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original Module at the time of supply or replacement, based
<br />on the warranted degradation rates set forth at Section 3
<br />hereto. Notwithstanding the foregoing, if Seller no longer
<br />supplies Modules meeting the foregoing criteria, then
<br />additional or replacement Modules provided under this
<br />Section 6 shall be those Modules then supplied by Seller
<br />most substantially meeting the foregoing criteria. Sellers
<br />performance of any repair, replacement or additional
<br />supply pursuant to this Section 6 shall not extend the term
<br />of any Warranties.
<br />7. EXCLUSIONS, This Limited Warranty is subject to the
<br />exclusions set forth in this Section 7. The Warranties shall
<br />not apply to any Module which has been: (a) altered,
<br />repaired or modified without the prior written consent of
<br />Seller or otherwise inconsistent with Seller's written
<br />instructions; (b) removed and re -installed at any location
<br />other than the physical location in which it was originally
<br />installed following purchase by Buyer or receipt from Seller
<br />as a replacement Module; (c) subject to misuse, abuse,
<br />neglect, oraccident except as may be caused by Seller in the
<br />course of storage, transportation, handling, installation,
<br />application, use or service; (d) subject to force majeure,
<br />electrical surges, lightning, flood, fire, vandalism,
<br />tampering, accidental breakage, or other events beyond
<br />Seller's control, resulting in material damage to the
<br />Module; (e) installed on mobile platforms (other than
<br />single- or dual -axis trackers) or In a marine environment; (f)
<br />subject to direct contact with corrosive agents orsalt water;
<br />pest damage; or malfunctioning PV system components; or
<br />(g) used in a manner inconsistent with the version of Seller
<br />Installation Manual set forth at Exhibit CC (Specifications).
<br />The Warranties shall not apply to any Module for which the
<br />labels thereon indicating type or serial number have been
<br />altered, removed or made illegible. The Warranty shall not
<br />apply to Modules for which full and final payment has not
<br />been received by Seller.
<br />8. LIMITS OF LIABILITY. NOTWITHSTANDING ANYTHING TO
<br />THE CONTRARY IN THIS LIMITED WARRANTY, EXCEPT AS
<br />EXPRESSLY PROVIDED HEREIN, SELLER MAKES NO
<br />WARRANTIES, GUARANTEES OR CONDITIONS, EXPRESS OR
<br />IMPLIED, ARISING FROM OR RELATING TO THE MODULES
<br />AND SELLER DISCLAIMS ANY WARRANTY OR GUARANTEE
<br />IMPLIED BY LAW, INCLUDING IMPLIED WARRANTIES OF
<br />PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A
<br />PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF
<br />CUSTOM OR USAGE, ARISING FROM OR RELATING TO THE
<br />MODULES. THE REMEDIES FOR BREACH OF THIS
<br />WARRANTY ARE BUYER'S SOLE AND EXCLUSIVE REMEDIES
<br />ARISING FROM OR RELATING TO ANY BREACH OF THE
<br />WARRANTIES. IN NO EVENTSHALL SELLER BE RESPONSIBLE
<br />PURSUANT TO THIS WARRANTY FOR ANY PERFORMANCE
<br />ANALYSIS, INSPECTION, DIAGNOSIS, REMOVAL, CUSTOMS,
<br />IMPORT DUTIES, EXPORT DUTIES, TAXES, REINSTALLATION
<br />COSTS, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE,
<br />EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY
<br />NATURE WHATSOEVER, INCLUDING LOSSES OR DAMAGES
<br />Execution Version
<br />CAUSED BY REASON OF LOSS OF USE, LOSS OF PROFITS OR
<br />REVENUE, INTEREST CHARGES (EXCEPT AS EXPRESSLY
<br />PROVIDED HEREIN), LOSS OF BONDING CAPACITY, COST OF
<br />CAPITAL OR CLAIMS OF BUYER DAMAGES, WHETHER
<br />LIABILITY ARISES AS A RESULT OF BREACH OF CONTRACT,
<br />TORT LIABILITY (INCLUDING NEGLIGENCE), STRICT
<br />LIABILITY, BY OPERATION OF LAW OR IN ANY OTHER
<br />MANNER. EXCEPTAS SET OUT IN THIS LIMITED WARRANTY,
<br />SELLER SHALL HAVE NO RESPONSIBILITY OR LIABILITY
<br />WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR
<br />PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING
<br />FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR
<br />RELATED TO THIS LIMITED WARRANTY.
<br />9. ASSIGNMENT. Notwithstanding anything to the contrary
<br />herein, this Limited Warranty Is for the sole and exclusive
<br />benefit of Buyer and there are no third parry beneficiaries
<br />hereof; provided, however, subject to written notice to and
<br />Seller's receipt of full and final payment for the Modules,
<br />this entire Limited Warranty may be assigned in whole but
<br />not in part to any person or entity. Any permitted assignee
<br />of this Limited Warranty shall execute such agreements as
<br />may reasonably be requested by Seller to confirm the
<br />applicability of any term hereof as a condition to
<br />assignment.
<br />10. LAW AND FORUM. Any dispute related to or arising out
<br />of this Limited Warranty, including without limitation any
<br />question regarding its existence, validity, breach, or
<br />termination, shall be referred to and finally resolved
<br />pursuant to the Agreement. As a condition to any obligation
<br />of Seller hereunder, Seller may require any Buyer seeking to
<br />enforce this Limited Warranty to execute such additional
<br />agreements as may reasonably be required to enforce the
<br />terms of this Section 10,
<br />11. MERGER CLAUSE, This Limited Warranty sets forth the
<br />entire agreement and understanding of the Parties relating
<br />to the subject matter herein and supersedes all prior or
<br />contemporaneous discussions, understandings and
<br />agreements, whether oral or written, between them
<br />relating to the subject matter hereof.
<br />12. SEVERABILITY. If one or more provisions of this Limited
<br />Warranty are held to be unenforceable under applicable
<br />law, the Parties agree to renegotiate such provision in good
<br />faith. In the event that the parties cannot reach a mutually
<br />agreeable and enforceable replacement for such provision,
<br />then (a) such provision shall be excluded from this Limited
<br />Warranty, (b) the balance of this Limited Warranty shall be
<br />interpreted as if such provision were so excluded and (c) the
<br />balance of the Limited Warranty shall be enforceable in
<br />accordance with its terms.
<br />13. NOTICES. Any notice, request, demand or other
<br />communication required or permitted under this Warranty
<br />to Seller shall be provided in writing and deemed to be
<br />properly given by the sender and received by the addressee
<br />
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