Installation of Products. During the Term: (a) Vivint Solar will use Good Faith Efforts to install Products in residences at which Vivint Solar installs a Project and correspondingly purchase such Products from Vivint under this Agreement; and (b) Vivint will use Good Faith Efforts to install Products that have been developed in connection with the Product Development Activities in each residence at which it performs Vivint Services. For purposes of this Section 3.2, “Good Faith Efforts” means that the Party charged with taking such actions shall (i) make a good faith assessment of the quality, features, functions, performance technological sophistication, cost and other operational attributes of the Products, and (ii) determine, based on the assessment referred to in clause (i), whether to install the Products, in the case of Vivint Solar, in its Projects, and in the case of Vivint, in residences where it performs Services, provided that if, based on the assessment referred to in clause (i) above, the Products are materially equivalent to any other product offered by any third party, Good Faith Efforts shall require the relevant Party to install Products rather than such other product.
Appears in 3 contracts
Sources: Product Development and Supply Agreement (Vivint Solar, Inc.), Product Development and Supply Agreement (Vivint Solar, Inc.), Product Development and Supply Agreement (Vivint Solar, Inc.)