Page 1 FILED: NEW YORK COUNTY CLERK 08/20/2019 06:40 PM
NYSCEF DOC. NO. 53
INDEX NO. 654765/2019
RECEIVED NYSCEF: 08/20/2019
EXHIBIT Page 2 INDEX NO. 654765/2019
FILED: NEW YORK COUNTY CLERK 08/20/2019 06:40 PM
NYSCEF DOC. NO. 53
RECEIVED NYSCEF: 08/20/2019
;C
Walmart
Energy
Walmart
Sam
Katherine
Sr.
Jennrich
Mgr.
Walton
Development
Canoy
Renewable
& Erms
Energy
s ions
email:
S
Inc.
Tesla,
Deer
Palo
Attn-
Creek
Road
CA 94304
Alto,
Christ
Ford
RE:
Dear
Notice
Mr.
As you
properly
=n
two
fires
roof
Tesla
of
placed
a result,
and
generated,
to Walmart
Tesla
and
in June
suspend
it was
both
, 2013,
you
Therefore,
on September
was a misunderstmÆng
would
any assertion
remediation.
First,
and
testmg
inspected
please
from
locations
state
party
Second,
Ohio,
the
has been
and
3536D928v1
are
so in writing
a third
Walmart
suggest
and
fire
that
None
of
and provide
investigations
and
for months
fires,.
no
appear
with
to meet
at this
with
our
of your
investigations.
the solar
Tesla
provide
plan
provide
Tesla's
has
the commg
first, butit
place
and
that
Walmart,
Perhaps,
is highly
of the
understanding
a If Tesla
Tesla
remediation
plan
(I&R)
provided
this
concemmg
time.
conclusions
that
provided
protocols
taken
days.
to be co-
issues
not
withm
and
that
Please
comport
inspections
have
is
the Affected
results
of the Agreements
whatsoever
from
warranty
not
steps
to have
clear
the desire
is appropriate
does
these
breach
to re-energize
indicate
or DC power
that
maintenance
items
Indeed,
now.
as a further
also
re-energizmg
guaranteed
requesting
the Indio,
California
for months
no AC
fleet
solar
these
to
years.
risk.
andremediation
and
current
at
the written
mspection
However,
in prior
enumerated
investigations
Tesla's
demand.
an expectation
as you
completed,
fire
in
this
as weR
surprising,
indicated
to re-energize
a clear
ofthe
of the Agreements
or confusion
even
of
were
resulting
all
failed
in at least
systems.
so that
Walmart
comprehensrve
and
conclusions
receipt
panels
Sites.
Tesla
fact,
andhe
generation
is
"Tesla")
Tesla
(the
and
as others
merch
solar
all solar
investigatians
In
Sites,
as well
and
(hereaaer
Walmart
Sites").
alone,
by the Tesla
Affected
unprovements
confirmed
in breach
fire
an approved
upon,
significant
Tesla
has remained
agreed
the
year
to de-energize
Inc.
Tesla,
between
at the AHected
facilities
created
at aR ofthe
until
this
employees,
agreed
that
"A&cted
systems
systems
were
operations
counsel,
was
and
Walmart,
Tesla
201B,
solar
(the
facilities
generation
generation
concems
aMrmed
agreemenN
Services
and
customers,
de-energized
Sites
implemented.
"Walmart
Power
solar
safety
and its outside
all Affected
you
Tesla
by
(hereinafter
Solar
Walmart's
rem2m
would
that
Breach
numerous
Walmart
covermg
and inspect
the solar energy
health
As
Inc.
certam
involving
extraordinary
Tesla
W21mart
know,
breach
"Agreements")
Sites
of Continued
Ford:
material
to
-3278
(479)
, 2018
September
for
katherine.canoy@walmart-com
phone:
in
Iric.
Center
have
systems
certainly
its findings
complete
status
is representing
of review,
that
the
been
then
remedied,
entirely
Please provide
certification
should
have
no further
not
been
completed.
as to what
analysis
caused
for both
issues.
Indeed,
the Beavercreek,
fires
immediately.Page 3 INDEX NO. 654765/2019
FILED: NEW YORK COUNTY CLERK 08/20/2019 06:40 PM
NYSCEF DOC. NO. 53
¥
Walmart
These
RECEIVED NYSCEF: 08/20/2019
if prepared
reports,
can be taken.
If this
Energy
if remediation
Third,
Tesla,
certamly
is not
complete,
by
analysis
and
repairs
need
to be shared,
then
have
Tesla
been
reviewed
is clearly
undertaken
and
as a result
what
was done at each Afected
Site.
We are not
exactly
Beavercreek
and Indio
stores, and such plans must be integrated
evaluated
not prepared
aware
of
before
the
inspections,
of any remediation
the remediation
for
into
what will be changed
at the Beavercreek
and Indio
stores, and affum
specify
be made at all Affected
Sites. If the remediation
plans for Indio
andBeavercreek
that
are limited
that
please
The
please
Sixth,
plans
and
seem
that
before
they
future
please
hot
spots
that glossing
but we must
date
I&R,
for
meeting
Thank
by
you
fires
all other
and
their
including
simihr
to those
feedback
how
you
implemented
not
present
in
fires
involving
Tesla
issues
safety
of the inspections.
the inspection
based
and
thereupon.
solar
systems
influence
will
the requested
in order
your
specific
requested
later
for the Beavercreek
This
in Beavercreek
to any
hot
spots
and Indio
could
history
and
over
the
the remediation
for eighteen
remediation
California.
inspectians.
It would
dming
and we want to be made aware of them
information
and
them.
in October,
and
well
to determine
ardicipated
as
As to your
Once
provide
should
an
if resolution
cooperation
desue
we receive
that
We also
materials.
this
allow
need
to meet,
to
discuss
address
and
we
look
forward
to your
J
CC:
President,
Walmart
Energy,
loc.
Walmart
to appreciate
we are willing
we would
information,
us to also
opportunity
Tesla
the
to do so,
propose
the status
breaches
a
of the
of
the
can be reachect
Katherine
Vice
stores
influence
discovered
concems,
ongoing
not remedy
documents.
as
remediatinas,
for
seen
of potential
the
in Bentonville
Tesla,
reports
of the incidents.
responses
By:
3536D928v1
changes
to specific
of the reimbursement
believe
Sincerely,
Vanderhehn,
is
in a few
plan
and cimihr
fires
the terms
items.
Mark
the same
risk
the
Sites.
hazards.
breaches
receive
and data
the day
provide
bigger
conclusions,
Agreements
same
to participate
understand
a remediation
of other
all inspection
we requne
over
first
and
under
Indeed,
consultants
and we do not
for any
frequency
are an indication
become
Ultimately,
the
why
for
Sites.
to the fires,
prevent
analysis
and
provide
pnor
Seventh,
your
place.
has engaged
gathered
causes
for the Affected
months
document
Sites,
are stil1taking
being
results
analyzed,
provide
last six (6)years.
Affected
Walmart
is still
is complete,
(I&R)
other
inspections
know,
information
Fifth,
(18)
at
of the Agreements,
Certamly,
plans
located
state
brand.
as you
Fourth,
provisions
review
is not
of another
please
planned
will
eqmpment
steps
all Affected
Please
eqmpment
any
to re-energize.
Inc,.
SE 10* Street
Bentonville,
AR 72716-5530
Cano
to aR of these
PDF Page 1
PlainSite Cover Page
PDF Page 2
FILED: NEW YORK COUNTY CLERK 08/20/2019 06:40 PM
NYSCEF DOC. NO. 53
INDEX NO. 654765/2019
RECEIVED NYSCEF: 08/20/2019
EXHIBIT
247
PDF Page 3
INDEX NO. 654765/2019
FILED: NEW YORK COUNTY CLERK 08/20/2019 06:40 PM
NYSCEF DOC. NO. 53
RECEIVED NYSCEF: 08/20/2019
;C
Walmart
Energy
Walmart
Sam
Katherine
Sr.
Jennrich
Mgr.
Walton
Development
2
Canoy
Renewable
& Erms
Energy
s ions
email:
1 S
Inc.
Tesla,
3500
Deer
Palo
Attn-
Creek
Road
CA 94304
Alto,
Christ
Ford
RE:
Dear
Notice
Mr.
As you
properly
=n
two
fires
roof
Tesla
of
placed
a result,
and
generated,
to Walmart
Tesla
and
in June
suspend
it was
both
10, 2013,
you
Therefore,
on September
was a misunderstmÆng
would
any assertion
remediation.
First,
and
testmg
inspected
please
from
locations
state
party
Second,
Ohio,
the
has been
and
3536D928v1
are
so in writing
a third
Walmart
suggest
and
fire
that
None
of
and provide
investigations
and
for months
fires,.
no
appear
with
to meet
at this
with
our
of your
investigations.
the solar
Tesla
provide
plan
provide
Tesla's
has
the commg
first, butit
place
and
that
Walmart,
Perhaps,
is highly
of the
understanding
a If Tesla
Tesla
remediation
plan
(I&R)
provided
this
concemmg
time.
conclusions
that
provided
protocols
taken
days.
to be co-
issues
not
withm
and
that
Please
comport
inspections
have
is
the Affected
results
of the Agreements
whatsoever
from
warranty
not
steps
to have
clear
the desire
is appropriate
does
these
breach
to re-energize
indicate
or DC power
that
maintenance
items
Indeed,
now.
as a further
also
re-energizmg
guaranteed
requesting
the Indio,
California
for months
no AC
fleet
solar
these
to
years.
risk.
andremediation
and
current
at
the written
mspection
However,
in prior
enumerated
investigations
Tesla's
demand.
an expectation
as you
completed,
fire
in
this
as weR
surprising,
indicated
to re-energize
a clear
ofthe
of the Agreements
or confusion
even
of
were
resulting
all
failed
in at least
systems.
so that
Walmart
comprehensrve
and
conclusions
receipt
panels
Sites.
Tesla
fact,
andhe
generation
is
"Tesla")
Tesla
(the
and
as others
merch
solar
all solar
investigatians
In
Sites,
as well
and
(hereaaer
Walmart
Sites").
alone,
by the Tesla
Affected
unprovements
confirmed
in breach
fire
an approved
upon,
significant
Tesla
has remained
agreed
the
year
to de-energize
Inc.
Tesla,
between
at the AHected
facilities
created
at aR ofthe
until
this
employees,
agreed
that
"A&cted
systems
systems
were
operations
counsel,
was
and
Walmart,
Tesla
201B,
solar
(the
facilities
generation
generation
concems
aMrmed
agreemenN
Services
and
customers,
de-energized
Sites
implemented.
"Walmart
Power
solar
safety
and its outside
all Affected
you
Tesla
by
(hereinafter
Solar
Walmart's
rem2m
would
that
Breach
numerous
Walmart
covermg
and inspect
the solar energy
health
As
Inc.
certam
involving
extraordinary
Tesla
W21mart
know,
breach
"Agreements")
Sites
of Continued
Ford:
material
to
204-3278
(479)
11, 2018
September
for
1
katherine.canoy@walmart-com
phone:
in
Iric.
Center
have
systems
certainly
its findings
complete
status
is representing
of review,
that
the
been
then
remedied,
entirely
Please provide
certification
should
have
no further
not
been
completed.
as to what
analysis
caused
for both
issues.
Indeed,
the Beavercreek,
fires
immediately.
PDF Page 4
INDEX NO. 654765/2019
FILED: NEW YORK COUNTY CLERK 08/20/2019 06:40 PM
NYSCEF DOC. NO. 53
¥
Walmart
These
RECEIVED NYSCEF: 08/20/2019
if prepared
reports,
can be taken.
If this
Energy
if remediation
Third,
Tesla,
certamly
is not
complete,
by
analysis
and
repairs
need
to be shared,
then
have
Tesla
been
reviewed
is clearly
undertaken
and
as a result
what
was done at each Afected
Site.
We are not
exactly
Beavercreek
and Indio
stores, and such plans must be integrated
evaluated
not prepared
aware
of
before
the
inspections,
of any remediation
the remediation
for
into
what will be changed
at the Beavercreek
and Indio
stores, and affum
specify
be made at all Affected
Sites. If the remediation
plans for Indio
andBeavercreek
that
are limited
that
please
The
please
Sixth,
plans
and
seem
that
before
they
future
please
hot
spots
that glossing
but we must
date
I&R,
for
meeting
Thank
by
you
fires
all other
and
their
including
simihr
to those
feedback
how
you
implemented
not
present
in
fires
involving
Tesla
issues
safety
of the inspections.
the inspection
based
and
thereupon.
solar
systems
influence
will
the requested
in order
your
specific
requested
later
for the Beavercreek
This
in Beavercreek
to any
hot
spots
and Indio
could
history
and
over
the
the remediation
for eighteen
remediation
California.
inspectians.
It would
dming
and we want to be made aware of them
information
and
them.
in October,
and
well
to determine
ardicipated
as
As to your
Once
provide
should
an
if resolution
cooperation
desue
we receive
that
We also
materials.
this
allow
need
to meet,
to
discuss
address
and
we
look
forward
to your
J
CC:
President,
Walmart
Energy,
loc.
Walmart
to appreciate
we are willing
we would
information,
us to also
opportunity
Tesla
the
to do so,
propose
the status
breaches
a
of the
of
the
can be reachect
Katherine
Vice
stores
influence
discovered
concems,
ongoing
not remedy
documents.
as
remediatinas,
for
seen
of potential
the
in Bentonville
Tesla,
reports
of the incidents.
responses
By:
3536D928v1
changes
to specific
of the reimbursement
believe
Sincerely,
Vanderhehn,
is
in a few
plan
and cimihr
fires
the terms
items.
Mark
the same
risk
the
Sites.
hazards.
breaches
receive
and data
the day
provide
bigger
conclusions,
Agreements
same
to participate
understand
a remediation
of other
all inspection
we requne
over
first
and
under
Indeed,
consultants
and we do not
for any
frequency
are an indication
become
Ultimately,
the
why
for
Sites.
to the fires,
prevent
analysis
and
provide
pnor
Seventh,
your
place.
has engaged
gathered
causes
for the Affected
months
document
Sites,
are stil1taking
being
results
analyzed,
provide
last six (6)years.
Affected
Walmart
is still
is complete,
(I&R)
other
inspections
know,
information
Fifth,
(18)
at
of the Agreements,
Certamly,
plans
located
state
brand.
as you
Fourth,
provisions
review
is not
of another
please
planned
will
eqmpment
steps
all Affected
Please
eqmpment
any
to re-energize.
Inc,.
2001 SE 10* Street
Bentonville,
AR 72716-5530
Cano
to aR of these
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