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McKinley Service & Equipment, Inc. Quote #3232 - Terms & Conditions or both of any payment to be made by City of nalaska to SE under this Agreement or any Products to be delivered by SE under this Agreement. 3. PAYMENT TERMS: 90 DAY RUNTIME ACCEPTANCE PERIOD AS STATED IN QUOTE 3232 AND 3233 (a) The Acceptance Period will begin upon successful installation, interconnection and start-up of the Product at the Dutch Harbor Power Plant and will operate until the later of ninety (90) days from the date of start-up or one hundred and fifty (150) days from date of arrival of the Product at the City of nalaska, unless extended or terminated by mutual consent of the Parties in writing. 4. CONCLUSION OF ACCEPTANCE PERIOD: Within three business days of the conclusion of the Acceptance Period, City of nalaska will either: (a) Complete the purchase of Product as described in the uote with payment in full, and wire 30 deposit with Purchase Order for purchase of two (2) additional Product’s and ancillary items as described in uote #3234 and #3235. (b) Request removal of the Product. If City of nalaska requests removal of Product in lieu of purchase, City of nalaska, at its sole expense, will disconnect and make the Product available in good condition for removal by SE. SE will not be responsible for the removal or replacement of any site-improvements or connection appurtenances installed at the Dutch Harbor Power Plant. 5. PAYMENT TERMS: FOR MACHINE 2 AND 3 AS STATED IN QUOTE 3234 AND 3235 (a) City of nalaska will wire 30 with Purchase Order, and wire 70 prior to shipment, (as mandated by manufacturer.) If ten (10) days after the scheduled ship date, City of nalaska has not delivered to SE payment totaling 100 of the Purchase Order amount, SE may cancel the order, charge City of nalaska the 20 cancellation fee, and return Product to SE’s inventory for sale. Custom third party accessories, such as and including air-cooled-condensers, require deposit of 100 with Purchase Orders. 6. GENERAL: THE PARTIES AC NOWLEDGE THAT: (a) During the Acceptance Period, value created by the Product, including but not limited to energy production, utility incentives, or any other benefit derived from operation, will belong to, or be the property of, City of nalaska or its assigns. (b) Performance data generated during the Acceptance Period will remain the confidential property of SE until, by mutual consent in writing, the Parties agree to make data available to the public. Thereafter, SE and/or ElectraTherm will have the right to video and photograph the Product in operation, interview site personnel regarding Product performance, and attend events and tours related to installation of the Product hosted at the Dutch Harbor Power Plant. Page 8 of 31PDF Image | Powerhouse Exhaust Gas Waste Heat to Energy Project
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