Common use of Mutual Understandings Clause in Contracts

Mutual Understandings. 10.1 Customer hereby grants APS permission to install certain instrumentation equipment, including AMI Devices, at a location on Customer’s premises that is mutually agreed to by the Parties. Such equipment shall be owned, furnished, installed and maintained by APS at its sole cost and shall not interfere with Customer’s use and operation of its premises; provided, however, Customer shall afford APS continuing access to this equipment consistent with the requirements of APS’ tariffs. 10.2 APS’ makes no warranty or representation to Customer or any third party regarding the safety, durability, reliability, performance or fitness of Customer’s GF or service facilities, its control or protective devices or the design, construction, installation or operation thereof. 10.3 Customer acknowledges that the third party contractors that Customer uses to provide, install or maintain its GF (“Third Party Contractors”) are not agents, contractors, or employees of APS. Certain Third Party Contractors may use APS trademarks or logos, such as but not limited to the logo “APS Qualified Solar Installer,” to promote various APS incentive or referral programs, or to indicate such Third Party Contractor is qualified to participate in such APS programs. However, customer understands and agrees that the Third Party Contractor is retained by Customer as an independent contractor and that the Third Party Contractor is solely responsible for the goods, equipment, materials and all services provided by the Third Party Contractor to Customer for the GF. Customer hereby indemnifies, releases and holds APS, its officers, directors, employees, agents, representatives, affiliates, successors and assigns harmless from any liability, damage, cost, or expense, including reasonable attorneys’ fees and legal costs, that arise out of or result from the Third Party Contractor’s sale or use of goods, equipment, materials or its performance of services. 10.4 APS (including its employees, agents and representatives) shall have the right to enter Customer’s premises at all reasonable times to (a) inspect Customer’s GF, protective devices, and to read or test instrumentation equipment that APS may install, provided that reasonable notice is given to Customer prior to entering its premises; (b) maintain or repair APS equipment; (c) immediately and without prior notice disconnect or cause Customer to immediately disconnect, the GF or otherwise render the GF disconnected from the APS system (including by opening the Disconnect Switch) if, in APS’ opinion, a hazardous condition exists and such immediate action is necessary to protect persons, APS facilities, or other customers’ or third parties’ property and facilities from damage or interference, or if, in APS’ opinion, any of the protective devices or switching apparatus is not or does not appear to be operating properly; (d) verify the Disconnect Switch is opened and properly grounded, if an operating clearance is required by APS personnel. 10.5 If, at any time, APS in its sole discretion believes that operation of any of the GF protective and switching apparatus may impair the operation of the APS’ System, then Customer shall promptly demonstrate, to APS’ reasonable satisfaction, the correct calibration and operation of the equipment in question. If Customer is unable to demonstrate the correct calibration and operation of the equipment to APS’s reasonable satisfaction, APS may immediately and without prior notice disconnect or cause Customer to immediately disconnect the GF from the APS system (including by opening the Disconnect Switch). 10.6 APS will not install and maintain any lines or equipment on Customer’s side of the Point of Interconnection except its metering and telecommunication equipment and possibly some research equipment pursuant to section 10.1 of this agreement. Only authorized APS employees or representatives are permitted to make and energize the service connection between the APS System and the Customer’s SES conductors. Such employees carry credentials, which they will show to Customer upon request. 10.7 Notwithstanding any other provisions of this Agreement, APS shall have the right to unilaterally file with the Arizona Corporation Commission (the ACC), pursuant to the ACC’s rules and regulations, an application for a change in requirements, charges, classification, or service, any rule, regulation or agreement relating hereto.

Mutual Understandings. 10.1 Customer hereby grants APS permission to install certain instrumentation equipment, including AMI Devices, at a location on Customer’s premises that is mutually agreed to by the Parties. Such equipment shall be owned, furnished, installed and maintained by APS at its sole cost and shall not interfere with Customer’s use and operation of its premises; provided, however, Customer shall afford APS continuing access to this equipment consistent with the requirements of APS’ tariffs. 10.2 APS’ makes no warranty or representation to Customer or any third party regarding the safety, durability, reliability, performance or fitness of Customer’s GF or service facilities, its control or protective devices or the design, construction, installation or operation thereof. 10.3 Customer acknowledges that the any third party contractors that Customer uses to provide, install or maintain its GF (“Third Party Contractors”) are not agents, contractors, or employees of APS. Certain Third Party Contractors may use APS trademarks or logos, such as but not limited to the logo “APS Qualified Solar Installer,” to promote various APS incentive or referral programs, or to indicate such Third Party Contractor is qualified to participate in such APS programs. However, customer Customer understands and agrees that the Third Party Contractor is retained by Customer as an independent contractor and that the Third Party Contractor is solely responsible for the goods, equipment, materials and all services provided by the Third Party Contractor to Customer for the GF. Customer hereby indemnifies, releases and holds APS, its officers, directors, employees, agents, representatives, affiliates, successors and assigns harmless from any liability, damage, cost, or expense, including reasonable attorneys’ fees and legal costs, that arise out of or result from the Third Party Contractor’s sale or use of goods, equipment, materials or its performance of services. 10.4 APS (including its employees, agents and representatives) shall have the right to enter Customer’s premises at all reasonable times to (a) inspect Customer’s GF, protective devices, and to read or test instrumentation equipment that APS may install, provided that reasonable notice is given to Customer prior to entering its premises; (b) maintain or repair APS equipment; (c) immediately and without prior notice disconnect or cause Customer to immediately disconnect, the GF or otherwise render the GF disconnected from the APS system (including by opening the Disconnect Switch) if, in APS’ opinion, a hazardous condition exists and or such immediate action is may be necessary to protect persons, APS facilities, or other customers’ or third parties’ property and facilities from damage or interference, or if, in APS’ opinion, any of the protective devices or switching apparatus is not or does not appear to be operating properly; (d) verify the Disconnect Switch is opened and properly grounded, if an operating clearance is required by APS personnel. 10.5 If, at any time, APS in its sole discretion believes that operation should have reason to question the integrity of any of the GF protective and switching apparatus and believes that such loss of integrity may harm or impair the operation of the APS’ System, then Customer shall promptly demonstrate, to APS’ reasonable satisfaction, the correct calibration and operation of the equipment in question. If Customer is unable to demonstrate the correct calibration and operation of the equipment to APS’s reasonable satisfaction, APS may immediately and without prior notice disconnect or cause Customer to immediately disconnect the GF from the APS system (including by opening the Disconnect Switch). 10.6 APS will not install and or maintain any lines or equipment on Customer’s side of the Point of Interconnection except its metering and telecommunication equipment and possibly some research equipment pursuant to section Section 10.1 of this agreementAgreement. Only authorized APS employees or representatives are permitted to make and energize the service connection between the APS System and the Customer’s SES conductors. Such employees and representatives carry credentials, which they will show to Customer upon request. 10.7 Notwithstanding any other provisions of this Agreement, APS shall have the right to unilaterally file with the Arizona Corporation Commission (the ACC), pursuant to the ACC’s rules and regulations, an application for a change in requirements, charges, classification, or service, any rule, regulation or agreement relating hereto.

Mutual Understandings. 10.1 Customer hereby grants APS permission to install certain instrumentation equipment, including AMI Devices, at a location on Customer’s premises that is mutually agreed to by the Parties. Such equipment shall be owned, furnished, installed and maintained by APS at its sole cost and shall not interfere with Customer’s use and operation of its premises; provided, however, Customer shall afford APS continuing access to this equipment consistent with the requirements of APS’ tariffs. 10.2 APS’ makes no warranty or representation to Customer or any third party regarding the safety, durability, reliability, performance or fitness of Customer’s GF or service facilities, its control or protective devices or the design, construction, installation or operation thereof. 10.3 . Customer acknowledges that the any third party contractors that Customer uses to provide, install or maintain its GF (“Third Party Contractors”) are not agents, contractors, or employees of APS. Certain Third Party Contractors may use APS trademarks or logos, such as but not limited to the logo “APS Qualified Solar Installer,” to promote various APS incentive or referral programs, or to indicate such Third Party Contractor is qualified to participate in such APS programs. However, customer Customer understands and agrees that the Third Party Contractor is retained by Customer as an independent contractor and that the Third Party Contractor is solely responsible for the goods, equipment, materials and all services provided by the Third Party Contractor to Customer for the GF. Customer hereby indemnifies, releases and holds APS, its officers, directors, employees, agents, representatives, affiliates, successors and assigns harmless from any liability, damage, cost, or expense, including reasonable attorneys’ fees and legal costs, that arise out of or result from the Third Party Contractor’s sale or use of goods, equipment, materials or its performance of services. 10.4 10.3 APS (including its employees, agents and representatives) shall have the right to enter Customer’s premises at all reasonable times to (a) inspect Customer’s GF, protective devices, and to read or test instrumentation equipment that APS may install, provided that reasonable notice is given to Customer prior to entering its premises; (b) maintain or repair APS equipment; (c) immediately and without prior notice disconnect or cause Customer to immediately disconnect, the GF or otherwise render the GF disconnected from the APS system (including by opening the Disconnect Switch) if, in APS’ opinion, a hazardous condition exists and or such immediate action is may be necessary to protect persons, APS facilities, or other customers’ or third parties’ property and facilities from damage or interference, or if, in APS’ opinion, any of the protective devices or switching apparatus is not or does not appear to be operating properly; (d) verify the Disconnect Switch is opened and properly grounded, if an operating clearance is required by APS personnel. 10.5 10.4 If, at any time, APS in its sole discretion believes that operation of any of the GF protective and switching apparatus may impair the operation of the APS’ System, then Customer shall promptly demonstrate, to APS’ reasonable satisfaction, the correct calibration and operation of the equipment in question. If Customer is unable to demonstrate the correct calibration and operation of the equipment to APS’s reasonable satisfaction, APS may immediately and without prior notice disconnect or cause Customer to immediately disconnect the GF from the APS system System (including by opening the Disconnect Switch). 10.6 10.5 APS will not install and or maintain any lines or equipment on Customer’s side of the Point of Interconnection except its metering and telecommunication equipment and possibly some research equipment pursuant to section 10.1 of this agreement. Only authorized APS employees or representatives are permitted to make and energize the service connection between the APS System and the Customer’s SES conductors. Such employees and representatives carry credentials, which they will show to Customer upon request. 10.7 10.6 Notwithstanding any other provisions of this Agreement, APS shall have the right to unilaterally file with the Arizona Corporation Commission (the ACC), pursuant to the ACC’s rules and regulations, an application for a change in requirements, charges, classification, or service, any rule, regulation or agreement relating hereto.