Solar PV System Installation Agreement

Solar PV System Installation Agreement

This Solar PV System Installation Agreement ("Agreement") is entered into as of by and between Client Name: and Contractor Name: .

Recitals

WHEREAS, Client is the owner or lawful occupant of the real property located at (the "Site"); and

WHEREAS, Contractor is duly qualified and experienced in the design, supply and installation of photovoltaic solar electric systems and agrees to perform the services described herein; and

WHEREAS, the parties desire to set forth their respective rights and obligations with respect to the supply and installation of a Solar PV System at the Site.

Scope of Work

The Scope of Work includes design, procurement of listed equipment, on-site installation, testing, interconnection assistance, and final commissioning in accordance with applicable codes and manufacturer specifications. Equipment to be supplied: make, model, and quantities to be confirmed in the Scope of Work above and accompanying equipment schedule.

Permits and Approvals

Responsibility for permit procurement and payment shall be allocated as follows (check applicable):

Contractor to obtain all required permits and approvals and to pay the permit fees, unless otherwise noted below.

Client to obtain and pay for permits and approvals where required by local ordinance or property owner restrictions.

Payment Terms

Typical schedule example to be completed by the parties: Deposit due upon execution; progress payment(s) due upon delivery and at specified installation milestones; final payment due upon completion and commissioning.

If any undisputed payment is not made within days after the due date, interest shall accrue at percent per month compounded monthly, or the maximum lawful rate if lower.

Term and Termination

This Agreement shall commence on the Start Date: and shall continue until completion of the Work or the End Date: , unless earlier terminated in accordance with this Section.

Either party may terminate this Agreement for material breach by the other party if the breaching party fails to cure the breach within days after written notice. Either party may also terminate for convenience upon days' prior written notice. Upon termination, Contractor shall be entitled to payment for all work performed to the effective date of termination and reasonable demobilization costs.

Confidentiality

Each party agrees to maintain in confidence and not disclose to any third party any non-public technical, commercial or financial information furnished by the other party in connection with this Agreement ("Confidential Information"), except to the extent necessary to perform obligations under this Agreement or as required by law. Confidential Information does not include information that (i) is or becomes public without breach; (ii) was already known to the receiving party; (iii) is independently developed; or (iv) is rightfully obtained from a third party without restriction. Upon termination, each party shall return or destroy Confidential Information of the other party upon request.

Warranties and Limitation of Liability

Contractor warrants that the installation will be performed in a professional manner consistent with industry standards and applicable codes for a period of from completion. Manufacturer warranties on modules, inverters and other equipment shall be assigned to Client to the extent transferable. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, CONTRACTOR DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CONTRACTOR'S AGGREGATE LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNTS PAID BY CLIENT UNDER THIS AGREEMENT.

Indemnification

Each party shall indemnify, defend and hold the other harmless from claims, liabilities, losses and expenses arising from the indemnifying party's negligence or willful misconduct in connection with its performance under this Agreement, provided the indemnified party gives prompt notice and reasonable cooperation in the defense.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of law principles. Venue for any action arising out of this Agreement shall be in the state or federal courts located in the county where the Site is located.

Entire Agreement

This Agreement, including any exhibits, schedules and the Scope of Work, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations and understandings, whether written or oral. Any modification must be in writing and signed by both parties.

Additional Provisions

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