereinshall be the exclusive and sole remedy of Buyer for breach of any warranty given by Seller.

Warranties. Seller A. Contractor warrants the Work for a period of three (3) years from the date of completion and Blanket Purchase Agreement 4329920, Proprietary and Confidential Page 38 of 74 acceptance of all Work, unless a longer period is specified elsewhere in the Contract or in an applicable municipal code or regulation, in which case the longer period shall apply: (i) as to services, that they shall be rendered competently and by qualified personnel in accordance with the best accepted practices in the industry and comply strictly with all specifications and performance requirements contained in the Contract; and (ii) as to materials, equipment, structures and other things, that they shall be new and free from defects in title, material, workmanship and design, conform strictly to all applicable specifications, and be suitable for their intended use. Contractor further warrants that upon receipt of the Final Payment, title to the Equipment Work shall pass to Purchaser free and clear not withstanding any lender(s) executed securitization of noted meet any and all Equipmenttests and comply strictly with all specifications and performance requirements contained in the Contract. Seller The warranty of good title shall provide Purchaser under normal usebe unlimited in time. ▇. ▇▇ the event any part or all of the Work fails to satisfy any of these warranties, upon written notice thereof from Con Edison, Contractor shall, at no cost to Con Edison, promptly repair, replace, or reperform the defective Work, as defined belowdirected by Con ▇▇▇▇▇▇, and do whatever else is necessary to cause the Work to satisfy all of the aforesaid warranties. All work repaired, replaced or reperformed under the provisions of this Article shall be subject anew to this Article with the limited manufacturer's warranties warranty period commencing upon completion of the repair, replacement, or reperformance. If Contractor fails to correct any defective Work as aforesaid promptly after being notified thereof by Con ▇▇▇▇▇▇, then Con Edison may, at its option, either correct the defective work and charge Contractor for the solar modules, inverters costs and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from expenses it incurs in so doing or secure an equitable reduction in the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, Contract price based on all components its retention of the solar system defective Work. Any defective parts removed in connection with repair or replacement shall be disposed of by Contractor at its expense. ▇. ▇▇ addition to repairs making the foregoing warranties, Contractor agrees to portions obtain, for the benefit of roofs directly affected by Con ▇▇▇▇▇▇, from any and all Subcontractors hereunder, the installation same warranties as those required 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 Contractor under this warranty Article and not to accept any warranties which are inferior in the event that: (a) the Equipment has been subject any respect to abuse, improper application, alteration, accident those required under this Article. D. All warranties made or negligence in use, storage, transportation or handlingobtained hereunder are made to, and such actions for the benefit of, Con Edison and O&R and may be enforced by or occurrences are not the fault on behalf of Seller; (b) the Equipment is used in combination either 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 both 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 Con ▇▇▇▇▇▇ 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 hereinO&R.

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 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. The Seller warrants that upon receipt of the Final Payment, title does not make any representations nor give any warranties in relation to the Equipment shall pass to Purchaser free Group Companies, their assets and clear not withstanding any lender(s) executed securitization of noted any the Shares other than those expressly and all Equipment. Seller shall provide Purchaser under normal usespecifically given in this Section 9 (the “Warranties”), as defined belowit being expressly agreed by the Parties that, with the limited manufacturer's warranties for exception of Section 9.3, no Warranty is given by the solar modulesSeller in relation to the Investment Participations. Information and documents disclosed in this Agreement or the Data Room Documents (in a manner so as to permit the Purchaser to quantify the magnitude of the risk) shall be considered an exception to, inverters or departure from, the Warranties whenever it is incompatible with or contradicts any of said Warranties, provided, however, that regarding the Tax Warranties only the Vendor Due Diligence report prepared by Deloitte dated 23 June 2006, the information specifically reviewed by PricewaterhouseCoopers LLP as part of their due diligence work as appearing in the Schedule headed “Tax Documents Reviewed” and racking. Seller the written answers to questions raised by PricewaterhouseCoopers LLP as appearing in such Schedule shall also provide Purchaser with a five (5) year limited system warranty as measured be considered an exception to, or departure from the original date of installation Tax Warranties, and subsequent approval provided, further, that notwithstanding anything to use the contrary provided for herein, no disclosure made anywhere shall relieve the Seller from Local Township liability under the Environmental Warranties, the Environmental Indemnity, the Tax Indemnity or Utility whichever occurs first for parts the Miscellaneous Indemnity. Any matter addressed specifically by a Warranty shall not be deemed also addressed by a more general Warranty. The Warranties shall be true and laborcorrect at the Execution Date and, 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 Section 6 or negligence in use, storage, transportation or handling, and such actions or occurrences are not the fault for Warranties made as 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 date which need only to be continuous. Purchaser agrees that THE LIMITED WARRANTIES DESCRIBED HEREIN SHALL BE THE PURCHASER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO THE SERVICESor remain true and correct as of such date, 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 at the Closing Date with reference to give warranties or guarantees beyond those provided hereinthe situation existing as at the Closing Date.

Warranties. Seller SNI represents and warrants as follows: (a) That it owns or has full legal right to sell the Energy Products and 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 it has satisfied any and all Equipment. Seller shall provide Purchaser under normal use, as defined below, with applicable conditions precedent to such sale and that 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 sale by it 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 Energy Products hereunder does not make payment violate any obligations to or rights of third parties. (b) That it has full power to enter into this Agreement, to carry out its respective obligations pursuant to this Agreement, and to grant the rights granted pursuant to this Agreement. Further, SNI represents and warrants that it has obtained all corporate, third party, and governmental approvals necessary to enter into this Agreement and carry out the transaction contemplated thereby. (c) That it is not engaged in full as provided in nor has it been notified of any potential claims, suits, actions, investigations, or proceedings relating to any Intellectual Property rights concerning the Energy Products. SNI will immediately give written notice to FARMERGY of any such event known to it during the term of 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: Agreement. (d) SNI warrants that (a) the Equipment has been subject to abuseEnergy Product shall be free from all liens, improper applicationcharges or encumbrances, alteration, accident or negligence except any lien of SNI in use, storage, transportation or handling, and such actions or occurrences are not respect of any unpaid portion of the fault of SellerPurchase Price; (b) the Equipment is used Energy Product shall be free from defects in combination or connection with other equipmentmaterial and workmanship and shall conform to the specifications of the Energy Product set forth in a Purchase Order and also conform to the functionality defined in the agreed to Technical Proposal attached to the Purchase Order, attachments not approved in writing by Seller for use in combination or connection with the equipmentif any; and (c) installationthe Energy Product shall be new and, repairin the absence of specification of a nature consistent with SNI's usual and normal products. SNI shall, replacement at its option, repair or replace (at SNI's expense) any defective Energy Product or component thereof, provided however, that SNI is given written notice of parts, adjustment, service , or other work any defect during the warranty period. For this purpose the warranty period shall commence on the Equipment is performed by Purchaserearlier of the date of first use or the date on which SNI tendered the Energy Product for use, Purchaser’s customers or any third partyand the warranty period shall end one year after such commencement date. The date of effective commercial use shall be thirty (30) days after delivery to a Worksite, 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 otherwise specified in Seller’s Operator’s Manualwriting. Repairs FARMERGY shall give SNI prompt written notice of any claim under the foregoing Warranty and permit SNI to inspect the Energy Product in order to verify the defect or replacements qualifying nonconformity. Failure of FARMERGY to give SNI such notice and opportunity to inspect shall not relieve SNI of all obligations with respect to such claims. Subject to SNI's obligations under section 6.2 of this Agreement, FARMERGY's remedies and SNI's obligations in connection with any claim made under this warranty shall be limited to repair or, at SNI's option, replacement of the equipment or part thereof which is found to be defective. Labor performed at the Worksite with regard to such claims is not included in this warranty. FARMERGY shall be responsible for the normal maintenance and repair of the Energy Product and shall perform the same in accordance with generally accepted maintenance procedures or such other procedures as are set forth in maintenance and repair manuals provided by SNI to FARMERGY. SNI shall not be responsible for and shall not be obligated to pay or to reimburse Purchaser for (a) any work or repairs performed on regularly business days the Energy Product by third parties except for mutually agreed subcontractors, (b) any materials furnished by third parties for use in connection with the Energy Product if the same was undertaken or furnished without mutual prior written consent or (c) any loss or damage arising from improper operation or maintenance of the Equipment or from ordinary wear and during Seller’s regular business hours within tear. Notwithstanding other provisions of this Article, in instances of a reasonable time following Purchaser’s request. All requests for warranty fulfillment must be made "major failure" during the stated warranty period. Normal Use for any Equipment SNI will provide all necessary parts and installation labor, directly or pursuant to the applicable manufacturer’s warranty (in SNI’s description) to correct the defect. A "major failure" is deemed defined as failure of the Energy Product or portion of the Energy Product, to be continuousoperate as described in the Technical Proposal, which FARMERGY, through the diligent efforts of its maintenance personnel or available contractors, cannot remedy. 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 SNI will immediately dispatch a serviceman upon request and notification of a "major failure" by FARMERGY. 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 INCLUDING BUT NOT LIMITED TO 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, OTHER THAN AS SPECIFICALLY SET FORTH ABOVE.

Warranties. Seller expressly warrants that upon receipt the goods and their packaging and services ordered shall be new and not used or reconditioned (unless otherwise specified in this Purchase Order), shall be merchantable, shall conform to this Purchase Order and to specifications, drawings and other descriptions and requirements referenced in this Purchase Order, and to any accepted samples, and shall be free from defects in materials and workmanship, and defects in design, unless the design was supplied by Buyer, and shall be fit for sale or use for Buyer’s intended purposes. Seller further warrants that all goods and their packaging materials shall be produced, packaged, delivered, marked and labeled in compliance with all applicable state and federal laws and regulations and all applicable nationally recognized codes and safety standards and established industry standards, including without limitation state laws relating to packaging requirements for heavy metals, and that Seller has obtained the necessary government permits, approvals and certifications for the goods or services. Seller also represents and warrants that any goods and services delivered hereunder do not infringe any United States or foreign patent, trademark, trade secret or copyright, or any proprietary, intellectual property, industrial property, contract or other right held by any third party. Seller shall, at its expense including, without limitation costs of removal, packing, transportation and reinstallation, promptly, at Buyer’s option, either repair or replace or refund the purchase price paid for any goods and services furnished to Buyer which within thirty-six (36) months after Seller’s completion of the Final Paymentservices or delivery of the goods, title or within the period of any Seller express written warranty if that is longer, fail to conform to the Equipment shall pass to Purchaser free and clear not withstanding requirements of this Purchase Order or any lender(s) executed securitization of noted any and all EquipmentSeller warranty. Seller shall provide Purchaser under normal use, as defined below, be chargeable at any time for repairs made by or on behalf of Buyer to correct such a failure to meet the requirements of this Purchase Order or any warranty when Seller has been given notice of such failure and thereafter has failed to take prompt and effective action to correct the failure in accordance with the limited manufacturer's foregoing. The foregoing warranties for the solar modules, inverters and racking. Seller obligations shall also provide Purchaser with a five (5) year limited system warranty as measured from the original date of installation apply to any goods and subsequent approval to use from Local Township services that are repaired, replaced or Utility whichever occurs first for parts and labor, on all components of the solar system corrected. The above warranties are in addition to repairs all other warranties, expressly given by Seller or implied by law. All warranties shall extend to portions of roofs directly affected by the installation Buyer, its successors, assigns and to customers and users 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 hereingoods.

Warranties. Seller warrants that upon receipt makes the following warranties to Purchaser and its customers and the users of the Final PaymentGoods herein described. (a) It will, at the date of delivery, have good title to the Equipment shall pass to Purchaser any and all Goods supplied hereunder, and said Goods will be free and clear not withstanding any lender(s) executed securitization of noted any and all Equipmentliens, security interests, and encumbrances. (b) Any and all Goods supplied hereunder will be of merchantable quality. (c) Seller is aware of Purchaser’s intended use and warrants that any and all Goods supplied hereunder will be fit for the particular use intended, will be free from defects, whether patent or latent, in design, material or workmanship, and will be in conformity with the specifications contained herein. (d) Any and all Goods supplied hereunder will not infringe or misappropriate any third party’s patent or other intellectual property rights. (e) Any services provided in connection with Purchaser’s purchase of the Goods shall be performed by Seller in a professional and workmanlike manner in accordance with best industry standards for similar services, using personnel of required skill, experience and qualifications, and Seller shall devote adequate resources to meet its obligations under this Order. Seller agrees that the foregoing warranties 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 be in addition to repairs any warranties of additional scope given to portions Purchaser by Seller. These warranties shall continue notwithstanding any inspection, delivery, acceptance, or payment by Purchaser. This warranty runs to Purchaser and Purchaser’s customer(s) and is in addition to those otherwise provided or implied by law or equity. Any applicable statute of roofs directly affected by limitations shall not begin to run until the installation date of Purchaser’s discovery 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 noncompliance 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 Goods 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 hereinforegoing warranties.

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.

Warranties. Seller A. Contractor warrants to Association that upon receipt all materials and equipment incorporated in the Work will be new unless otherwise specified and that all Work will be of the Final Paymentgood quality, title to the Equipment shall pass to Purchaser free from faults and clear not withstanding any lender(s) executed securitization of noted any defects and all Equipment. Seller shall provide Purchaser under normal use, as defined below, in compliance with the limited manufacturer's warranties for the solar modulescontract documents, 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 the specifications, building code requirements and Electrical defects are administrative regulations, as well as all specifications of the product manufacturer and supplier. All Work not includedconforming to these standards may be considered defective. B. In the event of Contractor’s refusal to perform its aforesaid warranty obligation, Association may do said Work and/or secure additional material after forty-eight (48) hours’ notice to Contractor, and Contractor shall reimburse Association for such sum. C. Contractor further warrants that it will comply with all application and other requirements of each producer or supplier of materials, and will ensure that any inspections or other requirements of a producer or supplier for a warranty of the materials takes place or alternatively will assume responsibility for any such warranty that might otherwise have been provided. If Purchaser does not make payment in full Contractor shall cause all manufacturers and suppliers offering warranties on their products to issue such warranties to Association. In addition to all manufacturer’s and supplier warranties, Contractor warranties its work as provided in Exhibit “A” and Exhibit “B” hereof. D. Contractor expressly warrants all work and materials provided under this agreement including Agreement to be fit for the purposes intended for the period as provided in Exhibit “A” and Exhibit “B” from the date of Final Acceptance, and thereby agrees that during said period of time any change orders flaws or extras caused deficiencies in either work or material shall be corrected and/or replaced and restored to first class working order at no cost to the Association. In the event of Contractor's refusal to so restore same as aforesaid, Association may do said work and/or secure additional material after forty-eight (48) hours’ notice to Contractor, and Contractor shall reimburse Association for such sum. Contractor shall cause all manufacturers and suppliers offering warranties on their products to issue such warranties to the Association for the maximum period of time granted by unforeseen such manufacturers and suppliers. In no event shall the manufacturer’s warranty exclude claims based on improper application of materials it being the intent of this paragraph to require that the Contractor and manufacturer coordinate to jointly inspect and approve the application of all materials. E. Contractor shall only have ordered and delivered materials in quantities which are ready for use or concealed conditions or requests installation for the Work intended to be performed within sixty (60) days from delivery 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 handlingmaterials, and such actions or occurrences Contractor shall assure that said materials are not the fault of Seller; (b) the Equipment is used stored and protected as set forth in combination or connection with other equipmentthis Contract, 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 including Section 7(E). Contractor shall also be responsible to replace any third party, unless the same shall materials which have been expressly authorized ordered but no longer are in writing by Seller; (d) Purchaser has not provided electrical service conforming to compliance with applicable electrical codes, including a dedicated line for power supply and appropriate polarization and grounding in accordance with Seller’s specifications, building codes 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 hereinpermits.

Warranties. Seller A. Contractor warrants the Work for a period of three (3) years from the date of completion and Standard Purchase Order 4088044, 1 acceptance of all Work, unless a longer period is specified elsewhere in the Contract or in an applicable municipal code or regulation, in which case the longer period shall apply: (i) as to services, that they shall be rendered competently and by qualified personnel in accordance with the best accepted practices in the industry and comply strictly with all specifications and performance requirements contained in the Contract; and (ii) as to materials, equipment, structures and other things, that they shall be new and free from defects in title, material, workmanship and design, conform strictly to all applicable specifications, and be suitable for their intended use. Contractor further warrants that upon receipt of the Final Payment, title to the Equipment Work shall pass to Purchaser free and clear not withstanding any lender(s) executed securitization of noted meet any and all Equipmenttests and comply strictly with all specifications and performance requirements contained in the Contract. Seller The warranty of good title shall provide Purchaser under normal usebe unlimited in time. ▇. ▇▇ the event any part or all of the Work fails to satisfy any of these warranties, upon written notice thereof from Con Edison, Contractor shall, at no cost to Con Edison, promptly repair, replace, or reperform the defective Work, as defined belowdirected by Con ▇▇▇▇▇▇, and do whatever else is necessary to cause the Work to satisfy all of the aforesaid warranties. All work repaired, replaced or reperformed under the provisions of this Article shall be subject anew to this Article with the limited manufacturer's warranties warranty period commencing upon completion of the repair, replacement, or reperformance. If Contractor fails to correct any defective Work as aforesaid promptly after being notified thereof by Con ▇▇▇▇▇▇, then Con Edison may, at its option, either correct the defective work and charge Contractor for the solar modules, inverters costs and racking. Seller shall also provide Purchaser with a five (5) year limited system warranty as measured from expenses it incurs in so doing or secure an equitable reduction in the original date of installation and subsequent approval to use from Local Township or Utility whichever occurs first for parts and labor, Contract price based on all components its retention of the solar system defective Work. Any defective parts removed in connection with repair or replacement shall be disposed of by Contractor at its expense. ▇. ▇▇ addition to repairs making the foregoing warranties, Contractor agrees to portions obtain, for the benefit of roofs directly affected by Con ▇▇▇▇▇▇, from any and all Subcontractors hereunder, the installation same warranties as those required 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 Contractor under this warranty Article and not to accept any warranties which are inferior in the event that: (a) the Equipment has been subject any respect to abuse, improper application, alteration, accident those required under this Article. D. All warranties made or negligence in use, storage, transportation or handlingobtained hereunder are made to, and such actions for the benefit of, Con Edison and O&R and may be enforced by or occurrences are not the fault on behalf of Seller; (b) the Equipment is used in combination either 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 both 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 Con Edison 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 hereinO&R.

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 Fish▇▇ ▇▇▇vice 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 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 The Supplier represents and warrants that upon receipt that: in the three years prior to the Effective Date, it has been in full compliance with all applicable securities and Laws related to Tax in the United Kingdom and in the jurisdiction in which it is established; it has notified the Authority in writing of any Tax Non-Compliance it is involved in; and no proceedings or other steps have been taken and not discharged (nor, to the best of its knowledge, are threatened) for the winding up of the Final PaymentSupplier or for its dissolution or for the appointment of a receiver, title administrative receiver, liquidator, manager, administrator or similar officer in relation to any of the Supplier’s assets or revenue and the Supplier has notified the Authority of any profit warnings issued in respect of the Supplier in the three years prior to the Equipment shall pass Effective Date. If at any time the Supplier becomes aware that a representation or warranty given by it under Clause in the three years prior to Purchaser free the Effective Date, it has been in full compliance with all applicable securities and clear Laws related to Tax in the United Kingdom and in the jurisdiction in which it is established;, it has notified the Authority in writing of any Tax Non-Compliance it is involved in; and and/or no proceedings or other steps have been taken and not withstanding any lender(sdischarged (nor, to the best of its knowledge, are threatened) 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 winding up of the solar system Supplier or for its dissolution or for the appointment of a receiver, administrative receiver, liquidator, manager, administrator or similar officer in addition relation to repairs any of the Supplier’s assets or revenue and the Supplier has notified the Authority of any profit warnings issued in respect of the Supplier in the three years prior to portions the Effective Date. has been breached, is untrue, or is misleading, it shall immediately notify the Authority of roofs directly affected the relevant occurrence in sufficient detail to enable the Authority to make an accurate assessment of the situation. In the event that the warranty given by the installation of Supplier pursuant to Clause it has notified 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 Authority in writing by Seller for use in combination or connection with of any Tax Non-Compliance it is involved in; and is materially untrue, 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 Authority shall be performed on regularly business days and during Seller’s regular business hours within a reasonable time following Purchaser’s request. All requests entitled to terminate the Agreement pursuant to the Call-Off clause which provides the Authority the right to terminate the Agreement for warranty fulfillment must be made during the stated warranty period. Normal Use Supplier fault (termination 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 Supplier cause or guarantees beyond those provided hereinequivalent clause).