HomeMy WebLinkAboutBuilding Permit #872-16 - 34 BERKELEY ROAD 2/9/20161 iORTP/
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Li" BUILDING PERMIT 3� b.::,. "6
TOWN OF NORTH ANDOVER
APPLICATION FOR PLAN EXAMINATION-
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Permit NO: Date Received
Date Issued:
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ORTANT: Applicant must complete all items on this a e
LOCATION(1b,
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PROPERTY OWNER
Prird,
MAP NO: PARC4: ZONING DI.M1CT: Historic District yes o
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TYPE OF IMPROVEMENT
PROPOSED USE
Residential
Non- Residential
ew Building
ne family
0 Addition
0 Two or more family
❑ Industrial
0 Alteration
No. of units:
❑ Commercial
❑ Repair, replacement
0 Assessory Bldg
❑ Others:
Demolition
❑ Other
Septic 0 Well
L0EI
0 Floodplain '%7P Wetlands
0 Watershed District
Water/Sewer
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Identification Please Type or Print Clearly)
OWNER: Name: UNPhone:
Address: . L 2 &M164
CONTRACTOR Nagw, Phone:
Address:
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`Supervisor's G c tion License:Exp. Date:
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Home lmprove�ent License: 1 t p,' `i Exp• Date: 1 i
ARCHITECT/ENGINEER Phone:
Address: Reg. No. '
FEE SCHEDULE: BOLDING PERMIT: $12.00 PER $1000.00 OF THE TOTAL ESTIMATED COST BIASED ON $125.00 PER S.FF5
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Total Project Cost: qS L FEE: $
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Check No.: Receipt No.:
NOTE: Persons contracting with unregistered contractors do not have acc o guaranty fund
Locationl�-S
No. U Dateo h A&
Check #3T�—r
2 3'9 9 5
TOWN OF NORTH ANDOVER
Certificate of Occupancy
Building/Frame Permit Fee
Foundation Permit Fee
Other Permit Fee
TOTAL
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WOUDRI J .
Structural Group
Scott E. Wyssling, PE
Senior Manager of Engineering
November 25, 2015
Mr. Dan Rock, Project Manager
Vivint Solar
3301 North Thanksgiving Way, Suite 500
Lehi, UT 84043
3301 North Thanksgiving Way, Suite 500
Lehi, UT 84043
P: (801) 234-7050
scott.wyssling@vivintsolar.com
Re: Structural Engineering Services
Parsons Residence
34 Berkeley Rd, North Andover MA
S-4723274
8.06 kW
Dear Mr. Rock:
Pursuant to your request, we have reviewed the following information regarding solar panel installation on the roof of
the above referenced home:
1. Site Visit/Verification Form prepared by a Vivint Solar representative identifying specific site
information including size and spacing of members for the existing roof structure.
2. Design drawings of the proposed system including 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 of the proposed system.
3. Photovoltaic Rooftop Solar System Permit Submittal identifying design parameters for the solar
system.
4. Photographs of the interior and exterior of the roof system identifying existing structural members
and their conditions.
Based on the above information we have evaluated the structural capacity of the existing roof system to support the
additional loads imposed by the solar panels and have the following comments related to our review and evaluation:
Description of Residence:
The existing residence is typical wood framing construction with the roof system consisting of the following:
Roof Section 1: Roof section is composed of 2x8 dimensional lumber at 16" on center with 1x8
collar ties every 32" and a single layer of roofing. The attic space is unfinished and photos indicate
that there was free access to visually inspect the size and condition of the roof members.
Roof Section 2: Roof section is composed of 2x6 dimensional lumber at 16" on center with 2x4
collar ties every 32" and a single layer of roofing. The attic space is unfinished and photos indicate
that there was free access to visually inspect the size and condition of the roof members.
Approved Structural Up_arade Options
Knee wall or Purlin constructed of either 2 x 4's or 2 x 6's with a top and bottom plate
attached to the rafters and attics joists respectively, shall be placed in the attic within
12" of a load bearing wall below the attic. If a purlin is utilized the maximum permitted
angle shall be 45 degrees.
Full length sister rafter shall be installed from the ridge to the exterior wall same size as
the existing rafter. The sistered rafter shall be nailed with 12 penny nails in a staggered
pattern every 18". One splice in the new rafter may be permitted if metal plates are
installed on both sides of the rafter with 3/8" carriage bolts. Minimum of 2 bolts are
required on both sides of the butt joint.
Based on the span of the existing rafters for roof section 2, a structural upgrade is required to strengthen the roof
system. The method- to be used shall be determined by the Licensed Construction Supervisor (CSL) under my
dodo��o.,;, ..
Page 2 of 2
direction and based on actual field conditions such as access to the attic and location of load bearing walls. All wood
material utilized for the roof system is assumed to be Spruce -Pine -Fir #2 or better with standard construction
components. The existing roofing material consists of composite shingle. Our review of the photos of the exterior
roof does not indicate any signs of settlement or misalignment caused by overstressed underlying members.
Stability Evaluation:
A. Wind Uplift Loading
1. Refer to attached Ecolibrium 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 B and 34
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 calculated for the Interior, Edge and Corner Zones of the
dwelling.
B. Loading Criteria
10 PSF = Dead Load (roofing/framing) 50 PSF = Live Load (ground snow load)
3 PSF = Dead Load (solar panels/mounting hardware)
Total Dead Load = 13 PSF
C. Solar Panel Anchorage
1. The solar panels shall be mounted in accordance with the most recent "Ecolibrium Solar Installation
Manual", which can be found on the Ecolibrium Solar website (ecolibriumsolar.com). If during solar
panel installation, the roof framing members appear unstable or deflect non -uniformly, our office
should be notified before proceeding with the installation.
2. The solar panels are 1 '/2' thick and mounted 4'/z' 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 allowable pullout per lag screw is 205 lbs/inch of penetration as identified in the Nation
Design Standards (NDS) of timber construction specifications for Spruce -Pine -Fir assumed. Based
on our evaluation, the pullout value, utilizing a penetration depth of 2 Y2", is less than the maximum
allowable per connection and therefore is adequate.
4. Roof Sections (1 and 2): Considering the roof slopes, the size, spacing, condition of the roof, the
panel supports shall be placed at and attached no greater than every fourth roof member as panels
are installed perpendicular across members and no greater than the panel length when installed
parallel to the members (portrait). No panel supports spacing shall be greater than four (4) spaces
or 64" o/c, whichever is less.
5. Panel support connections shall be staggered to distribute load to adjacent members.
Based on the above evaluation, with appropriate panel anchors being utilized and the structural upgrades installed,
the roof system will adequately support the additional loading imposed by the solar panels. This evaluation is in
conformance with the 2009 International Residential Code with Massachusetts Amendments, current industry
standards and practice, and the information supplied to us at the time of this report.
Should you have any questions regarding the above or if you require further information do not hesitate to contact
me.
V truly yours,
'` fI
Scott E. Wysslin
MA License No.
OF
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7
NIOMi1G�}{�4 RESIDENTIAL SOLAR POWER PURCHASE AGREEMENT
Customer Nance and Contsct Information: Transaction Dote 02/05/2016
Nome(s) Rachael Parsons seric. No.
installation Location Address 34 BERKELEY RD Approximate start and completion Date
34 BERKELEY RD RMN ANDO%"MA01845 08/03/2016
NOWH ANDOVEAMA01845 Home Phone (978)273-8600
Call Phone 978-273-3549
E -Mail davepamonsOverizon.net
s.119 20VVS
Up -Front Cost Enorgy Prico ($/kWh) Initial Term
Our Promises + Wt. w li dcs.9r• -eta -ta r rcpt r + VVo wi i not place it 'sen on Your Property
monitor and rs,rc t^c Srstc— at ^o
add uoval cost +-o voy + You are free to cancel any t me prior to Our
commencement of-rstar'.ation work at Your
+ We warranty a or C..r worl fo. me Property.
n I a 20 vc a- tc—
+ The Energy Price :nc'udes a $5 monthry
+ Yo.,r Energy Pr cc w rot -crcasc by d scaunt for paying by automatx debt from
more than 2 Q-- per scar Your bank account
+ We w !I f z or psy for _--y oaT 33c We + You 'n 'I not be responsibre for any property
may cajsc to yo..r Propc*ty or t:e org.ngs tax assessed on the System.
Your Commitment
At the End of Your Initial Term
• Pay for the Energy produced by the System. • Maintain a broadband internet connection.
• Kemp Your root in good coruir�on throughout • Continue service with Your Utility for any
the Term. energy used above and beyond the System's
production.
• Respond to Our saes and support teams
when scheduling and comotetrng paperwork.
• You can renew the Agreement for a
subsequent term.
• You can purchase the System or
You can request that We remove the
System at no addajonal cost.
If You Move • We guarantee You can transfer the Agreement • You can relocate the System to Your
to the new owner. regardless of credit rating: new home, or
You can prepay the Agreement • After the sixth anniversary. You can purchase
the System.
WE MAY HAVE PRESCREENED YOUR CREDIT, PRESCREENING OF CREDIT DOES NOT IMPACT YOUR CREDIT SCORE,
YOU CAN CHOOSE TO STOP RECEIVING MPRESCREENED• OFFERS OF CREDIT FROM US AND OTHER COMPANIES BY
CALLING TOLL-FREE 888.567.8688. SEE PRESCREEN & OPT -OUT NOTICE BELOW FOR MORE INFORMATION ABOUT
PRESCREENED OFFERS.
The Notice of Cancellation may be sent to this address support@vivintsolar.com I vivintsolar.com
3301 Thanksgiving Way, Suite 500 Lehi, UT 84043 Phone 877.404.4129 1 Fax 801.765.5758
RESIDENTIAL SOLAR POWER PURCI�ASE AGREEME
This RESIDENTIAL SOLAR POWER PURCHASE
AGREEMENT (together with all documents expressly
incorporated herewith, this "AStv+e1rm7f') is entered
into on the Transaction Date set forth above, by and
between VIVINT SOLAR DEVELOPER, LLC, a Delaware
limited liability company (together with Our successor
and assigns, "Seller", "We, "US', "Ou/') and the
undersigned CUSTOMER(s) (together with Your
successors and permitted assigns, "CtstotrAW, `Yaf,
"Youf; together with Us, the "PW62f, and each, a
"Aww' )
1. Design, Installation, and Activation.
(a) Description of the project and description
of the significant materials to be used and equipment
to be installed. We will design, install, service, and
maintain a solar photovoltaic system on Your home at
the installation location described above (the
"Property'), which will include all solar panels,
inverters, meters, and other components (collectively,
the "System'), as further described in the Customer
Packet that We will provide to You hereafter. Material
portions of the System generally will be installed by
Our employed technicians and electricians. If We use
subcontractors, We will provide You with their names
and license numbers if required by applicable law.
With Your cooperation, We will (i) design, install, and
connect the System in material compliance with all
applicable laws; (ii) complete all required inspections;
and (iii) obtain all required certifications and permits.
In order to design a System that meets Your needs, You
agree (1) that We may obtain Your electrical usage
history from Your electric utility provider (the
"UNAY); (2) to provide Us with copies of bills and
other information from Your Utility; and (3) to enter
Into and execute any interconnection or other
agreements that may be required by Your Utility. We
will design and install the System at no cost to You,
other than the Energy Price. We agree to maintain
Your Property free of trash during installation, and will
clean up any materials or debris after installation.
(b) oroximate Installa;ion Start and
C_ ompletion Date. Subject to the delays of permitting
authorities, weather, and other conditions outside Our
control, installation of the System generally takes one
(1) day and is anticipated to start and be substantially
complete no later than the dates described above.
(c) Activation. After installation, inspection,
and receipt of all necessary approvals relating to the
System, We will request interconnection of and
permission to operate the System with the Utility.
Although We will promptly request interconnection
and permission to operate the System, We cannot
promise or guarantee the date such permission will be
received from the Utility. After We receive the Utility's
permission to operate, We will activate the System and
cause, it to generate Energy, measured in kilowatt
hours ("Erlergjy'). Energy does not include the System
Interests. YOU ARE NOT ALLOWED TO TURN ON THE
SYSTEM UNTIL WE NOTIFY YOU THAT THE UTILITY HAS
GIVEN ITS PERMISSION TO OPERATE. PURSUANT TO
SECTION 7(b). YOU ARE LIABLE FOR ANY COSTS OR
DAMAGE RELATING TO YOUR PREMATURE
ACTIVATION OF THE SYSTEM.
2. Term and Renewal.
(a) Term. This Agreement is effective as of the
Transaction Date and shall continue until the twentieth
(20th) anniversary of the In -Service Date (together
with any renewal term described in Section 2(b)(ii), the
'Temf). The "/n -Service Datd' shall be the first day
after all of the following have been achieved: (i) the
System has been installed and is capable of generating
Energy; (ii) all permits, inspections, and approvals
necessary to operate the System have been obtained;
and (iii) the System has been interconnected with the
Utility and received permission to operate.
(b) End of Term. (i) Your Options. At the end
of the Term, so long as there is no Customer Default
ongoing, You may elect to: (1) continue with this
Agreement for a renewal term of five (S) years at the
Renewal Price (as described in Section 2(b)(ii));
(2) purchase the System (as described in
Section 2(b)(iii)) and this Agreement will automatically
terminate; or (3) have the System removed at no cost
to You (as described in Section 2(b)(jy)) and this
Agreement will automatically terminate. No more
than sixty (60) nor less than thirty (30) days prior to the
end of the Term, We will send to You notice concerning
Your end of term options, including the renewal,
purchase, and cancellation forms. If You do not elect
any of these three options, this Agreement will
automatically renew on a year-to-year basis (as
described in Section 2(b)(v)). (ii) Renewal Option. The
renewal form will set forth the new Energy Price for
the renewal term based on Our assessment of the
then -available market information and Our
determination of the then -current fair market vatue of
the System (the "Renewal Mmf'), If You elect the
renewal option, then We will need to receive Your
completed renewal form not less than thirty (30) days
prior to the end of the Term. If You choose not to
renew, then You may elect (under SWign 2(b)(i)) to
purchase the System or to have the System removed
at no cost to You. (iii) Purchase Option. The purchase
form will set forth the Purchase Option Price. The
"PurdWe Optfon PrIce will be the then -current fair
market value of the System as determined by an
independent appraiser's valuation of similarly sized
photovoltaic systems in Your geographic region. We
will provide the valuation to You in writing and it will
be binding- If You elect the purchase option, then We
will need to receive Your completed purchase option
form, Your payment of the Purchase Option Price,
costs of the appraisal, applicable taxes, and all other
amounts then owing and unpaid hereunder not less
than thirty (30) days prior to the end of the Term.
Upon receipt of the foregoing, We will transfer
ownership of the System to You on an 'As Is, Where Is'
basis. (iv) Removal Option. If You elect the removal
option, then We will need to receive Your completed
removal form and all amounts then owing and unpaid
hereunder not less than thirty (30) days prior to the
end of the Term. After which, We will remove the
System from Your Property within ninety (90) days
after the end of the Term. (v) Automatic Renewal. IF
YOU DO NOT NOTIFY US OF YOUR ELECTION BY
SENDING THE APPLICABLE COMPLETED FORM TO US
EITHER BY E-MAIL OR U.S. MAIL AT OUR ADDRESS
FIRST SET FORTH ABOVE AT LEAST THIRTY (30) DAYS
PRIOR TO THE END OF THE TERM, THEN (UNLESS WE
ELECT TO TERMINATE THIS AGREEMENT) THIS
AGREEMENT WILL AUTOMATICALLY RENEW ON A
YEAR-TO-YEAR BASIS AT TEN PERCENT (10%) LESS
THAN THE THEN -CURRENT AVERAGE RATE CHARGED
BY YOUR UTILITY UNTIL YOU NOTIFY US IN WRITING OF
YOUR ELECTION TO CANCEL AT LEAST THIRTY (30)
DAYS PRIOR TO THE END OF THE RENEWAL TERM.
YOU AND WE AGREE THAT SUCH ENERGY PRICE
DURING AN AUTOMATIC RENEWAL TERM FAIRLY
REFLECTS AND IS A REASONABLE ESTIMATION OF THE
FAIR MARKET VALUE OF THE ENERGY PRODUCED BY
THE SYSTEM.
3. Price and Payment.
(a) Sale of Electricity. (1) Sale. This Agreement
is for the sale of energy by Us to You and not for the
sale of System, the System Interests (as such term
is defined in Section 4{i}}, or a solar energy device.
Beginning with the In -Service Date, We will sell to You
and You will buy from Us all of the energy produced by
the System. fli) Price. For all Energy produced by the
System, You shall pay Us the Energy Price set forth
above, PLUS APPLICABLE TAXES. On each anniversary
of the In -Service Date, the Energy Price shall increase
by two and nine -tenths percent (2.9%). (This
percentage may not measure the overall cost of
financing this Agreement.) (iii) Delivery. Title to and
risk of loss with respect to the Energy shall transfer
from Us to You at the point where the System is
interconnected with Your Property's electrical wiring.
Energy from the System will be delivered to You in
compliance with all requirements of the Utility. A good
faith estimate of the System's annual Energy
production will be provided to You in the Customer
Packet; provided that We reserve the right to modify
the size of the System at the time of installation as
required by applicable law or in Our reasonable
discretion. (iv) Limits on Obligation to Deliver. We are
not a utility or public service company and do not
assume any obligations of a utility or public service
company to supply Your energy requirements. Weare
not subject to rate review or other utility or public
service company regulation by governmental
authorities. During the Term, You understand that You
may require more electricity than the System may
generate. If You need any such additional energy, then
You shall be solely responsible to obtain such energy
from the Utility at Your cost. OTHER THAN AS
EXPLICITLY SET FORTH ON EXHIBIT B. WE DO NOT
WARRANT OR GUARANTEE (i) THE AMOUNT OF
ENERGY PRODUCED BY THE SYSTEM FOR ANYPERIOD,
(iij ANY COST SAVINGS, OR (iii) THE EXISTENCE OF OR
PRICING ASSOCIATED WITH ANY NET METERING
PROGRAM, OR UTILITY OR GOVERNMENT INCENTIVE
PROGRAM. UTILITY RATES AND UTILITY RATE
STRUCTURES ARE SUBJECT TO CHANGE. THESE
CHANGES CANNOT BE ACCURATELY PREDICTED.
PROJECTED SAVINGS FROM YOUR SYSTEM ARE
THEREFORE SUBJECT TO CHANGE. TAX INCENTIVES
ARE SUBJECT TO CHANGE OR TERMINATION BY
EXECUTIVE, LEGISLATIVE OR REGULATORY ACTION.
Copvr,ght 1 2011 2C IS V -It 301ar OV -0 CPLf. LSC A' ii t, PPA 11112015, r3 1) 1 Page 3
(b) Payor eoll. (i) Invoicing. Beginning with the
first (111) month following the In -Service Date and each
month throughout the Term, We will send to You an
invoice reflecting the charges for the Energy produced
by the System. if the System is not reporting Energy
production to Us, We may charge You the Shutdown
Payment (as such term is defined in Section �6a . All
payments are due within ten (10) days of the invoice
date. (H) Payment Methods. You shall make payments
to Us by (1) automatic payment deduction from Your
designated checking account, (2) automatic charge to
Your credit card, or (3) personal check- It is Your
responsibility to ensure that there are adequate funds
or an adequate credit limit, (iii) Account Debit
Discount. The Energy Price and all other payments in
this Agreement will include a Five Dollar ($5) monthly
discount if You allow Us to automatically debit Your
checking account. You will not receive such Five Dollar
($5) monthly discount if You choose to pay by any
means other than automatic debit from Your checking
account (e.g., credit card or check). (iv) Late Payments.
For all payments more than fifteen (15) days past due,
or any returned check, We may impose a charge up to
Rfbeen Dollars ($15), but not to eKceed the maximum
amount allowed under applicable law. You agree that
Your monthly payments, as well as any charges Incurred
by You as described In this Section 3 may be
electronically debited autornaticaWftm Your checking
account or charged to Your credit card. If You continue
to fail to make any payment within fifteen (15) days
after We give You written notice, then We may
exercise all remedies available to Us pursuant to
Section 6 bi�i. (y) Unconditional Payment. You agree
that the obligation to pay any amount due under this
Agreement shall be absolute and unconditional, and
shall not be subject to any abatement, defense,
counterclaim, setoff, recoupment, or reduction. You
and We agree that all amounts payable by You
hereunder shall be payable in all events including by
Your successors, and permitted assigns. Except for
Your right to terminate under the Notice of
Cancellation or after a Seller Default (as such term is
defined in Section and to the fullest extent
permitted under applicable law, You hereby waive all
rights You may have to reject or cancel this Agreement,
to revoke acceptance of the System, or to grant a
security interest in the System.
(c) Early Purchase OpLign. You have a one-
time option to purchase the System on the sixth (VI)
anniversary of the In -Service Date (the "EarlyPurd*se
OPW). You may elect to purchase the System by
sending Us written notice no later than ninety (90)
days after the sixth (6111) anniversary of the In -Service
Date. The "Eat Alrdwse Optlon Mbd' will be an
amount equal to the greater of the Purchase Option
Price and the Prepayment Price. The valuation will be
provided to You in writing and will be binding. If You
elect the Early Purchase Option, then We will need to
receive Your payment of the Early Purchase Option
Price, plus applicable taxes, and all other amounts then
owing and unpaid hereunder not less than thirty (30)
days thereafter. Upon receipt of the foregoing, We will
transfer ownership of the System to You on an "As Is,
Where is" basis, and continue to operate and maintain
the System pursuant to Section 4(a) of the Agreement.
4. Our Services.
(a) Operations and Maintenance. During the
Initial Term of this Agreement, so long as no Customer
Default (as such term is defined below) has occurred
or is continuing, We will honor the limited warranty
described below in Section 4(e) and during the entire
Term, We will operate and maintain the System (i) at
Our sole cost and expense; (ii) in good condition; and
(iii) in material compliance with all applicable laws and
permits and the Utility's requirements.
(b) Insurance. We carry commercial general
liability insurance in the amount of $1,000,000 per
occurrence, workers' compensation insurance in the
amount of $1,000,000 per occurrence, and property
insurance on the System (and Our other systems) in
the amount of $50,000,000. For more information
concerning Our insurance, please see Exhibit C.
(c) Risk of Loss: Casualty Losses. We shall bear
all risk of loss with respect to the System, except for
losses arising from the acts or omissions by You or Your
licensees, guests., invitees, contractors, or agents or
otherwise covered by Your insurance pursuant to
Section 5(b). if the System is damaged or destroyed by
fire, storm, flood, earthquake, or other disaster or
accident (each, a 'Casua&y Event) fully covered by
Our insurance, We will promptly repair or replace the
damaged portions of the System as necessary to
restore it to good working condition. If the System is
damaged or destroyed by a Casualty Event not fully
covered by Our insurance, We may, at Our option (i)
repair and restore the System to good working
condition; or (ii) terminate this Agreement and, at Your
election, either convey the System in its then -existing
Copvrght 0 2011 2CIS V v! -..t Sol,,)f Al PPA I 1,20_1� v3 2) 1 PiFt- 4
condition, "As Is, Where Is', to You for no additional
consideration or remove the System from Your
Property,
(d) QiKgl3nection of Sy%, er . We may cause
the System to be disconnected from any electrical
facilities, including the Utility's facilities, if they require
such disconnection or We are required to do so under
applicable law, including (but not limited to) any
disconnection directed by the Utility as part of a
curtailment or other order or instruction.
(e) Limited Warranties. So long as You comply
with Your obligations under this Agreement, under
customary use and operating conditions, We warrant
that: (i) for the Initial Term, the System will be free
from material defects in design and workmanship, and
We will repair any damage to Your Property or other
belongings that We cause, except as limited by
Section 5(e); and (ii) for ten (10) years after the In -
Service Date, all rooftop penetrations We make in
connection with installation will be watertight_ To
make a claim under this warranty, please contact Us at
support@vivintsolar.com or 877.404.43.29. We will
repair or replace any damage or defective component,
or correct any defective workmanship at no cost to
You.
(f) Manufacturers' Warranties. We do not
provide any warranty to You with respect to any
component of the System. Any manufacturer's
warranty is for Our benefit as owner of the System and
is independent of the limited warranties described
above in Section 4(e). The System's solar modules
carry a minimum manufacturer's warranty of twenty
(20) years as follows: (i) during the first ten (10) years
of use, the modules' electrical output will not degrade
by more than ten percent (10%) from the originally
rated output; and (ii) during the first twenty (20) years
of use, the modules' electrical output will not degrade
by more than twenty percent (20%) from the originally
ratedoutput. During the Term, We will enforce these
warranties as owner of the System.
(g) Exclusions and Disclaimer of Warranties.
The limited warranties set forth in Section 4[e) above,
do not apply to and do not cover problems resulting
from: (1) Your acts or omissions, including Your failure
to abide by the terms of this Agreement; (ii) exposure
to harmful materials and chemicals; (iii) any Force
Majeure Event (as such term is defined in Sectign 61d));
(iv) vandalism, theft, or tampering with the System by
anyone; (v) damage caused by hail or ball strikes; and
(vi) any other cause beyond Our reasonable control.
Our warranty and maintenance obligations under
Sections 4(a) and 41el may be transferred to a third
party. EXCEPT AS SET FORTH Its THIS SECTION 4 AND
EXHIBIT B, AND TO THE FULLEST EXTENT' PERMITTED
UNDER APPLICABLE LAW, WE MAKE NO OTHER
WARRANTY TO YOU OR ANY OTHER PERSON,
WHETHER EXPRESS, IMPLIED, OR STATUTORY; AS TO
THE MERCHANTABILITY OR FITNESS FOR ANY
PURPOSE OF THE EQUIPMENT, INSTALLATION,
DESIGN, OPERATION, OR MAINTENANCE OF THE
SYSTEM; THE PRODUCTION OR DELIVERY OF ENERGY;
OR ANY OTHER ASSOCIATED SERVICE OR MATTER
HEREUNDER, ALL OF WHICH WE HEREBY EXPRESSLY
DISCLAIM. TO 'THE FULLEST EXTENT PERMITTED
UNDER APPLICABLE LAW, OUR LIABILITY FOR ANY
BREACH OF ANY WARRANTY IS LIMITED TO REPAIRING
THE SYSTEM OR YOUR PROPERTY TO THE EXTENT
REQUIRED UNDER THIS AGREEMENT. YOU
ACKNOWLEDGE THAT WE ARE RELYING ON THIS
SECTION 4(g) AS A CONDITION AND MATERIAL
INDUCEMENT TO ENTER INTO THIS AGREEMENT.
THERE ARE NO WARRANTIES WHICH EXTEND BEYOND
THE DESCRIPTION OF THE FACE HEREOF.
(h) Meterine. We will install performance
meter(s) as needed to measure the Energy produced
by the System (the "/4lif ). We will collect System
production and performance data from the Meter
remotely or use Our personnel to collect such data.
We will store such Meter data throughout the Term
and provide it to You with access to it upon Your
reasonable request. Our use and disclosure of data
collected through the Meter is described in Section 7 I
below. You agree to allow Our personnel reasonable
access to Your Property to collect such data. At Our
discretion, We may test the accuracy of the Meter
from time to time. If such testing indicates that the
Meter is inaccurate by more than plus or minus five
percent (:596), then We will (i) repair and recalibrate
the Deter, at no cost to You; and (ii) make retroactive
adjustments to Your payments based on corrected
Meter data for the period of such inaccuracy. If the
Meter is inoperable for any reason, including Your
failure to maintain working broadband internet or
electrical connections, We may (1) charge You the
Shutdown Payment, and/or (2) estimate any
performance guarantee payment.
(i) Thg 5y1tem and thgSystem Interests.
(i) Our Ownership of the System and the System
Caper ght 0 1011 .2015 V % rt Sale Duvet :Det L4C At. Z +»-i F•d?e�.^� PPA 111/2015, v3 2) 1 Pigg 5
interests. We shall own and hold all property rights in
(1) the System; and (2) any credits, rebates, incentives,
allowances, tax benefits, or certificates that are
attributed, allocated, or related to the System, the
Energy, or environmental attributes thereof
(collectively, the ".S}+sfm /tttere-sW). You hereby
disclaim and, if applicable, assign to Us any and all
right, title and interest in the System and the System
Interests that You may have at any time, whether
arising under applicable law or otherwise, and You
agree to execute all documents and instruments We
reasonably request to carry into effect the terms and
intent of the foregoing assignment and to otherwise
cause Us to be the exclusive owner of the System and
the System Interests. You shall have no property
interest in the System or the System Interests except
for (A) the Energy that the System generates, and
(8) any credits or payments available under Your
Utility's net metering program for the Energy that the
System generates. You agree to keep the System and
System Interests free from all liens, security interests,
levies, attachments, and encumbrances of any type,
and You acknowledge that none of the System nor any
of its components nor any System interests may be
sold, leased, assigned, mortgaged, pledged, or
encumbered by You. You shall indemnify Us against all
losses, claims, costs and expenses (including attorneys'
fees) incurred by Us in discharging and releasing any
such lien, encumbrance, pledge, levy, or attachment
arising by, under or through You. You agree to not take
any action or allow any omission that could have the
effect of impairing the value of the System or the
System Interests. You shall immediately notify Us
upon becoming aware of the occurrence or possibility
of such impairment. (ii) Persona! Property Nature of
the System. Notwithstanding the manner in which the
System is attached to Your Property, nor any fixture
filing by Us, You and We hereby agree that the System
and the System Interests shall remain Our sole
personal property and shall not be deemed or
characterized as a "fixture" or any part of the "realty",
as those terms may be defined by applicable law. It is
further agreed that the installation of the System shall
not be a repair, remodel, alteration, conversion,
modernization of, or addition to, Your Property,
(iii) Notices of System Ownership. We will not place a
lien on Your Property. You authorize Us to make filings
and recordings with relevant governmental authorities
as may be necessary to provide notice of and to take
security interest in Our ownership in the System and
the System Interests, and Our right to access Your
Property, including (without limitation) financing
statements, UCC -1 financing statements and fixture
filings. Upon termination of this Agreement, each such
filing will be terminated. You understand that the
System shall be marked and identified as Our property.
S. Customer Obligations.
(a) ReR[gsentations and Warranties. You
represent, warrant, and agree that each of the
following is true and correct: (i) all information
concerning You herein is true, correct, and complete;
(ii) You are the only fee simple owner(s) of the Property
(i.e., You have full and exclusive ownership rights to
the Property) or if Your Property has been placed into
a trust, You are, or a signatory hereto is, the trustee
with requisite authority to bind the trust under this
Agreement; (iii) You own the roof on the Property and
have the unrestricted right to install the System
thereon; (iv) Your roof is in good condition and repair,
without material defects, sufficient for Us to install the
System; (v) You are at least eighteen (18) years of age;
(vi) You have had the opportunity to review and
discuss this Agreement with Our sales agent and any
other advisor You may desire to consult; and (vii) if
there is more than one signatory to this Agreement,
each of You shall be jointly and severally liable under
this Agreement. You understand that any mistake,
misrepresentation, or omission in this Agreement
made by You is a material breach of this Agreement
and entitles Us to the remedies provided for in
Section 6(b)(ii). We make no representations or
warranties except as expressly set forth in this
Agreement.
(b) Customer Insurance. You currently have
and agree to maintain customary property and liability
insurance with respect to Your Property.
(c) Existing Violations and Conditions. We
shall not be held responsible for any existing violations
of applicable building regulations or ordinances on
Your Property, whether cited by the appropriate
authority or not. We are not responsible for any
preexisting conditions on Your Property. Prior to
installation, You shall give to Us a copy of any
easements, restrictions, or rights of way relating to the
Property. If You do not do so, We will assume that
none exist, and You shall be solely liable for any
violation of such easement, restriction, or right of way.
Cbpyrfhc aJ 2011 2C! 5 V u.rt Solar Deva cp— t:C A, R. r^^a rpt nr. PPA (1117015 ,111 1 P.,pe 6
(d) Grant of Access. You hereby grant to Us
and Our employees, agents, and contractors the right
to access and use Your Property so that We may
(i) perform a site survey, where We will take
measurements of and inspect Your roof and Your
home's electrical systems, (ii) install, operate, and
maintain the System throughout the Term, (iii) enforce
Our rights as to this Agreement and the System and the
System Interests, and (iv) take any other action
reasonably necessary in connection with the
construction, installation, operation, maintenance,
repair, or removal of the System. The foregoing rights
of access to Your Property shall constitute a license
coupled with an interest and shall be irrevocable for up
to ninety (90) days after this Agreement terminates to
provide Us with time to remove the System at the end
of the Term. We shall give You reasonable notice prior
to accessing Your Property.
(e) Modifications after Install. (i) Alterations.
You shall not (1) touch, handle, operate, alter, repair,
or otherwise modify the System or any component
thereof; and (2) take any action that could void or
impair any warranty relating to the System. You will be
responsible for any damage to the System that is
caused at any time by You or Your licensees, guests,
invitees, contractors, or agents. (ii) 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 5(e). After the fifth (51) anniversary of the In -
Service Date, if You provide Us with at least thirty (30)
days' prior written notice, then We will temporarily
remove and reinstall the System at Your request to
allow for such repair or improvement (a '0J5t0r w—
Req ed Tempmry .ShLaVowr). You will be
required to (1) pay to Us a fee equal to Four Hundred
and Ninety -Nine Dollars ($499) before We remove the
System; (2) securely store the System components
during the Customer -Requested Temporary
Shutdown; and (3) pay the Shutdown Payment if the
System is not reinstalled within thirty (30) days of
removal, A Customer -Requested Temporary
Shutdown during the first five (5) years of the
Agreement will be done at Our sole discretion and at a
cost mutually agreed before We remove the System.
THE CUSTOMER -REQUESTED TEMPORARY
SHUTDOWN COSTS DESCRIBED IN THIS SEaION Sig)
ARE NOT AN EARLY CANCELLATION FEE. OTHER THAN
AS SET FORTH IN THE NOTICE OF CANCELLATION AND
SECTIONS Stn}, § Ub AND gc , YOU ARE NOT
ALLOWED TO TERMINATE OR CANCEL THIS
AGREEMENT PRIOR TO THE END OF THE TERM.
(iii) Required Changes. If You, the Utility, or any
governmental agency requires (1) any change to the
System after its installation, You shall pay Our standard
parts and labor charges; or (2) that We pay any tax, fee,
or other charge in relation to the System or this
Agreement after the In -Service Date, then You shall be
responsible to reimburse Us for such tax, fee, or other
charge (including any taxes under Section 5(k)).
(f) Insolation. You acknowledge and agree
that the System's unobstructed access to sunlight
Nnscla6mr) is essential to Us and is a material
inducement to Our entering into this Agreement. At all
times during the Term, You shall not cause, permit, or
otherwise allow any circumstance or condition within
Your control that could adversely affect Insolation,
including (without limitation): (i) any material
alteration of Your Property where the System is
installed; (ii) the installation of any structure, or any
other obstruction; (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 to trim all trees and other foliage to ensure
that shading of Your roof and the System is no worse
than on the Transaction Date. If You become aware of
any potential development or other activity on
adjacent or nearby properties that could diminish the
Insotation, You shall promptly notify Us and shall
cooperate with Us in reasonable measures We may
take in an attempt to preserve existing revels of
Insolation. Notwithstanding any other right or remedy
provided in this Agreement, You agree that We would
be irreparably harmed by Your breach of Your
obligations under this Section 5 f and that an award of
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 provisions of this
Section S(D without proof, of any damages or posting
of any bond or similar security.
(g) Your Property. You are responsible to
ensure that Your Property (including all electrical
systems and the roof) is maintained in good condition
and repair, It is Your responsibility to remove or
protect any personal property or fixtures (including,
Copvr pht 2011 !Cl l� v v -t Sour L -C A ct F „ ,r: f,_i PPA f 1 l,'2015 w 3 21 1 Page 7
but not limited to, decorations, furniture, vehicles,
plants, and other valuables) in the areas of Our work
and the locations surrounding the System. You
acknowledge and agree that We are not responsible
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 (Iii) 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.
W 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 inter -net
or electrical connection for a period of time, We may
(i) charge You the Shutdown Payment, and/or
(ii) estimate any performance guarantee payment
0) 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 privilege, 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 System
Interests; (ii) any permits, interconnection, net
metering agreements, and other documents required
by the Utility; (iii) any document necessary to verify
Our ownership interest in the System and System
Interests; and (iv) You shall promptly comply with any
of Our additional requests so that We may obtain
possession of all System Interests. To the extent
permitted by applicable law, You hereby authorize Us
to complete any documents referenced above in this
Section 5 ) by adding any information necessary.
(m) Duty to Notify. You shall promptly notify Us
if (i) You notice any person or thing interfering with the
operation of the System; (ii) Your Property has any
ordinance or permit violations or encumbrance 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 Property. You are required to
notify Us thirty (30) days prior to any sale or transfer
of Your Property (a "Propetty 7ransf&). When
notifying Us, You will be required to provide the
following information: the name of the person buying
Your Property or the transferee (the "ftperW
rrainfiyve), 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 following four
(4) options upon a transfer of the Property:
(i) Assignment. The Property Transferee can sign a
transfer agreement, assuming all of Your rights and
obligations under this Agreement. Prior to any such
sale or transfer of Your Property, You agree to have the
Property Transferee sign the transfer agreement, YOU
ACKNOWLEDGE AND AGREE THAT UNTIL THE
PROPERTY TRANSFEREE HAS SIGNED THE TRANSFER
AGREEMENT, YOU SHALL REMAIN RESPONSIBLE FOR
ALL OBLIGATIONS IN THIS AGREEMENT,
(fi) Prepoyment. You may elect to fully prepay all of
Your remaining ng monthly payments of the Energy Price
during the Term of this Agreement and assign the
agreement to the Property Transferee, The
'AWayment ftlee will be equal to the sum of the
remaining monthly payments of the Energy Price
(based on Our reasonable estimation of the energy to
be produced) due to Us during the Term, discounted
by five percent (5%). After Our receipt of Your
CopVr ght � 2011 2035 V,; it Solar Dove epee LL,: At' 1. -% R,� --,ej PPA (11 11.111.04 5 ,2 2, 1 Pipe 8
payment of the Prepayment Price and a signed
transfer agreement, the Property Transferee will not
be obligated to pay any remaining monthly payments
for the Energy Price during the Term, but the Property
Transferee will assume all other obligations under this
Agreement. Prepayments do not constitute down
payments or progress payments. REGARDLESS OF
WHETHER YOU PREPAY THIS AGREEMENT, WE WILL
OWN THE SYSTEM AND THE SYSTEM INTERESTS AS
PROVIDED IN SECTION 4(i) HERETO, and Our
obligations to operate and maintain the System under
Section 4(a) hereto will continue throughout the Term.
(iii) Relocation. Where permitted by the Utility and
applicable law, and where Insolation of the System will
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) Early Purchase.
In connection with a Property Transfer after the sixth
(61) 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 fight 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, which are not
under Our control, whether or not under Your control,
may interfere with the safe operation of the System
(a "SafeW Shut4bW). During the pendency of a
Safety Shutdown, You will pay Us the Shutdown
Payment. (ii) 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 deactivated for reasons that are not (1) a
Force Majeure Event, or (2) caused by or related to Our
unexcused action or inaction, such that the System is
no longer able to produce electricity or transfer
electricity to You or to the Utility, You will pay Us the
Shutdown Payment, (iv) Shutdown Payment. The
"Shutdown Pa)Tmnf shall equal the sum of
(1) payments of the Energy Price that You would have
made to Us as described in Section 3(b) for the Energy
that would have been produced by the System during
the period of the shutdown; (2) the value to Us of the
System Interests that We would have received during
such shutdown; and (3) applicable taxes.
Determination of the amount of Energy that would
have been produced during the period of the
shutdown shall be based on estimated levels of
production. If We bill You for the Shutdown Payment
because the System is not reporting Energy production
to Us, and We subsequently determine that We have
either overestimated or underestimated the actual
Energy production, then We will adjust 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 Section 5(e) '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
'Cbsta7mrDL*uA' 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
I
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, (ii) Remedies for
Customer Default. If a Customer Default occurs, We
may exercise any of the following remedies:
(1) terminate this Agreement and demand You pay the
Default Payment; (2) leave the System in place on Your
Property, but deny You use of the Energy it produces,
which may be redirected and sold at Our election;
(3) disconnect or take back the System as permitted by
applicable law; (4) engage a collection agency to
collect payments from You; (5) report Your default to
credit reporting agencies; (6) suspend Our
performance under the Agreement; and/or
C4py ghi J 011 2015 V ,-it S,)Ix Dew —aper. LC Aa I. r -% RPA 11112015 V 3.2) 1 Pjfr,.! 9
(7) exercise any other remedy available to Us in this
Agreement or under applicable law, Seller's remedies
set forth In this Section 6(b fit) are cumulative and not
exclusive. (iii) Seller Default, A "Seller Defat& shall
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.
(iv) Remedies for Seller Default. If a Seller Default
occurs and is continuing, You may: (1) terminate this
Agreement and request removal of the System from
Your Property; and/or (2) except as provided below,
exercise any other remedy available to You in this
Agreement or under applicable law. Notwithstanding
the foregoing, You will have no right to claim damages
as a result of the termination of this Agreement,
except for (1) the actual costs to remove the System, if
We fail to remove the System from Your Property
pursuant to Section 16(c), and (2) any damages to Your
Property resulting from the removal of the System by
Us or Our contractor. (y) Default Payments. If this
Agreement is terminated for any reason, other than
pursuant to the Notice of Cancellation, Section 6(d), or
a Seller Default, You will pay to Us the Default
Payment. The "LIe,&u1tPa)menF shall be an amount
equal to the sum of: (1) 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 removal of the System from
Your Property, (4) loss of expected 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 Default,
is a fair representation of the damages and losses that
We expect to incur. After You pay to Us the Default
Payment, We will transfer ownership of the System to
You on an "As Is, Where is' basis; provided that We will
retain all right and title to the System Interests.
(c) Termination. (i) Termination by Seller. We
may, in Our sole discretion, terminate this Agreement
(1) if prior to the In -Service Date, upon delivery of
written notice to You; or (2) upon the occurrence of a
Customer Default, Within ninety (90) days after
termination of this Agreement, other than under the
circumstances in which the System is transferred to
You under Sections 2(b)(iii) 3LrL5(nJ(ivy, or6(c)(vl We
will remove the System , and , restore all rooftop
penetrations to be free from leaks. If We elect to
terminate this Agreement, We will have no further
liability to You. (d) Terminotion by Customer. You may
terminate this Agreement (1) pursuant to the terms of
the Notice of Cancellation, or (2) upon a Seller Default.
(d) FgrLe M&O-e. If You or We are unable to
perform any of the obligations under this Agreement
because of a Force Majeure Event, such affected Party
will be excused from whatever performance is affected
by the Force Majeure Event; provided that the
suspension of, such obligations is of no greater scope
and of no longer duration than is required by the Force
Majeure Event. 'Fbive Majeum Event shall mean any
event, condition, or circumstance beyond the control
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 a governmental authority, the failure to act
on the part of any governmental authority or the Utility
(provided that such action has been timely requested
and diligently pursued), failure to obtain or maintain a
permit, license, consent, or approval (provided that
such Party has made timely and reasonable
commercial efforts to obtain and maintain the same),
labor dispute, strike, work -stoppage, slow -down, lock-
out, flood, earthquake, volcano, fire, lightning, wind,
epidemic, war, terrorism, riot, economic sanction or
embargo, civil disturbance, act of god, unavailability of
electricity from the Utility, equipment, supplies of
products, power or voltage surge caused by someone
other than the affected Party, or failure of equipment
not utilized by or under the control of the affected
Party. In no event shall a Force Majeure Event excuse
You from any of Your payment obligations under this
Agreement.
(e) Arbitration of Disputes. PLEASE READ THIS
PROVISION CAREFULLY. BY SIGNING BELOW, YOU
ACKNOWLEDGE AND AGREE THAT, WITH LIMITED
EXCEPTIONS, ANY DISPUTE BETWEEN US SHALL BE
RESOLVED BY BINDING ARB TION. Arbitration is
more informal than a lawsuit in court. In arbitration,
disputes are resolved by an appointed arbitrator
instead of a judge or jury. Therefore, by signing below,
YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. By
signing below, You also agree to bring claims against
Us only in Your individual capacity and YOU ARE
WAIVING THE RIGHT TO INITIATE OR PARTICIPATE IN A
C,.,Pyr ght 0 2011 <015 1v v -it Solar Dovtcvc- LLC Ar, Ig; I F. -l- ?r.,: -1 PPA (111'2015, v3.2) ' Page 10
CLASS ACTION OR SIMILAR PROCEEDING. Procedures
before Initiating Arbitration or Suir- Most customer
concerns can be resolved quickly and amicably 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 must be sent to
VIVINT SOLAR DEVELOPER, LLC, 3301 N Thanksgiving
Way, Suite 500, Lehi, LIT 84043, Attn: Legal
Department. We will send the Notice of Dispute to
Your billing address. The Notice of Dispute 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 (i) 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 (iv) the
interpretation, validity, or enforceability of this
Agreement, including the determination of the scope
or applicability of this Section _Eje (each, a "Dispiuff).
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 applies to any and all
Disputes now in existence, including any Dispute
arising before You executed this Agreement, or that
may arise in the future, and it survives the termination
of this Agreement and the Parties' relationship,
including Your payment in full. and Your filing of
bankruptcy, All Disputes will be on an individual (non -
class, non -representative) basis and the arbitrator may
award relief only on an individual (non -class, non-
representative) basis. This means that if You or We
elect to arbitrate a Dispute, You will not be able to
participate in or receive any remedy from a class
action, private attorney general action, or,Ober
representative or collective action as either a class
representative or as a member of the class. The
arbitrator shall not have any authority to (I) entertain
a claim, or to award any relief, on behalf of or against
anyone other than a named party to the arbitration; or
(ii) 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
(-AAA-) (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 Claims Court:
Alternatively, You or We may pursue a Dispute in small
claims 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 (available at:
http://www.jamsadr.com, the "JAMS Rul') 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.
Claims for less than $10,000: 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
conducted solely on the basis of documents submitted
to the arbitrator, through a telephonic hearing, or by
an in-person hearing near Your Property consistent
with the JAMS Rules. After We receive notice that You
have commenced arbitration, We will promptly
reimburse You for Your payment of any filing fees. If
the arbitrator issues You an award that is greater than
the value of Our last written settlement offer made
before an arbitrator was selected (or if We did not
Copy ght 0 21211 2015 V,v Pt SOW Duvc CpLlr, LLC Al. r ....,•J PPA /1!/2775 -A 2) ' Par -e 11
make a settlement offer before an arbitrator was
selected), then We will pay You the lesser of the
amount of the award or $10,000, plus reasonable
attorneys' fees incurred by You and 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 and costs
(including filing fees, administration and arbitrator
fees, all 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 -Dispute
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 inthis
arbitration provision or Section 71a). 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 CHECKING
THE BOX BELOW, YOU ARE GIVING UP YOUR JUDICIAL
RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE
RIGHTS ARE SPECIFICALLY INCLUDED IN THE
"ARBITRATION OF DISPUTES" PROVISION. IF YOU
REFUSE TO SUBMIT TO ARBITRATION AFTER
AGREEING TO THIS PROVISION, YOU MAY BE
COMPELLED TO ARBITRATE UNDER THE FAA AND
OTHER APPLICABLE LAW. YOUR AGREEMENT TO THIS
ARBITRATION PROVISION IS VOLUNTARY. YOU HAVE
READ AND UNDERSTAND THE FOREGOING AND AGREE
TO SUBMIT DISPUTES ARISING OUT OF, I HE MA rrERS
INCLUDED IN THE, "ARBITRATION OF DISPUTES"
PROVISION TO NEUTRAL ARBITRATION,
(f) Governiag,km. This Agreement, and any
instrument or agreement required hereunder, shall be
governed by, and construed under, the internal laws of
the state where the Property is located.
Z. Miscellaneous.
(a) Limitation gf Liability. You understand that -
(i) We are not an insurer of Your Property, personal
property, or personal safety of persons in or on Your
Property; (ii) You are solely responsible for providing
any insurance with respect to Your Property and its
contents; (iii) the amount You pay to Us is based only
on the value of the Energy produced by the System and
not on the value of Your Property or its contents;
(iv) the System 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 falls to
operate property; 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
OF 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 52,000,000. YOU AND WE AGREE THAT
THIS AMOUNT IS A FAIR REPRESENTATION OF THE
DAMAGES THAT YOU OR WE EXPECT TO INCUR IN THE
CASE OF ANY INJURY OR LOSS HEREUNDER, TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO
CLAIM SHALL BE MADE BY YOU AGAINST US OR ANY
OF OUR AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS,
OR CONTRACTORS FOR ANY SPECIAL, EXEMPLARY,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR
PUNITIVE DAMAGES (WHETHER OR NOT THE CLAIM
THEREFORE IS BASED ON CONTRACT, TORT, DUTY
Ccptr gh, r_1 20111 2015 V t nt SO!& Develaper. LLC A,, ft-7,its RcvwrV,-tJ PPA (! 11XI 5, vJ 2� i Page 11
IMPOSED BY LAW, OR OTHERWISE), IN CONNECTION
WITH, ARISING OUT OF, OR IN ANY WAY RELATED TO
THE TRANSACTIONS CONTEMPLATED BY THIS
AGREEMENT OR ANY ACT OR OMISSION OR EVENT
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 THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, NO CLAIM, LAWSUIT,
OR ANY OTHER LEGAL OR ARBITRATION PROCEEDING
IN CONNECTION WITH,, ARISING OUT OF, OR IN ANY
WAY RELATED TO THIS AGREEMENT MAY BE
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) Indemnification. 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
'Cowwed PWsoff) 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 (II) Your negligence or willful
misconduct; provided, however, Your indemnification
obligations under this Section 7(b) 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 and Waivers. This
Agreement (including all exhibits and notices attached
hereto) may only be amended or modified by an
Instrument in writing signed by both You and Us.
(d) n iEgg e�eme_nt. This Agreement, the
Customer Packet, and any other agreements or
documents incorporated herewith, constitute the
entire agreement between You and Us and supersede
all prior oral and written negotiations,
communications, discussions and correspondence
pertaining to the subject matter hereof.
(e) QuLJtrjo1fjc. We may assign, sell, or
transfer (in whole or in part) this Agreempnt, the
System, or the System Interests without Your con tit
and without notice. If such assignee agrees In 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) BindingEf w. 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
firth 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
limitation) Sections 2fbl, 3 4jd}, 1l . 16 and 7 and
Exhibits A and B attached hereto, and the Customer
Packet.
(i} Severability. 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
deemed 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, however, that if any such provision may be
made enforceable by limitation thereof, then such
provision shall be deemed to be so limited and shall be
enforceable to the maximum extent permitted by
applicable law.
(a} Counterparts. This Agreement may be
executed in one or more counterparts, and all such
counterparts shall be deemed to constitute one
C,spyr ght 2011 2C IS V v of Sour Dov,:pc,. LLT: At R,:", a ,t r.. PPA f 11, 201 5 v 3 Za Page 13
Instrument. A facsimile or portable document format
di
('Pdf") shall constitute an original for purposes hereof.
p
(k) ,fit. You hereby authorize Us to use
fn
Your and Your Property's voice, photograph, video,
(C
and likeness in print media, radio, television, e-mail,
or
social media, web materials, and any audio or video
0
recording; provided that We agree that We will not
m
disclose any of Your personally identifying information
or
(except as provided in aggtign 7111}. You waive and
ef
forever release Us for any Dispute relating to or arising
p
out of this Section 7[k}.
a
(1) Consumption Monitoring - and Data
pi
Hand. . (i) Collection of Consumption Monitoring
a
Data. In connection with Our installation of the
c
System, We may install, operate, and maintain an
D
energy consumption monitoring device on Your
Property, Through such device, We will collect and
a
store information about energy usage at Your Property
(the 'Consumphbn Date), and We may use and
S
disclose such Consumption Data to Our assignees,
tet
affiliates, actual or prospective lenders, financing
in
parties, investors, insurers, and acquirers. We may
c
combine the Consumption Data with other data,
s
including (without limitation): personally identifiable
a
information, Your credit report, Meter Data, orcither
a
data (collectively, "Data"). (h) Handling of Data. We
s
may use Data for the following purposes (in each case
to the extent permitted by law): (1) to operate,
re
maintain, provide, and enhance the System; (2) for Our
ce
internal purposes, including (without limitation):
Ac
research and development, improvement of Our
in
product and service offerings, and creation of new
p
product and service offerings; and (3) to customize
content and communications We may provide to You.
d
(iii) Disclosure of Data. We will not disclose any Data
b
from You or Your Property without Your consent, other
pr
than in the following circumstances: (1) where the
m
Data does not contain personally identifiable
C
information (including where Data has been de-
th
identified); (2) in order to provide Our products or
el
services to You (including working with third -party
oi
service providers who may host, maintain, or
e
otherwise process Data for Us); (3) if required to do so
d
by any law or regulation or in the good -faith belief that
in
such action is necessary to comply with any law or
p
regulation, in response to a court order, judicial or
R4
other government subpoena or warrant, or to
Pt
otherwise cooperate with law enforcement or other
C
governmental agencies; (4) if We believe, in good faith,
of
COW Rht V2011 2015 V v-1, Solar Ofuve'::Per, LLC Al R,_Vlti P2wrved
sclosure is appropriate or nece:isary to (A) take
tcautions against liability, (8) protect Us of others
m fraudulent, abusive, or unlawful uses or activity,
investigate or defend against any third -party claims
allegations, (D) protect the security or integrity of
ur services and any facilities or equipment used to
ake Our service available, or (E) protect Our property
other legal rights (including, but not limited ta,
forcement of Our agreements), or the rights,
-operty, or safety of others; (5) to Our assignees,
filiates, actual or prospective lenders, financing
rties, investors, insurers, and acquirers; or (6) for
ily purpose to which You have provided Your express
sent. (iv) Access to Data. So long as no Customer
efault has occurred or is continuing under this
Agreement, We will make certain Consumption Data
railable to You via the Vivint Solar Account Center,
f0able at: https://account.vivintsolar.com, (v) Data
,curity. We use certain physical, managerial, and
hnical safeguards that are designed to improve the
tegrity and security of Data in Our possession and
)ntrol. We cannot, however, ensure or warrant the
ecurity of all Data or guarantee that Data may not be
-,cessed, disclosed, altered, or destroyed by breach of
nY of Our physical, technical, or managerial
leguards.
(m) Electronic Records. As part of Your
lationship with Us, You are entitled by law to receive
rtain information 1n writing". The federal E--SIGN
and certain state laws allow Us to provide this
formation to You electronically, instead, with Your
ior consent. Because it is more efficient to
)mmunicate electronically, all information,
xurnents, and agreements between You and Us will
i in electronic form. There is a five dollar ($5)
ocessing fee for all notices and other documents We
ail to You in paper (except for Your first copy of this
)nsent or the Customer Agreement), You can avoid
Isis fee by agreeing below to receive documents
ctronicalty. (i) Consent to Use Electronic Records
ds
Signatures. You consent and agree to receive
ectronically all communications, agreements,
uments, notices, records, disclosures, and other
formation (collectively, '&7ec&%WcRecor&) that We
rovide in connection with the Services. Electronic
ords include (without limitation), a Power
rchase Agreement, Solar System Lease Agreement,
ash Purchase Agreement, Lease Disclosures, Notice
Cancellation, Customer Packet, and Work Orders (as
PPA (21/,1015 vJ 2; t Pigg 14
applicable), We will provide these Electronic Records
to You by emailing them to You at the most recent e-
mail address that We have on file for You and by
making these available to You via Vivint Solar Account
Center. We reserve the right (in Our sole discretion) to
communicate with You via U.S. 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) in the processing of
Electronic Records. (d) Option to Receive Paper Copies.
If We provide You with Electronic Records, and You
want a copy in paper, You may contact Our customer
service department at 877.404,4129 during Our
normal business hours and request a paper version. All
requests for paper copies of Electronic Records must
be made within ninety (90) days of the date We
provided the Electronic Record to You. We will send
Your paper copy to You via U.S. mail. We will provide
these Electronic Records to You by mailing them to You
at the most recent mailing address that We have on
file for You. Unless prohibited by law, We reserve the
right to charge You a processing fee of five dollars ($5)
per requested paper copy. (iii) Your Right to Withdraw
Consent, You have the right to withdraw Your consent
atany time, If You wish to withdraw Your consent, You
must contact Our customer service department at
877.404.4129. If You elect to receive 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. If You withdraw Your consent and elect to receive
required notices and disclosures by paper, then Our
monthly processing fee of five dollars (55) per
requested paper copy shall apply. (iv) Keep Your
Information Current with Us. In order to ensure that
We are able to provide You with the Electronic Records
and other information from time to time, You must
notify Us of any change in Your e-mail address. You
may change the e-mail address on record for You by
contacting Our customer service department at
877.404,4129 during Our normal business hours, You
understand and agree that if We send to You an
Electronic Record, but You do not receive it because
the most recent e-mail address that We have on file
for You is incorrect, out of date, blocked by Your
service provider, filtered by Your service provider as
'espam' or 'junk mail", or You are otherwise unable to
receive the Electronic Record, We will be deemed to
have provided the Electronic Record to You, unless We
receive actual notice that You did not receive the e-
mail, (y) Hardware and Software Requirements. in
order to access and retain Electronic Records, You
must have: (1) a computer with an Internet
connection; (2) a compatible web browser with
cookies enabled; (3) Adobe Acrobat Reader version 8.0
and above to open documents in '.pdf" format; and
(iv) a valid and accessible e-mail account. If a change
in hardware or software is needed in order for You to
access or retain Electronic Records, and that change
would create a material risk that You would not be able
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 is reaffirmation of Your consent.
(n) Authorization to Receive Text Messages. In
addition, from time to time, We may wish to
communicate with You via SMS text message. By
checking the box below, You consent to receive
autodialed SMS text messages from Us, Our affiliates,
Our contractors, or on Our behalf in connection with
the Services at the most recent mobile telephone
number that We have on file for You. You also agree
and understand that in addition to purely
informational texts, these SMS text messages also may
include promotional material related to Our Services,
that they may be sent using an automatic telephone
dialing system, and that You are not required to agree
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 Us to (i) obtain
Your credit rating 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 to credit reporting
agencies; and (iii) disclose this and other information
to Our assignees, affiliates, actual or prospective
lenders, financing parties, investors, insurers, and
acquirers.
(p) PRESCREEN AND OPT -OUT NgMCE. THIS
'PRIESCREENEW OFFER OF CREDIT IS BASED ON
MFORMATION IN YOUR CREDIT REPORT INDICATING
THATYOU MEET CERTAIN CRITERIA. THIS OFFER IS NOT
GUARANTEED IF YOU 00 NOT MEET OUR CRITERIA. IF
YOU 00 NOT WANITTO RECEIVE PRESCREENED OFFERS
Copf --gkt IC 2C I! 2015,;.v.n I Sua Dc.rxmar, SLC 1.3 321 , PigL2 J
OF CREDIT FROM US AND OTHER COMPANIES, CALL
THE CONSUMER REPORTING AGENCIES TOLL-FREF,
88111.567.8688; OR WRITE: EXPERIAN OPT OUT, DMA
MAIL PREFERENCE SERVICE, PO BOX 643, CARMEL W
10512; TRANSUNION NAME REMOVAL OPTION, P.O.
80X505 WOODLYN, PA IM; EQUIFAX OPTIONS, P.O.
BOX 740M ATLANTA, GA 30374-=3.
[SIGNATURE PAGE FOLLOWS]
Federal Employer ID No.: 80-0756438. License and Reghftration Nos.. Az: ROC -288627; CA: C46/C10-973756;
CO: EC -0100200; CT: HIC-0634382, ELC0189635-E1; DE: 2015101852, TI -0006038; FL. EC13006740;
HI: C13 -CT -33444; LA: HIC-557139; MA: HIC-170948, EC -13141A, MD: HIC-130385, ME -11845; NH: EC -03880;
NP HIC Reg-13VH06589300, EC-34ES01108500; NM: EE98-385223; NV: EC 0080170; NY: Nassau Co. H24099100,
Poughkeepsie ME -55; Putnam Co. PC6914, ME -11252; Rockland Co. H-11972-40-00-00, E-559, Suffolk Co. 51229-
H, 49592 -ME; Westchester Co. 26664-1-114; OR: CCR -196558, EC -C1131, BCD-CLR28; PA: MIC -089970,
Pittsburgh EL0984.9, Philadelphia EC -28454, RI: HIC-38915; SC: EL5113522, ORS SL -0002; TX: EC 311,33;
UT: S200/S202-8694003-5501; Washington DC: HIC-420215OW105, ECC -903277; Wyorning: C-44410.
Cow pht ;-) 2011 1015 V VIOL SCIAr De LI -C AL DPA (1112015, v3 21 Pmvl 16
NOTICE TO CUSTOMERS
A LIST OF DOCUMENTS TO BE INCORPORATED INTO
THE CONTRACT:
a. Residential Solar Power Purchase Agreement,
b. Exhibit A — Notice of Cancellation,
c. Exhibit B — State Notices and Disclosures,
d. Exhibit C — Certificates of Insurance, and
e. Customer Packet.
These documents are expressly incorporated into this
Agreement and apply to the relationship between You
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. ITIS NOT LEGAL FOR US TO ENTER YOUR PREMISES
UNLAWFULLY OR COMMIT ANY BREACH OF THE
PEACE 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 of this
Agreement, that We have signed the Agreement, and
that You have read and received a legible 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 THIS AGREEMENT IF THIS
AGREEMENT CONTAINS ANY BLANK SPACES. You are
entitled to a completely filled In Dopy of this
Agreement, signed by both You and Us, before any
work may be started.
G. CUSTOMER'S RIGHTTOCANCEL YOUMAYCANCEL
THIS CONTRACT AT ANY TIME BEFORE THE LATER OF:
(1) MIDNIGHT OF THE THIRD (3RD) BUSINESS DAY
AFTER THE TRANSACTION DATE, OR (II) THE START OF
INSTALLATION OF THE SYSTEM OR ANY OTHER
INSTALLATION WORK WE PERFORM ON YOUR
PROPERTY. IF YOU WISH TO CANCEL THIS CONTRACT,
YOU MUST EITHER: (1) SEND A SIGNED AND DATED
WRITTEN NOTICE OF CANCELLATION BY REGISTERED
OR CERTIFIED MAIL, RETURN RECEIPT REQUESTED; OR
(2) PERSONALLY DELIVER A SIGNED AND DATED
WRITTEN NOTICE OF CANCELLATION TO: VIVINT
SOLAR DEVELOPER, LLC, 3301 N THANKSGIVING WAY,
SUITE 500, LEHI, UT 84043, ATTN: PROCESSING
DEPARTMENT. IF YOU CANCEL THIS CONTRACT
WITHIN SUCH PERIOD, YOU ARE ENTITLED TO A FULL
REFUND OF YOUR MONEY. REFUNDS MUST BE MADE
WITHIN 30 DAYS OF OUR RECEIPT OF THE
CANCELLATION NOTICE. SEE THE ATTACHED NOTICE
OF CANCELLATION FOR AN EXPLANATION OF THIS
RIGHT. DO NOT SIGN BELOW UNLESS WE HAVE GIVEN
YOU THE "NOTICE OF CANCELLATION.' WE ARE
PROHIBITED FROM HAVING AN INDEPENDENT
COURIER SERVICE OR OTHER THIRD PARTY PICK UP
YOUR PAYMENT ATYOUR RESIDENCE BEFORE THE END
OF THE CANCELLATION PERIOD.
H. You have the right to require Us to have a
performance and payment bond.
BY CHECKING THIS 80X, YOU AGREE TO RECEIVE ELECTRONIC RECORDS AS FURTHER DESCRIBED
IN SECTION 7(m), AND AGREE THIS CHECKBOX CONSTITUTES YOUR ELECTRONIC SIGNATURE.
BY CHECKING THIS BOX, YOU AGREE AND OPT4N TO RECEIVING TEXT MESSAGES AS FURTHER DESCRIBED
IN SECTION 7(n), AND AGREE THIS CHECKBOX OONS MJTES YOUR ELECTRONIC SIGNATURE.
BY CHECKING THIS BOX, YOU AGREE TO ARBITRATION AND WANE THE RIGHT TO AJURY TRIAL AS DESCRIBED
IN SECTION 6(e), AND AGREE THIS CHECKBOX CONSTITUTES YOUR ELECTRONIC SIGNATURE.
VIVINT SOLAR DEVELOPER, LLC
Signature: nA41A
Printed Naim Todd Hildebrand
Salesperson No.. 111846
CUSTOMER(S):
&vnature ?W&4
Printed Name Rachael Parsons
Signature.
Printed Name.
(CustomerCopy)
Transaction Date: 02/05/2016 Service No..
!!r r
•' i • ! i!i • , i
' � id--- ! r• i l � � � f Y � � Y
s!i •
r ! r! !! !• • •• j !: ! r
THE CONTRAM
it � • ! !' ! ! �: �, i ., ! �
Date,
Customer's Signature;
Cc—I)vr phi �J 2011 2C15 V V At SOIX 07 ,'Ve LX A!? RcJ'% R,4'_lL31 PPA (13/2@I5, v3.21 £xh bq A
* #,!
Solar Copy)
Transaction Dote: 02/05/2016 Service No.
• i• 'i t
! ! i
IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE SELLER AT YOUR RESIDENCE, IN
SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANYGOODS DELIVERED TO YOU
UNDER THIS CONTRACT OR SALE, OR YOU MAY, IF YOU WISH, COMPLY WITH THE INSTRUCTIONS
OF THE SELLER REGARDING THE RETURN SHIPMENTOFTHE GOODS ATTHE SELLER'S EXPENSE AND
RISK.
THE CONTRACT.
TO CANCEL THIS TRANSACTION, MAIL OR DEUVER A SIGNED AND DATED COPY OF THIS
CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SEND ATELEGRAM, TO VNINTSOLAR
DEVELOPER, LLC, AT 3301 N THANKSGIVING WAY, SUITE SM, LLEHI, UT 84043, ATTN: PROCESSING
DEPARTMENT PRIOR TO THE LATER OF: (I) MIDNIGHT OF THE THIRD (3rd) BUSINESS DAY AFTER
THE TRANSACTION DATE, OR (I1) THE START OF INSTALLATION OF THE SYSTEM OR ANY OTHER
INSTALLATION WORK WE PERFORM ON YOUR PROPERTY.
I HEREBY CANCEL THIS TRANSACTION.
Date:
Customer's Signature:
CopVraght .0 2011 2015 v.lv,nt Solar Deve1epe•. LLL Ali Rig? -s P mere ml GPA r21P�015, v3 2, ! Exhib:t A
EXHIBIT B — MASSACHUSETTS
STATE NOTICES AND DISCLOSURES
A. OBTAINING PERMITS. We shall obtain all necessary permits for the installation and operation of the System.
Homeowners who secure their own permits shall be excluded from the state guaranty funds.
B. OUR LICENSES. HOME IMPROVEMENT CONTRACTORS ARE REQUIRED TO BE REGISTERED WITH THE
DIRECTOR OF THE MASSACHUSETTS OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION. FOR
INFORMATION ABOUT CONTRACTOR REGISTRATION REQUIREMENTS, CONTACT THE MASSACHUSETTS OFFICE
OF CONSUMER AFFAIRS AND BUSINESS REGULATION: TEN PARK PLAZA, SUITE 5170, BOSTON, MA 02116,
617.473.8700 OR 888.283.3757.
C. ARBITRATION. Notwithstanding 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 110.116 OF THE
MASSACHUSETTS CODE OF REGULATIONS. YOU MAY CONTACT THE MASSACHUSETTS OFFICE OF CONSUMER
AFFAIRS AND BUSINESS REGULATION AT THE ADDRESS OR TELEPHONE NUMBER PROVIDED ABOVE WITH
QUESTIONS ABOUT THESE RIGHTS.
E. NO UEN OR SECURITY INTEREST ON YOUR PROPERTY. NO LIEN OR SECURITY INTEREST ON YOUR PROPERTY
WILL BE CREATED AS A RESULT OF THIS AGREEMENT. AS PROVIDED IN SECTION 4(i), YOU AUTHORIZE US TO
MAKE FILINGS AND RECORDINGS WITH RELEVANT GOVERNMENTAL AUTHORITIES AS MAY BE NECESSARY TO
PROVIDE NOTICE OF OUR OWNERSHIP IN THE SYSTEM AND THE SYSTEM INTERESTS, AND OUR RIGHT TO ACCESS
YOUR PROPERTY, INCLUDING (WITHOUT LIMITATION) FINANCING STATEMENTS, UCC -1 FINANCING STATEMENTS
AND FIXTURE FILINGS. UPON TERMINATION OF THIS AGREEMENT, EACH SUCH FILING WILL BE TERMINATED.
YOU UNDERSTAND THAT THE SYSTEM SHALL BE MARKED AND IDENTIFIED AS OUR PROPERTY.
BY CHECKING THIS BOX, YOU ACKNOWLEDGE RECEIPT OF THIS EXHIBIT B, AGREE TO ALL TERMS AND
CONDITIONS HEREIN, 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 dispute resolution even if this section is not
agreed to by the parties.
EXHIBIT C_ -_OUR fNSURANCE
A. GENERAL LIABILITY INSURANCE. Vivint Solar Developer, LLC and Our affiliates carry commercial general
liability insurance written by Markel Insurance Company (A.M. Best No.: 002699 { NAIC No.: 35378 1
FEIN: 363101262). You may call Markel Insurance Company at 800.431.1270 to check Our insurance coverage.
A copy of our certificate of insurance is available below.
B. WORKERS' COMPENSATION INSURANCE. Vnnnt Solar Developer, LLC and Our affiliates carry workers'
compensation insurance for all employees written by Zurich American Insurance Company (MAIC t#: 16535) and
American Zurich Insurance Company (NAIC No.: 40142). You may call Zurich American Insurance Company and
American Zurich Insurance Company at 800.382.21.50 to check Our insurance coverage. A copy of Our certificate
of insurance is available below.
C. PROPERTY INSURANCE. Vivint Solar Developer, LLC and their affiliates carry property insurance for all Vivint
Solar properties written by GCube and ACE Amencan (Policy No. P15GR00701). You may call Diversified Insurance
Company at 801.325.5056 to check Our insurance coverage_ A copy of Our certificate of insurance is available
below.
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EcolibriumSolar
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Customer Info
Name:
Email:
Phone
Project Info
Identifier: 58659
Street Address Line 1: 34 Berkeley RD
Street Address Line 2:
City:
State: MA
Zip: 01845
Country: United States
System Info
Module Manufacturer: Trina Solar
Module Model: TSM 260-PD05.08
Module Quantity: 31
Array Size (DC watts): 8060.0
Mounting System Manufacturer: Ecolibrium Solar
Mounting System Product: EcoX
Inverter Manufacturer: SolarEdge Technologies
Inverter Model: SE760OA-US (240V)
Project Design Variables
Module Weight: 43.0 lbs
Module Length: 65.0 in
Module Width: 37.0 in
Basic Wind Speed: 100.0 mph
Ground Snow Load: 50.0 psf
Seismic: 0.0
Exposure Category: B
Importance Factor: II
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: 722 Ibf
EcoX Design Load - Upward: 765 Ibf
EcoX Design Load - Downslope: 297 Ibf
EcoX Design Load - Lateral: 233 Ibf
Module Design Moment — Upward: 3655 in -Ib
Module Design Moment — Downward: 3655 in -lb
Effective Wind Area: 20 ft2
Min Nominal Framing Depth: 2.5 in
Min Top Chord Specific Gravity: 0.42