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25I - AGMT - ELECTRIC VEHICLE CHARGERS
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08/05/2013
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25I - AGMT - ELECTRIC VEHICLE CHARGERS
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8/1/2013 10:56:58 AM
Creation date
8/1/2013 10:03:40 AM
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City Clerk
Doc Type
Agenda Packet
Agency
Finance & Management Services
Item #
25I
Date
8/5/2013
Destruction Year
2018
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year from the date of installation. Should Site Owner wish to obtain an extended product or <br />installation warranties, Site Owner should contact CCI Program Partners for a description of <br />applicable terms and conditions. <br />6. Additional Products and Services. In the event that Site Owner desires to purchase <br />additional Charge Stations and/or related products or services, this transaction will be <br />handled outside of this agreement. <br />7. Access to the Public. All of the Charge Stations will be installed in a manner and in <br />locations that make them available for access and use by the general public. The Charge <br />Stations and the facilities, in which they are located, shall be kept clean and in good repair. <br />Site Owner agrees to maintain appropriate signage that clearly and prominently identifies <br />and, where appropriate, provides directions to the Charge Stations so that they may be easily <br />located by drivers of electric vehicles. Site Owner shall promptly call CCI Program Partners, <br />in order to arrange for the repair of any non-functioning Charge Stations. <br />8. Representations and Warranties. Site Owner represents and warrants to CCI and CCI <br />Program Partners that: <br />(i) Authority -- Site Owner has the power and authority to enter into and be bound by this <br />Agreement and to authorize the replacement or installation of the Charge Stations and <br />any other electric vehicle charge products or services at the location(s) (the "Locations") <br />set forth in Exhibit "A"; <br />(ii) No Violation With Existing Site Owner Electrical Supply or Other Agreements -- <br />Site Owner assumes all responsibility that the electrical usage of the Charge Stations will <br />not violate or otherwise conflict with the terms and conditions of any applicable electrical <br />purchase or other agreement including, without limitation, any lease, to which Site <br />Owner is a party; <br />(iii)Installation of Charge Stations Will Not Violate Any Other Agreements or Laws -- <br />Site Owner will not install or attach, or allow to be installed or attached, Charge Stations <br />on or to infrastructure not owned by Site Owner without proper authority or consent, and <br />will otherwise observe all applicable governmental or other restrictions (whether by <br />agreement or otherwise) applicable to the Locations; and <br />(iv)Compliance Laws -- Site Owner will comply with all applicable laws. <br />9. Further Representations and Warranties for Tenants. If the Charge Stations are to be <br />installed at one or more locations at which Site Owner is a tenant rather than the owner <br />thereof, Site Owner represents and warrants to CCI that Site Owner has received all consents <br />from its landlord(s) that are necessary for the installation of the Charge Stations in a manner <br />that does not violate its lease. Site Owner shall promptly reimburse CCI for any costs <br />incurred by it, any of its Authorized Distributors or Certified Network Contractors, including, <br />without limitation, reasonable attorneys fees, as a result of the installation of Charge Stations <br />in violation of this section. <br />10. Publicity. Site Owner agrees to permit CCI and CCI Program Partners to use its name, in a <br />manner reasonably approved by Site Owner, for purposes of publicizing the Program. For <br />these purposes CCI and CCI Partners will inform Site Owner, in writing, at least ten (10) <br />25124
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