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12 January 2024
<br />EXHIBIT E
<br />
<br />Installation Agreement
<br />
<br />This Installation Agreement (“Installation Agreement”) governs any Customer purchase of installation services set forth on the
<br />Sales Order and Quote. In the event the Customer has not purchased any installation services for EVSEs, this Installation Agreement
<br />is not applicable.
<br />
<br />1. Installation
<br />a. Installation Services. The Company shall provide “Installation,” including any removal requested, of certain EVSEs to
<br />the Customer in a professional and timely manner. Upon completion, Company shall remove all its waste materials, tools,
<br />construction equipment, machinery and surplus Equipment from and around the Customer property.
<br />b. Equipment. Customer shall be responsible for securing the EVSEs identified in the applicable Quote.
<br />c. Inspections and Acceptance. Upon completion, the Installation will be immediately inspected by the person designated
<br />by the Customer to supervise the project. Any objections to Installation performed shall be given in writing to Company within two
<br />(2) business days (“Inspection Period”). Acceptance of Installation shall not be unreasonably withheld.
<br />d. Payments. If no objections are made within the Inspection Period, then payment of the Fee shall be tendered to
<br />Company and Company shall promptly execute and submit any documentation reasonably requested by Customer, such as any forms
<br />or permits that may be required under law. If objections are timely made, Company shall have a reasonable time to cure.
<br />2. Termination. If Customer fails to remit any due payment, Company, at its sole discretion and in addition to any other
<br />remedy available to it by law and/or by equity, may discontinue Installation and recover damages to which Company is entitled
<br />including unpaid Fees, the value of the Installation performed and all amounts which would have become due to Company under this
<br />Agreement for the remainder of the Installation. Customer hereby agrees that Company shall have the right to immediately collect
<br />all unpaid Fees along with all costs and expenses incurred by Company in connection with such collection, including reasonable
<br />legal fees. This Installation Agreement shall automatically expire upon (i) Customer’s acceptance of the Installation or (ii)
<br />expiration of the Inspection Period, where Customer has waived its right to object.
<br />3. Force Majeure. Any interruption of Installation directly or indirectly caused by a change in or enactment of any law by any
<br />governmental agency or body which make the subject matter of this Agreement illegal, national emergencies, insurrections, riots,
<br />embargoes, wars, terrorist acts or strikes, lockouts, work stoppages or other labor difficulties, power failure, worldwide shortage of
<br />any necessary component or material relating to the rendering of the Installation, floods, storms, earthquakes, power failure, internet
<br />service failure or unavailability of telephone service, acts of God, or for any other cause beyond the reasonable control of Company
<br />shall create no liability on the part of Company. Company shall not be required provide Installation required hereunder for Customer
<br />while interruption of Installation due to any such cause continues. The parties agree that in the event such interruption of Installation
<br />for the causes anticipated above continues for a period of sixty (60) days or more, either party shall have the right to cancel this
<br />Agreement by written notice, and in no event shall the Customer be required to pay, or the Company be entitled to collect, any
<br />payment for the period of such interruption of Installation. This Agreement, or any part thereof, may be immediately suspended or
<br />canceled, at the option of either Company or Customer, if (i) Company’s premises are destroyed by fire or other catastrophe and it is
<br />impractical to continue Installation or (ii) a material portion of the Company’s premises are destroyed by fire or other catastrophe
<br />and it is impractical to continue Installation.
<br />4. Limited Liability. THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL
<br />LOSS OR DAMAGE INCLUDING (WITHOUT LIMITATION TO THE FOREGOING) ECONOMIC LOSS, LOSS OF
<br />PROFITS, BUSINESS OPERATING TIME OR USE, HOWSOEVER ARISING. IN NO EVENT SHALL THE COMPANY
<br />LIABILITY EXCEED THE FEES PAID TO THE COMPANY.
<br />5. Indemnification
<br />a. Company shall defend, indemnify and hold Customer, corporate affiliates, and their respective officers, directors,
<br />agents and employees harmless from damage, liability and expenses, including, but not limited, to reasonable attorneys’ fees,
<br />resulting from the negligent acts or willful misconduct of Company’s agents and employees, or anyone directly or indirectly
<br />employed or controlled by it, committed while performing the Installation on Customer’s premises, to the extent that they are the
<br />direct cause of the loss, damage or injury to third parties or property (e.g., equipment dislodging and striking a third party due to
<br />improper installation), as opposed to being caused by an occurrence or the consequences therefrom that the Installations were
<br />intended to deter, detect, or avert. The indemnification as provided in this paragraph shall be subject to a monetary limitation of the
<br />amount of the Fees and Customer and Company both acknowledge that the monetary limitation referenced above bears a reasonable,
<br />commercial relationship to this Agreement. This provision shall survive termination or expiration of the Agreement.
<br />Docusign Envelope ID: 17376B40-F266-4EAA-9C62-48006BF43380
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