authority or discretion conferred upon that Party in such capacity. . PURPOSE The Parties agree that, subject to the terms and conditions set forth in this Agreement, the Seller shall invest, construct, install, own, operate, and maintain the System located at the Property and the Purchaser shall purchase all of the power generated by the System from the Seller under the terms and conditions set forth herein. CONDITIONS PRIOR TO POWER SALE AND PURCHASE Upon the execution of this Agreement, the Seller shall commence a due diligence and a thorough physical inspection of the Property (the to confirm the Audit”) “Property suitability of the Property for the construction, installation, operation and maintenance of the System. After the completion of the Property Audit: the Seller shall provide the Purchaser with a proposed design of the System (the Design”); “System the Seller may request the Purchaser to verify, renovate, repair, improve or change the Property (including but not limited to the removal of trees or shading and the repair of roof leakages) (the Modification”) as “Property necessary and with approval of the Purchaser to enable the Seller to safely and efficiently construct, install, operate and maintain the System. Such request shall be in writing and will be referred to as the Modification “Property Statement”; the Seller shall consult with the Purchaser regarding the System Design and the Property Modification Statement, if any, and provide feedback on the System Design after receipt of the abovementioned documents; and the Purchaser may ask to revise the System Design, provided that the revisions shall not materially affect the nature, scope and/or schedule of the whole System Installation. If there is a Property Modification and the Purchaser does not agree to carry out the Property Modification, either Party is entitled to terminate this Agreement. The termination of this Agreement by either Party under this Clause 3.4 shall not give rise to any legal liability for the Seller. Each Party shall be responsible for its own costs and expenses incurred before or on the termination date of this Agreement. Upon the agreement on the System Design and the Property Modification, the Parties’ Seller shall, at its own costs and expenses, prepare and submit applications for any Governmental Approvals (in its own name and/or on behalf of the Purchaser) as required for the agreed Property Modification and the construction, installation, operation and maintenance of the System. The Purchaser shall give cooperation to the Seller as necessary.
authority or discretion conferred upon that Party in such capacity. . PURPOSE The Parties agree that, subject to the terms and conditions set forth in this Agreement, the Seller shall invest, construct, install, own, operate, and maintain the System located at the Property and the Purchaser shall purchase all of the power generated by the System from the Seller under the terms and conditions set forth herein. CONDITIONS PRIOR TO POWER SALE AND PURCHASE Upon the execution of this Agreement, the Seller shall commence a due diligence and a thorough physical inspection of the Property (the “Property Audit”) to confirm the suitability of the Property for the construction, installation, operation and maintenance of the System. After the completion of the Property Audit: the Seller shall provide the Purchaser with a proposed design of the System (the “System Design”); the Seller may request the Purchaser to verify, renovate, repair, improve or change the Property (including but not limited to the removal of trees or shading and the repair of roof leakages) (the “Property Modification”) as necessary and with approval of the Purchaser to enable the Seller to safely and efficiently construct, install, operate and maintain the System. Such request shall be in writing and will be referred to as the “Property Modification Statement”; the Seller shall consult with the Purchaser regarding the System Design and the Property Modification Statement, if any, and provide feedback on the System Design after receipt of the abovementioned documents; and the Purchaser may ask to revise the System Design, provided that the revisions shall not materially affect the nature, scope and/or schedule of the whole System Installation. If there is a Property Modification and the Purchaser does not agree to carry out the Property Modification, either Party is entitled to terminate this Agreement. The termination of this Agreement by either Party under this Clause 3.4 shall not give rise to any legal liability for the Seller. Each Party shall be responsible for its own costs and expenses incurred before or on the termination date of this Agreement. Upon the Parties’ agreement on the System Design and the Property Modification, the Seller shall, at its own costs and expenses, prepare and submit applications for any Governmental Approvals (in its own name and/or on behalf of the Purchaser) as required for the agreed Property Modification and the construction, installation, operation and maintenance of the System. The Purchaser shall give cooperation to the Seller as necessary.
02-SolarPV-PrivatePowerPurchaseAgreementTemplate-EN-20171031-v1.3.docx