Common use of Alterations, Modifications and Additions Clause in Contracts

Alterations, Modifications and Additions. Provider will make such alterations and modifications in and additions to Covered Projects as may be required from time to time to comply with Applicable Law, Prudent Industry Standards and the terms of the applicable Customer Agreements; provided, however, that Provider may, in good faith, contest the validity or application of any such Applicable Law in any reasonable manner, but diligently and in good faith, and only if there is no material risk of the loss or forfeiture of a Covered Project or any interest therein or breach of the related Customer Agreement; and provided further, that Provider’s failure to make (or cause to be made) any such alterations, modifications or additions will not constitute noncompliance with the requirements of this paragraph 3 or a breach of Provider’s undertaking hereunder for so long a period as may be necessary to remedy such failure, if such failure can be remedied, so long as during such period Provider is using due diligence and best efforts to remedy such failure.

Appears in 9 contracts

Samples: Maintenance Services Agreement (Vivint Solar, Inc.), Maintenance Services Agreement (Vivint Solar, Inc.), Maintenance Services Agreement (Vivint Solar, Inc.)

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