HomeMy WebLinkAboutBuilding Permit # 2/4/2016 _. �aORTH
BUILDING PERMIT
TOWN OF NORTH ANDOVER
APPLICATION FOR PLANE EXAMINATION
Permit e, C� ., .F,. Date Received
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Date Issued:
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TYPE OF IMPROVEMENT PROPOSED USE
Residential Non- Residential
ew Buildingne family
FJ 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)
OWNER: Name: r 10 CCU R, Phone:
Address;
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ARCHITECT/ENGINEER Phone: 1 �
Address: Reg. No.
FEE SCHEDULE:EC/LDING PERMIT:$1'1:00 PER$1000.00 OF THE TOTAL ESTIMATED COST EASED ON$125.00 PER S.F.
Total Project CosFEE:
Check No.: Receipt No.:
NOTE: Persons cMiradflnglwfth unregistered contractors do not have acc&k h Wguarantyfiind
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'Town oftot
fAndover
2 M'
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-P- �O LANE h Ver, ass,
COCNIC NE WICK
V BOARD OF HEALTH
Food/Kitchen
RMIT D
PE Septic System
THIS CERTIFIES THAT BUILDING INSPECTOR
has permission to erect ....... buildft ings on ... Foundation
Rough
tobe occupied as ..... ` ...... ...... ................... .. . .. ....... 1�4....... .... Chimney
provided that the person accepting this permit shall in every respect conform to the terms of the lication Final
on file in this office, andto 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
VIOLATION of the Zoning or Building Regulations Voids this Permit. Rough
Final
EXPIRESPERMIT ® S ELECTRICAL INSPECTOR
LES TS
Rough
Service
WROWMEMM
.... ..............................................
Final
BUILDING INSPECTOR
GAS INSPECTOR
Occupancy Permit Required t® Occupy Buildin:? Rough
Display in a Conspicuous Place on the Premises — Do Not Remove Final
No Lathing r Dry Wall To Be Done FIRE DEPARTMENT
Until Inspected and Approvedthe Building Inspector. Burner
Street No.
Smoke Det.
1/k 0 �
� �UP/ �m���
��" V �� � �� � ` � ! ^ . | 3301 Way, Smite 500
Structural Group Lotfl, �� 84043
P: (801) 234~7050
Scott E. Wyssling, PE
Senior Manager of Engineering mcott.wyss8ng@vivintsobrcom
December 30, 2O15
Mr. Dan Rock, Project yNanoger
VivintSo|ar
3301 North Thanksgiving Way, Suite 50O
Lehi, LIT 84O43
Re: Structural Engineering Services
Corey Residence
2OFoss Rd, North Andover K4A
8-4y55Q77
9.36 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 e 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 a site plan, roof plan and connection details for �
the solar panels. This information was prepared by the Design 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 mfResidence:
The existing residence is typical wood framing construction with the roof system consisting of the following:
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Roof Sections /1 and 2\: Roof section is composed of 2x8 dimensional lumber at 18" on center and �
m single layer ofroofing. The attic space is unfinished and photos indicate that there was free �
access tovisually inspect the size and condition ofthe roof members.
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 ofsettlement nr misalignment caused by overstressed underlying
members.
Stability Evaluation:
A. Wind Uplift Loading
1. Refer to attached Eco|ibrium Solar calculations sheet for ASCE/SEI 7-10 Minimum Design Loads
for Buildings and other Structures, wind speed of 100 mph based on Exposure Category and 30
degree roof slopes on the dwelling areas. Ground snow load is 50 PSF for Exposure B, Zone 2 per
(ASCE/SEI 7-10).
2. Total area subject to wind uplift is na|cu|obad for the Intehor. Edge and Corner Zones of the
dwelling.
A�
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Page 2Df2
B. Loading Criteria
1UPSF = Dead Load (rooUno/frmmin0) 50 PSF = Live Load (ground snow load)
3 PSF = Dead Load (solar panels/mounting hardware
Total Dead Load= 13 PSF
The above values are within acceptable limits of recognized industry standards for similar structures and in
accordance with the 2009 International Residential Coda with Massachusetts Amendments. Analysis performed on
the existing roof structure utilizing the above loading criteria indicates that the existing members will support the
additional panel loading without damage, ifinstalled correctly.
C. Roof Structure Capacity
1. The photographs provided ufthe attic space and roof rafters show that the framing ioingood
condition with novisible signs ofdamage caused byprior overstressing.
D. Solar Panel Anchorage
1. The solar panels shall be mounted in accordance with the most recent "Ecolibrium Solar Installation
Manue/'', which can be found on the Eoo|ibhum Solar website (000|ibriumso|ar.com). If during solar
panel inataUetion, the roof framing members appear unstable or deflect non-unifnrm|y, our office
should benotified before proceeding with the installation.
2. The solar panels are 1 Y6" thick and mounted 4 1/2" off the roof for a 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 m||uwmb|a pullout per lag screw /o2O5 lbs/inch of penetration as identified in the Nation
Design Standards (NOS) oftimber construction specifications for Spruce-Pine-Fir assumed. Based
on our evaluation, the pullout value, utilizing e penetration depth of 1/2". is less than the maximum
allowable per connection and therefore ieadequate.
4. Roof Sections /1 and 2\: Considering the roof slopes, the size, opocing, condition of the roof, the
panel supports shall be placed etand attached nogreater than every fourth roof member aspanels
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 �
orS4" n/o. whichever ioless. �
5. Panel support connections shall be staggered to distribute load to adjacent members.
'
Based on the above eva|uation, with appropriate panel anchors being utilized the nzcf system will adequately
support the additional loading imposed by the solar panels. This evaluation is in conformance with the 2009
International Residential Code with Massachusetts Amandmentm, current industry standards and prootice, and the
information supplied tousotthe time ofthis report.
Should you have any questions regarding the above or if you require further information do not hesitate to contact �
me.
V %
Jov 0%
SLIN
4r. IL
Scott E. Wyssling, P No 507
K4ALicense No. 5W007
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fh\. The Commonwealth of Massachusetts
Department of Industrial Accidents
Office of Investigations
600 Washington Street
Boston,MA 02111
40 www.mass.gov1dia
Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers
Anolicant Information Please P[1flL1&gjh!y
Name(Business/Organizationlindividtial):,
_L� rs
Address: -3 '3 011; 1/� r c1
A
_J_
City/State/Zip:. I—e-, -
q If 6.q 3 Phone TV
T
Are you an employer?Chee e appropriate box: Type of project(required):
1.[911am,a employer with V� 4, El I am a general contractor and 1 6� []Now construction
employees(full and/or part-time). have hired the sub-contractors F� Remodeling
2.E1 1 am a sole proprietor or partner- listed on the attached sheet,1 7.
ship and have no employees These sub-contractors have 8. ❑Demolition
working for me in any capacity, workers'comp.insurance. 9. Building addition
[No workers'comp, insurance 5. El We are a corporation and its
required.] officers have exercised their 10. Electrical repairs or additions
3.M I am a homeowner doing all work right of exemption per MGL I LEI Plumbing repairs or additions
myself,[No workers' comp. c. 152,§1(4),and we have no 12E Roof re `4151 ._._..a.__.insurance required.]t employees. [No workers' 13.EJ-6ifher
comp.insurance required.] _ S_ ......
*Any applicant that checks box III must also fill out the section below showing their workers'compensation policy information,
t 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 isproviding workers'compensation insurance for my employees. Below is thepolicy and jab site
information.
Insurance Company Name: 0 Plot wl
............... .__....._._...._w._
Policy A or Self ins,
Expiration Date: I
Job Site Address: City/State/Zip:
xK+_YQ_P_Y
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
rule 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 tip 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 thepains and penalties of perjury that the information provided above is true and correct.
Sig!jature: Date: 11 - 7- - IS-
P ne M 7-
Official use only, Do not write in this area,to be completed by city or town official
City or Town: Permit/License#_._......-....._.........
Issuing Authority(circle one):
1.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector
6.Other
Contact Person:-- Phone 4:
DATE(MM/DD/YYYY)
A ®® CERTIFICATE OF LIABILITY INSURANCE
ov27/2o1s
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(ies) 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 CONTACT
MARSH USA INC. NAME:
122517TH STREET,SUITE 1300 AIC o Ext):INFA No):
DENVER,CO 80202-5534 E-MAIL
Attn:Denver.CertRequest@marsh.com I Fax:212-948-4381 ADDRESS:
INSURERS AFFORDING COVERAGE NAIC#
INSURER A:Axis Specialty Europe
INSURED Vivinl Solar Developer,LLC INSURER B:Zurich American Insurance Company 16535
3301 North Thanksgiving Way,Suite 500 INSURER C:American Zurich Insurance Company 40142
Lehi,UT 84043 INSURER D:NIA N/A
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: SEA-002920030-04 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.
EFF POLICY EXP
ILTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MM/DDY MM DDIYYYY LIMITS
A X COMMERCIAL GENERAL LIABILITY 3776500116EN 01/29/2016 01/29/2017 EACH OCCURRENCE $ 25,000,000
CLAIMS-MADE OCCUR DAMAGE TO RENTED
PREMISES Ea occurrence $ 1,000,000
MED EXP(Any one person) $ 10,000
PERSONAL&ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 25,000,000
X POLICY El PRO JECT LOC PRODUCTS-COMP/OP AGG $ 25,000,000
OTHER: $
B AUTOMOBILE LIABILITY BAP509601501 11/0112015 11/01/2016 (CEO accidentMBINED SINGLE LIMIT $ 1,000,000
ANY AUTO BODILY INJURY(Per person) $ '..
ALL OWNED SCHEDULED
AUTOS AUTOS BODILY INJURY(Per accident) $
X
XHIRED AUTOS X NON-OWNED PROPERTY DAMAGE
PI $
AUTOS er accident
Comp/Coll Ded $ 1,000
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE AGGREGATE $
DED I I RETENTION$ $
C WORKERS COMPENSATION WC509601301 11/01/2015 11/01/2016 X STATUTE EORH
AND EMPLOYERS'LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N AZ,CA,CT,HI,MD,NJ,NY,NV,NM, E.L.EACH ACCIDENT $ 1,000,000
OFFICER/MEMBER EXCLUDED? N/A '..
(Mandatory in NH) OR,PA,UT E.L.DISEASE-EA EMPLOYE $ 1,000,000
B If yes,describe under WC509601401 MA 11/01/2015 11/01/2016
DESCRIPTION OF OPERATIONS below ( E.L.DISEASE-POLICY LIMIT $ 1,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe 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 St. 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 '� 31f. JQC¢ls�G
@ 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD
k43SSAChU3etfs -Department of PE.b"c Saf(qV
803rd Or BUM,in Requfafions and StarTAarcj,,,,,
CS-108068
KYLE GREENE
44 KAIN STMMT
Korth Reading IHifi '
g..x- Expiration
Cormlossioner 011204018
1(5�
Office of Consumer Affairs , nd Business Regulation
Suite 5170
10 Park Plaza
Boston, Ma'ssachusetts 02116
Home Improvetnegt 'Contractor Registration
Registration: 170848
Type: Supplement Card
VIVINT SOLAR DEVELOPER LLC, Expiration: 1/5/2018
KYLE GREENE
3301 N THANKSGIVING WAY SUITE 500
LEHI, UT 84043
..........
reason for clujjjge.
X'A 1 0 mUvvi M Address Renewal Employment D Lost Card
�colibriurn Beier
Customer Info
Name:
Email:
Phone:
Project Info
Identifier: 4755977—preinstall
Street Address Line 1:
Street Address Line 2:
City:
State:
Zip:
Country:
System Info
Module Manufacturer: Jinko Solar
Module Model: JKM260P-60
Module Quantity: 36
Array Size (DC watts): 9360.0
Mounting System Manufacturer: Ecolibrium Solar
Mounting System Product: EcoX
Inverter Manufacturer: SolarEdge Technologies
Inverter Model: v.SE7600A-US (240V)
Project Design Variables
Module Weight: 41.88778 lbs
Module Length: 64.960665 in
Module Width: 39.0551392 in
Basic Wind Speed: 100.0 mph
Ground Snow Load: 50.0 psf
Seismic: 1.5
Exposure Category: B
Importance Factor: I
Exposure on Roof: Partially Exposed
Topographic Factor: 1.0
Wind Directionality Factor: 0.85
Thermal Factor for Snow Load: 1.2
Lag Bolt Design Load - Upward: 820 Ibf
Lag Bolt Design Load - Lateral: 288 Ibf
EcoX Design Load- Downward: 918 Ibf
EcoX Design Load- Upward: 720 Ibf
EcoX Design Load- Downslope: 460 Ibf
EcoX Design Load- Lateral: 252 Ibf
Module Design Moment— Upward: 3655 in-Ib
Module Design Moment—Downward: 3655 in-Ib
Effective Wind Area: 20 ft2
Min Nominal Framing Depth: 2.5 in
Min Top Chord Specific Gravity: 0.42
ibri�� Solar
Plane Calculations (ASCE 7-10): South West Roof 4
Roof Shape: Edge and Corner Dimension: 3.427068561684545 ft
Roof Type: Composition Shingle Stagger Attachments: Yes
Average Roof Height: 40.0 ft Include Snow Guards: No
Least Horizontal Dimension: 34.2706856168454 ft Include North Row Extensions: No
Roof Slope: 30.0 deg
Truss Spacing: 16.0 in
Snow Load Calculations
Description Interior Edge Corner Unit
Flat Roof Snow Load 33.6 33.6 33.6 psf
Slope Factor 0.73 0.73 0.73
Roof Snow Load 24.5 24.5 24.5 psf
Wind Pressure Calculations
Description Interior Edge Corner Unit
Net Design Wind Pressure Uplift -20.7 -24.3 -24.3 psf
Net Design Wind Pressure Downforce 19.4 19.4 19.4 psf
Adjustment Factor for Height and Exposure Category 1.09 1.09 1.09
Design Wind Pressure Uplift -22.6 -26.5 -26.5 psf
Design Wind Pressure Downforce 21.1 21.1 21.1 psf
ASD Load Combinations
Description Interior Edge Corner Unit
Dead Load 2.4 2.4 2.4 psf
Snow Load 24.5 24.5 24.5 psf
Downslope: Load Combination 3 11.8 11.8 11.8 psf
Down:Load Combination 3 20.5 20.5 20.5 psf
Down: Load Combination 5 14.7 14.7 14.7 psf
Down: Load Combination 6a 25.4 25.4 25.4 psf
Up: Load Combination 7 -12.3 -14.7 -14.7 psf
Down Max 25.4 25.4 25.4 psf
Spacing Results(Landscape)
Description Interior Edge Corner Unit
Max Allowable Spacing Between Attachments 65.2 65.2 65.2 in
Max Spacing Between Attachments With Rafter/Truss Spacing of 16.0 in 64.0 64.0 64.0 in
Max Cantilever from Attachment to Perimeter of PV Array 21.7 21.7 21.7 in
Spacing Results(Portrait)
Description Interior Edge Corner Unit
Max Allowable Spacing Between Attachments 50.5 50.5 50.5 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 16.8 16.8 16.8 in
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Skirt
Coupling
End Coupling
Clamp
Note: If the total width of a continuous array exceeds 35 ft, break array to allow for
End Clamp thermal expansion and contraction. See Installation Guide for details,
North Row Extension Warning: PV Modules may need to be shifted with respect to roof trusses to comply with
Bonding Jumper maximum allowable overhang.
C colibriun-i lar
Roof Weights
In Conformance with Solar ABC's Expedited Permit Process
Module Quantity: 29
Weight of Modules: 1215 lbs
Weight of Mounting System: 90 lbs
Total Plane Weight: 1305 lbs
Total Plane Array Area: 511 ft2
Distributed Weight: 2.55 psf
Number of Attachments: 45
Weight per Attachment Point: 29 lbs
�colibriL.irnSour
Plane Calculations (ASCE 7-10): South West Roof 3
Roof Shape: Edge and Corner Dimension: 3.0 ft
Roof Type: Composition Shingle Stagger Attachments: Yes
Average Roof Height: 40.0 ft Include Snow Guards: No
Least Horizontal Dimension: 24.6608693569119 ft Include North Row Extensions: No
Roof Slope: 30.0 deg
Truss Spacing: 16.0 in
Snow Load Calculations
Description Interior Edge Corner Unit
Flat Roof Snow Load 33.6 33.6 33.6 psf
Slope Factor 0.73 0.73 0.73
Roof Snow Load 24.5 24.5 24.5 psf
Wind Pressure Calculations
Description Interior Edge Corner Unit
Net Design Wind Pressure Uplift -20.7 -24.3 -24.3 psf
Net Design Wind Pressure Downforce 19.4 19.4 19.4 psf
Adjustment Factor for Height and Exposure Category 1.09 1.09 1.09
Design Wind Pressure Uplift -22.6 -26.5 -26.5 psf
Design Wind Pressure Downforce 21.1 21.1 21.1 psf
ASD Load Combinations
Description Interior Edge Corner Unit
Dead Load 2.4 2.4 2.4 psf
Snow Load 24.5 24.5 24.5 psf
Downslope: Load Combination 3 11.8 11.8 11.8 psf
Down: Load Combination 3 20.5 20.5 20.5 psf
Down: Load Combination 5 14.7 14.7 14.7 psf
Down: Load Combination 6a 25.4 25.4 25.4 psf
Up: Load Combination 7 -12.3 -14.7 -14.7 psf
Down Max 25.4 25.4 25.4 psf
Spacing Results(Landscape)
Description Interior Edge Corner Unit
Max Allowable Spacing Between Attachments 65.2 65.2 65.2 in
Max Spacing Between Attachments With Rafter/Truss Spacing of 16.0 in 64.0 64.0 64.0 in
Max Cantilever from Attachment to Perimeter of PV Array 21.7 21.7 21.7 in
Spacing Results(Portrait)
Description Interior Edge Corner Unit
Max Allowable Spacing Between Attachments 50.5 50.5 50.5 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 16.8 16.8 16.8 in
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Note: Uthe total width ofecontinuous array exceeds 35ft, break array toallow for
0 North Row Extension thermal expansion and contraction. See Installation Guide for details.
Warning: PV Modules may need to be shifted with respect to roof trusses to comply with
Bonding Jumper maximum allowable overhang.
Ecolibrium Saler
Roof Weights
In Conformance with Solar ABC's Expedited Permit Process
Module Quantity: 7
Weight of Modules: 293 lbs
Weight of Mounting System: 32 lbs
Total Plane Weight: 325 lbs
Total Plane Array Area: 123 ft2
Distributed Weight: 2.64 psf
Number of Attachments: 16
Weight per Attachment Point: 20 lbs
EcolibriUrnBahr
Bill Of Materials
Part Name Quantity
ES10195 EcoX Base, Comp Shingle 61
ES10197 EcoX Flashing, Comp Shingle 61
ES10144 EcoX Junction Box Bracket 2 (Optional)
ES10132 EcoX Power Accessory Bracket 36
ES10184 PV Cable Clip 180
ES10103 EcoX Clamp Assembly 48
ES10136 EcoX End Clamp Assembly 13
ES 10201 EcoX Bonding Jumper 9
ES10121 EcoX Coupling Assembly 29
ES10146 EcoX End Coupling 5
North 20 Foss Rd,
Andover MA 01845U
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P9 PLAN DRAWN BY:AK I AR 4755977 Last Modified:12/29/2015 UTILITY ACCOUNT NUMBER:5362742000
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NUMBER:
CLAMP SPACING
MODULES IN PORTRAIT/LANDSCAPE NOT TO SCALE 1 0
NOT TO SCALE >
0 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 35.58 Amps
1 Solar Edge Cable 10 AWG 2(V+,V-) N/A-Free Air NIR-Free Air 690.8(8)(1)
NEC 690.35 compliant Nominal AC Voltage
zao vDks
1 Bare Copper Ground(EGCtGEC) 6 AWG 1 NIA-Free Air N/A-Free Air 9 N o
2 THWN-2 10 AWG 4(2-V+,V-) PVC 1" Nominal
all ungrounded Conductors THIS PANEL FED BY MULTIPLE SOURCES U n
2 THWN-2-Ground 8AWG 1 PVC 1" (UTILITY AND SOLAR) m
3 THWN-2 8AWG 3(1-L1,1-L2,1-N) PVC 1" Notes: SE760OA-US-U Inverter Specs: -0 s�
3 THWN-2-Ground 8AWG 1 PVC 1" Wire size and breaker calculations dependent upon GEC Efficiency 98%
inverter Continuous Maximum Output. d?o v
4 THWN-2 6 AWG 3(1-L1,1-L2,1-N) PVC 1" AC Operating Voltage 240V oz
Example:SE38000A-US-U Max Output=16A = Z
4 1 THWN-2-Ground 8 AWG 1 PVC 1" <20A. Therefore a 20A solar breaker will be needed for Continuous Max Output 32A
each SE380OA-US-U inverter. Wire Gauge should also DG Maximum Input Current 23A v o
be determined with 16A Max for each inverter. L_ z a
ALL CONDUCTORS Solar Edge Optimizer Specs: o
P300 DC Input Power 30OW U
SHALL BE COPPER DC Max Input Voltage 848V
DC Max Input Current 12.5A
Design Conditions: DC Max Output Current 15A
ASHRAE 2013 Max String Rating 5250W
Highest Monthly 2%DB Design Temp 35.6°C. Module Specs:
36 PV MODULES PER INVERTER=9364 WATTS STC Lowest Min.Mean Extreme DB -17°C
VOC Tem coefficient V1°C JKM260P-60
1 STRING OF 18 PV MODULES p Short Circuit Current(Isc) 9.00A
1 STRING OF 18 PV MODULES
Open Circuit Voltage(Voc) 37.8V
System Specs:
Operating Current(Imp) 8.47A
Max DC Voltage 500V Operating Voltage(Vmp) 30.7V =_
Nominal DC Operating Voltage 350V Max Series Fuse Rating 15A
Max.DC Current per String 15A STC Rating(Pmax) 260W -
a' r - e. - B` - ii Nominal AC Current 32A Power Tolerance -01+3%
*CONFORMS TO ANSI C12.1-2008 EXISTING
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YOU (AN 5100 O OP RECEIVING E'CEI ING "P E� C;REE"I CE ` O F ER O CREDIT E R('''W
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CALLING TOLL-FREE 888,5617,8688, SEE: PRES,( R E"°:I'4 & OPT OUT W)TIC"E BELOW FOR MORE INFO MArION ABOUT
PRESCREENED OFFERS,
I hcr' I`'Ia,I6c"'f,d 0f C"'aai��"c"fll":oi Baa n r`d bf,, n I,, ldh(I I, st,ipport@vi ir,ntsoiar,, ani I vivant of rc rn
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RESIDENTIAL SOLAR POWER PURCHASE AGREEMENT
1 hlr RI`ill)[ N I IAI, S)OI.AR Pf;;)W(IR P(JRt;t4A`'A (r d A1(Jjyo0Irr,J. Afton in atolls tir,I , ini p�. (,tic)n,
AGR[L.MI NT (togr_.tlicHs with all do(u rionti r:xpre,"'Jy arvf rir(:el rt of all approvals riflating to thf,
incorporated herewith, this ",qg tent'') is entered Systern, We will request interconr'iection of and
into on the Transaction Late set forth above, by and permission to operate the System with the Utility"
between VIVINI' SOLAR 1)1.:VLL(.)PLR, LL"C, a Although We will promptly request Interconnection
limited liab0ity company (together with Our successor and permission to operate the System, We cannot
and assigns, "SdIe0", "Ind, "M', "®tit`) and the prormse or guarantee the date such perm ssion will be
undersigned CUSTOMLR(s) (together with Your received from the Utility. After We receive the Utility's
successors and permitted assigns, "CUstotnel" "KOU', permission to operate,We will activate the System and
"YOU/"; together with Us, the "Partles'',, and each, a cause it to generate Energy, measured in kilowatt
"Palv'). hours (` Ene '). Energy does not include the System
1. Design, Installation, and Activation. interests. YOU ARE NOT ALLOWED TO TURN ON THE
(a) Qes(iption of the,prolect arrd cfescrJTtl rn SYSTEM UNTIL`t'vrE NOTIFY YOU THAT THE UTILITY HAS
of the significant materials to be used and ecTwoment GIVEN ITS PERMISSION TO OPERATE. PURSUANT TO
to be installed. We will design, install, service, and SECTION 7(b), YOU ARE LIABLE FOR ANY COSTS OR
maintain a sonar photovoltaic system on Your home at DAMAGE RELATING TO YOUR PREMATURE
the installation location described above (the ACTIVATION OF THE SYSTEM.
"Property'), which will include all solar panels, 2. Term and Renewal.
inverters, meters, and other components (collectively, (a) Term. This Agreement is effective as of the
the "System"), as further described in the Customer Transaction Gate and shall continue until the twentieth
Packet that We will provide to You hereafter. Material (20th) anniversary of the In-Service Cate (together
portions of the System generally will be installed by with any renewal term described in Section 2(b)(ii), the
Our employed techn€cians and electricians. If We use "Temt'). The "In-Service Datd' shall be the first day
subcontractors, We will provide You with their names after all of the following have been achieved: (i) the
and license numbers if required by applicable law. System has been installed and is capable of generating
With Your cooperation, We will (i) design, install, and Energy; (ii) all permits, inspections, and approvals
connect the System in material compliance with all necessary to operate the System have been obtained;
applicable laws; (ii) complete all required inspections; and (iii) the System has been interconnected with the
and (iii) obtain all required certifications and permits Utility and recesved permission to operate.
In order to design a System that meets Your needs, You (b) End of Term (r) Your Clpboos. At the end
agree (1) that We may obtain Your electrical usage of the Term, so long as there is no Customer Default
history from Your electric utility provider (the ongoing, You may elect to: (1) continue with this
"Utlllty'); (2) to provide Us with copies of bills and Agreement for a renewal term of five (5) years at the
other information from Your Utility: and (3) to enter Renewal Price (as desisnbedIn Sectiorf,_2(b)(it));
into and execrate any interconnection or other (2) purchase the System (as described in
agreements that may be required by Your Utility We Section 2 b iii ) and this Agreement will automatically
will design and install the System at no cost to You; terminate; or (3) have the System removed at no cost
ocher than the Energy Price. We agree to marnta{n to You (as described in Section 2 b iv ) and this
Your Property free of trash during installation, and will Agreement will automatically terminate. No more
(.lean up any rnaterlak. or debwr� irrr tallatiorr trial`= sixty (L�+O) ni.)r Ie v,; Ih,-in thirty (10)days prior t()I h o
(b) o,,4]11l'otl%"r;t ' ,`�t rt fir' ew"f of the I Ear€ti, W('will '-dimd to You noto'e.coff(Or"Ml"l
C oinpl(,1tori Qatf� Subje(,t to the decay"-, of perrr'iitting Yo,ir d,,ind of torrn optiiarls, inc,ludin, the ronowal,
authoiiti(,�`>, woathil `, and C�thei (onditiorr,outs-de Our put(ha,;(,, Bind (ani Pll,)tion forms. It You do not elF,ct
control, in�t,'Illatloll of the Syslelll porlor"a€ly taFew one any of thos("� tilree ()pnons, this Ag€(,!oni int will
(T) day and is anticipated to start and be substarinally automatically renew on a year to year basis (as
complete no later than the dates described above described in Section Abl(v)). (n) Renewal Option. The
rer evval forrri will set forth the new Lnergy Price for
the rc�new,�) tease hayed on Our assessrniint of the 3. Price and Payment.
them-a+sail,rb1c, market inforrriation and Our (a Sale of C fes tnc ley. (i) gale. This Agreement
dc', rierr'rllnatron of the then,current fair roar'ket, vaitr:kw of i7 for kite ;t"rle of energy by Us to Vaca and riot for th(.r
the Systern (thEs "R&Mwal Ply '), If You elect the sale of tl"1F.,? System, the `system Interests (its �uch teras
renewal option, then We will need to receive Your is defined in Section Aid), or a solar energy device.
completed renewal form not less than thirty (30l days Beginning with the In-Service Gate, We will sell to You
prior to the end of the Term. If You choose not to and You will buy from Us all of the energy produced by
renews, then You may elect (under Section 2lb)f if) to the System. (ii) Price. For all Energy produced by the
purchase the System or to have the System removed System, You shalt pay Us the Energy Price set forth
at no cost to You. (iii) Purchase Option. The purchase above, PLUS APPLICABLE TAXES. On each anniversary
forme will set forth the Purchase Option price. The of the in-Service Date, the Energy Price shall increase
"PU se OptJon Prtrce'' 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 nsk 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, there We 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, camphance 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 them owing and unpaid hereunder not Cess 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 Obligation 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. After which, We will remove the not subject to rate review or other utility or public
System from Your Property within ninety (90) days service 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 US OF YOUR ELECTION BY may require more electricity than the System may
SENDING THE APPLICABLE COMPLETED FORM TO US generate. If You creed any such additional energy, then
EITHER BY E-MAIL OR U.S. MAIL AT OUR ADDRESS You shall be solely responsible to obtain such energy
FIRST SCT FORTH ABOVE AT LEAST THIRTY (30) DAYS from the Utility at Your cost. OTHER THAN AS
PRIOR TO THE END OF TIME. TERM, THEN (UNLESS WE EXPLICITLY SET FORTH ON CXI(IL3IT CCS WE 00 NOT
ELECT TO TERMINATE TFIIS AGREEMENT) TF41S WARRANT OR GUARANTEE (I) THE AMOUNT OF
AGREEMENT WILL AUTOMATICALLY RENEW ON A ENERGY PRODUCED BY TIME SYSTEM FOR ANY PERIOD,
YEAR-TO YEAR BASIS AT TCN PERCENT (I0%) LESS (iso ANY COST SAVINGS, OR (iii) THE EXISTENCE OF CJR
THAN -THE THEN-CURRENT AVE14AGE RATE CHARGED PRICING ASSOCIATED WITH ANY NET METERING
BY YOUR UTILITY UNTIL.YOU NOTIFY US IN WRITING OF PRO(3RAM, OR UTItTTY OR GOVEE NI'v ENT INCENTIVE
YOUR ELECTION TO CANCEL, AT` I-EAST THIRTY (30) PROGRAM, UTILITY RATES AND UTILITY RATE
DAY'S PRIOR TO THE END OF THE RENEWAL TERM. STRt.KTURES ARE :SUBJECT TO CHANGE, f'Ll E SL.
YOU AND WE AGREE THAT SUCH ENERGY PRICE CHANGE.,,s CANNOT BE ACCURAIE_LY PREDICTED
DURING AN AUTOMATIC RE=NEWAL TERM FAIRLY PRO)ECTED SAVINGS FROM YOUR SYSTEM ARE
RLFLLCFS AND IS A REASONABLE ESTIMATION OF THE 11HEREFORE SUBJECT TO CHANGE. fAX INCENTIVES
FAIR MARKEI" VALUE Of THE ENERGY PRODUCED BY ARE SUBJECT' fO CHANGE OR TERMINATION BY
[HL SYS fLM. LXECIUFIVL, LEGISLATIVE OR REGULATORY ACTION,
(b) P-qyrnfh
Jti, (i)Invoit"ing. Beginning with me, anniversary of the In-Sorvice Date (the "Edr1yPUrdVSe
first (I') month following the In Services Date and each C"ii2d'), You may elect to purchase the System by
rrionth throughout they I orm, W(� will .wnd to You an, sending Us written notice no later thin ninety (90)
invoice reflecting the charges for the Energy produced days after, the sixth (6"') anniversary of the In Service
by the System, if the System is not reporting Energy Date- The "Early Putdyase QpM7n Pdcd' 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 Secttjqn
). At 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. (6) Payment Methods. You shall make payments elect the Early Purchase Option, then We will need to
to Us by (1) automatic payment deduction from Your receive Your payment of the Early Purchase Option
designated checking account, (2) autornatic 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 limit, (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 ($5) monthly the System pursuant to Section 4(a)of the Agreement.
discount if You allow Us to automatically debit Your 4. Our Services.
checking account. You will not receive such Five Dollar (a) Operations and Maintenance. During the
($S) monthly discount if You choose to pay by any Initial term of this Agreement, so long as no Customer
means other than automatic debit from Your checking Default (as such term is defined below) has occurred
account(e.g.,credit card or check). (iv)Late Payments. 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 Lip to Term, We will operate and maintain the System (i) at
Fifteen Dollars ($15), but not to exceed the maximum Our sole cost and expense; (ii) in good condition; and
amount allowed under applicable law. You agree that (iii) 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 insurance.. We carry commercial general
ga 3 (bl
may be
electronically debited automatically from Your checidng liability 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 550,000,000, For more information
Se? (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 unconditional, and atl risk of loss with respect to the System, except for
shall not be subject to any abatement, defense, losses arising from the acts or omissions by You or Your
counterclaim, setoff, recoupment, or reduction You licensees, guests, invitees, contractors, or agents or
and We agree that all amounts payable by You otherwise covered by Your insurance pursuant to
hereunder shall be payable in all events including by '�e
,_LiQn $Jbj. It the System is damaged or destroyed by
Your successors, and permitted assigns. Except for fire, storm, flood, earthquake, or other disaster or
Your right to terminate render the Notice of accident (eachi, a "Casualty E' t') fully covered by
Cancellation or after a Seller Default (as such term rs Our insurance, We will promptly repair or replace the,
defined in Sef ) ,- fullest extent damaged portions of the System as necessary to
and to the
pi,rmttted under applicable law, You hereby waive all re,%tore it to good working condition. If the Systorn is
rights You may hav(�to reject or cancel this Agrtt.,ernent, damaged or destroyed by a Casualty Event not fully
to revoke acceptance, of the System, or to grara a covered by Our insurance, We may, at Our' option (i)
security interest in the System, repair and restore the System to good working
(c) Early Rg
14 rQp fign. You have a one- condition; or(ii) terminate this Agreement and, at Your
i�hq�Q _L _
time option to purchase the System on the sixth (6"' election, either convey the System in its then-existing
(oridilion, "As 1�, Where Is", to You for no addmona;' (vi) any other beyond Our reasonable control.
considr�ration or rc?rnove the Sys,tom frornYo(.-,'r Our warranty and maintenance obligitii,)rls under.
Proporty, -oid �tjgj may be trarisferre(.J to a third
gj
(d) We may cause pariv EXCEPT AS SET rORTH IN THIS
(-p , )
n AND
the Systern to be disconnected from any electrical EXHfBiT B, AND TO THE FULLEST EXTENT PERM11TED
facilities, including the Utility's facilities, 4 they require UNDER APPLICABLE LAW, WE MAKE NO OTHER
such disconnection or We are required to do so under WARRANTY TO YOU OR ANY OTHER PERSON,
applicable law, including (but not limited to) any WHETHER EXPRESS, IMPLIED, OR STATUTORY; AS TO
disconnection directed by the Utility as part of a THE MERCHANTABfLITY OR FITNESS FOR ANY
curtailment or other order or instruction. PURPOSE OF TFi E EQUIPMENT, INSTALLATION,
(e) Limited Warranties, So long as You comply DESIGN, OPERATION, OR MAINTENANCE OF THE
with Your obligations under this Agreement, tinder SYSTEM; THE PRODUCTION OR DELIVERY OF ENERGY;
custornary use and operating conditions, We warrant OR ANY OTHER ASSOCIATED SERVICE OR MAI-TER
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 OF ANY WARRANTY IS LIMITED TO REPAIRING
Section 5(g); and (ii) for ten (10) years after the In- 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, please contact Us at SECTION AW AS A CONDITION AND MATERIAL
support@vivintsolar.com or 977.404.4129. We will INDUCEMENT TO ENTER INTO THIS AGREEMENT.
repair or replace any damage or defective component, THERE ARE NO WARRANTIES WHICH EXTEND BEYOND
or correct any defective workmanship at no cost to THE DESCRIPTION OF THE FACE HEREOF.
You. (h) Mgg(rrg. 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 "Aletel ). 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 descrtbed We will store such Meter data throughout the Term
above in Section_j Ue , The System's solar modules and provide it to You with access to it upon Your
carry a minimum manufacturer's warranty of twenty reasOnable request.. Our use and disclosure of data
(20) years as follows: (i) during the first ten (10)years collected through the Meter is described in Section 7(j)
of use, the modules' electrical output will not degrade below. YOU agree to 311OW Our personnel reasonable
by more than ten percent (10%) from the originally access to Your Property to collect such data, At Our
rated output, and (ii) during the first twenty (20) years discretion, We may test the accuracy of the Meter
of use, the modules' electrical output will riot degrade from time to time. If such testing indicates that the
by more than twenty percent (20')16)from the originally Meter is maccurate by more than plus or minus five
rated output. During the Term, We will enforce these percent (±5%), then We wd ll (t) repair and recalibrate
warranties as owner of the System. the Meter, at no cost to You; and (k) make retroactive
(g) I,xc.11tsrqr75 and--Disc la-i rji q,r,-oW,f- a,rra,nt i-e"S- adnistments to Your payments based on corfected
The limited warranties set forth tri 5&,
above, Meter data for the period of such inaccurary It th(,,�
do not ipply to and do not cover problems resuiting Meter is inoperable for any reason, iricluding Your
fron-i: (i) Your ,,uJs or ornissicins, me leading Your fadure faikjre to maintain working broadband interriet or
to abide by the terms (,,)f this Agreement, (it) exposure efectrtcal (,-orinectiows, Wo rnF,iy (1) ch,,,,irgo You the
to harmful materials and chernicals, (iii) any F,ofce Shutdown Payment, and/or (2) esurnate any
Majeure Event (as such term is defined in Section 6Ld).), performance guarantee payment.
(iv) vandafism., theft, or tampering with the Systern by tj
gm--jf!rterests..
anyone; (v) damage caused by hail or ball strikes, and tq Our Ownership of the Systern orid the System
Interests, We shish own and hold all property rights in, security interest in Our owner�,hip in the Syv;tesrn and
(1)the Sy>teni; and (2)any credits, rebatirs, incentives, the System Interests, and Otir right to Your
d1fowances, tax bcmefits, or oihffificates that are Property, mcludinF
, (without limitation) financing
attributed, allocated, or related to the System, the statements, UCC-1 financing statements and fixture
Energy, or environmental attributes thereof filings. Upon termination of this Agreement,each such
(collectively, the "System Interests"). You hereby filing will be terminated. You understand that the
disclaim and, it applicable, assign to Us any and all System shall be marked and identified as Our property.
right, title and interest in the System. and the System S. Customer Obligations.
Interests that You may have at any time, whether (a) Reprg mations and Warranties, You
arising under applicable law or otherwise, and You represent, warrant, and agree that each of the
agree to execute all documents and instruments We following 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 otherwise (6)You are the only fee simple owner(s)of the Property
cause Us to be the exclusive owner of the System and (t.e_ You have full and exclusive ownership rights to
the System Interests. You shall have no property the Property) 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 under Your Agreement, (iii) 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 all 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 ormss€on that could have the and entities 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 shall immediately notify Us warranties except as expressly set forth in this
upon becoming aware of the occurrence or possibility Agreement.
Of Such impairment. (6) Personal Property Nature of (b`r Customer Insurance, You currently have
the System. Notwithstanding the manner in which the and agree to maintain customary property and liability
System is attached to Your Property, nor any fixtirre insurance with respect to Your Property,
filing by Us, You and We hereby agree that the System (c) (xJsti, .., iolations and Conditions. We
and the System Interests shall remain Our sole shall not be held responsible for any existing violations
personal property and shall not be deemed or of applicable building regulations or ordinances on
ChJfdGQriM,d as a "fixture" of any part (if the "reafty", Your Property, whether cited by the appropriate=
as tl"iose lerms rnay be defined by applicable faw it is ,,juthority or not. We are riot responsible for any
further af!,reecl that the Installation of the, System shalt, precxisting conditions on Your Property, Prior to
not be a repari, remod(,,d, alteratmn, coriver�tcin, installation, You shall Rive to Ua copy of any
modernization of, or addition to, Your Property. restrictions, or rights of way relating to the
(iii) Notices ol'Systetri Ownership, We will not place a Property. If You do not do so, We will assun-re that
lien on Your Property. You authorize Us to rnake filings none exist, and You shall be solely liable for any
and recordings with retevant goverrif-riental authorities violation of such easement, restriction, or right of way.
as may be necessary to provide notice of and to take
(�} You hereby grant to U$
and Our ernp|Vyorm,aReo|s, mndcontractors,the rght
to access and use Your Property �o that We rnay
(|) perform a site sun/eV, where We will take
measurements of and inspect Your roof and Yaur
home's electrical systems, (ii) install, operate, and
maintain the System throughout theTerm.(iii)enforce
Our rights astothisAgreement and theSystern and the
System Interests, and (w) take any other action,
reasonably necessary in connection with the
construction, installation, operation' rnamtemsmce'
repair, orremoval ofthe System. The foregoing rights
of access to Your Property shall constitute a license
coupled with aninterest and shall beirrevocable for up
toninety (98)days after this Agreement terminates to
provide Uswith time toremove the System atthe end
of the Term, We shall give You reasonable notice prior
to accessing Your Property.
(e) Modifications after Install. (i) A/terotfomm.
You shall not <l>touch, handle, operate, alter, repair'
or otherwise modify the System or an/ component
thereof; and (2) take any action that could void or
impair any warranty relating tuthe System. You will be
responsible for any damage to the System that is
caused at any time byYou orYour licensees, guests,
invitees, contractors, or agents. (h) Property Repairs.
You are not permitted to make repairs or
improvements to Your Property that may interfere
with the performance or operation of the System
without Our prior consent pursuant to this
Section SleAVef the }�*
Service Data, if You provide Us with at least thirty (3Q)
days' prior written notice' then We will temporarily
remove and reinstall the System at Your request to
a||ov/ for such repair or improvement (a ~[latoffw-
Shutdowd') You will be
required to(1) pay tuDsafee equal to Four Hundred
and Ninety -Nine Dollars ($499) before We remove the
System; (2) securely store the System components
during the Custonner'Requested Temporary
Shutdown, and (3) pay the Shutdown Payment /f the
System is not remstaked within thirty (.30) days of
reroov@i A Cgstorner-Requ��ted Tern@f)rery
Shutdown dumng the first five (5) years of the
A8reornentm/o|| bedone @\Our s0ediscretion and ata
cu!ArnuAuai|yagreed before We rennovethe System.
THE LUST[}k4ER'KEDU£STLD TEMPORARY
SHUTDOWN COSTS DESCRIBED IN THIS SECTIO StL -Lel
ARE NOT AN EARLY CANCELLATION FEE OTHER THAN
AS SET FORTH iNTHE NOTICE OF(,ANCELb\T|QN AND
SEC, T10N1S_51(rj), AND 61ci YOU ARE NOT'
ALLOWED TO TERMINATE OR CANCEL TN|S
AC)REEWENT PRIOR TO THE END Of THE TERM,
(4t) Required Changes, If You, the Utility, or any
governmental agency requires (I) any change Luthe
System after its installation, You shall pay Our standard
parts and labor charges; or(2)that VVepay any tax, fee,
or other charge in /elation to the System or this
Agreement after the In -Service Date, then You shall be
responsible to reimburse Usfor such tax, fee' or other
charge (including any taxes under .
(f) hnscitation. You acknowledge and agree
that the System's unobstructed access to sunlight
(~Inotatled') is essential to Us and is a material
inducement toOur entering into this Agreement. At all
times during the Term, You shall not cause, permit, or
otherwise allow any circumstance mrcondition within
Your control that could adversely affect Insolation,
including (without limitation): <i\ any material
alteration of Your Property where the System is
installed- ([A the installation of any structure' or any
otherobstructiom; (iii) the growth of trees and other
foliage; or (iv) the emission from Your Property of
particulate matter, smoke, fog, steam or any other
airborne impediments that materially affect Insolation.
You agree tmtrim all trees and other foliage tmensure
that shading of Your roof and the System is no worse
than on the Transaction Date. |fYou become aware of
any potential development or other activity on
adjacentoroearbVprnpert/es that Could diminish the
|nso,lation, You shall promptly notify Us and shall
cooperate with Us in reasonable measures We may
take in an attempt to preserve existing levels of
!msolatiom, Notwithstanding any other right orremedy
prnv/ded inthis Agreement, You agree that VVewould
be irreparably harmed by Your breach of Your
obligations Linder this and that anaward o/
damages would be inadequate to remedy such a
breach' and that therefore We shall be entitled to
equitable relief, including specific performance' to
compel Your compliance with the prov/s/&ns �( this
�,,,� w/thmut proofof any damages or posting
of any bond orsimilar secVnty
(g)to
You are responsible to
i -insure that Your Property (mdud/ug all dec\nca;
sysuernsand the rmmf)umaintained /ngood condition
and repair. It is Your responsibility to remove or
protect any personal property or fixtures (including,
but not lirnitocl to, decor at knns, Furniture, ve,,Ihicles,
plants, and other valuables) in thc� areas of Our work
ancl the locations surrounding
, the Systern, You
acknowledge and agree that Wre are not resp-onsible
for any damage or loss to Your Property, personal
property, fixtures, or other belongings caused by:
(i) snow falling from, Your roof; (ii) animals or other
pests under or near the System,- or (ki) other natural
events or acts of god outside Our reasonable control.
(h) Use of the System. You shall use the Energy
from the System primarily for personal, family, or
household purposes, but not to heat a swimming pool.
At all times, You shall ensure that the Property remains
grid -connected to the Utility.
(i) Broadband Internet Connection. You must
provide the System with continuous access to a
functioning broadband internet connection with one
(1) wired Ethernet port and standard electrical outlet,
at Your cost, if You fail to maintain broadband internet
or electrical connection for a period of time, We may
(i) charge You the Shutdown Payment, and/or
(ii) estimate any performance guarantee payment -
(j) Authorizations. Prior to installation of the
System, You shall obtain from Your mortgagee, home
owners' association, or any other person with an
interest in Your Property all authorizations necessary
for Us to install, operate, and maintain the System.
Your failure to obtain these authorizations in a timely
manner may result in termination of this Agreement.
(k) Taxes. You will pay all taxes assessed on or
arising from installation or operation of the System,
including any transaction priviiege, general excise, use,
sales or other transaction -based taxes on the Energy
produced by the System; provided, however, You will'
not be responsible for any real or personal property
taxes assessed on the System,
(1) Further Assurances. Upon Our request,
You shall promptly sign and return, or otherwise assist
Us in obtaining: (i) any application, agreement, or
other document necessary for Us to obtain any Sjstem
lnteieit,,; (ii) any permits, net
metering agreernents, and rather docurnents recil--ilred
by thr_,� Utility, (iii) any document necc%ssary to verify
Our owrgorship inU',,)rest in the Sy%t(,,�m and System
Interests; and (iv) You ihall promptly comply with any
of Our additional requests so that M, rimy obtain
possession of all System Interests. To the extent
permitted by applicable law, You hereby authorize Us
to cornplete any dot,,,um(�n- wf�,,ronced :jl%%)v i,1 1, h!
S e c g o n
by adding any inforn iom)ri
(m) 0 LJjy_j,_Q r 'L ifh "') 1 0 rn P t I y n o' t i I Y
You
if (0 You notice any person or thing inte! fering with thin
operation of the System; (ii) Your Property has any
ordinance or permit violations or encurnbraiice that
may prevent proper System permitting, installation, or
operation; (iii) You take any emergency action with
respect to the System, or (iv) You receive or otherwise
acquire any System interests, including any Incentive
payments. Your failure to promptly notify Us of such
matters shall be a Customer Default under
Section 6(b)(i)_ in the event of an emergency affecting
the System, You shall contact Us immediately. If We
are unable to timely respond, You may (at Your own
expense) contract with a licensed and qualified solar
installer to remove the System as necessary to make
repairs required by the emergency. You shall be
responsible for any damage to the System that results
from actions taken by Your contractor.
(n) Transfer of Prope!:Iy. You are required to
notify Us thirty (30) days prior to any sale or transfer
of Your Property (a "Property Transfer"). When
notifying Us, You will be required to provide the
following information: the name of the person buying
Your Property or the transferee (the "Property
rramMerele'), the anticipated date of the Property
Transfer, Your choice of the four (4) transfer options
outlined below, and any additional information We
reasonably request. You will have the followmg four
(41 options upon a transfer of the Property:
(t) Assignment, The Property Transferee can sign a
transfer agreement, assuming all of Your rights and
obligations under thins Agreement. Prior to any such
sale or transfer of Your Property, You agree to have the
Property Transferee sggn the transfer agreement. YOU
ACKNOWLEDGE AND AGREE THAT UNTIL THE
PROPERTY TRANSFEREE HAS SIGNED TIDE TRANSFER
AGREEMENT, YOU SHALL REMAIN RESPONSIBLE FOR
ALL OBLIGATIONS IN THIS AGREEMENT,
(a,! Prepayment YOU Mdy (+Xt LO frilly P901'My JII Of
Your rernaining monthly payrnents of the Lrirrgy Price,
during the Term of this Apreemrrit and assign the,
agreement to the Property Tr n5J(,%reo, 1, 11 o
PkW- yment Prltxd' will b ci equal t (,,i tine 5, k i rn of t h (,'.,
remaining menthly payments of the Energy Price
(based on Our reasonable estirriation of the energy to
be produced) due to Us cluring, the Term, discounted
by five percent (S%), After Our receipt of Your
payment of thc! llepayenerit Price And a,
tr%jmllet agreeryient, the Property ,fi r
be ohlip ,. ed to pam
y Any reainngo
imnthly payrrents
a t
for the E norgy Pricey during the "I erm, but the Propof vit
Transferee will assume all other obligations under this
Agreement. Prepayments do not constitute do,,k/n
payments or progress payments. REGARDLESS Ot-
WHEIIAER YOU PREPAY THIS AGREEMLN'T, WE WILL
OWN THE SYSTEM AND THE SYSTEM INTERESTS AS
PROVIDED IN SECTION 4(p) HERETO, and Our
obligations to operate and maintain the System under
Section 4(a) hereto will continue throughout the Term
(ifi) Relocation. Where permitted by the Utility and
applicable law, and where Insolation of the System wtil
not be adversely affected, We will move the System to
Your new home. You will be required to pay all fees
and costs associated with relocating the System,
execute an amendment to this Agreement that
identifies the new Property, and provide any third
party consents or releases required by Us in
connection with the new Property. (iv), Eorty Purchase.
In connection with a Property Transfer after the sixth
(15"') anniversary of the In -Service Date, You may elect
the Early Purchase Option pursuant to Section 3(c)_
6. Special Circumstances.
(a) System Shutdowns. (i) Safety Shutdown,
In addition to Our right to shut down the System for
maintenance, We may shut down the System if We
reasonably believe that Property conditions or
activities of persons on the Property, whch are not
under Our control, whether or not under Your control,
may interfere with the safe operation of the System
(a "Sakety Shutobwf). During the pendency of a
Safety Shutdown, You will pay Us the Shutdown
Payment. (fi) Property Vacated. In the event that You
vacate Your Property for any period of time as a result
of an event that is not a Force Majeure Event or a Seller
Default, You will continue to pay Us for all the Energy
produced by the System. (iii) Interconnection
Deactivation, If interconnection with the Utility
becomes G!Qd(tiVated for fed,,OUIS that die not (1) a
Force Majeure Everit, or (2) cau�,,ied by or related to Our
unexoASO-d action or aiaction, such that the System ts
no longer able to proclur,(,,� electricity or tran,xfer
electricity to You or to d"ie Utility, You will pay Us the
Shutdown Payment, (iv) Shutdown Payment. The
"Shutdown Payment' shall equal the sum of
(1) payments of the Energy Price that You would have
made to Us as described in Section_AW for the Energy
ti 'it 0/
� P C? r of 'i h ,'-,utdowri; 0.j
lnterez,,i !hit �Ahwould have ce(c,v' -J p
X611 shutdown; arid (3) applicable t ") X e 5,
Determ;n,-it)on of the arnotint of Energy that would
Dave been produced during I ,!tiod of the
shutdown shall b,� based on eswni,iikk,�d lo -vols of
pmduction. If We bill You for the Shutdown 1",,iyrnerA
becau-,e the System is not reporting Energy productior,
to Us, and We subsequently determine that We have
either over PS tim ated or underestimated the actual
Energy production, then We will adust the next
invoice with a non --refundable credit (for over -billing)
or an additional charge (for under -billing). You will not
be charged for Shutdown Payment when the System is
not producing Energy due to Our fault. If a shutdown
pursuant to jg_ctLpn SLe
J or this Section 6(a) continues
for one hundred and eighty (180) days or longer, We
may, in Our sole discretion, terminate this Agreement
and require You to pay the Default Payment.
(b) Events of Default. (i) Customer Default. A
"OUStomerLiiiAiult' shall mean the occurrence of any
of the following: (1) Your failure to make any payment
under this Agreement within ten (10) days of when due
and such failure is not cured within ten (10) days after
We give You written notice of such failure; (2) Your
failure to perform any obligation under this Agreement
and such failure is not cured within thirty (30) days
after We give You written notice of such failure; (3) You
deny Us, Our contractors or agents, governmental
authorities, or the Utility access to Your Property and
such access is not given within thirty (30) days after We
give You written notice of the failure to provide such
access; (4) Your bankruptcy, insolvency, or admission
of Your inability to pay Your debts as they mature; or
(5) Your Property becoming subject to a foreclosure
proceeding or Your failure to perform any obligation
which is secured by Your Property, (io Remedies for
Customer Default, if a Customer Default Occurs, We
may exercise any of the following remedies:
(1) terfMrldte thi, Agreement and d(MIJIld You pay tire
D+' ault Payment, (2) k',.,jve the Sy-itern in fila (e on Your
Property, but deny You use of the Eric'!rp
,,y it produces,
whirh may be redirpctc,;iJ And �,old tilt Our c, -lection;
( 31, (4, sc (.,,) n n e c t a r take ba, c k t h e S ys 1: e ry) ws p e r rn i t t (i (,I fly
jppicable law(4) eingage, a collection agericy to
collect payments from You; (l) report Your default to
credit reporting agencies; (6) suspend Our
performance Under the Agreement, and/or
(7) exercise, any ot[iorrennedyavailable to Us in this
Ap/ec�moeAtor- under appNCabIelaw. SeUo/snrmedws
set foM|bm1his are (unnu|aMvea*d not
oxc|us/we. (ii0IeilerDefault, A "Seller Default �haV',,
mean Our failure to perform any of Our material
obligations under this Agreement and the effect of
such failure is not cured within thirty (30) days after
You give Us written notice of such failure.
8v/ Remedies for Seller Default. If a Seiler Default
occurs and is continuing, You may: (I) terminate this
Agreement and request rermovaUofthe Systennfrom
Your Property; and/or (2) except as Provided below,
exercise any other remedy avaitebKe to You in this
Agreement orunder applicable laww, Nmtvwithstand,mg
the foregoing, You will have noright toclaim damages
as a result of the termination of this Ag
reenmemt'
except for (l) the actual costs toremove the System, if
We fail to remove the System from Your Property
pursuant to and (2)any damages toYour
Property resulting from the removal of the System by
Us or Our contractor, (v)[ Default Payments, if this
Agreement is terminated for any reason' other than
pursuant to the Notice of Cancellation, or
a Seller Default, You vviI| pay to Us the Default
Payment. The "Default Pashall be an amount
equal tothe sum of� (l)the Prepayment Price, (2)any
other amounts due and owing under this Agreement,
including (without limitation) late fees. (3) Our fees
and costs associated with rennoval,mfthe System from
Your Property, (4) loss ofexpected benefits from the
System, including (without limitation) benefits and
sources of revenue associated with the System
Interests, and (5) Our other documented losses. You
agree that the Default Payment fairly reflects the value -
of the System, and, in the case of a Customer Defem/t^
|safair representation of the damages and losses that
VVeexpect to incur. After You pay toUsthe Default
Payment, We will transfer ownership of the System to
You onan"As Is, Where Is" basis; provided 'that xVewill
retain all right and title tothe System Interests,
(c) () Ternn/nutmn by Seiler We
may, in Our s$led|�creiion, tf,,�|nminates thisAg/eernent
(1) if p/oa/ to The |n -Service Date' upon deAvory of
written not|c� to You� or (2) upon the occurrence. or ,,i
Cumtnrmer Defau|\ Within ovnety (90) day$ e{t('�/
terrn/nation ofthis Agreement, other than under the
c,rcmrnstances in which the System is transferred to
You under 3ki�(D}(b�.u/bkUv) we
will remove the System and restore all rooftop
penotratiCm, tm be fret, hun\ leaks, if VVe elect ;o
ternmwate this Agreernent. Wo will have nd further
�unbviH*toYou, 007ernnnotiPohyCustoroer You may
terminate thm Agreement (1)pumuant1mthe termnsoi
the Notice ofCancellation, o'(2)upon aSeller Default,
(d) Eo ce MaLeure. If You or We are unable to
perform any of the obligations under this Agreement
because oyoForceMajeure Event, such affected Party
will, beexcused from whatever performance |saffected
by the Force Majeure Event; provided that the
suspension ofsuch obligations is ofnogreater scope
and nfnolonger duration than isrequired bythe Force
Majeure Event. "Form MajeUre dvent"shall mean any
event, condition, m/circumstance beyond the controi
of the affected Party which, by the exercise of due
foresight such Party could not reasonably have been
expected to avoid, and which by the exercise of due
diligence such Party without fault attributable to it is
unable to overcome, including, but not limited to,
action by governmental authority, the failure toact
mnthe part ofany governmental authority orthe Utility
(provided that such action has been timely requested
and diligently pursued), failure to obtain ormaintain a
permit, license, consent, or approval (provided that
such Party has made t|rndy and reasonable
ccmarnerc/al efforts to obtain and maintain the same),
labor dispute, strike' vwurk'stoppa8e, slow -down, lock-
out, flood' earthquake, volcano, fire, lightning, w/|nd,
epidemic, war, terrorism, riot' economic sanction or
embargo, civil disturbance, act ofgod, unavailability mf
electricity from the Utility, equipment, supplies of
products' power orvoltage surge caused by someone
other than the affected Party' mrfailure ofequipment
not utilized by or under the control of the affected
Party, !nnoevent shall aForce Majeure Event excuse
You from any mfYour payment obligations under this
Agreement.
(e) . PLEASE READ THIS
PROMON CAREFULLY, BY SIGNING BELOW, YOU
ACKNOWLEDGE AND AGREE THAT, WITH LIMITED
EXCEPTIONS, ANY DISPUTE BETWEEN US SHALL BE
RESOLVED BY BINDING ARBITRATION. ArbtLraL|on /s
nnore/nfornnal than �i |avvSuit /n COyrt, In arbitration,
d/spw<es are resolved by an appointed arbitrator
/nsteadofajAgoor }un/ [hereb>re, by siQningbe/ouv.
YOU ARE VWAMNG THE H|GHT TO |R{AL BY JURY. By
signing below, YOU also agree to bring claims against
Us only /n Your /udwidua( capacity and YOU ARE
WAIVING THE RIGHT 7(l/N|T|M[ORPARTICIPATE IN
CLASS ACTION OR SIMILAR PROCIEDING, Ptc-icedures
Initiatirig Arbitrotion or Sod Most cl,istorrier
(on(,(1?rr1S call be resolved qW(kly and by
calling Our customer service department at
877,404,4129 and We encourage You to contact Us
about any concern. Prior to commencing arbitration
or an action in small claims, court, a Party must first
send a written "Notice of Dispute" via certified mail to
the other Party, The Notice of Dispute roust be sent to
VIVINT SOLAR DEVELOPER, LLC, 3301 N Thanksgmng
Way, Suite 500, Lehi, UT 84043, Attn: Legal
Department. We will send the Notice of Dispute to
Your billing address. The Notice of Dtspute must
describe the nature and basis for the Dispute and the
relief sought. If You and We are unable to resolve the
Dispute within thirty (30) days thereafter, then either
Party may commence arbitration or an action in small
claims court as set forth below.
Scope of this Arbitration Provision: Either You or We
may, without the other's consent, elect mandatory,
binding arbitration for any claim, dispute, or
controversy arising out of or relating to (t) any aspect
of the relationship between You and Us, whether
based in contract, tort, statute, or any other legal
theory; (ii) this Agreement or any other agreement
concerning the subject matter hereof (iii) any breach,
default, or termination of this Agreement; and (ivy the
interpretation, validity, or enforceability of this
Agreement, including the determination of the scope
or applicability of this Section 61jes
(each, a "&We7),
Any questions about whether any Dispute is subject to
arbitration shall be resolved by interpreting this
arbitration provision in the broadest way the law will
allow it to be enforced.
Nothing in this arbitration provision shall preclude You
or Us from seeking provisional remedies in aid of
arbitration from a court of competent jurisdiction
This arbitration agreement apples to any and all
Disputes now in existence, including any Dispute
arising before You executed this Agreement, or that
rndy arise, in they (nture, and it stirvives the terulinatgoll
of this Agleernent and the Parties' r(,,datior,.-,,hfp,
including Your payrnent in full, and Your filing of
bankruptr.,.V, All Disputes will be on an iridivi(Jual (riceri
Class, non 'reprosiniiitive) basis Lind the arbitrator ri'tay
award relif-A only on an individual (rion class, r5on,
representative) basis. This means that 4 You or We
elect to arbitrate a Dispute, You will not be able to
participate in or receive any remedy frou"i a ciass,
ac,Jron, private attornoy general action, or" other
rf*presentative or collective action as r!ither a r:.Jass
represeritative or as a niernber of the clas,,. T h e
arbitratc)r shall riot have any authority to (i) ent(,--,.rtarn
a claim, or to award any relief, on behalf of or against
anyone other than a named party to the arbitration, or
(it) join any other party to the arbitration. This
arbitration agreement is made pursuant to a
transaction involving interstate commerce, and shall
be governed by the Federal Arbitration Act
("FAA-) (9 U.S-C. §§ 1-16). Any claim against a state
home improvement guarantee fund by You shall be
stayed until the completion of any mandatory
arbitration proceeding. If any Dispute is advanced in a
court, arbitration may be elected under this provision
instead, and the right to arbitration shall not be
deemed to have been waived if the election is made at
any time before commencement of trial.
Right to Pursue Claims in Small Cloims Court:
Alternatively, You or We may pursue a Dispute in small
ciairns court, provided that the action remains in that
court, is made on behalf of or against You only and is
not made part of a class action, private attorney
general action, or other representative or collective
action.
Arbitration Procedures: The arbitration shall be
administered by JAMS pursuant to its Streamlined
Arbitration Rules and Procedures and in accordance
with JAMS Policy on Consumer Arbitrations Pursuant
to Pre -Dispute Clauses Minimum Standards of
Procedural Fairness (ovadobie at:
hztp://www.jamsadr.com, the "JAMS Rule') and
under the rules set forth in this Agreement. The
arbitration proceedings and submissions shall be
confidential and the arbitrator and will take reasonable
steps to protect customer account information and
other confidential information.
Ctotrris for less than 510,000: If the relief sought by
either Party is for less than � 10,000, the following shall
apply You may choose whether the arbitration will be
c ( )tidr,,ict(,!d stalely" on the bd,,,is of
,K,,i the arbitrator, through a telephonic hearing, or by
an tni person hoaring near Your Property consM(,,�nt
wtllh the JAMS Rule , After Wo receivi, nobc(,,,that You
have (.,orrimericed ar bit r,',i tic)n, Wra will prorriptly
reirnburse You for Your payrnent of any filaig, fees. If
the arbitrator ISSUfa-S YOU an award that fs greater than
the value of Our last written settlement offer made
before an artiVator avis selected (or if We did not
wake i s0flernerit ritfor beh,are, an at bit,, f)Tor
se!or,le,d), then We will pray You the (11w
arriourt of the award or $10,(X,)0, Plus
attorney-,,' fees incurred by You ai-id awarded by the
arbitrator.
Claims for $10,000 or more: If the relief sought by
either Party is for $10,000 or more, all fees anti r-)sts
(including filing fees, administration and arbitrator
fees, a'l attorneys' fees, travel expenses, and other
costs of the arbitration) shall be borne by You and Us
in accordance with the JAMS Rules, JAMS Policy on
Consumer Arbitrations Pursuant to Pre-Dspute
Clauses Minimum Standards of Procedural Fairness,
and applicable law. The arbitration shall be conducted
at a mutually agreeable 'location near Your Property -
Arbitration Award: Regardless of the manner in which
the arbitration is conducted, the arbitrator shall issue
a reasoned, written decision sufficient to explain the
essential findings and conclusions on which the award
is based and judgment on an arbitration award may be
entered in any court of competent jurisdiction. No
matter the circumstances, the arbitrator shall not
award damages or any other award to either Party that
is inconsistent with the limitations set forth in this
arbitration provision or ' Section 7(a). Except as
expressly set forth herein, the payment of all costs,
filing fees, and administration and arbitrator fees will
be governed by the JAMS Rules. Under no
circumstances will We seek from You payment or
reimbursement of any fees that We incur in
connection with arbitration,
NOTICE: BY CHECKING THE BOX BELOW, YOU ARE
AGREEING TO HAVE ANY DISPUTE ARISING OUT OF
THE MATTERS INCLUDED IN THE "ARBITRATION OF
DISPUTES" PROVISION DECIDED BY BINDING NEUTRAL
ARBITRATION AS PROVIDED BY THE FAA AND OTHER
APPLICABLE LAW AND YOU ARE GIVING UP ANY
RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE
LITIGATED IN A COURT OR JURY TRIAL. BY CHECKtNG
THE BOX BELOW, YOU ARE GIVING UP YOUR JUDICIAL
RIGHTS TO DISCOVERY ANE) APPEAL, UNLESS THOSE
RIGHTS A11[, SPICKICALLY INCLUEAD IN THE
"ARBITRATION OF DISPUTES" PROVISION IF YOU
REFUSE TO SUBMIT TO ARBORATION AFTER
AGREEING TO THIS PROVISION, YOU MAY BE
COMPELLED TO ARBITRATE UNDER THE FAA AND
OTHER APPLICABLE LAW. YOUR AGREEMENT TO T141S
ARBITRATION PROVISION IS VOLUNTARY. YOU HAVE
READ AND UNDERSTAND THE FOREGOING AND AGREE,
TO `,UeV41&-41 1 f ;t; I' ' I 10,Y� 1 - 1
!1 S A 0 r -!iH
Ci_' J "A K "AlOfl '(C'A I ij�;'! J i f',W' I , I
PROVISRDN r 0, NE.i,, NE.A L AR 8 t I RAI I I,) N
(f) jqg_ This Agreemont, wed ."i i
in-;Irurnent or agreement required hereunder, shall be
governed b,aricl construed un&r,. tho internal laws of
the state whec- the Property is locatetl,.
7. Miscellaneous.
(a) nofLiability. You understand'a-i,:i--,
(0, We are not an insurer of Your Property, personai.
property., or personal safety of persons in or on Your
Property; (i;) You are solely responstbl,-- for providing
any insurance with respect to Your Proper-,,,, and its
contents; (iii) the arrount You pay to Us is based only
or; the value of the Energy produced by the System and
not on the value Of Your Property or its contents;
(iv) the Systema may not always operate properly for
various reasons; (v) it is difficult to determine in
advance the value of the components of the System
that might be lost or destroyed if the System fails to
operate properly; and (vi) it is difficult to determine in
advance what portion, if any, of any property loss,
personal injury, or death would be proximately caused
by Our failure to perform, Our negligence, or a failure
of the System, or the System installation,
NOTWITHSTANDING ANY BREACH OF THIS
AGREEMENT, ANY FAILURE OF THE SYSTEM, OR ANY
NEGLIGENT ACT THAT CAUSED ANY INJURY OR LOSS
(WHETHER PROPERTY DAMAGE, PERSONAL INJURY,
OR DEATH) TO ANYONE, TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, WE AND YOU AGREE
THAT, UNLESS SUCH INJURY OR LOSS WAS CAUSED BY
A PARTY'S GROSS NEGLIGENCE, FRAUD, VIOLATIONS
Olf LAW, OR WILLFUL INJURY, SUCH PARTY'S LIABILITY
ARISING OUT OF OR, RELATING TO (1) SYSTEM REPAIRS
OR REPLACEMENT UNDER THIS AGREEMENT SHALL IN
NO EVENT EXCEED THE DEFAULT PAYMENT, AND
(2) DAMAGE TO PERSONS AND PROPERTY SHALL IN NO
EVENT EXCEED 52,000,00(,1. YOU AND WE AGREE THAT
THIS AMOUNT IS A FAIR REPRESENTATION OF THE
DAMAGES THAT` YOU OR WE EXPECT 10 INCUR IN TI, IF
CASE OF ANY INJURY OR LOSS FILRE UNDER. TO THE
FULLEST EXTENT PERMIT LED BY APPLICABLE LAW, NO
CLAIMI SHALL BE MADE BY YOU AGAINST US OR ANY
OF OUR AF-FtLlArLS, DIRECT -ORS, 1NIPLOYE[S,AG[ -,NTS,
OR CONTRACTORS FOR ANY SPECIAL., EXEMPLARY,
tNDFRLCT, INCIDENTAL, CONSEQUENTIAL, OR
PUNITIVE DAMAGES (WHETHER OR NOT FHL CLAIM
IHCELORE IS BASED ON CONFRACr, TORI, DUTY
IMPOSED BY LAW, OR OTHERWISE), IN CONN [--C-1 tON
W1111, ARISING OU'l OF, OR IN ANY WAY RELAIED TO
I -HE TRANSACTIONS CONIEMP[AT'LD BY
A6REEMEN1 OR ANY AC'J OR OMISSION OR (VENT'
OCCURRING IN CONNECTION THEREWITH. YOU
HEREBY WAIVE, RELEASE, AND AGREE NOT TO SUE
UPON ANY SUCH CLAIM FOR ANY SUCH DAMAGES,
WHETHER OR NOT ACCRUED AND WHETHER OR NOT
KNOWN OR SUSPECTED 'TO EXIST IN YOUR FAVOR.
YOU FURTHER AGREE THAT, TO T1,4E FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, NO CLAIM, LAWSUIT,
OR ANY OTHER LEGAL Oil ARBITRATION PROCEEDING
IN CONNECTION WITH, ARISING OUT OF, OR IN ANY
WAY RELATED TO THIS AGREEMENT MAY BL
BROUGHT, COMMENCED OR FILED MORE THAN ONE
(1) YEAR AFTER THE INCIDENT GIVING RISE TO SUCH
CLAIM, YOU ACKNOWLEDGE THAT WE ARE RELYING
ON THIS SECTION 7(a) ASA CONDITION AND MATERIAL
INDUCEMENT TO ENTER INTO THIS AGREEMENT.
(b) Indemn i fication. To the fullest extent
permitted by applicable law, You hereby agree to
indemnify, advance expenses, and hold harmless Us
and Our affiliates, directors, employees, agents,
contractors, and Our successors and assigns (each, a
"Covered Persoff) from any and all third party claims,
actions, costs, expenses (including reasonable
attorneys' fees and expenses), damages, liabilities,
penalties, losses, obligations, injuries, demands, and
liens of any kind or nature in connection with, arising
out of, or in any way related to (I) Your breach of this
Agreement, or (it) Your negligence or wniful
misconduct; provided, however, Your indemnification
obligations under this Sectlt,cia]f shall not apply if the
harm or damage that is the basis for such third party
claim occurred while one of Our employees or agents
was at Your Property and such harm or damage was
caused by the gross negligence, violation of law, or
willful misconduct of such employee or agent
(c) Amendments -end —Waivers. This
Agreement (including all exhibits and notices attached
hereto) n -my only be amended or inodified by an
instrument in writing
signed by both You and Us
(d) fhis Agreorni:,.mt, the,
Cost(?rrier Packet, and any r>Irer ar
'I greetnents (,-it
do: utnenvi ii ici.-)rporated herewith, constitute the
entire agreement between You and Us and superse�de
all prior oral and written negotiations,
communications, discussions and correspondence
pertaining to the subject matter hereof.
C!rr__Irap,fpr, We may r-ogn, -�eh, or
transfer (in whole or, in part) this the
Sy,,,trm',, or the Sykatem Intere,..'its without Your cowcmt
and without notice, If such assignee agrees it) writing
to assume all of Our rights and obligations under this
Agreement, We will have no further liability or
obligation under this Agreement upon the
effectiveness of such assignment.
(f) Rrrr Effect. This Agreement shall be
binding upon and inure to the benefit of You and Us
and Our and Your respective legal representatives,
successors, and permitted assigns. Except as
otherwise expressly provided in this Agreement, or by
operation of law, neither this Agreement nor any of
the rights, interests, or obligations hereunder may be
assigned by You without Our prior written consent.
Any assignment by You without Our prior written
consent shall be void.
(g)Notice. All notices, requests, demands, and
other communications required or permitted to be
given under this Agreement shall be in writing
delivered to the applicable Party at the address set
`oath in this Agreement or to such other address as any
Party may designate from time to time by written
notice to the other Party.
(h ), Survival. After termination or expiration of
this Agreement, any provisions which by their nature
are intended to survive such termination or
cancellation shall survive, including (without
hrrittation) Sections 2M, 3, 4Jdb W, U, 5, 6, and Z, and
Exhibits A and B attached hereto, and the Customer
Packet,
H Seve_r*,(qy. If any provision of this
Agreement is held to be invalid, prohibited, or
otherwise unenforceable by an arbitrator or court of
competent jurisdiction, this Agreement shall be
considered divisible and such provision shall be
deerned inoperative to the extent it is deemed invalid,
prohibited, or unenforceable, and in all other respects
this Agreement shall remain in full force and effect;
provided, howc�ver, that i( any such provision may be
rnade enfor(eable by hrriit,.jtiori thereof, then such
provision sh,'ill be deerned to be so limited and shall be
to the rnaxitnurn ext(nit perrnittrd by
,ipplic,
ible law
G) ITirs Agreernent inay be
executed in one or rnore counterparts, and all siich
counterparts shall be deemed to constitute one
ins�nunnem�A fucxnn}\e or docurn,nr fu'rrM
)shaAccmd|\utt,'�anongna>kxp/,rpu'-,�eshervu/
(k> You hmreby U�tm Use
You, and Your Property's voice, pho|mRvapk video,
and &keness /n print media, radio, television, e-rnaxi'
social media, web materials, and any audio o/ video
recording, provided that We agree that We will not
disclose any ofYour personally idennfvxnginformation
(except as provided in ). You waive- and
forever release Usfor any Dispute relating toorarising
out o/1his .
(1)
Hand1mg. (i) Collection of Consurrilotion Mmitonng
Doto� In connect�on with Our installation of the
System, We may install, operate, and maintain an
energy consumption monitoring device on Your
Property. Through such device, We will collect and
store information about energy usage atYour Property
(the "Consumptlm DatY'), and We may use and
disclose such Consumption Data to Our assignees,
affiliates, actual or prospective lenders' financing
parties, investors, insurers, and acquirers We may
combine the Consumption Data with other data,
including (without limitation): personally identifiable
information, Your credit report, Meter -Data, orother
data (collectively, ^Data�) (ii) Handling o/Dotu. We
May use Data for the following purposes (in each case
to the extent permitted by law): (1) to operate'
maintain, provide, and enhance the System; (2) for Our
internal purposes. including (without hrmitabon),
research and deve|opnnent, improvement of Our
product and service offerings, and creation of new
product and service offerings; and (3) to customize
content and communications VVe may promdetoYmw-
(iii) i)/sck/sure u/Qmto. We will not &oc|use any Data
from You orYour Property without Your consent, other
than /n the following circumstances. (1) where the
Data does not contain personaHy identifiable
information (including where Data has been de -
identified); /2\ in order to provide Our products or
services to You (including vvorkin� with thirJ'party
sc,'�m/|Cc� providers who may ho�t^ rmamtaim' or
otherwise process Data for, Us), (3) if required to do »n
by any law or reg
uVadonor it) the good '{a+thbekmf that
such action is nc,,nessan/ to oomrpVy with any law or
regulation, in reupons(,,� to a court order, /udtcso| or
other government subpoena or warrant, or to
otherwise cooperate with Uav, enforcement or other
governmental agencies; <4>ifyVebelieve, ingood faith,
J, ippr*ohat o- or
6o'n iratv"Juieoi, albutm�' or unlawful acLv`/y'
�11")/nvw,.tigateOrdefend ugamstany dhxd'pa/b/c�ims
oraXegatmns, /D> protect the security or integrity of
Our services ar,,d any tacdUMesorequ/ument used to
make Our service available, or(E)praLeci(}urproperty
or other legal rights (mcluding, but not hrn/�cd ?o'
enkx�ernent of Our ag/eements), or the nRhk
property' or safety of others; (5) to Our ssognees,
effWkates, actual' or prospect/we |enders' financing
parties, investors' insurers, and acqu/reor or /6\ for
any purpose Lowhich You have provided Your express
consent. (iv) Access to Data. So |omA as no Customer
Default has occurred or is continuing under this
Agreement, VVewill make certain Consumption Data
available to You via the V|vimt Solar Account Center'
owz/8obAcmt: https://accounLvivmtso|arznrn. (v)Doto
Security, We use certain physical, managerial, and
technical safeguards that are designed toimprove the
integrity and security of Data in Our possession and
control. We cannot, however, ensure orwarrant the
security of all Data urguarantee that Data may not be
accessed, disclosed, altered, ordestroyed bybreach of
any of Our physical, technical, or managerial
safeguards.
(rn) Electronic Records. As part of Your
relationship with Us, You are entitled bylaw Lwreceive
certain information ~in vwribng"The federal E S|GN
Act and certain state laws a||mvv Us to provide this
inhzrmmation to You electronically, instead, with Your
prior consentBecause it is more efficient to
communicate electronically, all /nfornna\ion,
documents, and agreements between You and Uswill
be in ehectronic form. There is a five dollar ($S)
processing fee for all notices and other documents VVe
mail to You in paper (except fmrYour first copy m[this
Consent or the Customer Agreernen1), You can avoid
�ho fee by agreeing he|ovv to receive docunnenLs
e&ectron/ca!|y. k> Consent to Use E6rc(/on/c Records
and Siqnotuncs You consent and agree to receive
eler-tron/ca/|Y all com0rnuniCation�, aK[eenneoti'
docurnents' notices' records, disclosures, and other
mforwnat/un(coNertme|y'"FlectVor&c/Qecon*')that VVo
provide in cc)nnc�chon with the Sen/ices. E|ect,umc
Recov& include (w/,thout limitation): a Pow/e/
PL/chaseAg/eennent^ So|arSYstenn Lease Agreement,
Cash Purchase Agreement, Lease 0�sc|cuures, Notice
mfCancellation, Customer Packet, and Work Orders (as
app|ucaWo) We will provide these Ekn{tnomc Records
(uYou byermaiNng thenntoYou atthe most rece-nte~
nlan| addreg$ that We have nU f|ie for You and by
making these available to You via yu/,nt Solar Account
Center. VVereserve the right (in Our uo&ediscretion) ts
cormrnuoicatewith You via U.5.mail, You further agree
and consent that We may use and obtain from You
electronic signatures (such as Your act of clicking,
checking, signing using a digital pen' or otherwise
manifesting Your assent) :n the processing of
Electronic Records. 0UOption toReceive Paper Copies,
If We provide You with Electronic Records' and You
want acopy inpaper, You may contact Our customer
service department at 877,4044129 during Our
normal business hours and request apaper version. All
requests for paper cop/es of Electronic Records must
be made within ninety (90) days of the date We
provided the Electronic Record toYou. VVewill send
Your paper copy toYou via U.S. mail. We will provide
these Electronic Records toYou bymailing them toYou
at the most recent mailing address that We have on
file for You. Unless prohibited by law, We reserve the
right tocharge You aprocessing fee offive dollars ($S)
per requested paper copy. {ii^) Your Right to Withdraw
Consent. You have the right towithdraw Your consent
atanytime. |fYou wish towithdraw Your consent, You
must contact Our customer sen/ice department at
877.404,4129. |fYou elect tureceive required notices
and disclosures only in paper format, it will slow, the
speed at which We can complete certain steps in
transactions with You and delivering the Services to
You !fYou withdraw Your consent and elect toreceive
required notices and disclosures bypaper, then Our
monthly processing fee of five dollars (55) per
requested paper copy shall apply. //v/ Keep Your
hpfnonotxrn Current with Lb, In order to ensure that
VVeare able toprovide You with the Electronic Records
and other information from time to time, You must
notify Us of any change in Your e-mail addressYou
may change the e-mail address on record for You by
contactinp, Our customer serVvce department at
877.4V44l29durin8Out normal business hogrs You
umders|aud and agree that /f We send to You am
Electronic Record' kutYoudo not receive it because
the most recent email address that Vve have on fife
for You /s incorrect, out of clate, bAo(-k(,,,d by You,
ae|v/ce provider' filtered by You/ sen/ice provider as
" spam" or"junk nnaii''.orYou are otherwise unabfeto
receive the E|ectron:c Record, VVewill bedeemed to
haveprovided the Electronic Record \oYn'/.um|ess*/e
wscemeaoua| nUhcmthat You did not \h(,- e'
onaA 8J f1aydwva/e rind So/twnrP Re4unt,�/nen�L |o
order to access and retain Electronic Records, You
must have: (1) a computer with an Internet
connection; (J) a compatible web browser with
cookies enabled; (3)Adobe Acrobat Reader version Q,U
and above to open documents in ^pdy, format; and
(MI auand and accessible e-mail account. |fachanKe
in hardware orsoftware is needed morder for You to
access or retain Electronic Records, and that change
would create amaterial risk that You would not beable
to access or retain Your Electronic Records' We will
give You notice of the revised hardware or software
requirements. Continuing to use the Services after
receiving notice isreaffirmation ofYour consent.
(m) Authorization to Receive Text Mess4ges, In
addition, from time to time, We may wish to
communicate with You via 5K4S text message. By
checking the box below, You consent to receive
autodta(ed 5&i5 text messages from Os' Our affiliates,
Our contractors, or on Our behalf in connection with
the Services at the most recent mobile telephone
number that VVe have on file for You. You also agree
and understand that in addition to purely
informational texts, these 5&4Stext messages also may
include promotional material related tnOur Services,
that they may besent using an automatic telephone
dialing system, and that You are not required toagree
to receive SMS text messages as a condition of Your
purchase. Standard text message charges may apply
from Your wireless provider.
(o) Credit Authorization. In connection with
the execution of this Agreement and at any time
during the Term, You hereby authorize Usto(i)obtain
Your credit rat/mg and report from credit reporting
agencies to confirm whether You are able to make
payments as required under this Agreement; (ii) to
report Your payment performance iocredit reportinp
agemmes; and (iii) disclose this and other information
to (Jur assignees' affiliates, actual or prospective
femcfer,�, financing pan/ea' |nVenior�' insurers, and
ac
(P) THIS
°PRESCREENEDO OFFER OF CREDIT IS BASED ON
INFORMATION IN YOUR CREDIT REPORT INDICATING
THAT YOU MEET CERTAIN CRITERIA. THIS OFFER |SNOT
GUARANTEED |FYOU OO NOT MEET OUR CR[TERIX IF
YOU [ONOT WANT TORECEIVE PRESCREENED OFFERS
RAO SIT& -lout Him
BOX 740123 ATLANTA, GA 30374-0123.
ISIGNATURE PAGE FOLLOWS]
Federal Employer ID No.: 8-0,07564 38, License and Registration Nos.: AZ. ROC 23862 71 CA: ('46100 971,7561-
M- [C-03,00200, ('T: HIC 0634382, ELCO1,89635 El, DC, 20151018",,i2, 11-0006038; (1-: LC13006740�
HI'l CH CT 33444, 1A: HIC-'3°',)/139, MA: HIC 17(,) 848, EC 13141A, NID: HIC 130385, tvt[,11845, NI(: EC,038SC;
NJ: HIC R(,?,g 13V1I(,)Wi89300, 1,C-34EB01108500; NM U-98 385223; NV EC0080170; NY: We,j)jj CO3 I_j2jj(jqIjJ00,
Poughkc�eel ;w ME -55; Putnam Co. PC6914, MI -1-11252, Rcx.Mand Co, H -I 1972 4C ,00,00, E,559, Suffolk (_'o. 51228
H, 49592 ML; Westchester Co. 26664 H14, OR: CCB 1965S8, LC -01.131, BCD-CLR2,9, PA: HIC-089970,
Pittsburgh LL09849., Philadelphia LC -284S4; RL MC -3891S, SC: ELS113S22, ORS SL -0002; IX: EC 311331,
UT': S200/S202-8694003-S501; Washington DC: HIC' 42021500,010S, ECC -90327/,- Wyominp,: C-44,110,
A. FI�T ()I liO( tRv1[ N 1', ICS ISL I N'(1 -OR I I0 RAT l I) 1N I()
II -{I. CON
a. Resident al Solar ('owes Purchase Agreernent,
b. Exhobit A Notice of Cancellation,
c. Lxhrbit B - State Notices and Disclosures,
d. Exhibit C - Certificates of Insurance, and
e. Customer Packet,
I hese documents are expressly incorporated into this
Agreement and apply to the relationship between Your
and Us.
B. WE HAVE NOT GUARANTEED, PROMISED OR
OTHERWISE REPRESENTED ANY REDUCTION IN
ELECTRICITY COSTS IN RELATION TO THE SYSTEM THAT
WILL BE INSTALLED ON YOUR PROPERTY.
C. IT IS NOT LEGAL FOR US TO LNTLR YOUR PRUOISLS
UNLAWFULLY OR COMMIT" ANY BREACH OF THE
PLACE TO REMOVE GOODS INSTALLED UNDER THIS
AGREEMENT.
D. DO NOT SIGN THIS AGREEMENT BEFORE YOU
HAVE READ ALL OF ITS PAGES. You acknowledge that
You have read and received a legible copy o' this
Agreement, that We have signed the Agreement, and
that You have read and received a fegEb e copy of every
document that We have signed during the
negotiation.
E. YOU RISK THE LOSS Of= ANY PAYMENTS MADE TO
A SALES REPRESENTATIVE.
F. DO NOT SIGN TFlIS AGREEMENT IF THIS
AGREEMENT CONTAINS ANY BLANK SPACES. You are
entitled to a completely filled in copy of this
VIVINT SOLAR DEVELOPER, LLC
iloorod iVoulf, Todd Hildebrand
t;"espwr oil Njj "'_ 111846
sIgned by both You and Us, before any
work may be started.
G. CUSTOM ER'S RIGHT TO CANCEL. YOUMAYCANCEL
PERSONALLY
. • _. • A AND DATED
WRITTEN NOTICE
OF A - A • •
SOLAR: VIVINT
DEVELOPER,
SUITE A' .. 84043, A PROCESSING
DEPARTMENT. IF YOU CANCEL THIS CONTRACT
WITHIN SUCH PERIOD, YOU ARE ENTITLED TO A FULL
REFUND O•MONEY.• A•
WrTHIN 30 DAYS OF RECEIPT • . THE
CANCELLATION NOTICE.ATTACHED NOTICE
OF CANCELLATION FOR EXPLANATION OF
RIGHT.ii NOT
SIGN BELOW UNLESS WE HAVE GIVEN
YOU "NOTICE OF • ARE
PROHIBITED FROM HAVING AN INDEPENDENT
COURIER SERVICE OR OTHER THIRD PARTY PICK UP
OF THE CANCELLATION PERIOD.
H. You have the right to reciLore Us to have a
performance and payment bond
CUSTOMER(S):
4.111
June Corey
`..':y ."Ur')Y e`.
P, -0eYd Nf f('t,
Tronsactioo Date: 01 /30/2016
. .(Customer Copy)
Service N.: 4755977
r
IF YOU DO MAKE THE GOODSAVAILABLE TO THE SELLER AND THE SELLER DOES N• r
►WITHIN OF OF •, OF • YOU,
RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBUGATION. IF YOU FAIL TO MAKE
THE GOODS AVAILA13LE TO THE SELI ER, OR IF YOU AGREE TO RETURN THE GOODS TO THE SELLER
AND FAIL
DO SO, THEN YOU REMAIN UABLE
R PERFORMANCE OF ALL OBLIGATIONS UNDER
THE CONTRACT. « 1 i
Date:
Custorn r` Signature:
Transaction Date: 01 /30/2016 •
* • r t • , .. • • •..• t • t d. M
IF YOU DO MAKE THE GOODS AVAILABLE TO THE SELLER AND THE SELLER DOES NOT PICK THEM
UP WITHIN TWENTY (20) DAYS OF OF YOUR NOTICE OF
GOODSRETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. IF YOU FAIL TO MAKE
THE d dBOR •' RE TO RETURN THE GOODSO THE SELLER
AND FAIL TO DO SO, THEN YOU REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER
THE CONTRACT.
. d ., d .. a • :_. , * • , ; • .... • r ,:.. � i •y Vii. d .. s k. � .. • A;
Date:
Customer's Signature:
A. OBTAINING PERMITS, Woaka alt obtajrj all P(�
I
'f mc� for, this installetion and operation of d"ie Syste
Homeowners who secure their iowrr permits shall be excluded from the state guaranty funds.
B. OUR LICENSES. HOME IMPROVLMLN'1 CONTRACTORS ARE REQUIRED TO BE REGISTERED WITH THE
DIRLCIOR OF 1HL MASSACHUSETTS Of -110E W- CONSUMER AFFAIRS AND BUSINESS REGULATION. FOR
INFORMATION ABOUT CONTRACTOR REGISTRATION REQUIREMLWIS, CONTACT '11-il MASSACHUSETTS OFFICE
OF CONSUMER AFFAIRS AND BUSINESS RLGULATOW YEN PARK PLAZA, SUITE 5170, BOSTON, MA 02116,
617.9718700 OR 888.283.37S7.
C. ARBITRATION. Notwithstandmg anything to the contrary in the Agreement, the contractor and homeowner
hereby mutually agree in advance that in the event that the contractor has a dispute concerning this contract,
the contractor may submit such dispute to a private 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.R6 OF THE
MASSACHUSETTS CODE 01 REGULATIONS. YOU MAY CONTACT THE MASSACHUSETTS OFFICE OF CONSUMER
AFFAIRS AND BUSINESS REGULATION AT THL ADDRESS OR TELEP14ONE NUMBER PROVIDED ABOVE WITH
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 RIG[,,IT 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 Tf1E SYSTEM SHALL BE MARKED AND IDENTIFIED AS OUR PROPERTY.
0 BY CHECKING THIS BOX, YOU ACKNOWLEDGE RECEtRT OF THIS EXHIBIT B, AGREE TO ALL TERMS AND
CONDITIONS HERLIN, AND AGREE THIS CHECKBOX CONSTITUTES YOUR ELECTRONIC SIGNATURE.
NOTICE: The electronic signatures of the parties above apply only to the agreement of the parties to
arbitration initiated by Seller You may initiate alternative &spute resolution even if this section is not
agreed to by the parties.
A. GENERAL LIABILITY INSURANCE. Vnxn1 Solar Developer' k,( and Uu� affi|'�iti�s carry curnm�rom| �enerai
|/abihiy insurance wnpem by Marke| |nnuraw'e [ow1pany (A.M Best No 002699 | NAK No: 35378 |
BIN: 363101262>. You may call Markel |nsuranceCompany at 800,431.12 /0 to check Our insurance coverage.
Acopy ofour certificate ofinsurance /savailable below
R. WORKERS' COMPENSATION INSURANCE. Vxomt Solar Developer, LLL and Our affiliates carry workers'
compensation insurance for aU employees written bV2urxch American Insurance Company (NNL K. 16535) and
American Zur/ch insurance Lonnpany(WA|C No,: 40142) You may call Zurich American Insurance Company and
American Zurich Insurance Company at8QU,382.2lSO tocheck Our msurancecoverage. 4copy ofOur certificate
ofinsurance isavailable be{ow.
C. PROPERTY INSURANCE. Vivint Solar Developer, LLC and thex affiliates carry property insurance for all Vivint
Solar properties written bvG[ubeand ACL American (Policy No.PIS8R0O701). You may ca|>DmersihedInsurance
Company at80l.32S.S0S6tocheck Our msuramcecoverage. Acopy ofOur certificate ofinsurance oavailable
CERTIFICATE OFLIABILITY INSURANCE
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EVIDENCE OF PROPERTY INSURANCE 4/11201 N
ill"W"I"WW"i"i iW 4�"_" ill ii i 'i"; il"FW iT"'Tw W`�1;li T i'� W; 4i i" " )i P"("44,16-0"
ADIDMONAL, MICAC81' C,etrLUM 11"S UVI"Pr"WIC 00to *11,I)t ArFORMAUVELY 00 4[0Ar1VCLV AMCIND, tXIEND Oft AIJEA PIE
(4,"WIFRA6,11F AfF(MOF0 PY 714C Miff"IFS FOV017w I'M% Fft"W'"Cr (16 IMUMAW'F rews Nov, irrwunun A COOORA("f 14FrWFFj4 J"F
ISSUINO INSUMR41l , AUTHORIZED KEPRLSENTAUVE 4^ PRMER, AWs TINE ADVA WMAL 04TERE311
Cllr' rskflenTl Inw.i.reirice Group OC'ut*e(Mlik� A,CE Amietl.cdr&�,50i%) Vu)uta ShAre
136 E,. Soutli Truple Stract e/cw Wurldwide Fde'LIL,ties, Inc.
Suite 2300 725 suvct, suite i9ce
Salt L,ake City UT 04111 U-jo Angeles CA 90017
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Vivint Solar, Inc.
3301 N Thanksgiving Way, Ste
/1 pol 411,/ 2 ..........
t�p'h'� TIT 84043 r*J NERAM PRI00 FAMWE GATFM
PPOPEMY INFORMATPrA4
LOCAIKOMMAiRM
All Vivint Solar leased/rentedwarehauses/of fL zes/z tor age locatio,115
Rewldo,,ntlal Solar r,wf lof"'ations on fike With ca r'Tx'er
CoveredBusineev Personal Pr-operty z4-nLaisting of solar arkergy systems, tx�ols,
I supplies, rorklirts dural c4mUbltved Mislaess laterruptu.,)n/extra Expense
(,,)F NNsj"QAW"7F Fir-Ir"M HAfuf,PF'rh 10 NAVS0 ;<)P THr-P, am..i(�,rPr_-R<�r ETA
40TW'(TR';TANE)MG Xlle F'EtiILAPEVCN*EF,16? CM, COP41:171004 Or Ahk OR, CTe-ER CCCUMC47 V074 RESPECT TO IZAACHIT'WS
EVU, NCE 0�;' PROPERT �' fOA,* BE MA,,, .IER TA"o)" "FE A411jf�f,'a 8 t VoE FIAA�ES 0ES(.,P38EV 4E REM `5
G`,J,0JECTT0 ALL THE 7ERMS'�"A'JC4-p04_p'V1E':' REDUCIEZ 1i FAMCLAMI,
Policy Limit -rrwcrty FA Busizwtsz intexxuptiari/Exua zxpcnse
$50'eco'coi5
$5,GC9
Ins tallation/Cour se oE Constructicn Cvveraqc;x 0,=-errence
$500,COC
$5,00(
Installatton Coverage -Per Jabsite
$150,CQC
�$5, OC(
Flood (annual aggragate)
$20,C0C,CGC
See Belci
Earth Manvement -Cali for n i a (annual aggreqate)
$2C,C0C,C0G
See belcA
Earth Movement --Chits i de of CA (annual aggregate)
$20,CQC,CCC
See Below
Property in Transit
$100jec
$5,00(
(.' ".rational Solar Panel Systens 4 Related EquiFn*.�.nt
$150,C00
S5,0(j(
Kiac. Unse-hedtiled Locations
$rww' coo
$5, em
Bei ler 4 Machiviery Cwrerage
Inc 1, uded
DedUctIbleS: FArth Movement,
Joeatl(",mq sij%tairking damage,
Expense *12 otar,, 1j&Atict_1_bte.,
Vebrls Re"oval -25% or
rlocxl ard Kafflwjil w1mUtorm 2t of the total Insurable values of ail L
g1lb3ect to 61(jIly, wz�jjpr fw�,onrrence. hkiNiness Intery"iiption/rxtra
Pollutant cleaniv $100 coo
SKOULU ANY (Of ME AW)VE DESGRIBED 1"0100US BE (AMCKILLE) MJURE oft, LAPIKAfR)" VAft IfICKE0f,NUIPLE, W111 M
DELIVERED IN ACCORDANCE MR4 114E P(�MIC V PROVUSK)NIS
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