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momentum
<br /> SOLAR
<br /> incur before and after judgment and any other costs permitted under applicable law.',If you fail to pay your third-party finance company pursuant to the terms
<br /> Of your agreement with them,you may be subject to any of the terms and remedies set forth in that agreement. Please consult that agreement to determine
<br /> .your liability and rights regarding the third-party finance company.
<br /> Mechanic's Lien Warning: Any contractor, subcontractor, or materialman who provides home improvement goods or services pursuant to your home
<br /> improvement contract and who is not paid may have a valid legal claim against your property known.as a mechanic's lien.Any mechanic's lien filed against
<br /> your property may be discharged.Payment of the agreed-upon price under the home improvement contract prior to filing of a mechanic's lien may invalidate
<br /> such lien.You may contact an attorney to determine your rights to discharge a mechanic's lien.
<br /> Inspection of Roof Installation:You agree to allow any state or local governmental authority to inspect the Roof Installation at the service address.
<br /> Cancellation by Customer: If you cancel this agreement at any time after the cancellation period described in this agreement or otherwise prevent us from
<br /> completing the Roof Installation,you agree to reimburse us in full for the cost of materials,labor,and services provided u p to the date and time of cancellation.
<br /> Termination by Momentum: Prior to beginning design and permitting work,we will perform a physical assessment of the roof condition to verify the suitability
<br /> of the site for Roof Installation. If we determine that existing site conditions will not allow for a successful implementation of the Roof Installation,we may
<br /> terminate this agreement if you and we are unable to agree to modifications needed to provide for additional work needed to m ake the site suitable for the Roof
<br /> Installation. If we do so terminate this agreement,we will refund your initial deposit in full. We may also terminate this agreement after completion of our site
<br /> assessment without further obligation if either (a) you breach this agreement, or (b) we discover or become aware of: (1) previously undisclosed legal
<br /> encumbrances or easements affecting the service address,(ii)building/zoning code violations at the service address,or(iii)hidden or unforeseen hazardous
<br /> conditions such as the presence of mold,asbestos,lead paint,or any other conditions not disclosed to us:
<br /> Manufacturer's Warranty:The manufacturer of the materials used in the Roof Installation may warrant those materials against certain defects.,We have
<br /> made available to you any such manufacturer's warranties,which govern your rights to seek a remedy from the manufacturer with respect to covered defects.
<br /> Limited Warranty: We warrant to you that we conducted the Roof Installation in accordance with (a)the written specifications of the roofing materials
<br /> manufacturers and(b)good roofing industry practices,as that term was generally understood as of the date the Roof Installation commenced. Subject to the
<br /> following terms,conditions,and limitations,we will,for five years commencing on the day the Roof Installation is completed(the"Warranty Period'),at our
<br /> expense,repair or cause to be repaired leaks in your,roof which are the result of defects in our workmanship. Upon expiration of the Warranty Period we will
<br /> have no further obligation to make repairs under this limited warranty,and you will have no further'claim against us concerning our workmanship on the Roof
<br /> Installation or any materials we used in the Roof Installation. This limited warranty does not cover any leaks in the roof caused by:the acts or omissions of
<br /> other trades or contractors;lightning,winds of peak gust speeds of 55 m.p.h.or higher measured at 10 meters above ground,hail storm,flood,earthquake,or
<br /> other unusual phenomenon of the elements; structural settlement; failure, movement, cracking or excess deflection of the roof deck; defects or failure of
<br /> materials used as a roof substrate over which the roof system is applied;faulty condition of parapet walls,copings,chimneys,skylights,vents,supports,or
<br /> other parts of the building; vapor condensation beneath the roof; penetrations for pitch boxes;erosion,cracking, and porosity of mortar and brick; dry rot;
<br /> stoppage of roof drains and gutters;penetration of the roof from beneath by rising fasteners of any type;inadequate drainage,slope or other conditions beyond
<br /> our control which cause podding or standing of water;termites or other insects;rodents or other animals;fire;or harmful chemicals,oils,acids and the like that
<br /> come in contact with the roofing system and cause a leak or otherwise damage the roof system. If the roof fails to maintain a water-tight condition because of
<br /> damage by reason of any of the foregoing,this limited warranty shall immediately become null and void. Additionally,this limited warranty shall become null
<br /> and void:(a) if you do not provide to us,during the Warranty Period,notice of a covered defect and an opportunity to inspect your roof and make any
<br /> repairs required by the terms of this limited warranty'or(b)if work(other than installation of a photovoltaic system by us or our designee)is done on your roof,
<br /> including,without limitation,work in connection with flues,vents,drains,sign braces,railings,platforms,or other equipment fastened to or set on the roof,or if
<br /> repairs or alterations are made to your roof without first notifying us in writing and giving us a reasonable opportunity to make the necessary roofing application
<br /> recommendations with respect to such repairs or alterations,or you fail to comply with any roofing application recommendation we make;or(c)if any area of
<br /> the roof is used as a promenade, walkway, or work area or is sprayed or flooded, unless such use was originally specified with a defined area and the
<br /> specification was provided in writing to us prior to our commencement of the Roof Installation. You agree to pay us for time and materials expended in making
<br /> recommendations or repairs occasioned by the work of others on your roof.
<br /> Binding Nature:This agreement shall bind and inure to the benefit of the respective heirs,personal representatives,successors,and permitted assigns of
<br /> each party.
<br /> Entirety of Contract;Modification;Waiver:This agreement constitutes the complete agreement between you and us concerning the subject matter of this
<br /> agreement and supersedes and cancels any and all prior communications,representations,and agreements between you and us,wh ether written or oral,with
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