HomeMy WebLinkAboutBuilding Permit # 2/9/2016 f %AORTH
BUILDING PERMIT ��°�
TOWN OF NORTH ANDOVER ° p
APPLICATION FOR PLAN EXAMINATION
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Permit NO: l Date Received "4 >�
44
Date Issued:
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ORTANT:A licant must com Tete all items on this a e
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TYPE OF IMPROVEMENT PROPOSED USE
Residential Non- Residential
ew Building ne family
❑Addition ❑Two or more family ❑ Industrial
❑Alteration No. of units: ❑ Commercial
❑ Repair, replacement ❑Assessory Bldg ❑ Others:
❑ Demolition ❑ Other
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Identification Please Type or Print Clearly)
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OWNER: Name: ' Phone:
Address:
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ARCHITECT/ENGINEER Phone: d l�
Address: Reg. No. c ` '
FEE SCHEDULE.BULDING PERMIT:$12.00 PER$1000.00 OF THE TOTAL ESTIMATED COST BASED ON$125.00 PER S.F,�rW
Total Project Cost: qS FEE: $
Check No.: Receipt No.:
NOTE: Persons contracting with unregistered contractors do not have acceRto Wigu,aranty fund
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Town ollndover
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C10 . LANE Ver' L7.SS'
COC NICNEWICK
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U BOARD OF HEALTH
Food/Kitchen
Septic System
BUILDING INSPECTOR
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THIS CERTIFIES THAT ........... .. ...................... ........ ....................................
Foundation
has permission to erect .......................... buildings on .. .. .......... .. .. ..... ......
Rough
to be occupied as a .... chimney
........... ................... ....... ............ .......!?ro
.. .. ... ......... . .
provided that the person accepting this permit shall in every respnform to the terms of thea lication Final
on file in this office, and to the provisions of the Codes and By-Laws relating to the Inspection,Alteration and
Construction of Buildings in the Town of North Andover. PLUMBING INSPECTOR
Rough
VIOLATION of the Zoning or Building Regulations Voids this Permit. �
Final
PERMITT ELECTRICAL INSPECTOR
T
UNLESS CONSTRUC . Rough
Service
.... Final
BUILDING INSPECTOR
GAS INSPECTOR
Occupancy Permit Required to Occupy BuRough
Display in a Conspicuous Place on the Premises — Do Not Remove Final
No
Lathing or all oBe Done FIRE DEPARTMENT
Until Inspected and Approvedthe Building Inspector. Burner
Street No.
Smoke Det.
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Structural Group L0'0, U Y 84043
^ 1": (001) 234-7050
Scott E. Iffyssfing, PE
Senior Manager ofEngineering s^ot1w8ssDng@vkvintso/arcum
November 25, 2D1S
Mr. Dan Rock, Project K8anaQer
Vivint Solar
3301 North Thanksgiving Way, Suite 5OO
Lehi, UTO4O43
Re: Structural Engineering Services
Parsons Residence
34Berkeley Rd, North Andover K4A
G-4723274
8.06 kW
Dear Mr. Rock:
Pursuant to your request, we have reviewed the following information regarding solar panel installation on the roof of �
the above referenced home:
1. Site Visit/Verification Form prepared by a Vivint Solar representative identifying specific site
information including size and spacing of members for the existing roof structure.
2. Design drawings of the proposed system including o site p|an, roof plan and connection details for
the solar panels. This information was prepared by the OaaiQn Group and will be utilized for
approval and construction ofthe proposed system.
3. Photovoltaic Rooftop Solar System Permit Submittal identifying design parameters for the solar
system.
4. Photographs of the interior and exterior of the roof system identifying existing structural members
and their conditions. �
Based on the above information we have evaluated the structural capacity of the existing roof system to support the
additional loads imposed by the solar panels and have the following comments related to our review and evaluation:
Description of Residence:
The existing residence is typical wood framing construction with the roof system consisting of the following:
• Roof Section 1: Roof section is composed of 2x8 dimensional lumber at 16" on center with 1x8
collar ties every 32" and o single layer ofroofing. The attic space is unfinished and photos indicate
that there was free access to visually inspect the size and condition of the roof members.
w Roof Section 2: Roof section is composed of 2x6 dimensional lumber at 16" on center with 2x4
collar ties every 32" and e single layer nfroofing. The attic space is unfinished and photon indicate
that there was free access bovisually inspect the size and condition ofthe roof members.
Approved Structural Upgrade 0
1. Knee wall or Pudin constructed ofeither 2 x4'a or x G'o with a top and bottom plate
attached to the rafters and attics joists vespediva|y, shall be placed in the attic within
12" of load bearing wall below the attic. If pudin is utilized the maximum permitted
angle shall bm45degrees.
2. Full length sister rafter shall beinstalled from the ridge hothe exterior wall same size am
the existing rafter. The sistered rafter shall be nailed with 12 penny nails in a staggered
pattern every 18" One splice in the new rafter may bo permitted if metal p|ohao are
installed on both sides of the rafter with 3/8" carriage bolts. Minimum of 2 bolts are
required on both sides of the butt'ninL
Based on the span of the existing re0ena for roof section 2, a structural upgrade is required to strengthen the roof
system. The method to be used oho|| be determined by the Licensed Construction Supervisor (CSL) under my
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Page 20f2
direction and based on actual field conditions such as access to the attic and location of load bearing walls. All wood
material utilized for the roof system is assumed to be Spruce-Pine-Fir #2 or better with standard construction
components. The existing roofing material consists of composite shingle. Our review of the photos of the exterior
roof does not indicate any signs of settlement or misalignment caused by overstressed underlying members.
Stability Evaluation:
A. Wind Uplift Loading
1. Refer to attached EooUbrium Solar calculations sheet forASCE/SE| 7-10 Minimum Design Loads
for Buildings and other Structures, wind speed of 100 mph based on Exposure Category and 34
degree roof slopes on the dwelling enaos. Ground snow load is 50 PSF for Exposure B, Zone per
(ASCE/SEI 7-10).
2. Total area subject to wind uplift is calculated for the |nterior. Edge and Corner Zones of the
dwelling.
B. Loading Criteria
1OPSF = Dead Load (roVfing/fremimg) 50 PSF = Live Load (ground snow load)
3 PSF = Dead Load (solar panels/mounting hardware)
Total Dead Load= Y3P3F
C. Solar Panel Anchorage
1. The solar panels shall be mounted in accordance with the most recent "Ecolibriun/ Solar Installation
Manua/", which can be found on the Eoo|ibrium Solar website (acoUbriumneo|ar.com). If during solar
panel installation, the roof framing members appear unstable or deflect non-uniformly, our office
should banotified before proceeding with the installation.
2. The solar panels are 1 1/2" thick and mounted 4 1/2" off the roof for e total height off the existing roof
of 6". At no time will the panels be mounted higher than 6"above the existing plane of the roof. �
3. Maximum allowable pullout per lag screw io205lbs/inch of penetration as identified inthe Nation
Design Standards (NDS) of timber construction specifications for Spruce-Pine-Fir assumed. Based
on our evo|ueUon, the pullout value, utilizing o penetration depth of 1/2"' is |enn than the maximum
allowable per connection and therefore ivadequate.
4. Roof Sections /1 and 2>: Considering the roof slopes, the size, opeo|ng, condition of the roof, the
panel supports shall be placed at and attached no greater than every fourth roof member as panels
are installed perpendicular across members and no greater than the panel length when installed
parallel to the members (portrait). No panel supports spacing shall be greater than four (4) spaces
or 64" V/o. whichever is less.
5. Panel support connections shall bestaggered todistribute load toadjacent members.
Based on the above evaluation, with appropriate panel anchors being utilized and the structural upgrades installed,
the roof system will adequately support the additional loading imposed by the solar panels. This evaluation in in
conformance with the 2009 International Residential Coda with Massachusetts Amendments, current industry
standards and practice, and the information supplied to us at the time of this report.
Should you have any questions regarding the above or if you require further information do not hesitate to contact
me.
V truly yours, OF
JuAr ' IL
Scott E.Wyssling, rO No 507
MA Lice 07 C I
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,vvivint RESI DEN'TIAL SC)LAR POWER PURCHASE AGREEMENT'
Rachael Oarsons
YwA,OAlm,lj,,Aq,m j 34 BERKELEY RD pp
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34 BERKELEY RD MA01845 08/03/2016
MA 01845 (978) 273-8600
978-273-3549
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WE MAY 1-1AVE f�)flE"�(REENEI,',)YOt,)R('[(( DIl, PRE SCRE E N IN(-k Of (REDI T DOES No rim i�:,A(l'YOUR RE DITS(OHE
YOU (AN (1100SETO STOP RECEIVINO TRESCREENEW OFFERS OF ("RLC IT FROM USAND urHER(`OP' PANIES BY
CAL[ING1"OLL-FREE 888,567�8688, SEF PRESCREEN & OPT,OUT NOTI(E BELOW FOR MORE INFORMATION ABOUT,
PRESCREENED OFf"ERS,
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3301 "T'hanksgivkig Way, Su4te 500 Lel,.ii, I,Jl84043 877404,4129 1 80,17655758
ICSIDENTIAL SOLAR POWER PURCHASE EEME"N n
)lar`°, RLSIOlo-NHAL ")OL It IeOWI R PUfft:HA!A, lrb d�tfsw�ytl,y,Cl Yoltntr rrra,taa(i,atirarn, orr:Hpetatie'ara,
A(")Rf,J,M(M (togeethren with all do(urrwenta e^xprneea"alyY wd re(et tof all dpprov ls r0ating, t t a:�
(nccrrporata:ed herewith, thOs " . ` e t ( is n�er'ntere"d Systelrn, "9V(,! M1e 0l recl41ost interconrier:tVon of and
into on the, fraarnsactiorn Date µ,µda forth and:ove, by a�arnd perr.,na ssfon to operate the Syster"n wath the Utility,
be.etwreera °JI"JIN[ SOLAR 1.1E::Mt,nPtR, LLC:, as Dolravvare Mthouagh We wik prorriptly request nrterconrnection
Iarriteadl Iiaab0ity corn aany (together witEn Ccar SUCCeSSW arid fuer rr'oVs"arenrn to operate the rry';tt:4trra We Baan"ar'ncit
and assgr'ns, a, )lel aWd', "rM', "OV) and the tan r)rY"nane'` of, guarantee the date such perrrenssio n MI be
t.arnclersigned CUSrOMLlt(s) (traf„(:rtfner with Yoanr nracerved fr"ornn tEae Utility AfterWe receive the Utility's
successor's and pen'rrautted assugrs, "Customer', r" ' perrmssoorw to operate,We will activates the Systerra and
„Your,"; together with Us, the ," a&', and each, da cad S4? �t to generate Energy, r"neaSUred m kilowatt„1pa lyT hours Energy does rant include the Systerra
1. Design, Installation, and Activation. Irrteretots. YOU ARL N01 ALLOWED TO TURN ON DIE
(a) e Sfrrta is rw orf thep pjertair c t�rrrugtttoyulr SYSTE.Ivi I..I il'uL WIw NOl'IfY YOJ Il,,.iAl„ .I.I..IC UTILITY IHS
,of tie S gnreficarlt rrnaaterru_a lt;_to be used and e eanpm nt GIyt N ITS PLI'tIt ISSION TO C)l'L:RATL:. E'URSU,n'yI'*Il .I.0
tco....bp.._installed, We will design, install), service, and SEC1IQN /(ta. YOU RE LIABLE I`.'OR ANY COSTS OR
rnaintaan a solar photovoltaic systema ori Your hona'°Ie at ElYaly AC,11 REllLAT]NG TO YOUR PREMATURE
the rnstallatmn locataon described above (the a'"at: DVA1`10N OF THE SYS TE<lvl..
"Pl r` "(, whiicl-n will irncleade all solar panels, 2. ""terra and Renewal.
inverters, meters, and other components (coHectrvely„ (a( IIe'rran. This Agreement is effective as of the
the "Syst ,grfl, as further described in the CUstorner Transaction Gate and shall continue carntlkl the twentieth
Packet that We will provide to'Yor hereafter. Matet4 (20th) anniversary of the ln-Servoce Date (together
portions of the System generally wolf be mswtalled by wetlhn any renewal) term described in Section 2(b)(rn),the
Out, employed technicians and elec'tncuarrs. If We use ” "(. 'rhe a,/t 'Sety Date(' shall) be the first day
snrabcorntractors, We will provide You with their nara-nes after, all of the Vlowong have been achieved: (i) the
and license numbers of required by aapphc:abPle Iaw. System has been arnstaRled and is capable of generating
With Your cooperation, We will (i( design, mstaH, and Energy„ (iii) aH permits„ inspections„ and approvals
connect the Systerrn it rnnateriad compharnce woth all necessary to operate the System have been obtaamed;
applicable laws; (ii( complete all) regenured inspections, and (oar( the Systema has been interconnected with the
and (iii) obtain all required certifications and pern"nin is t_ltnllity and received perr"w'nllssron to operate.
In order to design a Systenn that rneaets Your needs, You ib( End of ,Tenni (i) Your Optic;>r'a.s. At the end
agree (1.( that We may obtair°r Y'oear electrical usage of thefern'r„ so kd;;ang as there is no t_eastomer Default
historyfn��e:;om Your caller_tr'ic stilt provider p Iy (1�
. Y f feu,. (tfae ours rbNr"n u�„ Yc,ada r�n°'ra�ay alai,¢, to: r.Oratirru.ace with this
°"Utl&Y') (2) to provide Us with copies of bills and Agreer"rncrnt for a renewal term of fives (`w( years at l'pthe
(:)cher ir'nfcar`rna➢trorn front YOUr t_ltnlrty; and (3) too ernter tt "ne;ywval' Price,' (a rpt"MMacnbed in `�C cItli an"t .24b„rhi ));
into acid execw rr any intim"ce::bl"nr'nectnnnn or i,nther (2) purr;I"aa.aae the Systern"a (as described in
agr eeermne,rits that rrnay tre re'epr.aured by Your Utrllnty We Se,cE..ion 2(l)(yft) and this Agreenferit wall autorn at'icaally
wilil design and install the Synslearrn'n at no cost to You, teren°nmate; or, (3) have the Systerrn G r4"wrrnd7veda at no cost
other than the Energy Ernrl'e, e agree tci maintain ta:9 You (ass described rr1 Section2 W(nyj) and this
Your f1ropert:y fie(, of trash during rrstaailaatior), and wwUi oygrnerrre,erit will aeatrarruatir:.ally tearnonaate No rr"rc�rr°e
Ovaarr eat;, any rriateeriak, or dlolarra after thijrn sats`(Calot( less thanrn thirty (fU(days Toricar to thr�
(b( $tart atrGk of tEoea Te,rrra, We will st,e,nd to Yc')o notice c cons:eer rnrg'i,
t,o{arla10i011 I7arte. Suble?c.t tro the clrraayn of pern,uttfrug Ym,ir teerrn edoptrcnns, it°WILJ(irny� they rcareew�a'al,
aar.ath0ritIoF , 4„x'0 athXrnr, and o t h o r d"o nditic)tva not,,jd e 0 u r EpO rd In Y,e , ari(J 4"arbe;erll+)t(a)rsi forrrnas, If YOU (10 not r'IY�if„t
(,ontr"fol, irvtarllatio n of tfMd," ".)y',atesrr” o�nr;yrakly tames"", any of the,,",c, w"4law.,)rns, tl,wl� will
(1( day and is art ir.opaated to n.Aaai t gar rr.l L)r' s ubstaarnt4iy aautwnaarir.aally w derndesv on la yeaar"td:o"'ye v basis (aar
a x s x a o a (.r ,�d (0 korie'e°'"w of Option n I he;`;a
r:;.c ra�rEa e�_tc� rein la�ate°r than Char. e��fate..a �1r�.�acrdfie���d'f aaEa�avit ale: ad;.rrlaew�l iia �e e tro,.'1.ta..r". f�.�
rern(?Anrwla.al fe)r'rnn habil seat forth the newLrniergy Price!¢ for
the renewal torfi"t b,i''C,`C;l on Our of t"he 3. Price and Payment.
teri i8vakIahIC`4 rnarket Ir1ff.}€rnat�on and 0g x) `lsaleof l e triclity t Sale I Fus Agroorli",11t
dc!ti?rnlIn ati0n of tfie then carr("'mt fair r`nadket Value of :;, for the silex energy by U,, to You aw"I not for the
the Systtrtrn (the "Renewal Price'), If You C,.lec! the sale of the Sy'ztr'm, thtk `3ystenr (as such terin
renewal option, thien We will need to receive Your is defined in Section 4 iW), or a solar energy device.
completed renewal form riot less than thirty ( 0,1 days. Regmnfng with the in-Service Date, We will sell to You
prior to the end of the Terra. If You choose not to and You will bury from Us all of the enemy produced by
renew, then You may elect (under Section 2 b"i'' to the System. (it) Price, For all Energy produced by the
purchase the Systern or to have the System? removed System, You shall pay Us the Energy Price set forth
at no cost to You. (6i) Purchase Option. The purchase above, PLUS APPUCABLE TAXES_ On each anniversary
form will set forth the Purchase Option Price. The of the ire-Service Date, the Enemy Price shall increase
"Purchase Option PlYce will be the then-current fair by two and nine-tenths percent (2.9'x). (This
market value of the System as determined by an percentage may not measure the overall cost of
independent appraiser's valuation of similarly sized financing this Agreement.) (iii) Delivery. Title to and
photovoltaic systems in Your geographic region. We r;sk of loss with respect to the Energy shall transfer
will provide the valuation to You in writing and it will, from Us to You at the point where the System is
be binding. If You elect the purchase option, then %Me interconnected with Your Property's electrical wiring.
will need to receive Your completed purchase option Energy from the System will be delivered to You in
form, Your payment of the Purchase Option Price, cornpliance with all requirements of the Utility. A good
costs of the appraisal, applicable taxes, and all other faith estimate of the System's annual Energy
amounts then owing and unpaid hereunder not less production will be provided to You in the Customer
than thirty (30) days prior to the end of the Term- Packet; provided that We reserve the right to modify
Upon receipt of the foregoing, We will transfer the size of the System at the time of installation as
ownership of the System to You on an "As Is, Where Is" required by applicable law or in Our reasonable
basis. (iv) Removal Option. If You elect the removal discretion. (iv)Limits on Ob igation to Deliver. We are
option, then We will need to receive Your completed not a utility or public service company and do not
removal form and all amounts then owing and unpaid assume any obligations of a utility or public service
hereunder not less than thirty (30) days prior to the company to supply Your energy requirements. Weare
end of the Term. lifter which, We will remove the not subject to rate review or other utility or public
System from Your Property within ninety (90) daysservice company regulation by governmental
after the end of the Term. (v)Automatic Renewal, IF authorities. During the Term, You understand that You
YOU DO NOT NOTIFY U'S OF YOUR ELECTION BY r-,,ay require more electricity than the System may
SENDING THE APPLICABLE COMPLETED FCJRNI TO US generate. If You need any such additional energy, then
EITI-IER BY E-MAIL OR U.S. MAIL AT OUR ADDRESS You snail be solely responsible to obtain such energy
FIRST SCT FURTFT A13OVE AT LEAST THIRTY (30) DAYS from the Ut,lity at Your cost. OTHER THAN AS
PRIOR TO THE END OF THE FERIA, THEN (UNLESS WE EXPLICITLY SET F0RTFt ON CX-I,1IBI-I B, WE LSC) NOT
ELECT TO 'TERMINATE T[11S AGREEMENT) TMS WARRANT-NT- CJI GUARANTEE (i) TIRE AMOUNT OF
AGREEMENT- WILL AUTOMATICALLY RENEW ON A ENERGY PRODUCED BY THE SYSTEM FOR ANY.PE.RIOD,
YEAR TO YEAR BASIS AT TEN PERCENT (10%) LESS (ir( ANY COST SAVINGS, OR (iii) THE EXISTENCE OF OR
THAN THE TFTEN CURRENT AVERAGE RAGE CHAWGED PfTl+`.lNG ASSOCIATED WITH ANY NET METERING
BY YOUR U 1II..ITY UNTI'I. YOU NOTIFY (JSINWRITINGOF r'R'.,iCiRAlM, OR i.1T'ILI[Y OR GOVERNMENT T lN(.ENTIVI`
YOUR FL1C`I1(,,)N TO CANCLA. AT tf:AST THIRTY (Ti,=), PROC)RAM UGLIFY RADS AND UTILITY RATE
(JAYS PRIOR TCJ FI-tL END Ol THE RI-NFWAI TE_RN1 ARL ;UE.4LC:F Tc;T (HANC,f.. THESE
YOU AND WE A(5RFF THAI SUCH ENERGY ERGY PRI( ,, (r#Al`f.) `> CAINNOI BE Ai CIJRAIEIt.Y PREDICTED
DURING AN AUTOMATIC REFNLIA/At TERM 1,MRE„ ` f R(-)lr`_C,1E D `S.A.t11NC3,} FROM YOUR SYSTIM ARE:
RE FLLCTS AND IS A REASONABLE ESTdMATION Ol F€iE TI,iERLl C)RE SUETEEC T TO CHANGE. TAX €NCLNT IVLS
FAIR MARKET' VALUE 01 TETE LNIRGY PRODUCED BY ARE SUi:�JECT TO CplANGE OR TERMINATION BY
THE SYSTEM- EXEC.0 HVE, LEG6LA IVE OR REGULATORY ACTION.
(b) W i0ivoC cmq Begjnnir-lgwith the a n n,€v e rsa r y of z h e 1n S ry i(e N't t(-) (the "Ca rly Purchase
first (V') rr12:nth following tiv�! lri,Serwce Date and ei,�(h Cll7t1bff) You may eloct to purcha,;ith(,� Systern by
rriond"T throup
,hout the. frnn, Wt.,, will serid to You a!t sencitrip
,� ti written noticE" rio, laur than ninety (90)
invoice reflecting the charge,,-; for the Erwrgy produced day�i aftpr thE§ soith (6"') annivorsary of 1:1-to ln,Servico
by the System. if the System is not reporting Enerpy Date. The "fatly Purchase Option PrIod' will be an
production to Us, We may charge You the Shutdown amount equal to the greater of the Purchase Option
Payment (as such term is defined in Sect" nfiDj)- All Price and the Prepayment Price. The Valuation will be
payments are due within ten (10) days of the invoice provided to You in writing and will be binding, If You
date. (ii) Payment Methods. You shalt make payments elect the Early Purchase Option, then We will need to
to Us by (1) automatic payment deduction from Your- rece(ve Your payment of the Early Purchase Option
designated checking account, (2) automatic charge to Price, plus applicable taxes, and all other amounts then
Your credit card, or (3) personal check. It is Your owing and unpaid hereunder not less than thirty (30)
responsibility to ensure that there are adequate funds days thereafter. Upon receipt of the foregoing,We will
or an adequate credit hmot. (iii) Account Debit transfer ownership of the System to You on an "As Is,
Discount, The Energy Price and all other payments in Where Is" basis, and continue to operate and maintain
this Agreement will include a Five Dollar ($5) monthly the System pursuant to Section 4(a)of the Agreement.
discount if You allow Us to automatically debit Your 4. Our Services.
checking account. You MI not receive such Five Dollar (a) Operations and Maintenance. During the
($S) monthly discount if You choose to pay by any initial Germ of this Agreement, so long as no Customer
means other that) automatic debit from Your checking Defau[t (as such term is defined below) has occurred
account(e.g.,credit card or check). (w)Lote Poyments. or is continuing, We will honor the limited warranty
For all payments more than fifteen (15) days past due, described below in Section 4(e), and during the entire
or any returned check,We may impose a charge up to Term, We MI operate and maintain the System (i) at
Fifteen Dollars ($15), but not to exceed the maximum Our sole cost and expense; (it) in good condition; and
amount allowed under applicable law. You agree that (it,,) in material compliance with all applicable laws and
Your monthly payments,as well as any charges Incurred permits and the Utility's requirements.
by You as described In this Section 3 may be (b) insurance. We carry commercial general
electronically debited automatically from Your checking kability insurance in the amount of $1,000,000 per
account or charged to Your credit card. if You continue occurrence, workers' compensation insurance in the
to fail to make any payment within fifteen (15) days amount of $1,000,000 per Occurrence, and property
after We give You written notice, then We may insurance on the System (and Our other systems) in
exercise all remedies available to Us pursuant to the amount of $50,000,000. For more information
Section 6( (i!]l. (v) Unconditional Payment, You agree concerning Our insurance, please see Exhibit C.
that the obligation to pay any amount due under this (c) Risk of Loss; Casualty Losses, We shall bear
Agreement shall be absolute and unconclitiona`, and alt risk. of loss with respect to the System, except for
shall not be subject to any abatement, defense, losses ansing fr Orr! the acts or omissions by You or Your
counterclaim, setoff, recoupi-nent, or reduction You kc-ensees, guests, invitees, contractors, or agents or
and We agree that all arnounts payable by You otherwise covered by Your InSUrance pursuant to
hereunder shall be payable in all events tricluding 'OV Seetign 5 - System is damaged or destroyed by
jj�j, If the
Your successors, and permitted assigns- Except for hre, storm, flood, earthquake, or other disaster or
Y(,-ILJI fight W tf2ifflilldte the- N(,)uce of ac-(aft,,i`t (6,,?achi, a "Casualty Event") (uhy cov(,.;'Ied by
C a rice Hat ion or after i Sedler Def i"1111 (as 4u(h ti,!,rn s Our wriurince, We will prorripfly repatr or ropiace th(,,'
de"firied in Sei:jion, 6,(,bAlP)), and tctho, hjfIe-.-,,;1 extonJ damaged pof t 1c)ri I of I:hc? Sv,,-,t ory I vs 1-1fy
pe�rrnfflod und(,sr applicabf(.,= law, You ht, teby waivf� afl resiof,e it tcgood wofka,ig condition, If the Y,,;t(-?ry 1,;
r i g,h I" Y 0 I'l nia y[i a v f,,�tri r(,,-!I e(t or ca n c-(?I t h is,Ag,i fe ry,e f)W,, Cllan-iagt-�d (it dr-stroy� ,d by a Casualty Everit riot fi-jily
to revoke) accc,ptance of the System, or to gcart a covefed by Our insurance, We way, at Our option (i)
security interest tri the System. repair and restore the Systern to good working
(c) e-Ji0cm. You naive a ore- coriditiori; or(ti) termMate this Agreement and, atYOLjr
time option to purchase the System on the sixth (6` e1ec,Uon, either ccinvey the System in its then-existing
(onrlihori, "As Is, Where Is", to You for no adcfitrona! (,fr any other (ause beyond Our reasonable control,
cogr)idoration or rerm.we systc,"I'll fror,.,Y Yi,rjr (,)ur warrarity ari4:i maintenancr'! oblipitions urr(Jr,�r
property,
E nd €4_(gj may be transferred to a third
(d) j
rjr� 'nay cause"? par, EXCEPT AS SET F'ORTH IN 1-HIS 5
We I I
_r_j AND
the System to be disconnected from any electrical F t8fr
Xfj , AND TO THE FULLEST EXTEN'f PERMiTTLD
facilities, including the Utility's facilities, if they require UNDER APPLICABLE LAW, WE MAKE NO OJFIER
such disconnection or We are requtred to do so under WARRANTY TO YOU OR ANY OTHER PERSON,
applicable law, including (but not limited to) arty WfiETHER EXPRESS, IMPLIED, OR STATUTORY; AS TO
disconnection directed by the Utility as part of a 1 HE MERCHANTABILITY OR FITNESS FOR ANY
curtailment or other order or instruction. PURPOSE OF THE EWPMENT, INSTALLATION,
(e) Limited Warranties, So long as You cornply DESiGN, OPERATION, OR MAINTENANCE OFF-IL
with
with Your obligations under this Agreement, under SYSTEM; T`HE PRODUCTION OR DELIVERY OF ENERGY;
customary use and operating conditions, We wag-rant OR ANY OTHER ASSOCIATED SERVICE OR MATTER
that: (i) for the Initial Term, the System will be free HEREUNDER, ALL OF WHICH WE HEREBY EXPRESSLY
from material defects in design and workmanship, and DISCLAIM- TO THE FULLEST EXTENT PERMITTED
We will repair any damage to Your Property or other
UNDER APPLICABLE LAW, OUR LIABILITY FOR ANY
belongings that We cause, except as limited by BREACH Or ANY WARRANTY IS LIMITED TO REPAIRING
Section, S(g); and (ii) for ten (10) years after the t n- THE SYSTEM OR YOUR PROPERTY TO THE EXTENT
Service Date, all rooftop penetrations We make in. REQUIRED UNDER THIS AGREEMENT, YOU
connection with installation will be watertight- To ACKNOWLEDGE THAT WE ARE RELYING ON THIS
make a claim under this warranty, pfease contact Us at SECTION 4(g) AS A CONDITION AND MATERIAL
support@vivintsolar.com or 877.404.4229, We will INDUCEMENT TO ENTER INTO THIS AGREEMENT.
repair or replace any damage or defective component, THIERE ARE NO WARRANTIES WHICH EXTEND BEYOND
or correct any defective workmanship at no cost to THE DESCRIPTION OF THE FACE HEREOF.
You. (h) Metering. We will install performance
(f) Manufacturers' Warranties. We do not meter(s) as needed to measure the Energy produced
provide any warranty to You with respect to any by the System (the "Metel'). We will collect System
component of the System. Any manufacturer's production and performance data from the Meter
warranty is for Our benefit as owner of the System and remotely or use Our personnel to collect such data.
is independent of the limited warranties described We wilt store such Meter data throughout the Term
above in Section 4(el. The System's solar modules and provide it to You with access to it upon Your
carry a minimum manufacturer's warranty of twe;,ty reasonable request. Our use and diSCIOSLire of data
(20) years as follows: (i) during the first ten (10) year-, co0ected through the Meter is described in Section,7(1)
of use, the modules' electrical output will not degrade beiaw. You agree to allow Our personnel reasonable
by more than ten percent (10a', from the origrnal=y access to Your Property to collect such data, At Our
rated output; and (n) the first twerity (20)years during - discretW
ion, e rnay test the accuracy of the Meter
",
of use, the modules' electrical output wdl not degrade frorn Urne to 'time, if such testing indicates that the
by more than twenty percent (20%)from the origina1y Meter is inaccurate by more tha(i plus or minus five
rated output, During the Term, We wll eniorce, these percent (±5%), then We will (r) repair and recalibrate
warranties as owner of the Srstem. the Meter, at no cost to You; and (k) make retroactive
(I!s and 1,11 mr!-I of Wa(Fjr1tfe,,-, to your paynlerlt,� twserj on 1"i'mected
..........
The Iii-sited warranties st foith in
abcr�( tvleTer data for the rjeriod of such inaccuracy, If thr.,,
do riot apply to and do riot cov(,,?r probkrns re,uitirip Mefk",r 1", for i,iriy rea-,--,on, including Y(,-,)rjr
fiti)rirc (i) Your �jcts or ofrwslons, mckj(Jir[,, Your fa0i,lre `j(lure to rnaintarn working, broadband intornot or
to a 1)1 d e 1)y t h e t e r i ris of t n i s A g i e e rn(7 r.t; 1,1 i) e x p4-,,)s u r c= efo(trtcal We may (1) ch,:irpo You th(:,,,
to i,iarmfui materials and chernicals, (iii) any, Force, Shutdown A Payrnorit, jnd/(.,)r (2) estiniate arty
Majeure Event (as such term is defined in Section 6Lperformance guarantee payment,
_ pet
(ivy vanclalism, theft, or tampering with the Sy stem by (1) the Skistern and the Systen) Interests,
anyone" (v) darnage, caused by hail or ball; strikes, and Our O,,vnersh)p of the System and the System
Interests, We sh.,,A own and holf.] all property tights in intc?re,�t it) Our owniir-ship in the Sy,,,;tern and
(1)0"ie Systorri; and (2)any crodw, rebatos, ttle SY-JOMI and Our rii,!,ht to (,i('i�,(,s,t Y o ri r
allowano,,�s, tax beri(,,�h , car ceftifi(ates that Propc,�rty, inthuding, (without lirniuitgon)
attributed, allocated, or ((,,dated to the Sysic,!ryl, the UCCI-I finaricing staternents and fixture
Energy, or environmental attributes thereof filings. Upon termination of this Agreement,each such
(collectively, the "Sy em lnteresV'). You hereby filing will be terminated, You understand that the
disclaim and, if applicable, assign to Us any and all Systern shall be marked and edentified as Our property,
right, title and interest in the System and the System 5. Customer Obligations.
Interests that You may have at any time, whether (a) gpresenta t ions an.J Warranties You
arising under applicable law or othervose, and You represent, warrant, and agree that each of the
agree to execute all documents and instruments We foilowmg is true and correct: (i) all information
reasonably request to carry into effect the terms and concerning You herein is true, correct, and complete;
intent of the foregoing assignment and to othen&nse (ii)You are the onty fee simple owner(s)of the Property
cause Us to be the exclusive owner of the System and (i_e_ You have full and exclusive ownership rights to
the System Interests. You shall have no property the Proper-ty) or if Your Property has been placed into
interest in the System or the System Interests except a trust, You are, or a signatory hereto is, the trustee
for (A) the Energy that the System generates, and with requisite authority to bind the trust under this
(B) any credits or payments available tinder Your Agreement- (ki) You own the roof on the Property and
Utility's net metering program for the Energy that the have the unrestricted right to install the System
System generates. You agree to keep the System and thereon, (iv) Your roof is in good condition and repair,
System Interests free from all liens, security interests, without material defects, sufficient for Us to install the
levies, attachments, and encumbrances of any type, System; (v) You are at least eighteen (18)years of age;
and You acknowledge that none of the System nor any (w) You have had the opportunity to review and
of its components nor any System Interests may be discuss this Agreement with Our sales agent and any
sold, leased, assigned, mortgaged, pledged, or other advisor You may desire to consult; and (vii) if
encumbered by You. You shall indemnify Us against ail there is more than one signatory to this Agreement,
losses, claims,costs and expenses(including attorneys' each of You shall be jointly and severally liable under
fees) incurred by Us in discharging and releasing any this Agreement. You understand that any mistake,
such lien, encumbrance, pledge, levy, or attachment misrepresentation, or omission in this Agreement
arising by, under or through You. You agree to not take made by You is a material breach of this Agreement
any action or allow any omission that could have the and entitles Us to the remedies provided for in
effect of impairing the value of the System or the Section 6(b)(ii). We make no representations or
System Interests. You shail immediately notify Us warranties except as expressly set forth in this
ripon becoming aware of the occurrence or posslb0ity Agreement.
of such inipairment. (it) Persona! Property Nature of (b) Customer Insurance, You currently have
MeSystem, Notwithstanding the manner in which the and agree to maintain customary property and liability
System is attached to Your Property, nor any f;xture misufance with respect to Your Property,
filing by Us, You and We hereby agree ern
that the Sy3t (C)
_Yi1ollall'ilons, n,cf Clon'l-cl it i1cirl's, We
and the System Interests shall remain Our sofe, kali not be held responsible for any existing violations
personal property and shall riot be deemed or of appitcabille building, regulations or- ordinances on
characterized as a "fixture" or any part of the "fealty-, Y(Air Pfopelty, Whether (,lied by the Jppropmite
as thoso terrns nray bo defined by appkcable law it tjry auth,,ority or iot, Wt,,,� are not rc,,�sponsible for 'roy
h"Irtricn, aV
�,rec'd that the iristallrtron of the Syl;J(nn 'r-,aH preexvJmg cim(Mion,, on Your Proporty. Prior to
not be a rc?patr, rerriodel, ilterdtton, convor,,lor'. inst".411ition, You shrill givo to U,, i (.-,ol,)y (,,)I ly
Moderrii/at loll of, or adilition to, Yci�ur Prorwrty e,i s#,rn i:,!n ts, r(,,t r i c t i o r i,,, or r I-i ts of wa y r,e 10 t i n to t h o
(hi) Notice.,., eel Sy.5�tero 0wricr_0iip, We wiH not pi.jco a Proper4y, if You dc) not do so, VVe Will JISSLIlne that
lien on Your Property, You authorize Us to make fi?ings none exist, and You shall be solely liable for -Any
and recording
,,s with relevant governmental authonties, v€oiation of such easonient, restrimon, or right of way.
as may be necessary to provide notice of and to tike
(cl) t re alt I',c' rm,'. Y(.a forte-b"y grail te`� U AS SE:s FOR,I � Int TH i;1t741�,:F t:3f` (_epi (;I tl..�'rllt?I� f�i�kl)
and Our a:Arriployraot,, I k-=7t , and (ont ractor� .hrr r ght Ss,( "t 1_QNS .,'#�oj, (J,7), AND (a�rl, Yl._# ARE, NO f
to acce"!s:s and us(t Ya;Ti,)r Property so that We rn a y A!„i,.tTWED TO 1ERtvfIN SIE: OR CANCLA, THIS
(i) perform �`i site survey, where WC will take A61RE,EME:f4}"i PRIOR TO THE END OF THE TERM,
measurements of and inspect Your roof and Your (w) Required Charrtges, If You, the Utility, or any
home's electrical systems, (ii) install, operate, and governmental agency requires (1) any change to the
maintain the System throughout the"1 earl, (III) enforce Systern after its installation, You shah pay Our standard
(Jur rights as to this Agreement and the Systerri and the parts and labor charges, or(2)that We pay any tax,fee,
System Interests, and (iv) take any other action or other charge in relation to the System or this
reasonably necessary in connection with the Agreement after the Irl-Ser/ice Date, then You shall be
construction, installation, operation, maintenance, responsible to reimburse Us for such tax, fee, or other
repair, or removal of the System. The foregoing rights charge (including any taxes under Section SM).
of access to Your Property shall crnsti:tute a I{cense (f) lnscilat on. You acknowledge and agree
coupled with an interest and shall be irrevocable for up that the System's unobstructed access to sunlight
to ninety (90) days after this Agreement terminates to ("I attY ') is essential to Us and is a material
provide Us with time to remove the System at the end inducement to Our entering into th€s Agreement. At all
of the Term. We shall give You reasonable notice prrar times during the Term, You shah not cause, permit, or
to accessing, Your Property, otherwise allow any circumstance or condition within
(e) Modifications after Install_ (r) Afterattons. Your control that could adversely affect Insolation,
You shall not (1) touch, handle, operate, alter, repair, including. (without limitation): (i) any material
or otherwise modify the System or any component alteration of Your Property where the System is
thereof; and (2) take any action that cou!cf void or installed; (ii) the installation of any structure, or any
impair any warranty relating to the System. You will be other obstruction,, (iii) the growth of trees and other
responsible for any damage to the System that is fo=Time; or (Iv) the emission from Your Property of
caused at any time by You or Your licensees, guests, particulate matter, smoke, fog, steam or any other
invitees, contractors, or agents. (ir) Property Repairs_ airborne impediments that materially affect Insolation.
You are not permitted to make repairs or You agree to trial all trees and other foliage to ensure
improvements to Your Property that may interfere that shading of Your roof and the System is no worse
with the performance or operation of the System than on the Transaction Date. if You become aware of
without Our prior consent pursuant to this any potential development or other activity on
Section S e . After the fifth (5"') anniversary of the In- adjacent or nearby properties that could &minish the
Service Date, if You provide Us with at least thirty (30t Insolation, You shall promptly notify Us and shall
days' prior written notice, then We will temporanIy cooperate with Us in reasonable measures We may
remove and reinstall the System at Your request to take in an attempt to preserve existing levels of
allow for such repair or improvement (a " - Insolation. Notwithstanding any other right or remedy
Requrs&id T poraity Shutdown'). You wO be provided in this Agreement, You agree that We would
recguired to (1) pay to Us a fee equal to Four Fluncired be, irrepararlly harmed by Your breach of Your
and Ninety-Tine Dollars ($499) before We remove the obligations lander this Section S(f) and that an award of
System, (2) securely stoma the System componein:t; darnages would he inadequate to remedy such a
during the Customer-Requested l esrsf or arz( breach, and that therefore We shall be entitled to
_411,ltclowr1; dnd (a), pay {llha sht'JItfow' n Payment if tettrelief, krCIiAdinr, `xpQc;lfl(_ P(nfOrilldrice, to
`,�y°;Jr,trri is not reirl'ilalled Within thirty (.0) day"A of corripel Your C;.(:i�Tllr)I .�rtd � with the prix:)vts�oris of this
rerT'tr"7w 1, A t o storTier Roque t(.,,d Tern "t;a?awy `C ti@:iYi 5t,f) without proof ()f "Ir"ly darnagi--,s` or' gll`)"Jint
t (� r ,.
`�fiulld("lwn during the hr`,t fibs("' (10 ye;itrM r.)m' the 04 rlt"sy f�t;)ntl i)C' `'6?T`lllrir ;k'd"trrity
Agrrrc�rrient will br(� done <<'It Our sc))e &sc rotfo i ,:'Ir d a (g) .J!wf,?¢iffy `or j are rospl,,)rlslbkl to
const rra.ltu4illy agrer*d before Vile r( rw,obfr the ' ystr r'r(. e (,wurt that to(:_!r T re)porty (iriclud€r°tg t--.Ill is etrt(_ tl
THE CUSf0fW1LR-R1,0UESTLD TLfv'gl Of?ARY systems and the roof) is maintained in good condition
SHUTDOWN C Ot S DESCRIBED IN 1'141S SEC TJON-'Sfe) and repair. It is Your respon'sibikty to remove or
ARL NOT AN LARLYC_ANCELLMION FLL OTHER 1HAN protect any personal property or fixtures (including,
bt,it not lrm4ef'i to, decoratir,)rv-,., furniture, veii-iicfes, to cc)rnplete any ("lof",i-jr-nents feff,,"ronc(,�d abovo in this
PlantS, and Otht','_ Valtmbles) m tht:,, areas of 0wr -v.';r a7"C I S,rn 5(j) by 141 d r g, any i n f(,,)i,rT)ci t l o n n c nary,
and 0 irA locatioris surrotiridinp
the Systern, Y oi (wipron
hak nptly notify t,1,--0_kty, You j
acknowledg(.,A and agnti:,* that We arc! not respowobie if (i)Yotj notpce ariy pi,trsori or thing interfering witt'i tho
for any damage or loss to Your Property, personal! operanon of the System; (ii) Your Property has any
property, fixtures, or other belongings CaUsed, by: ordinance or perm it violations or encumbrance that
(i) snow falling from Your roof; (ii) animals or other may pre*vent proper System permitting, installation, or
pests under or near the System, or (iti) other naturae operation; (iii) You take any ernergency action with
events or acts of god outside Our reasonable control. respect to the System, or (iv)You receive or otherwise
(h) Use of the System. You shall use the Energy acquire, any System interests, including any incentive
from the System primarily for personal, farniiy, or payrnents. Your failure to promptly notify Us of such
household purposes, but not to heat a swirnming pool. rnatters shall be a Customer Default under
At all times,You shall ensure that the Property remains Section 6fb)W In the event of an emergency affecting
grid-connected to the Utility. the Systern, You shall contact Us immediately. If We
(i) Broadband Internet Connection. You must are unable to timely respond, You may (at Your own
provide the System with continuous access to a expense) contract with a licensed and qualified solar
functioning broadband interest connection with one insn4er to remove the System as necessary to make
(!) wired Ethernet port and standard electrical outlet, repairs required by the emergency. You shall be
at Your cost. If You fail to maintain broadband internet responsible for any damage to the System that results
or electrical connection for a period of time, We may from actions taken by Your contractor,
(i) charge You the Shutdown Payment, and/or (111�
f Transfer of Property. You are required to
(6) estimate any performance guarantee payment. notify Us thirty (30) days prior to any sale or transfer
Authorizations. Prior to mstailation of the of Your Property (a "Property 7ransky ). When
System, You shall obtain from Your mortgagee, home not0fylng Us, You will be required to provide the
owners association, or any other person with an followtrig information: the name of the person buying
interest in Your Property all authorizations necessary Your Property or the transferee (the "Property
for Us to install operate, and maintain the System. Tramfferee), the anticipated date of the Property
Your failure to obtain these authorizations in a timely Transfer, Your choice of the four (4) transfer options
manner may result in termination of this Agreement- outhned below, and any additional information We
(k) jqpgs. You will pay all taxes assessed on or reasonably request, You will have the following four
arising; from installation or operation of the System, (4,) options upon a transfer of the Property:
including anytransaction privilege, I
.,e,general excise, use, (t, As5igriment, The Property Transferee can sign a
sales or other transaction-based taxes on the Energy transfer agreement, assuming all of Your rights and
produced by the System; provided, however, You w0t, obligations under this Agreement. Prior to any such
not be responsible for any real or personal property sale'or transfer of Your Property,You agree to have the
taxes assessed on the System. Property Transferee sign the transfer agreement, YOU
(1) Further Assurances, Upon Our request, ACKNOWLEDGE AND AGREE THAT UNTIL THE
You shall promptly sip PROPERTY TRANSFEREE 11AS SIGNED THE TRANSFER
,n and return, or otherwise assist P
Us in obtaining: (i) any application, agreement, or: AGREEMENT, YOU SHALL REMAIN RESPONSIBLE FOR
other docurnent necessary for Us to obtain any System ALL OBUGATIONS IN THIS AGREEMENT
[tit of (ii) a I ly per n I kt,,, I n z e r C,o f I ri ec t lo F), ri("�t Prcpoymrrit You n1::-3.y elect to hiky prepay aII of
rm lc!rinp dgrec!rrient,,.a, an(I othr!r ,Jo(,,,ijrvents reclijired Your reinal"Ifrig monthly paymemrit.s of tht� ['norgy Pri(c,
by the Utility; (id) any docurnora n(,,,-�coss,,,jry to venfy derr vlq the Fenn of this Agreernf"?nt and assign the,
Our (".1wriership interest irl the systeml «'Ind to the Property Tho
Irltorr:�Sts, and (iv) You ;hall promptly comply witt-i Jrof, "PreAwyment Price' will be to the ,;urn t'.A tho
of Our addiUcinat rexquest� so that We nr,'iv obtain r,,,rna§ning moOJ-0y payrru°,nts of tho Lnergy Price
possession of all System Interests, To the extent (based on Our reasonable estimation of the energy to
perr-nAted by applicable law, You hereby author,Ze Uls be produced) due to Us during the Term, discounted
by five percent After Our receipt of Your
p�,jyrrv(,�nt of tho Prepayrn(,,�Vlt Po('e Oral "'i si.gried that woulil have bt,,!eri prociti(f.�cl by thu� Systtm-i during
trcinsf(-,?r agreerriont, zhc' Propc-nly wd�� rot h o p(-,f i 0 d rat t h e 1 1,1 t-i td o w ri, e varlue 1:0 U"; 0f tt1Ea
be obligatf,,A to pay any remaintng awrithly payffnent!', Systern, Intere*sts triat We would have fe(elved during
fear t h e E norgy Price (ILL fir lt h(`,° I er Vu, hUt thr� Pf'ot:.11-nty r";g h s h u t d ow n; and 3) appkcablr¢ t a x e
transferee will assume all other obligations ur,,der this Deterrinination of the arnOUnt of Energy that would
Agreement, Prepayments do not constitute down have been produced (luring the period of the
payments or progress payments. R[GARDLL`.>S OF shutdown shall be based on estimated levels of
WI-ILTHER YOU PREPAY MIS AGRLIMENT, WE WH-L production, If We bill You for the Shutdown Payment
OWN THL SYSTEM AND THI SYSILM IN'TERESTS AS because the System is not reporting Energy production
PROVIDED IN SECTION A) HERIETO, and Out- to Us, and We subsequently determine that We have
obligations to operate and maintain the System Linder either overestimated or underestimated the actual
Section 4(a) hereto will continue throughout the Term- E ne-r g
. ......-- y production, the We will adjust the next
(iii) Relocation, Where permitted by the Utility and invoice with a non-refundable credit (for over-billing)
applicable law, and where Insolation of the Systern, vvill or an additionai-charge (for Under-billing), You will not
not be adversely affected, We will move the System to be charged for Shutdown Payment when the System is
Your new home. You will be required to pay alt fees not producing Energy due to Our fault. If a shutdown
and costs associated with relocating the System, pursuant to Section S(g)or this Section 6(a) continues
execute an amendment to this Agreement that for one hundred and e�ghty (180) days or longer, We
identifies the new Property, and provide any third may, in Our sole discretion, terminate this Agreement
party consents or releases required by Us in and, require You to pay the Default Payment.
connection with the new Property, (w) Eorfy Purchase- (b) Events of Default. (ij Customer Default. A
In connection with a Property Transfer after the sixth OmerDefault' shall mean the occurrence of any
(6") anniversary of the In-Service Date, You may elect of-the following.: (1) Your failure to make any payment
the Early Purchase Option pursuant to Section 3(c�- under this Agreement within ten (10)days of when due
6. Special Circumstances. and such failure is not cured within, ten (10) days after
(a) System Shutdowns. (i) Safety Shutdown. We give You written notice of such failure; (2) Your
In addition to Our right to shut down the System for I
I adure to perform any obligation under this Agreement
maintenance, We may shut down the System if We and such failure is not cured within thirty (30) days
reasonably believe that Property conditions or after We giveYou written notice of such failure; (3)You
activities of persons on the Property, which are not deny Us, Our contractors or agents, governmental
under Our control, whether or not under Your contrai, authorities, or the Utility access to Your Property and
may interfere with the safe operation of the System such access is not given within thirty(30)days after We
(a "Safety Shutdown"), During the pendency of a g;ve You written notice of the fadure to provide such
Safety Shutdown, You will pay Us the Shutdown access; (4) Your bankruptcy, insolvency, or admission
Payment. (it) Property Vacated. In the event that You 04 Your inabiltty to pay Your debts as they mature; or
vacate Your Property for any period of time asa result (5) Your Property becoming subject to a foreclosure
of ar)event that is not a Force Majewe Event or a Seiler proceeding or Your failure to perform any obhgation
Default, You will continue to pay Us for aH the Energy vvhfch is secured by Your Property. (ii) Remedies for
produced by the System, (a)) Interconnection Ca�stcomer 0efoult, if a Customer Default Occurs,, We
Deactivation, It fi-tterconnecUon with the, Otility F71 ay exerctse any of the fmllowmg remedies.
fJed(-tiVJtv(-1 fol rea,',ons th,fl 111(", f-)ol
F 0 1 c,(,� Ma J e u r r� L v e n I,c)r (2)c a irs e d lay o r r(,7 1 a t e d i o 0,u r 1L)c�fauit Payment; (2) thy( sy,-Aenn in pldcc,on Your
action or Crmction, su(h that the i� Property, t�iul, deny Yellj u,"o of thtLriergy it produr,,os,
no longer able to produt"'o efettricty or tran,,J(or ,vhh b4-,,h iedireoer'l "in I sold at Our
to You or to the [Jtihty, Yoti wilt pay Us tho ?'3 i d i,; n n c t(,,)r take' back t h e System a,, 1) r rn i t t e,(,I by
Shutdown Payrn(>fit. (AShutdowo Poyrri(,°fit, I he 1pp°icablo law, (4) a CoI4,-,Ction "'Jigency to
"Shutdown Payment' shah equal the surn, Of
collect payrnents from You, (5) report Your default to
(F) payments of the Energy Price that You would have credit reporting agencies; (6) suspend Our
made to Us as described rt Section (b) for the 4nergy perforr-nince under the Agreement; and/or
(1) exer(,,.v,,o any othc,pr available to Us fir, ttus to be free from loaks, It We elect to
Av
,rt,,(eiriont or under apptical-Ae 1,,,)w. Seller's rerre�dfii. zefrrnate thv,; Agreement, We will Itavo no turtto-1,
set forth in this
,"u, , , a I e r)ri)t i I a t i v e c)rt,d ['tot hability You. (a) lerryunotiori by Customer, You rndy
exclusivt.,�. (fii) Seller Oefauit. A "Selkff Default, shall terrnmate this Agrc?ernent (1) pursi"Jant to the terms of
mean Our failure to perform any of Our material the Notice of Canceflation, or (2) upon a Seller Default,
obligations under this Agreement and the effect of (d) Eo(��e ik4iq --gre. If You or We are unable to
such failure is riot cured within thirty (30) days after perform any of the obligations under this Agreement
You give Us written notice of such fatiure- because of a Force Male-ure Event, such affected Party
(iv) Rerriedies for Seller Default. If a Seller Default wilt be excused from whatever performance is affected
occurs and is continuing, You may: (1) terminate this by the Force Majeure Event; provided that the
Agreement and request removal of the System from suspension of such obligations is of no greater scope
Your Property; and/or (2) except as provided below, and of no longer duration than is required by the Force
exercise any other remedy available to You in this. Mlaleure [vent- "Fcrce Majeure Evenf' shall mean any
Agreement or under applicable faw. Notwithstanding event, condition, or circumstance beyond the control
the foregoing, You will have no right to cfaim damages. of the affected Party which, by the exercise of due
as a result of the termination of this Agreement, foresight such Party could not reasonably have been
except for(1)the actual Costs to remove the System, of expected to avoid, and which by the exercise of due
We fail to remove the System. from Your Property diligence such Party without fault attributable to it is
pursuant to Section 6(c); and (2) any damages to Your unable to overcome, including, but not limited to,
Property resulting from the removal of the System by action by a governmental authority, the failure to act
Us or Our contractor. (v) Default Payments, if this on the par,of any governmental authority or the Utility
Agreement is terminated for any reason, other than, (provided that such action has been timely requested
pursuant to the Notice of Canceflation, Section 6�d), or and diligently pursued), failure to obtain or maintain a
a Seller Default, You will pay to Us the Default permit, license, consent, or approval (provided that
Payment. The "Default Paymet7r shall be an amount such Party has made timely and reasonable
equal to the sum of: (1) the Prepayment Price, (2) any commercial efforts to obtain and maintain the same),
other amounts due and owing under this Agreement, labor dispute, strike, work-stoppage, slow-down, lock-
including (without limitation) late fees, (3) Our fees out, flood, earthquake, volcano, fire, lightning, wind,
and costs associated with removal of the System from epidemic, war, terrorism, riot, economic sanction or
Your Property, (4) loss of expected benefits from the embargo, civil disturbance, act of god, unavailability of
System, including (without limitation) benefits and efectncity from the Utility, equipment, supplies of
sources of revenue associated with the System products, power or voltage surge caused by someone
Interests, and (5) Our other documented losses. You, other than the affected Party, or failure of equipment
agree that the Default Payment fairly refects the vakie not utilized by or under the control of the affected
of the System, and, in the case of a Customer Defauit, Party. In no,event shall a Force Majeure Event excuse
is a fair representation of the damages and kosse->that You from any of Your payment obligations under this
We expect to incur, Alter You pay to Us the Default Agreement,
Payment, We will transfer ownership of the Systern to (e) Arbdration f_D€smjtes, PLEASEREAD THIS
You on an "As Is Where Is" basis; provided that We wiH PROVISION CAREFULLY. BY SIGNING BELOW, YOU
retain afl right and title to the System Interests. ACKNOWLEDGE AND AGREE THAT, WITH LIMITED
fp!_jjuqjotlplrr. (i) Te,ifmnafior) 1,1-fy Seller We EXCEPTIONS, AN[Y DISPUTE BEIWEEN US SHALL BE
inc,)y, in Our sole &.,,,}(,rcition, lerrr,,inate thr, Agreement RESOLVED BY BINDING ARBITRATION. Ar0ration v,
(1) it, prior to th(,? In 'Si,.,}rvice Date, upi,)n defivery of more inior-rial than a liwsriiir tri In arbitri-ition,
writtorl notice, to You; (:)r (2) 111)("in zl"Ie occurrorlct�,' of a disputes are resolved by an ippointo_d arbitrator
CU!,,401111,ND(AdUlt. M'1111) Flgnv�ty ('40) dayS AftEer mstead of a judge or Jury. I h(,,,,,,refor(, by -signing br0w,
terriunation of' th<_ Agiee.me,�nt, old-ior than undevhe YOU ARE WAMNG THE RIGHT TO A TRIAL BY JURY. By
Circumstances in which the Systen) is transferred to signing below, You agree also
I _,ree to bring claims against
You under Secti iij, St y, ijfy Us or in Your indivAiral capacity and YOU ARE
_ j 2jb)_(j j — - �, or 6f ],We,
will remove the System a n cl restore all roc,,,ft o p WAIVING firtl RIGHT M INITIATE OR PARI ICIPATL IN A
GLASS ACITON OR SIMILAR PRO01LAN6, Pri:iceciures act.,,on, private attcy(ric?y ar:t!on. �,., i'01,wr
bc,fore Initiotinq Arb(trothm or SoaMc��,t rustf,'�mier represontahve or collective! action as (iithor 'i !
(oncerns can be resolved qw(,kly and arnu,_abiy by Or as a frie,',rnber c)f tho T` o
calling Our c u s t o ryr)(,,,r service department at wbitrator shall not have any authority to (i) entert"""firl
877,404.4129 and We encourage You to contact Us a claim, or to award any relief, on behalf of or against
about any concern. Prior to commencing arbitration ariyone other than a named party to the arbitration; or
or an action in small claims court, a Party must first (iij join any other party to the arbitration. i'11 is
send a written "Notice of Dispute" via certified mail to arbaratiort agreement is made pursuant to ,i
the other Party. The Notice of Dispute must be sent to transaction involving interstate commerce, and shall
VIVINT SOLAR DEVELOPER, LLC, 3301 N Thanksgkving be governed by the Federal Arbitration Act
Way, Suite 500, Lehi, U1 84043, Attn: Legal (-'FAA-) (9 U.S.C. §§ 1-16). Any claim against a state
Department. We will send the Notice of Dispute to home improvement guarantee fund by You shall be
Your billing address. 'The Notice of Dispute must stayed until the completion of any mandatory
describe the nature and basis for the Dispute and the arbitration proceeding. If any Dispute is advanced in a
relief sought. If You and We are unable to resolve the court, arbitration may be elected under this provision
Dispute within thirty (30) days thereafter, then either instead, and the right to arbitration shall not be
Party may commence arbitration or an action in small deemed to have been waived if the election is made at
claims court as set forth below. any time before commencement of trial.
Scope of this Arbitration Provision: Either You or We Right to Pursue Cfaims in Small Claims Court:
may, without the other's consent, elect mandatory, Alternatively, You or We may pursue a Dispute in small
binding arbitration for any claim, dispute, of claims court; provided that the action remains in that
controversy arising out of or relating to (i) any aspect court, is made on behalf of or against You only and is
of the relationship between You and Us, whether not made part of a class action, private attorney
based in contract, tort, statute, or any other [egal general action, or other representative or collective
theory; (if) this Agreement or any other agreement action.
concerning the subject matter hereof; (iii) any breach, Arbitration Procedures: The arbitration shall be
default, or termination of this Agreement; and (iv) the administered by JAMS pursuant to its Streamlined
interpretation, validity, or enforceability of this Arlartration Rules and Procedures and in accordance
Agreement, including the determination of the scope with JAMS Policy on Consumer Arbitrations Pursuant
or applicability of this Sectio bW (each, a "DispiLte), to Pre-Dispute Clauses Minimum Standards of
��_�o n
Any questions about whether any Dispute is subject to Procedural Fairness (available at:
arbitration shall be resolved by interpreting this http://wwwjanisadr.com, the "JAMS Rules") and
arbitration provision in the broadest way the lavv wilt under the rules set forth in this Agreement. T h e,
allow it to be enforced. arbitration proceedings and submissions shall be
Nothing in this arbitration provision shall preclude You confidential and the arbitrator and will take reasonable
or Us from seeking provisional remedies in aid of steps to protect customer account information and
arbitration from a court Of COMpetent jurisdiction. other confidential information.
This arbitration agreement applies to any and alj Claims for less thon S10,000It the relief sought by
Disputes now in existence, mr-JudPng any Dissp-,_Jte eithier Party is for less than $10,000, the following shall
arising before You executed this Agreement, or that apply You may choose whether the arbitration will be
may arise in the filtore, and it surV1v4,-, the te7rTim1,Am,,in condu�(JQ('f �Gfcly oil the ba',I'i of docilrile'lit-i f(,Jbrnittc d
of thi,,; Agiecr rnerit and tf r Parti(,, F ti.) the arbitrator, throup
,,h a telephonIr, hr'aring, oi by
includiripif iri in pt�r�,()n hedring near Yc)i,ir Property cons
g Your paynwnt irri full, and Your fitrng ( i'Aor t
bankrt.iptc.y. All Disputes wili be on an (rvon wi'h the JAM',S Ri ile,,, Aftor Wo notico IT"iat You
class, non ropreentative) ba%r', and the arbitrator inay havi.', (on-irno,"iced arbitr,)uon, We will promptly
award relief only on an individual (non cljs, ricin rcWlburse Yiou for Your paywient of any filing If
representative) basis. This rneans that if You or We he arbitrator issues You an award that is greater than
elect to arbitrate a Dispute, You will not be able to the value of Our last written settlement offer made
participate in or receive any remedy front a cid-ss before an arbvator was selected (Or if We did riot
rn..)ke a sertle,,mont (-Ater before an arbitrator was, T 0 'S (3 M IT D I S P t_!T['J A Pk IS!N G ()F 0,1 !�i!
st',leoc,�d), the-rt Wo will Fmy Y(,-,i,j then losf�er of the 14(tUD[D IN THE 'ARBITRATIO1`4 01 1,wll(,� I!;,"
arnount of the, award or $10,0(X), plv,� reasonable PROVISION TO
attorneys' fo( s incurri,!d by You and aw.,)rded by the This and any
arbitrator, mstrurnent or agreement required hereunder, shall be
Claims for $10,000 or more., If the relief sought by governed by, and construed under, the tr)te-rrial laws of
either Party is for �10,000 or more, ail fees and costs the state where the Froperty is located.
(including filing fees, administration and arbitrator 7. Miscellaneous.
fees, all attorneys' fees, travel expenses, and other (a Limitation of Liabilitv. You understand that.
costs of the arbitration) shall be borne by You and Us (i) We are not an insurer of Your Property, personal
in accordance with the JAMS Rules, JAMS Policy on property, or personal safety of persons in or on Your
Consumer Arbitrations Pursuant to Pre--Dispute Property (k) You are solely responsible For providing
Clauses Minimum Standards of Procedural Fairriess, any insurance with respect to Your Property and its
and applicable law, The arbitration shall be conducted contents; (iii) the amount You pay to Us is based only
at a mutually agreeable location near Your Property. on the value of the Energy produced by the System and
Arbitration Aword: Regardless of the manner in 4ivh€ch riot on the value of Your Property or its contents;
the arbitration is conducted, the arbitrator shall issue, (iv) the System may not always operate properly for
a reasoned, written decision sufficient to explain the various reasons, (v) it is difficult to determine in
essential findings and conclusions on which the award advance the value of the components of the System
is based and judgment on an arbitration award may be that might be lost or destroyed if the System fails to
entered in any court of competent jurisdiction. No operate properly; and (vi) it is difficult to determine in
matter the circumstances, the arbitrator shall not advance what portion, if any, of any property loss,
award damages or any other award to either Party that personal injury, or death would be proximately caused
is inconsistent with the Imitations set forth in this by Our failure to perform, Our negligence, or a failure
arbitration provision or Section 7(a). Except as of the System, or the System installation.
expressly set forth herein, the payment of all costs, NOTWITHSTANDING ANY BREACH OF THIS
filing fees, and administration and arbitrator fees will AGREEMENT, ANY FAILURE OF THE SYSTEM, OR ANY
be governed by the JAMS Rules. Under no NEGLIGENT ACT THAT CAUSED ANY INJURY OR LOSS
orcurnstances will We seek from You payment or (WHETHER PROPERTY DAMAGE, PERSONAL INJURY,
reimbursement of any fees that We incur in OR DEATH) TO ANYONE, TO IHE FULLEST EXTENT
connection with arbitration. PERMITTED BY APPLICABLE LAW, WE AND YOU AGREE
NOTICE: BY CHECKING THE BOX BELOW, YOU ARE THAT, UNLESS SUCH INJURY OR LOSS WAS CAUSED BY
AGREEING TO HAVE ANY DISPUTE ARISING OUT OF A PAR TYS GROSS NEGLIGENCE, FRAUD, VIOLATIONS
T14E MATTERS INCLUDED IN THE "ARBITRATION OF OF LAW, OR WILLFUL INJURY, SUCH PARTY'S LIABILITY
DISPUTES" PROVISION DECIDED BY BINDING NEUTRAL ARISING OUT OF OR RELATING TO (1) SYSTEM REPAIRS
ARBITRATION AS PROVIDED BY THE FAA AND CID1ER OR REPLACEMENT UNDER THIS AGREEMENT SHALL IN
APPLICABLE LAW AND YOU ARE GIVING UP ANY NO EVENT EXCEED THE DEFAULT PAYMENT, AND
RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE (2) DAMAGE TO PERSONS AND PROPERTY SHALL IN NO
LITIGATED IN A COURT' OR JURY TRIAL, BY CHECKING EVENT EXCEED 52,000,000. YOU AND WE AGREE TI-AAT
THE BOX BELOW, YOU ARE GIVING UP YOUR JUMCIAL Tl411S AMOUNT IS A FAIR REPRESENTATION OF THE
Rl(&H`S TO E)ISCOVFRY AND APFIEAL, UNLESS THOSE DAMA(3E'iTHATYOUORWE FXPKT IOINCUR IN ]FIF
Rt(MIS ART, SPLCIIICALLY INQUDED IN 194E, CASE (_)F ANY INJURY OR. 1_0',S_1� HLRE(JINIDER, 10 IHE
"ARBITRATION OF DISI1(JH,`.-,S" PROVISION IF YOU Fr.JLL,ESTEXT[,iJT PERMITrID RYAF`PLI('1'ABI,1 LAW, NO
RIF t. H SUBMIT I() ARRITRATION MIER C M Si fAlA, BE MAI A' kIY YOU AGAINST US OR ANY
AGREFING TO PROVISION, YOU MAYBE 01- ("L)IR AFP ILIA rF S, D!RECIORS, LNIPLOYEES, AGENTS,
COQ, PLLIELD TO ARB TRATE UNDER TIAL 'sAAAND OR CONTRACTORS FOR ANY SPLCIAL, EXEMPLARY,
OTHER APPLICABLE LAW. YOUR AGREEMENT TO 11 WS INDIRECT., CNCIDENTAL, CONSEQUENTIAL, OR
ARBIfRAIION PROVISION IS VOLUNTARY. YOU HAVL P(JNtTIVL DAMAGES (WHETHER OR NOT 1-14E CLAIM
11 L ED ON CONTRACT, TORT, DUTY
READ AND UN001,S"!AND THE rORLGOINGANDAGREE THER140RL IS BASE
IMPOSED BY LAW, OR OII4CRWI'A,), IN C()?',JNL(-,!0!%1 j I,rjIApr, We w,:iy —if,
WITH, ARISING O(JI OF, OR IN ANY WAY R[LATHD to tr-jr)%fer- (In WhOk� 1,)r if",
llff- 'TRANSACTIONS CONTEMPLATED BY THiS System, or theSystern lntcro-ss wahl'-fut Yr:!.ii ( J-
AGREEMENT OR ANY ACI OR OMISISION OR EVENT and without notice, If such a,.,r;ignee agrees in wralfiL7,
OCCURRING IN CONNECTION THEREWITH. YOU to assume all of Our rights and obligations under this
HEREBY WAIVE, RELEASE, AND AGREE NOT TO SUE Agreement, We will have no further liability or
i
UPON ANY SUCH CLAIM [OR ANY SUCH DAMAGES, obligation under this Agreement i-i pr)n the
WHETHER OR NOT ACCRUED AND WHETHER OR NOT effectiveness of such assigni-ne-rit.
KNOWN OR SUSPECTED TO EXIST M YOUR FAVOR. (f) j, This Agreement shall oe
YOU FURTHER AGREE 1HAT, 1-0 THE FULLEST LXTENT blinding upcn and inure to the beriefit of You and Us
PERMITTED BYAPPLICABLE LAW, NO CLAIM, LAWSUH, and Our and Your respective legal representatives,
OR ANY OTHER LEGAL OR ARBITRATION PROCEEDING successors, and permitted assigns. Except as
IN CONNECTION WITH, ARISING OUT OF, OR IN ANY otherwise expressly provided in this Agreement, cr b,/
,
WAY RELATED TO IFIIS AGREEMENI MAY BE operation of law, neither this Agreement nor any of
BROUGHT, COMMENCED OR HLED MORE THAN ONE the rights, interests, or obligations hereunder may be
(1) YEAR AFTER THE INCIDENT GIVING RISE TO SUCH assigned by You without Our prior written consent.
CLAIM. YOU ACKNOWLEDGE THAT WE ARE RELYING Any assignment by You without Our prior written
ON TIAIS SECTION 7(a)ASA CONDITION AND MATERIAL consent shall be void.
INDUCEMENT TO ENTER INTO THIS AGREEMENT (g) Notice- All notices, requests, demands, and
(b) mnification. To the fuHest extent other communications required or permitted to be
permitted by applicable law, You hereby agree to given under this Agreement shall be in writing
indemnify, advance expenses, and hold harmless Us delivered to the applicable Party at the address set
and Our affiliates, directors, employees, agents, forth in this Agreement or to such other address as any
contractors., and Our successors and assigns (each, a Parti may designate from time to time by written
"Covered Persoff) from any and all -third party claims, notice to the other Party,
actions, costs, expenses (including reasonable (h) Survival. After termination or expiration of
attorneys' fees and expenses), damages, liabdities, this Agreement, any provisions which by their nature
penalties, losses, obligations, injuries, demands, and are intended to survive such termination or
liens of any kind or nature in connection with, arising cancellation shall Survive, including (without
out of, or in any way related to (i) Your breach of this hirnitation)agctigns,2,[W,1,4Ldj, (g), Ui , 5,6, and 7, and
Agreement, or (ii) Your negligence or wtflful Exhibits A and B attached hereto, and the Customer
misconduct; provided, however, Your indemnification Placket.
obligations under this Section 7f ) shall not apply if the
I _y, If any provision of this
harm or damage that is the basis for such thtrd party Agreement is held to be invalid, prohibited, or
claim occurred while one of Our employees or agents other,,vise unenforceable by an arbitrator or court of
was at Your Property and such harm or damage weas competent jurtsdiction, this Agreement shall be
caused by the gross negligence, vio(ation of law, or considered divisible and such provision shall be
willful misconduct of such ernployee or agent deemed inoperative to the extent it is deemed invalid,
(c) Arriencirrients and Waivers. T Ns prohibited, or unenforceable, and to all other respects
Agreement (Including all exhtbits and notices attached lhr€ Agreement shall remaji in full force and effect;
hefc%to) may only bc-! ameniled or n-iodified by an, p,5tovajed, th'it if any provr,,1r:)11 niary be
IrvArurnerit in writing, signed by br)'h You and 0,,> rnade enturceable by lirnitaw..,)n thererif, then stich
'I be dc?ernod to bo �iri lanitod zind , hall be
(d) Ap
I �,re(,,�rnent, th.e P r o'v i,i o f hif S
to the ri
Cue.t -jaxirni.,im exton by
ower P�,,jckot, and any cw-wi or enfcnco,,iblt-,,� t fwr1'n1tt("!d
docurnl'�ovl in(,orpoiratod hc-'rowah, (omtitute the app�hcahlo law
entire agre(.��rnetnt LetwoOn YOU arid U� and (j) Co-unt(,.,�rparts Fhis Agreornont rn,,,iy be,�
all prior oral and written negotiariornF, e.vecured in one Jr more counterparts, and all such
communications, discussions and coirespondence cc�..iriterparts shall be deerned to constitute one
prartaiining tel the subject matter hereof.
iristrurnerik, A facirnile, or t,)ortabe docurn.erit torr it' r5 or
("fidt") con'stitute in orip
vmi! for purpo,.es hereof pw(�ju¢iori5� p
M You hereby authcirize U� to use from tr,,-,iu,.JuIerA, abusive, or (.,ril,,,iwfw
Your and Your Property's voice, photograph, video., (C' investigate or defend agairvr, anythinl oirtyck-.1irns
and likeness in print media, radio, television, e-mail, or allegations, (D) protect the security or integrity of
social media, web materials, and any audio or video Our services and arlly facilities or equiuIrnent used to
recording; provided that We agree that We will not make Our service available, or(E) proti-r-, v)n.Ar pfuperty
disclose any of Your personally identifying information or legal rights (including, but not kwited tt
(except as provided in SecVotj,7,j,l)). You waive and enforcernent of Our a greeme tits), or the rights,
forever release Us for any Dispute relating e
�,to or arising property, or safety of others- 15) to Our assignees,
out of this Section 7M. affiliates, actual or prospective ;renders, financing
(1) (�qgmptioi — Mo
-i-- -- nt'tori-ng—'-'and-- Data parties, investors, insurers, and acquir--r-,, or (6) for
Haqdl=. (i) Collection of Consumption Monitonng any purpose to which You have provided Your express
Data. In connection with Our installation of the consent. (iv)Access to Data. So long as no Customer
System, We may install, operate, and maintain at-, Default has occurred or is continuing under this
energy consumption monitoring device on Your Agreement, We will make certain Consumption Data
Property. Through such device, We wilt collect and available to You via the Vivint Solar Account Center,
store information about energy usage at Your Property available at: https://account.vivintsolar.com. (v) Data
(the "Consumptlon Data"), and We may use and Security. We use certain physical, managerial, and
disclose such Consumption Data to Our assignees, technical safeguards that are designed to improve the
affiliates, actual or prospective lenders, financing integrity and security of Data in Our possession and
parties, investors, insurers, and acquirers- We may control. We cannot, however, ensure or warrant the
combine the Consumption Data with other data, security of afl Data or guarantee that Data may not be
including (without limitation)- personally identifiable accessed, disclosed,altered, or destroyed by breach of
information, Your credit report, Meter Data, or other any of Our physical, technical, or managerial
data (collectively, "Data"'), (ii) Handling of Data, We safeguards.
may use Data for the following purposes (in each case (m) Electronic Records. As part of Your
to the extent permitted by law): (1) to operate, relationship with Us, You are entitled by law to receive
maintain, provide, and enhance the System; (2)for Our certain information "in writing". The federal E-SIGN
internal purposes, including (without limitation). Act and certain state laws allow Us to provide this
research and development, improvement of Our information to You electronically, instead, with Your
product and service offerings, and creation of new prior consent. Because it is more efficient to
product and service offerings; and (3) to customize communicate electronically, all information,
content and communications We may prov<de to You, documents, and agreements between You and Us will
(iii) Disclosure of Data. We wdl not disclose any Data be in electronic form. 'There is a five dollar ($5)
from You or Your Property without Your consent,other processing fee for all notices and other documents We
than in the following c€rcurnstances: (1) where *the mail to You in paper (except for Your first copy of this
Data does not contain personally deftfiabfe Consent or the Customer Agreement). You can avoid
information (including where Data has beer, de- trlls fee by agreeing below to receive documents
identified); (2) in order to provide Our products or efectrorucady. (�) Consent to Use E?ectrontc Records
services t() You (includIinorking ith thir(I-Pa r t V und Siqnf.Wtircs. Y(,,)tj corvwptand agti,e to F(,--Ceiv
sorvicc- providers who may host, mainujiri, or efectrorif.-ally ,a II (,o n-i m i i t i i c a t i o i i s, a g,r(,e r n e n
otherwi,-,a,! proceifs Data for Us); (3,) if reqtwl',Ad to do `,o docurrionts, notices, records, and other
by any law or regulation or in the good-faal'i bekef th'Jt n f o rm a t i o r (c(.-)I I o c t i v e I y, "Electronic Recon*') that W o
such aiction is necf.,�,,asary to (,:ornply with arly law provOe in conrit,5ction with the Service,., I'lle(tronic
regulation, in response to a court older,, Or Records include (without lintitation): a Power
other government subpoena or warrant, or to Purchase Agreement, Solar System Lease Agreement,
otherwise cooperate with law eniforcement or otheCash Purchase Agreement, Lease Dsclosures, Notice
governmental agencies; (4) it We believe, in good fatth, 0, Canceflatton, Customer Packet, and Work Orders(as
We w:ll provide these Ele(tronnc Ri,(-Qrd% prci%ndod the Electronic, Record to You, unles—, We
to Y(',,u by erriaifing thorn to You at the rnost rerent e recerv�,,£ actriad notice that You did not rrTMceivo tho e
Mail acldros-.; that W(# have on fik,,? for You ard by mad, (0 IfortYware and Softworr" Ri,!(juirernerits. In
n1dking flies'r,* avaiLable, to You via Vmini Solar A(count order to acce�ss arud retain Electronic Records, Yt,,u
Center, We reserve the right(in Our sole,discretion) to must have: (1j a computer with an Internet
communicate with You via U.S. ri-tail. You further agree corinectton (2) a compatible web browser with
and consent that We may use and obtain, from You cookies enabled; (3) Adobe Acrobat Reader version 8.0
electronic signatures (such as Your act of clEcking,. and above to open documents in ".pdf" format; and
checking, signing using a digital pen, or otherwise (tv) a valid and accessible e-rnaif account. If a change
manifesting Your assent) in the processing of in hardware or software is needed in order for You to
Electronic Records, (ii)Option to Receive Paper Coptes. access or retain Electronic Records, and that change
It We provide You wAh Electronic Records, and You would create a material risk that You would not be able
want a copy in paper, You may contact Our customer to access or retain Your Electronic Records, We will
service department at 877.404.4129 during Our give You notice of the revised hardware or software
normal business hours and request a paper version. All, requirements. Continuing to use the Services after
requests for paper copies of Electronic Records must receiving notice is reaffirmation, of Your consent.
be made within ninety (90) days of the date We (n) Authorization to Receive Text Messages, In
provided the Electronic Record to You. We will send addition, from time to time, We may wish to
Your paper copy to You via U.S. mail- We will provide con-imumcate with You via SMS text message. By
these Electronic Records to You by mailing them to You checking the box below, You consent to receive
at the most recent mailing, address that We have on autodialed SMS text messages from Us, Our affiliates,
file for You. Unless prohibited by taw, We reserve the Our contractors, or on Our behalf in connection with
right to charge You a processing fee of five dollars(S5) the Services at the most recent mobile telephone
per requested paper copy. (iii) Your Right to Withdraw number that We have on file for You. You also agree
Consent. You have the right to withdraw Your consent and understand that in addition to purely
atany time. if You wish to withdraw Your consent,You informational texts, these SMS text messages also may
must contact Our customer service department at include promotonal materiai related to Our Services,
877,404.4129, If You elect to receive required notices that they may be sent using an automatic telephone
and disclosures only in paper format, it will stow the dialing system, and that You are not required to agree
speed at which We can complete certain steps in to receive SMS text messages as a condition Of Your
transactions with You and delivering the Services to purchase- Standard text message charges may apply
You. If You withdraw Your consent and elect to receive from Your wireless provider.
required notices and disclosures by paper, their Our (0) Credit Authorization. In connection with
monthly processing fee of five dollars (55) per the execution of this Agreement and at any time
requested paper copy shall apply. (iv) Keep Your durfrg the Term, You hereby authorize Us to (i) obtain
Information Current with Us. In order to ensure ,hat You-, credit ratmig and report from credit reporting
We are able to provide You with the Electronic Records agencies to corfirm whether You are able to make
and other information from time to time, You must payments as reqUired tinder this Agreement; (ii} to
notify Us of any change in Your e-mail, address. You report, Your payment performance to credit reporting
may change the e-mail address on record for ftu by agencies; and (ji� disclose this and other information
contacting Our custorner service department at to Our assigriines, affiliates, actual or prospective
8 71 4ti l 41,21") du ring (I)tv, nor mal bar<,rness hours You te n d,er s,, f i ri n(,i in V ,
rjarticps, invw�-,Jor' and
onder,tancl and agreo 014")t if WeaOnd to Yow ""In accluvers,
Himtronir. Record, but Y(,)ii do riot rocr�rve it be(ails6i,� (0 MES CR'EEN" A QPT- -,NQTI9, THIS
the ro(ent, (-ruail addres',� that We havf,-� (it", fdi,� "PRESCREENEW OFFER OF CREDIT IS BASED ON
You is out of date, tnlocked byYc,,,)w INFORMATION IN YOUR CREDIT REPORT INDICATING
service provder, filtered by Your service provider as THAT YOU MEET CERTAIN CRITERIA. THIS OFFER IS NOT
"junk mar�", fl-',ef or You are OWiSe Unabk--- to
"spam" o r I GUARANTEED IF YOU DO NOT MEET OUR CRITERIA IF
receive the Electronic Record, We will be deerried to YOU DO NOT WANTTO RECEIVE PRESCREENED OFFERS
OF CREDIT FROM US AND OTHER COMPANIES, CALL
THE CONSUMER REPORTING .AGENCIES TOLL-FI EE,
888.567A688; OR WRITE: EXPERT N OPT OUT, DMA
MAIL PREFERENCE SERVICE, PO BOX 643, CARMEL. NY
10512, TRANSUNION NAME REMOVAL OP11ON, P.O.
BOX 505 WOODLY'N,PA 19094;EQUIFAX OPTIONS,P.O.
BOX 740123 ATLANTA,GA 30374-0123.
Federal Employer 10 No.: 80071` 438 I-Icensse and Registration Nays., AZ
CO: EC 01002001 CT: !IC: 06 34 382, LLC 0189(-�3S E is Df, 20 V 101852, T1,00(16038; 11; 1. C"1:31706/4()
111: C°`13.Cf,33444; 1-A: 6IIC `,) 13';3; MA: P99C. 17C;,18, EC_ 11141 &i MD: rlICA,3t7i ':�, ML 11 1` ; NH f,,(' 11388(:;
NJ: HTC; R(t g 1,3W,1C)t.89,300, EC 341;1301 Nm 1:[,98 385223' NV EC(;)08(11/0; NY: Nx ,,,atl Co, 1040911100
Porrgi7keepsw NIL �)5. b'iitcran-r C(:), K6914, MIT,252, rlc ckland Co. H 119/2 40 00 00J-559, 1sr.alk')1 : Co 51228
H, 1992 ML; Wc tchester Co266-6-4 H14; ORCCB 196'S8, EC 0`1121, BC0,CLUS, PA: HIC 0999/0,
Pittsburgh LL09849, Philacielphra LC-284S41 RL HIC 318915; IiC: ELS11:3522, UPS SL-0002; TX: K 311. 3:3;
UT: S200/S202-869400 �SOI, 'Washin ton DC: H;1C 2 2 1 =C4 U10S, FCC -9032.11; Wyoming: C-4/1,111.1.
NOTICE ro cusi"CL ENCS
A, 1,[')'1 0f D O(A)M LN I") 10 BI d I tRF10[iA,I F 1) eip-t Irl Agreemerit, I r°r d ICY both You and Us, before any
Hf[ CONT RAC 1 wok may b�tstarted,
a. Residential Solar Power Parc hale Agreernent, G, CUSTOMER'S RIGHTTO CANCEL. YOU MAY CANCEL
b. Exhn Cart A - Notice of L rarxellatn rr, THIS CONTRACT ATANYrimE BEFORETHE LAT OF:
r::. LxFnbt. B - State Notices and Dt s(::lr.sures, (I) MIDNIGHT OF THE THIRD (31110) BUSINESS DAY
c1. L xhb t. C.: - Certnfrc:.ates of ns ura ncea arnr;I AFTER THE TRANSACTION DATE, OR (II)THE.START OF
c C r.ust r nc?r Packet, INSTALLATION OF THE SYSTEM OR ANY OTHER
TW-rese clor„.crrnnernts are expressly rrncorpr.:rrated into ttnr.tk INSTALLATION WORK WE PERFORM ON YOUR
ARreenrrnernt and apply to the relation 0u p between You PROPERTY'. IF YOU WISH TO CANCEL THIS CONTRACT,
and Us, YOU MUS°r EITHER: ( ) SEND A SIGNED AND DATED
B. WE HAVE NOT GUARANTEED, PROMISED OR WRITTEN NOTICE OF CANCELLATION BY REGISTERED
OTHERWISE REPRESENTED ANY REDUCTION IN OR CERTIFIED MAIL, RETURN RECEIPT REQUESTED; OR
ELECTRICITY COSTS IN RELATIONTO THE SYSTEM THAT ( ) PERSONALLY DELIVER A SIGNED AND DATED
WILL BE INSTALLED ON YOUR PROPERTY. WRITTEN NOTICE OF CANCELLATION TO: VIVINT
C. I.I.IS NUT LLGAL I'OR LLS`IU ENTER YOL.1R FIRLM�SCS SOLAR DEVELOPER, LLC, BBCI N 'TIHANKSGIVING WAY,
UNLAWFULLY Celt COMMIT ANY BRLACH Of THE SUITE 500, LEHI, UT 84043, ATTN: PROCESSING
PLACE. TO REMOVE GOODS INS"TAL.LI:D UNDER THIS DEPARTMENT, IF YOU CANCEL THIS CONTRACT
AGREEMENT, WITHIN SUCH PERIOD, YOU ARE ENTTTLED TO A FULL
D. DO NO`F SIGN "I`HIS AGREEMLNT BEFORE Yt"aTU REFUND OF YOUR MONEY. REFUNDS MUST BE MADE
HAVE READ ALL OF ITS PAGES. You acknowledge that WrTHIN 30 DAYS OF OUR RECEIPT OF THE
You have react and received a legible copy of this CANCELLATION NOTICE. SEE THE ATTACHED NOTICE
Agreement, that We have signed the ARreenierntu and OF CANCELLATION FOR AN EXPLANATION OF THIS
that You have read and received a Iegiible copy of every RIGHT. DO NOT SIGN BELOW UNLESS VIBE HAVE GIVEN
docc.rrnne=rnt that We have signed ctcnrlrnF, the YOU THE "NOTICE OF CANCELLATION." WE ARE
rwe,otiatio n. PROHIBITED FROM HAVING AN INDEPENDENT
E. YOU RISK THE LOSS 01F ANY PAYMEN°I'S FADE '10 COURIER SERVICE OR OTHER THIRD PARTY PICK UP
A SALES REPRESENTAT IVC. YOUR PAYMENT ATYOUR RESIDENCE BEFORE THE END
F. DO NCTI' SIGN IHIS AGI LEMENI IF: THt S OF THE CANCELLATION PERIOD.
AGREEMENT C 01\11AINS ANY BLANK SPACES. You are H. You have tlue nght to regwre Us to have a
entitled to a completely filled In copy of this performance and payment bond,
BY CHECKING THIS BOAC, YOU AGREE TO RECEIVE ELECTRONIC RECORDS AS FURTHER DESCRIBED
IN FC"C1ON ( ,AND AGREE THIS CHECKBO °CONSTITUTES YOUR ELECTRONIC SIGNATURE.
BY CHECKING TIHIS BOX, YOU AGREE AND OPT-IN TO RECEIVING TTXT` MESSAGES AS FURTHER DESCRIBED
IN FCT.1,0 ,7 ),AND AGREE THIS CHECKBOX CONSTTT"I TTS YOUR ELECTRONIC SIGNATURE.
BY C14EC"KING THIS BOX,YOU AGREE TO ARBITRATION AND WAIVE THE RIGTTTTO AJURY TRIAL AS DESCRIBED
IN SECTIO IO ),AND AGREE THIS CHECKBOX CONSTITUTES YOUR ELECTRONIC SIGNATURE,
VIVINm'r SOLAR DEVELOPER, LLC CUSTOMER(S):
'A �rapo��
`nfrm"Pn(nr �k4SJVA ,477 x r
Prmfe'"t Nao,w Todd Hildebrand 0), o" I rr(w"vw Rachael Parsons
"d(dea 'J"wr"ooNo 111846
t or( n Nome
VAlA"-5TA
NQTljC'lE-QF' TN
(Customer Copy)
Transoctioo Dote: 02/05/2016 Service No-,
YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE
(3) BUSINESS DAYS OF THE ABOVE DATE, OR(IF LATER) UNTILTHE START OF INSTALLATION OF THE
SYSTEM OR ANY OTHER WORK WE PERFORM ON YOUR PROPERTY.
IF YOU CANCEL, ANY PROPERTY TRADED IN,ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT
OR SALE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN TEN
(10) BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE, AND
ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED.
IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE SELLER AT YOUR RESIDENCE, IN
SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED TO YOU
UNDER THIS CONTRACT OR SALE, OR YOU MAY, IF YOU WISH, COMPLY WITH THE INSTRUCTIONS
OF THE SELLER REGARDING THE RETURN SHIP MENTOFTHE GOODS ATTHE SELLER'S EXPENSE AND
RISK.
IF YOU DO MAKE THE GOODS AVAILABLE TO THE SELLER AND THE SELLER DOES NOT PICK THEM
UP WITHIN TWENTY (20) DAYS OF THE DATE OF YOUR NOTICE OF CANCELLATION, YOU MAY
RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. IF YOU FAIL TO MAKE
THE GOODS AVAILABLE TO THE SELLER, OR IF YOU AGREE TO RETURN THE GOODS TO THE SELLER
AND FAIL TO DO SO, THEN YOU REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER
THE CONTRACT.
TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS
CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE,OR SEND ATELEGRAMI,TO VDI NT SOLAR
DEVELOPER, LLC, AT 3301 N THANKSGIVING WAY, SUITE 500, LEHI, UT 84043, ATTN: PROCESSING
DEPARTMENT PRIOR TO THE LATER OF: (1) MIDNIGHT OF THE THIRD (3rd) BUSINESS DAY AFTER
THE TRANSACTION DATE, OR (11) THE START OF INSTALLATION OF THE SYSTEM OR ANY OTHER
INSTALLATION WORK WE PERFORM ON YOUR PROPERTY.
I HEREBY CANCEL THIS TRANSACTION.
Dote:
Customer's Signature:
NTI . SIN
(Viet SolarCopy)
Tronsoction Date: 02/05/2016 Service ..
YOU MAY CANCEL THIS TRANSACTION, WITHOUT PENALTY OR OBLIGATION, WITHIN THREE
(3) BUSINESS DAYS OF THE ABOVE DATE, OR(IF TER) UNTIL THE START OF INSTALLATION OF THE
SYSTEM OR ANY OTHER WORK WE PERFORM ON YOUR PROPERTY.
IF YOU CANCEL,ANY PROPERTY TRADED IN,ANY PAYMENTS OE BY YOU UNDER THE CONTRACT
OR SALE,AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN TEN
(10) BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE, AND
ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED
IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE SELLER AT YOUR RESIDENCE, IN
SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED TO YOU
UNDER THIS CONTRACT OR SALE, OR YOU MAY, IF YOU WISH, COMPLY WITH THE INSTRUCTIONS
OF THE SELLER REGARDING THE RETURN SHIPMENT OFTHE GOODS ATTHE SELLER'S EXPENSE AND
RISK.
IF YOU DO MAKE THE GOODS AVAILABLE TO THE SELLER AND THE SELLER DOES NOT PICK THEM
UP WITHIN TWENTY (20) DAYS OF THE DATE OF YOUR NOTICE OF CANCELLATION, YOU MAY
RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. IF YOU FAIL TO MAKE
THE GOODS AVAILABLE TO THE SELLER, OR IF YOU AGREE TO RETURN THE GOODS TO THE SELLER
AND FAIL TO DO SO, THEN YOU REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER
THE CONTRACT.
TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS
CANCELLATION NOTICE OR ANY OTHERWRITTEN NOTICE,OR SEND A TELEGRAM,TO VIVINT SOLAR
DEVELOPER, LLC, AT 3301 N THANKSGIVING WAY, SUITE 500, LEHI, UT 84043, ATTN: PROCESSING
DEPARTMENT PRIOR TO THE LATER O : (1) MIDNIGHT OF THE THIRD (3rd) BUSINESS DAY AFTER
THE TRANSACTION DATE, OR (11) THE START OF INSTALLATION OF THE SYSTEM OR ANY OTHER
INSTALLATION WORK WE PERFORM ON YOUR PROPERTY.
I HEREBY CANCEL THIS TRANSACTION.
Date:
EXHIBIT B—MASSACHUSETTS
STATE NOTICES AND DISCLOSURES
A. OBTAINING PERMITS We shall obtain all necessary por rnits for the installation ,end operation ofthe System
Homeowners who secure their own permits shall be excluded from the state guaranty funds,
B. OUR LICENSES. HOME IMPROVEMENT CONTRACTORS ARE REQUIRED 10 BE REGISTERED WITH THE
DIRECTOR OF THE MASSACHUSETTS 01HCE OF CONSUMER AFFAIRS AND BUSINESS REGULATION. FOR
INFORMA 'ION ABOUT CONTRACTOR REGISTRATION REQUIREMENTS, CONTACT THE MASSACHUSETTS OFFICE
OF CONSUMER AFFAIRS AND BUSINESS REGULATION. TEN PARK PLAZA, SUITE 5170, BOSTON, MA 02116,
617.973.8700 OR 888.283.37SY.
C. ARBITRATION. Notwithstanding anything to the contrary in the Agreement, the contractor and homeowner
hereby mutually agree in advance that in the evert that the contractor has a dispute concerning this contract,
the contractor may submit such dispute to a prelate arbitration service which has been approved by the Office of
Consumer Affairs and Business Regulation and the consumer shall be required to submit to such arbitration as
provided in M.G.L. c. 142A.
D. HOMEOWNER RIGHTS. HOMEOWNERS THAT ENTER INTO HOME IMPROVEMENT CONTRACTS ARE GRANTED
CERTAIN RIGHTS UNDER THE MASSACHUSETTS REGULATION OF HOME IMPROVEMENT CONTRACTORS, AS SET
FORTH IN CHAPTER 142A OF THE GENERAL LAWS OF MASSACHUSETTS AND TITLE 780, CHAPTER 110.86 OF THE
MASSACHUSETTS CODE OF REGULATIONS. YOU MAY CONTACT THE MASSACHUSETTS OFFICE OF CONSUMER
AFFAIRS AND BUSINESS REGULATION AT THE ADDRESS OR TELEPHONE NUMBER PROVIDED ABOVE WITIf
QUESTIONS ABOUT THESE RIGHTS.
E. NO LIEN OR SECURITY INTEREST ON YOUR PROPERTY. NO LIEN OR SECURITY INTEREST ON YOUR PROPERTY
WILL BE CREATED AS A RESULT OF THIS AGREEMENT. AS PROVIDED IN SECTION 4(i), YOU AUTHORIZE US TO
MAKE FILINGS AND RECORDINGS WITH RELEVANT GOVERNMENTAL AUTHORITIES AS MAY BE NECESSARY TO
PROVIDE NOTICE OF OUR OWNERSHIP IN THE SYSTEM AND THE SYSTEM INTERESTS, AND OUR RIGHT TO ACCESS
YOUR PROPERTY, INCLUDING (WITHOUT LIMITATION) FINANCING STATEMENTS, UCC-1 FINANCING STATEMENTS
AND FIXTURE FILINGS. UPON TERMINATION OF THIS AGREEMENT, EACH SUCH FILING WILL BE TERMINATED,
YOU UNDERSTAND THAT THE SYSTEM SHALL BE MARKED AND IDENTIFIED AS OUR PROPERTY,
0 BY CHECKING THIS BOX, YOU ACKNOWLEDGE RECE6PT OF THIS EXHIBIT B, AGREE TO ALL TERMS AND
CONDITIONS HEREIN, AND AGREE THIS CHECKBOX CONSTITUTES YOUR ELLCTRONIC SIGNATURE.
NOTICE: The electronic signatures of the parties above apply only to the agreement of the parties to
arbitration initiated by Seller. You may in bate alternari e dispute resolution even if this section is not
agreed to by the parties.
EXHIBIT C—OUR INSURANCE
A. GENERAL LIABILITY INSURANCE. Vmrit sokjr Developer, ltla and Our affih,"AOs (arry CorTIrneroal goneral
Irabildty fnsuranco written by Markel Insurance (orripany (A,M Best No 002699 1 NAIL: No : 3` 378 1
I'LIN: 363101262). You may call Markel Insurance Company at 800.43 1 1210 to check Our insurance coverage.
A copy of our certificate of insurance is available below.
R. WORKERS' COMPENSATION INSURANCE. ` tvint Solar Developer, LLC and Our affiliates carry workers`
compensation insurance for all employees written by Zurich American Insurance Company (NAIL i#: 16S3S) and
American Zurich Insurance Company (NAIL No.: 40142). You may call Zurich American Insurance Company and
American Zurich insurance Company at 800 382.2150 to check Our insurance coverage. A copy of Our certificate
of insurance is available below.
C. PROPERTY INSURANCE. Vivrnt Solar Developer, LLC and their affiliates carry property insurance for all Vivint
Solar properties written by GCube and ACL American(Poircy No. F'1SGRCk)761). You may call Diversified Insurance
Company at 801.32S.5056 to check Our insurance coverage A copy of Our certificate of insurance is available
below.
-------------------
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Q Conduit and Conductor Schedule DC Safety Switch Notes: Solar PV System AC Point of Connection
Tag Description Wire Gauge #of Conductors Conduit Type Conduit Size AC output current
Rated for max operating condition of inverter Accoding to Nec 39.58 Amps
1 Solar Edge Cable 10 AWG 2(V+,V-) N/A-Free Air N/A-Free Air 690.8(B)(1)
NEC 690.35 compliant U
1 Bare Copper Ground(EGC/GEC) 6 AWG 1 N/A-Free Air N/A-Free AirNominal AC Voltage 2ao volts
2 THWN-2 10 AWG 4(2-V+,V-) PVG 1" 'opens all ungrounded conductors THIS PANEL FED BY MULTIPLE SOURCES z
2 THWN-2-Ground 8 AWG 1 PVC 1^ (UTILITY AND SOLAR)
3 THWN-2 8AWG 3(1-L1,1-LNotes: SE760OA-US-U Inverter Specs:2,1-N) PVC 1"
3 THWN-2-Ground 8 AWG 1 PVC 1" Wire size and breaker calculations dependent upon OEC Efficiency 98% n�om//° Z
inverter Continuous Maximum Output. L.G. o Z
4 THWN-2 6 AWG 3(1-L1,1-1-2,1-N) PVC 1., Example:SE38000A-us-U Max Output=16A AC Operating Voltage 240V m o
4 THWN-2-Ground 8AWG 1 PVC 1" <20A. Therefore a 20A solar breaker will be needed for Continuous Max Output 32A A10
each SE380OA-US-U inverter. Wire Gauge should also DC Maximum Input Current 23A 0 o
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be determined with 16A Max for each inverter. �
ALL CONDUCTORS Solar Edge Optimizer Specs: C Z
P300 DC Input Power 30OW a
SHALL BE COPPER DC Max Input Voltage 8-48V
Design Conditions: DC Max Input Current 12.5A
DC Max Output Current 15A
ASHRAE 2013 Max String Rating 5250W
Highest Monthly 2%DB Design Temp 35.68C. Module Specs:
31 PV MODULES PER INVERTER=8060 WATTS STC Lowest Min.Mean Extreme DB -17°C —
VOC Tem coefficient V/°C Trina Solar TSM-260 PDO5.08
1 STRING OF 1S PV MODULES p Short Circuit Current(Ise) 9.00A
1 STRING OF 16 PV MODULES Open Circuit Voltage(Voc) 38.2V
System Specs: Operating Current(Imp) 8.50A
Max DC Voltage 500V Operating Voltage(Vmp) 30.6V
0 o a 1s Nominal DC Operating Voltage 350V Max Series Fuse Rating 15A
1 Max.DC Current per String 15A STC Rating(Pmax) 260Wo
Nominal AC Current 32A Power Tolerance -0/+3% J
*CONFORMS TO ANSI C12.1-2008
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Customer Info
Name:
Email:
Phone:
Project Info
Identifier: 58659
Street Address Lino 1: 34 Berkeley RD
Street Address Line 2:
City:
State: MA
Zip: 01845
Country United States
System Info
Module Manufacturer: Trina Solar
Module Model: TSM 20O-PDO5.08
Module Quantity: 31
Array Size (DC watts): 8060.0
Mounting System Manufacturer: Euo|ibhumSoer
Mounting System Product: EooX
Inverter Manufacturer: So|anEdyeTeohnn|o0iea
Inverter Model: SE780OA'US (240V)
Project Design Variables
Module Weight: 43.Olbs
Module Length: G5.Oin
Module Width: 37.0 in
Basic Wind Speed: 100.0 mph
Ground Snow Load: 50.0oof
Seismic: 0.0
Exposure Category: B
Importance Factor: U
Exposure onRoof: Partially Exposed
Topographic Factor: 1.0
Wind Directionality Factor: 0.85
Thermal Factor for Snow Lund: 1.2
Lag Bolt Design Load- Upward: 82O |bf
Lag Bolt Design Load- Lateral: 288 |bf
EcVXDeeign Load - Downmmnd: 722 |bf
Eoo}( Design Load - Upward: 7O5 |bf
EcoXDesign Load ' Downslope: 2S7 |bf
EcuXDesign Load ' Lateral: 333 |bf
Module Design Moment— Upward: 3O55in-lb
Module Design [Noment— Downward: 3855 in-/b
Effective Wind Area: 2OM2
Min Nominal Framing Depth: 2.5 in
Min Top Chord Specific Gravity: 0.42
Ecohbrh So�ar
Plane Calculations (ASCE 7-05): 1
Roof Shape: Gable Edge and Corner Dimension: 4.0 ft
Roof Type: Composition Shingle Stagger Attachments: Yes
Average Roof Height: 40.0 ft Include Snow Guards: No
Least Horizontal Dimension:40.0 ft
Roof Slope: 34.0 deg
Truss Spacing: 16.0 in
Snow Load Calculations
Description Interior Edge Corner Unit
Flat Roof Snow Load 42.0 42.0 42.0 psf
Slope Factor 0.66 0.66 0.66
Roof Snow Load 27.7 27.7 27.7 psf
Wind Pressure Calculations
Description Interior Edge Corner Unit
Net Design Wind Pressure Uplift -17.1 -20.1 -20.1 psf
Net Design Wind Pressure Downforce 16.0 16.0 16.0 psf
Adjustment Factor for Height and Exposure Category 1.09 1.09 1.09
Design Wind Pressure Uplift -18.6 -21.9 -21.9 psf
Design Wind Pressure Downforce 17.4 17.4 17.4 psf
ASD Load Combinations
Description Interior Edge Corner Unit
Dead Load 2.6 2.6 2.6 psf
Snow Load 27.7 27.7 27.7 psf
Downslope: Load Combination 3 14.3 14.3 14.3 psf
Down: Load Combination 3 21.2 21.2 21.2 psf
Down: Load Combination 5 19.6 19.6 19.6 psf
Down: Load Combination 6a 29.5 29.5 29.5 psf
Up: Load Combination 7 -17.4 -20.6 -20.6 psf
Down Max 1 29.5 1 29.5 29.5 psf
Spacing Results(Landscape)
Description Interior Edge Corner Unit
Max Allowable Spacing Between Attachments 62.1 62.1 62.1 in
Max Spacing Between Attachments With Rafter/Truss Spacing of 16.0 in 48.0 48.0 48.0 in
Max Cantilever from Attachment to Perimeter of PV Array 20.7 20.7 20.7 in
Spacing Results (Portrait)
Description Interior Edge Corner Unit
Max Allowable Spacing Between Attachments 44.6 44.6 44.6 in
Max Spacing Between Attachments With Rafter/Truss Spacing of 16.0 in 32.0 32.0 32.0 in
Max Cantilever from Attachment to Perimeter of PV Array 14.9 14.9 14.9 in
Layout
II•.u;
y,
Skirt
Coupling Note: If the total width of a continuous array exceeds 35 fit, break array to allow for thermal
expansion and contraction. See Installation Guide for details.
Clamp Warning: PV Modules may need to be shifted with respect to roof trusses to comply with
Bonding Jumper maximum allowable overhang.
C=colibr'ii_fflSaler
Roof Weights
In Conformance with Solar ABC's Expedited Permit Process
Module Quantity: 25
Weight of Modules: 1075 lbs
Weight of Mounting System: 126 lbs
Total Plane Weight: 1201 lbs
Total Plane Array Area: 418 ft2
Distributed Weight: 2.88 psf
Number of Attachments: 63
Weight per Attachment Point: 19 lbs
Ecoli riumSolar
Plane Calculations (ASCE 7-05): 2
Roof Shape: Gable Edge and Corner Dimension: 4.0 ft
Roof Type: Composition Shingle Stagger Attachments: Yes
Average Roof Height: 40.0 ft Include Snow Guards: No
Least Horizontal Dimension: 40.0 ft
Roof Slope: 34.0 deg
Truss Spacing: 16.0 in
Snow Load Calculations
Description Interior Edge Corner Unit
Flat Roof Snow Load 42.0 42.0 42.0 psf
Slope Factor 0.66 0.66 0.66
Roof Snow Load 27.7 27.7 27.7 psf
Wind Pressure Calculations
Description Interior Edge Corner Unit
Net Design Wind Pressure Uplift -17.1 -20.1 -20.1 psf
Net Design Wind Pressure Downforce 16.0 16.0 16.0 psf
Adjustment Factor for Height and Exposure Category 1.09 1.09 1.09
Design Wind Pressure Uplift -18.6 -21.9 -21.9 psf
Design Wind Pressure Downforce 17.4 17.4 17.4 psf
ASD Load Combinations
Description Interior Edge Corner Unit
Dead Load 2.6 2.6 2.6 psf
Snow Load 27.7 27.7 27.7 psf
Downslope: Load Combination 3 14.3 14.3 14.3 psf
Down: Load Combination 3 21.2 21.2 21.2 psf
Down: Load Combination 5 19.6 19.6 19.6 psf
Down: Load Combination 6a 29.5 29.5 29.5 psf
Up: Load Combination 7 -17.4 -20.6 -20.6 psf
Down Max 29.5 29.5 29.5 psf
Spacing Results(Landscape)
Description Interior Edge Corner Unit
Max Allowable Spacing Between Attachments 62.1 62.1 62.1 in
Max Spacing Between Attachments With Rafter/Truss Spacing of 16.0 in 48.0 48.0 48.0 in
Max Cantilever from Attachment to Perimeter of PV Array 20.7 20.7 20.7 in
Spacing Results(Portrait)
Description Interior Edge Corner Unit
Max Allowable Spacing Between Attachments 44.6 44.6 44.6 in
Max Spacing Between Attachments With Rafter/Truss Spacing of 16.0 in 32.0 32.0 32.0 in
Max Cantilever from Attachment to Perimeter of PV Array 14.9 14.9 14.9 in
Layout
a.
1 .
Skirt
Coupling Note:.If the total width of a continuous array exceeds 35 ft, break array to allow for thermal
expansion and contraction. See Installation Guide for details.
GO Clamp Warning: PV Modules may need to be shifted with respect to roof trusses to comply with
Bonding Jumper maximum allowable overhang.
Ecolibriurn Solar
Roof Weights
In Conformance with Solar ABC's Expedited Permit Process
Module Quantity: 6
Weight of Modules: 258 lbs
Weight of Mounting System: 126 lbs
Total Plane Weight: 384 lbs
Total Plane Array Area: 100 ft2
Distributed Weight: 3.83 psf
Number of Attachments: 63
Weight per Attachment Point: 6 lbs
EcolibriUrnSafer
Bill Of Materials
Part Name Quantity
ECO-001_101 EcoX Clamp Assembly 63
ECO-001_102 EcoX Coupling Assembly 30
ECO-001_105B EcoX Landscape Skirt Kit 8
ECO-001-105A EcoX Portrait Skirt Kit 0
ECO-001_103 EcoX Composition Attachment Kit 63
ECO-001_116 EcoX Flat-Tile Flashing 0
ECO-001_117 EcoX S-Tile Flashing 0
ECO-001_118 EcoX W-Tile Flashing 0
ECO-001_363 EcoX Lower Support-Tile 0
ECO-001_109 EcoX Electrical Assembly (optional) 2
ECO-001_106 EcoX Bonding Jumper Assembly 7
ECO-001_104 EcoX Inverter Bracket Assembly 0
ECO-001338 EcoX Connector Bracket 0
ECO_001-359 EcoX Lower Support- Low Slope 0
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The Commonwealth of Massachusetts
Department of Industrial Accidents
Office of lit vestigations
600 Washington Street
Boston,MA 02111
wwwanass.govldia
Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers
Applicant Information Please P!iML1&g!h1Y
Name(Business/Organization/individual): " 9r,-L 4—
Address: _3 0 1
City/State/Zip:,_ I—e-t7,' qYdtf 3 Phone#: `V d Z.I Lf Y_I
Are you an employer?Check the appropriate box: Type of project(required):
1.[+Kl am a employer with 4. ❑ 1 am a general contractor and 1 6. New construction
employees(full and/or p6?(-time).* have hired the sub-contractors
2.0 1 am a sole proprietor or partner- listed on(lie attached sheet,1 7. Remodeling
ship and have no employees These sub-contractors have 8. E] Demolition
working for me in any capacity. workers' comp.insurance. 9. []Building addition
[No workers'comp. insurance 5, ❑ We are a corporation and its
required.] officers have exercised their ME] Electrical repairs or additions
3. 1 am a homeowner doing all work right of exemption per MGL I L E] Plumbing repairs or additions
myself[No workers' comp. c. 152,§1(4),and we have no r
12 RoZe,.
employees,[No worker ,
insurance required.]t s I r
Othef
comp. insurance required.]
*Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information.
I Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such.
tContractors that check this box must attached an additional sheet showing the name of the sub-contractors and their workers'comp.policy information.
I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and jab site
information.
Insurance Company Name:___3?tad_C_,- ` AA
Policy#or Self-ins, Lie.9: Y\1 L 'S_0 ct 69 V L,) Expiration Date: t ;e 0
Job Site Address: City/State/Zip:
Attach a copy of the workers'compensation policy declaration page(showing the policy number and expiration date).
Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a
fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine
Of Up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of
Investigations of the DIA for insurance coverage verification.
I do hereby certify under the pains and penalties of perjury that the information provided above is true and correct.
Date:
Phone#: 7,
..............
Official use only. Do not write in this area,to be completed by city or town official
City or Town: PermitMcense
Issuing Authority(circle one):
1.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector
6. .................
Contact Person:,—,,-- Phone
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Salt, Lake City f-mir Wr 04111 LL�z Angeles CA 90017
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............601011045
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WUMBER
Vivint Solar, Inc, "i"M007 at
1301 N Thanksgiving Way, Ste —FFFfF,5WFi—rF ......................................................
411/2015 411/2016
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OPEPTY 111FORMATPON
All Vivint Solar lea sed/rem,ted warehouses/offices/storage IcK:atio"
Residential Solar, Tat locations on tole with carrier
Property CoTereda Busineas Personal Property cTMonzistanq of molar energy mystems, tools,
emrum&nt, supplies, rorKlIfts anqj cNMIblned busltiess I liter ruption/Extra Expense
THE, PrA,K,A,:5i OF flh,f,AANCE 1,;ST=,) FELCW 4A%F OFFN m aro.1 7,0 F-r r,4ff'_ffR=r), NAMS,") APC�wP FOR THE PFR4,)C, PVfr2C0',A1PFD
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SIJDECTTID,AL THE"rERVS,
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Policy Lindt, -Property Busiltess 111texrWtIon/Extra, Expeuse $5c,ccc,ccc $5,00C
Insta.11ati.on/Course of Comatruction Coverage, For Occur rearcm.- $5CO'Coo $5,00C
Installation Coverage-Per Jobsite $15c,cce $5,0CC
Flood (amnual aggregate) $2G,0CC,CCC1 See to
Eartb Movement.-California (allnu,al aqgregat*) $20,000,CCC See Belou
Earth Movement-rXitaide of CA (annual aggxeqata $20,GCC,C0C See Belom
Property in Transit $ICG,Ccc $5,60C
Operational Solar Panel Systems & Related PApnrcent $15c'm $5,00C
Hisc, Unsrheftiled Locattone $500,C00 $5,60C
Boiler Machinery Coverage
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Expense '12 W.Yur Deducti.ble,
Debris P*Awyval -25t Or LOSS' Pollutant Gleam g) $100,0�)o
CANCCLIATIOft
SHOULD ANY Of 11"E, A00VE L*SGKWLV MJ09ALS bt, LAWALLEV WJ.FOKI. J"E EXPIKAIPOR DATE Tftkk�,*, WAWL VVILL' EDC
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DINAVERED IN ACCORDANCt M11"114 POO KV PA;.)V'j,9i0N%
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'ORD It(100111do a, 199$10014 ALAORP
A4C"R®1 CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD YYYY)
��'. yupti2712016
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER TA
MARSH USA INC. NAME:
122517TH STREET,SUITE 1300 PHONE o,Ext);__ (aa No).
DENVER,CO 80202-5534 E-MAIL
Alin!Denver,CeaRequest@marsh.cwm(Fax:212-948.4381 -- - -
___INSURER(Sj AFFORDING_COVERAGE_ _ � NAIC p .
INSURER A:Axis Specialty Europe
INSURED
Vivint Solar Developer,LLC INSURER a:Zurich American Insurance Company 16535
— m - —
3301 North Thanksgiving Way,Suite 500 INSURER C:American Zurich Insurance Company 40142
Lehi,UT 84043 INSURER D:N/A N/A
INSURER E:
INSURER F;
COVERAGES CERTIFICATE NUMBER: SEA-00292()030-04 REVISION NUMBER:2
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
/NSR -{ ADL SII8R POLICY EFF POLICY EXP - - --- -----
LTR TYPE OF INSURANCE POLICY NUMBER IMMIDDNYYY1 IMMIDDIYYYYILIMITS
A X COMMERCIAL GENERAL LIABILITY 3776500116EN 01/29/2016 01/2912017 EACH OCCURRENCE $ 25,000,000
DAM E O-RENT5D—_ —___.-.._._
CLAIMS-MADE I X OCCUR PREMISES LEao urtenceL— $ 1,000,000
MED EXP(Any one person) 5 10,000
PERSONAL&ADV INJURY S 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 25,000,000
PRO-
JECT
II ,l --- ..-----
X POLICY JECT u LOC PRODUCTS-COMP/OPAGG $ 25,000,000
OTHER; $
B AUTOMOBILE LIABILITY BAP509601501 11/01/2015 11/01/2016 COMBINED SINGLE LIMIT $ 1,000,000
Ea ac(dont
Ix
ANY AUTO BODILY INJURY(Per person) 5
ALL OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOSAUTOS
HIRED AUTOS X AUOTOSWNED ,{Peas andont)AMAGE $
— —— ----
- Comp/Coll Ded $ 1,000
UMBRELLA LIAR OCCUR EACH OCCURRENCE $ _
EXCESS LIAR CLAMS-MADE AGGREGATE 5
OED RETENTION 5 S
C WORKERS COMPENSATION ( WC509601301 11101/2015 11/01/2016 X STATUTE_ �RH
AND EMPLOYERS'LIABILITY
AZ,CA,CT,HI,MD,NJ,NY,NV,NM,
YIN
ANY PROPRIETOR/EXCLUDRIEXECUTIVE a N/A 1,000,000
OFFICER/MEMBER EXCLUDED? -ELEACH ACCIDENT $
(Mandatory in NH) OR,PA,UT E L DISEASE-EA EMPLOYEE $ 1,000,000
B If yes,describe under WC509601401 MA 1110112015 11/0112016
DESCRIPTION OF OPERATIONS below ) EL DISEASE-POLICY LIMIT $ 1,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required)
CERTIFICATE HOLDER CANCELLATION
Town of North Andover SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
1600 Osgood SL THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Building 20 Suite 2035 ACCORDANCE WITH THE POLICY PROVISIONS.
North Andover,MA 01845
AUTHORIZED REPRESENTATIVE
of Marsh USA Inc.
Kathleen M.Parsloe �/ r.C!«ic7h.f;Ztvls�
@ 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD
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MOrM Reading I �I
-'' Expiration
e;aatirr�rrs4��w�rarer �'t/� t)1
111KI(Al"kev 4,
Office of Consumer AffairsBusiness Regulation
� w10 Park Plaza - Suite S 170
Boston, Massachusetts 02116
Home ImprovemeAt Contractor Registration
Registration: 170848
Type: Supplement Card
VIVINT SOLAR DEVELOPER LLC. Expiration: 1/5/2018
KYLE GREENS
3301 N THANKSGIVING WAY SUITE 500 -
LEHI, UT 84043
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