Repair and Replacement of Power Modules. Seller shall repair or replace the power modules included in each Facility as necessary to ensure that such Facility satisfies the Capacity Warranty and the Efficiency Warranty as set forth herein. Buyer agrees that Seller may replace such power modules with power modules of a different model provided that such replacement model has been subjected to inspections and tests performed by Seller in coordination with the Independent Engineer (or another independent engineer mutually selected by Seller and Buyer, who both Buyer and Seller have reasonably determined to be capable of performing such inspections and testing) which indicate that such replacement power module model is reasonably expected to perform at least as well as the model it replaces, as confirmed in writing by the Independent Engineer to Buyer. Notwithstanding the foregoing, Seller represents to Buyer that it reasonably expects that any repair or replacement of power modules to be made within five (5) years of the date the applicable Facility was Placed in Service will have an aggregate value of replaced parts that is less than eighty percent (80%) of the Facility’s total value (the cost of the new parts plus the value of the remaining Facility originally Placed in Service).
Appears in 3 contracts
Samples: Purchase, Use and Maintenance Agreement (Bloom Energy Corp), Purchase, Use and Maintenance Agreement (Bloom Energy Corp), Purchase, Use and Maintenance Agreement (Bloom Energy Corp)
Repair and Replacement of Power Modules. Seller shall repair or replace the power modules included in each Facility as necessary to ensure that such Facility satisfies the Capacity Warranty and the Efficiency Warranty as set forth herein. Buyer agrees that Seller may replace such power modules with power modules of a different model provided that such replacement model has been subjected to inspections and tests performed by Seller in coordination with the Independent Engineer (or another independent engineer mutually selected by Seller and Buyer, who both Buyer and Seller have reasonably determined to be capable of performing such inspections and testing) which indicate that such replacement power module model is reasonably expected to perform at least as well as the model it replaces, as confirmed in writing by the Independent Engineer to Buyer. Notwithstanding the foregoing, Seller represents to Buyer that it reasonably expects that any repair or replacement of power modules to be made within five (5) years of the date the applicable Facility was Placed in Service will have an aggregate value of replaced parts that is less than eighty percent (80%) of the Facility’s total value (the cost of the new parts plus the value of the remaining Facility originally Placed in Service).
Appears in 3 contracts
Samples: Purchase, Use and Maintenance Agreement (Bloom Energy Corp), Purchase, Use and Maintenance Agreement (Bloom Energy Corp), Purchase, Use and Maintenance Agreement (Bloom Energy Corp)
