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Building Permit #513-2016 - 43 UPLAND STREET 10/23/2015
TOWN OF NORTH ANDOVER APPLICATION FOR PLAN EXAMINATION Permit NO: ✓� Date Received Date Issued:ff�� 1 l,g IMPORTANT: Applicant must complete all items on this page LQCATIQN� _ �� C�01A' n` •. - .. ��' _ :a.. -sem .- - _ �. �z- - - � _ v e_ i 'FROPERTY OWNER - P intim 1009Year Old Structure yes nom M1 iMAP NO eco PARCEL ZQNFNG DISTRICT -- sHistonc District yes . noa WIChine.Shoo>Villaae> VPs nn TYPE. OF IMPROVEMENT. PROPOSED USE Residential Non- Residential _-"Jew Building j Bone family ❑ Addition ❑ Two or more family ❑ Industrial ❑ Alteration No. of units: ❑ Commercial ❑ Others: ❑ Repair, replacement ❑ Assessory Bldg ❑ Demolition ❑ Other ❑ Septic, . El We F'Floo.dplam; _ l 0 Wetlands Watershed�Distnct ❑ Water/Sewer.` A u a uMOLPM1r i 1UN Ur VIIUKK I U BE PERFORM D: i N 11 Ch i L®o-= mnu V-� - \1Q OWNER: Name AddrP„-.- CONTRACTOR” `IVamej - _— .. Pfo .— -- Address i � ��X � � �� U+,� 1 ���1��0 Supervisor s Construction iLlcense _ __. — �� Exp 10ate� �a Home: Improvement License'_k7_} `ALJ__ EzpDate 1 - r ARCHITECT/ENGINEER Phone: Address: Reg. No. FEE SCHEDULE: BOLDING PERMIT: $12.00 PER $1000.00 OF THE TOTAL ESTIMATED COST BASED ON $125.00 PER S.F. Total Project Cost: $ 2-1 FEE: $ Check No.: Receipt No.: 29' es - NOTE: Persons contractin 4gr unrfgisteyed contractors do not have access to the guaranty fund i...na ureo contractor _ s �Q g:_ Plans Submitted LJ Plans Waived ❑ Certified Plot Plan ❑ Stamped Plans .i� Plans Submitted 0 PI'ans-flUaived �.: -:.Certified Plot Plan 0 Stamped Plans TYPE ---OF SE WERAGE DI SEOSAL Public Sewer ❑ Tanning/Massage/Body Art ❑ Swimming Pools ❑ Well ❑ . Tobacco Sales ❑ Food Packaging/Sales ❑ Private:;(septic tank, etc._-❑ -.., :. -:Permanent D"umpster ori Site El -THE..FOLLOWING SECTIONS FOR OFFICE USE ONLY INTERDEPARTMENTAL SIGN OFF - U FORM DATE.REJEGTED DATEAPPROVED PLANNING & DEVELOPMEN7' -El Kel TZ TA CONSERVATION Reviewed on Signature COMMENTS HEALTH COMMENTS Reviewed on Signature Zoning Board of Appeals: Variance, Petition No: Zoning Decision/receipt submitted yes . a Planning Board Decision: Comments F Conservation Decision: :Comments Water & Semler Connection/Signature & Date Driveway Permit DPW Toiva! Engineer: Signature: Located 384 Osgood Street FIRE DEPARTM� �9T Tenip Duftster on site yes no Located -at 124jMair Street A;: r Fire Deparime�itsigi�afareldate _ 1 .COMMENTS—.. I -Dimension - Number of Stories: Total square feet of floor area, based on Exterior dimensions._ _Total land area; sq. ft. ELECTRICAL: Movement .of. Meter location, niast or service drop requires approval of Electrical Inspector Yes No DANGER ONE LITERATURE: Yes No MGL Chapter 166. section 21A --F and G min.$10041000fine B Notified for pickup - Date Doc.Building Permit Revised 2010 Building Department The fol03w ng is a=list of the required:forms to be filled outIor.:the appropriate. permit to` be obtained. Roofivg, Siding, Interior Rehabilitation Permits o ' Ruilding Permit Application ❑ Workers Comp Affidavit ❑ Photo Copy Of H.I.C. And/Or- C.S. L Licenses ❑ Copy of Contract ❑ Floor Plan Or Proposed Interior Work ❑ Engineering Affidavits for Engineered products NOTE: All dumpster. permits require sign off from Fire Department prior to issuance of Bldg Permit Addition Or Decks ❑ Building Permit Application ❑ Certified Surveyed Plot Plan ❑ Workers Comp Affidavit ❑ Photo Copy of H.I.C. And C.S.L. Licenses ❑ Copy Of Contract ❑ Floor/Crossection/Elevation Plan Of Proposed Work With Sprinkler Plan And Hydraulic Calculations (If Applicable) ❑ Mass check Energy Compliance Report (If Applicable) ❑ Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit New Construction (Single and Two Family) ❑ Building Permit Application ❑ Certified Proposed Plot Plan ❑ Photo of H.I.C. And C.S.L. Licenses ❑ Workers Comp Affidavit ❑ Two Sets of Building Plans (One To Be Returned) to Include Sprinkler Plan And Hydraulic Calculations (If Applicable) ❑ Copy of Contract ❑ Mass check Energy Compliance Report a Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit In all casts if a variance or special permit was required the Town Clerks office must stamp the decision from the Board of Appeals that the apo,?al period is over. The applicant must then get this recorded at the Registry of Deeds. One copy and proof of recording must be subWted with the building application Doc: Doc.Building permit Revised 2012 T.rr. 43 Location No. Date .a . - t TOWN OF NORTH ANDOVER: Certificate of Occupancy $ Building/Frame Permit Fee n Foundation Permit- Fee $ r OtherPermit Fee $ TOTAL $ , { 0 I Eq * l O U OC z U W U LU W O W aLn d N U Z a LL. z Z Q Z D Z z V p o m o Q Q W O J 2 U (7 °C m D J LL = E m J a) v L d W L ti O O Q +� Ln o vZ U \ U 'a L C t = -6 a+ C N to cp a1 OC O a C C O C O L O C LL O L U LL O K LL d' N N LL cr LL m yam., N N LL N O J O R a = v O •� cc cc � as wa c o U E W°j = �i E im W cc o @ 0 L ++ Cl) V d C Q J i N d i m a An O O t d Cc N N > O -0 > N Q C t O O cc QO c �z N2 �T, r .> o� Q n. d CD � m 0 E r L. ca 0 c CF) c Q i L - O 2 O Q N N O to 0 m CD cc O W = 'a O O {� D N C O W L- t) 4) i k - C.± m 0-0 y �. N = OO cc 0 O. 0 L) > Z m co Z W w CLX LLJH 5K w ui0- w a CD E Z D A� W •E CD v a N .CL U) r_ V CL U) rM1 L U) c c 0 CD C 0 0- O CL CL � Q CcM J -0 O O Z CL N c vwonl so l a r Structural Group Scott E. Wyssling, PE Senior Manager of Engineering October 16, 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 scoff. wyssling@vivintsolar.com Re: Structural Engineering Services Apperti Residence 43 Upland St, North Andover MA S-4667942 5.46 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 48". The attic space is unfinished and photos indicate that there was free access to visually inspect the size and condition of the 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 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 27 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. vivint. • . r..,Page 2 of 2 B. Loading Criteria 10 PSF = Dead Load (roofing/framing) 50 PSF = Live 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 Code 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, if installed correctly. C. Roof Structure Capacity 1. The photographs provided of the attic space and roof rafters show that the framing is in good condition with no visible signs of damage caused by prior overstressing. D. 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 1/2' 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 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 W', is less than the maximum allowable per connection and therefore is adequate. 4. Roof Section 1: 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 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, Scott E. Wysslin MA License No. V vivint. • . 0 0 3301 N Thanksgiving Way, Suite 500, Lehi, UT 84043 wownnlsol a r support@vivintsolar.com ( www,vivintsolar,com Phone: 877,404.4129 1 Fax: 801.765.5758 RESIDENTIAL SOLAR POWER PURCHASE AGREEMENT TRANSACTION OAT( 1SFRWE NO 4667942 ENERGY RATE (per kWh) 0/03/2015 . 119 CUSTOMER INFORMATION NAME (Fustwhyw, tee/ Albert TE(EP14ONC (978) 376-5462 NAME fort, &4&9r. Lastj Melissa TELEF"ONE PROPERTY INFORMATION (."AX mappertiOl @venzon.net f -MA& S7iRECIAODRESS 43 Upland St `f `Y North Andover COUNry Apperti SrATE MA I PROPERTY OWNER (aves ovo PROPERTY OWNER 0'es Qvo ZIP 01845 I DOCUMENTS THE AGREEMENT INCLUDES THE FOLLOWING DOCUMENTS: Power Purchase Agreement, including: • Exhibit A- Notice of Cancellation • Exhibit 8 - State Notices and Disclosures • the Customer Packet, and • the Work Order(s). vivint. • .: The Notice of Conceltotion moy be sent to this oddress: 3301 N Thanks$twng Way, Suite 500, Lehi, UT $4043 support@ovintsolar.com 1 wwwmvintsolar.com Phone: $77,404.4,129 1 Fax: $03.765.5758 RESIDENTIAL SOLAR POWER PURCIiASE AGREEMENT This RESIDENTIAL SOLAR POWER PURCHASE AGREEMENT (together with all documents expressly incorporated herewith, this "Agreement") 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", "Out) and the undersigned CUSTOMER(s) (together Your successors and permitted assigns, "Customer", "You", "Your"; together with Us, the "Parties", and each, a 'Party`). 1. Design, Installation, and Activation. (a) Description of the project and descri tp ion 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 property address set forth above (the "Property"), which will include all solar panels, inverters, meters, and other components (collectively, the "System'), as further described in the Customer Packet and the Work Order(s) that We will provide to You hereafter. All material portions of the System will be installed by Our employed technicians and electricians, and not subcontractors. 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 "Utfilty'); (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. (b) Approximate Installation Start and Completion 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 ©3/31/2©16 . (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 (as such term is defined in Section 3(a)). YOU ARE NOT ALLOWED TO TURN ON THE SYSTEM UNTIL VILE 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)(41 the "Term"). The Vlr Service Date" 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 (5) years at the Renewal Price (as described in Section 2(b)(ii)); (2) purchase the System (as described in Section 2(bibii)) and this Agreement will automatically terminate; or (3) have the System removed at no cost to You (as described in Section 2(b)(iv)) and this Agreement will automatically terminate. At least sixty (60) 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 bans (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 C pyrpht ; 2011 2G1 .,-i,.`,iii, _,t, . 1, c,••r L__ A+P�*-. D.•.e ._ I PPA 1512015 v3li 1 a,p,. determination of the then -current fair market value of the System (the "Renewal Price). 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 Section 2(b)( to purchase the System or to have the System re d' at no cost to You. (N) Purchase Option. The: urchase form will set forth the purchase price based on 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 (the "Purchase Option Price"). The appraiser's valuation will be provided to You in writing and 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 le 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. (y) 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 T14E SYSTEM. I/WE AGREE TO THE x. Mir FOREGOING AUTOMATIC RENEWAL PROVISION: 3. Price and Payment. (a) Sale gLE_11c_t_rJc_ity. (I) Sole, This Agreement Is for the sale of energy by Us to You and not for the sale of the System, the System Interests (as such term is defined in SgctigI2 46), 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 (the 'Energy''). Energy does not include the System Interests. (H) Price. For all Energy produced by the System, You shall pay Us soli -19f77 per kilowatt hour ("kW) (the "Energy PrIcle"), PLUS APPLICABLE TAXES. On each anniversary of the In - Service Date, the, Energy Price shall increase by two and nine -tenths percent (2.9%j. (ifl) 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 output, measured in kilo -watt hours, 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. (Ai) 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. We are 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 FOR ON EXHIBIT 8, WE DO NOT WARRANT OR GUARANTEE (1) THE AMOUNT OF ENERGY PRODUCED BY THE SYSTEM FOR ANY PERIOD, (2) ANY COST SAVINGS, OR (3) THE EXISTENCE OF ANY NET METERING PROGRAM, OR UTILITY OR GOVERNMENT INCENTIVE PROGRAM, (b) Ejxrnc=, (1) Invoicing, Beginning with the first (111) month following the In -Service, Date and each month throughout the Term, We will send 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 6(al . There is no financing charge associated with this Copyright C) 20112015 Vivint Solar Developer, LJ_C. All Rights Reserved. PPA (6/ 0115, v3.1} I Page 3 Agreement. (Ji) AutomoticPoyments. You shall make payments to Us by automatic payment deduction from Your designated checking account or by automatic charge to Your credit card. 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 Include a Five Dollar ($5) monthly discount for allowing 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). (iv) Late Payments. For all payments more than ten (10) days past due, We may impose a late charge equal to Fifteen Dollars ($15) and Interest at an annual rate equal to the lesser of ten percent (10%) or the maximum rate permitted by applicable law, plus applicable taxes. You agree that Your monthly payments, as well as any late charges incurred by You as described In this Section 3, may be electronically debited automatically from Your checidng account or charged to Your credit card. If You continue to fail to make any payment within ten (10) days after We give You written notice, then We may exercise all remedies available to Us pursuant to Section filb)JR). (v) Unconditional Payment You agree that the obligation to pay any amount due under this Agreement shall be absolute and unconditionaf, 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 heirs, 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 (b" ilii!, 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. 4. Our Services. (a) Ooerations, and _.M2jnt_e!2gnce'!During the entire Term of this Agreement, We will honor the limited installation warranty described below in StqLon_4 Jej, and We will operate and maintain the System (I) at Our sole cost and expense; (!I) in good condition; and (iii) In material compliance with all applicable laws and permits and the Utility's requirements. (b) LQjVa=. We carry commercial general liability insurance, workers' compensation insurance, and property insurance on the System. For more information concerning Our insurance, Including Our insurance coverage limits, and to obtain a copy of Our certificate of insurance, please visit4. www.vivintsolar.comfinsurance, (c) Risk of Loss: Ca2gplpi Lo25es. We shall bear ail risk of loss with respect to the System, except for lossesarising 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(bl If the System is damaged or destroyed by fire, storm, flood, earthquake, or other disaster or accident (each, a "CdsuaMy 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 condition, 'As Is, Where Is", to You for no additional consideration or remove the System from Your Property. (d) Disconnection of System. We may cause the System to be disconnected from any electrical "a I cilitfies, 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 Installation and Roof. Penetration Warranty. ranty. During the entire Term of this Agreement, under customary use and operating conditions, We provide a workmanship warranty that the System will be free from material defects in design and workmanship. When We penetrate Your roof during installation of the System, We warrant that all rooftop penetrations are watertight, This roof penetration warranty will run the longer of (I) one (1) year following installation of the System; (il) the length of any new construction homebuilder warranty for Your roof; and (iii) any period required by applicable law. (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 Copyight 0 201! 2015 Vivant Solar Cie-veloper, LLC. All Rights Rftefved PPA, (6f'2015, v3.1) 1 Page 4 is independent of the limited installation warranty described above In je_c_t_Joa_4_LqJ. 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 (h) during the first twenty (20) years of use, the modules' electrical output will not degrade by more than twenty percent (20%) from the originally rated output. The System's inverters carry a minimum manufacturer's warranty of ten (10) years against defects or component breakdowns_ Duringthe Term, We will enforce these warranties as owner of the System. (g) Exclusions and Disclaimer 2LWArranty. The limited installation and roof warranty set forth in Section 4(e) above, does not apply to and does not cover problems resulting from: (I) 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 Section 6(0,; (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 4(e) may be transferred to a third party. EXCEPT AS SET FORTH IN THIS SECTION 4 AND EXHIBITB. 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. OUR LIABILITY FOR ANY BREACH OF ANY WARRANTY 15 LIMITED TO REPAIRING THE SYSTEM OR YOUR PROPERTY TO THE EXTENT REQUIRED UNDER THIS AGREEMENT. YOU ACKNOWLEDGE THAT WE ARE RELYING ON THS 5ECII4N A(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) Metering. We will install performance meter(s) as needed to measure the Energy produced by the System (the "Mete!). We will collect performance data remotely or use Our personnel to collect the data. We will store such meter data throughout the Term and provide it to You upon Your reasonable request. 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 performance meters from time to time. if testing indicates that the meter is inaccurate by more than plus or minus five percent (±5%), then We will (I) repair and recalibrate the Meter, 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) The SMtem and the System Interests. (1) Our Ownership of the System and the System Interests. We shall own and hold all property rights in (1) the System; and (2) any credits, rebates, incentives, at noes, or certificates that are attributed, allocated, or related to the System, the Energy, or environmental attributes thereof (collectively, the 'Sy5tem lnteresW). You hereby disclaim and, if appikable, 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 (B) 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 all any omission that could have the effect Copyright 0 2011.2015 Vivint Solar Developer, LLC All RThts Reserved PPA (612015. 0-1) 1 Page 5 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. (H) Personal 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. (id) Notices of System Ownership. 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 and fixture filings. Upon termination of this Agreement, each such filing will be terminated. You understand that the Systern shall be marked and identified as Our property. S. Customer Obligations. (a) Representations 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); (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, and (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. You understand that any mistake, misrepresentation, or omission in this Agreement made by You is a material breach of this Agreement and entities Us to the remedies provided for in SgqigajkftWi . 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) Ex gjpg, -yjgljt2.Q,A --and. QD&ffigM. 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. (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) install, operate, and maintain the System throughout the Term, (ii) enforce Our rights as to this Agreement and the System and the System Interests, and (iii) 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.. (e) Modifications after Install. 14 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. (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 5 ,fiej. After the fifth (51) anniversary of the In Service Date, if You provide Us with 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 "CustomefuReqvwted S&4*wfl. 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 Shutdown; and (3) pay the Shutdown Payment if the System is not reinstalled within thirty (30) days of Copvf,,qh,1 0 2011.2015' eArit Solar Do-r-Veloper, LLC. All Rights Reserved PPA (612015, v3.1) 1 Page 6 7('ICE OF CAACELtATION AN SECTIONS 5(nJ, kX AND fiLcl YOU ARE N ALLOWED TO TERMINATE OR 1CANCEL TH AGREEMENT PRIOR TO THE END OF THE TER Required Changes, If You, the Utility, or a governmental agency requires (1) any change to th Svstern after its instatiati.. �arts and labor cha , es, r i ithat We or other charge in relation to the System or th Aireement after the In -Service Date, then You shall: - charge (including any taxes under Section 5(k)). (f) Insolation. You acknowledge and agre that the System's unobstructed access to sunfig ("Insolatiolf ) is essential to Us and is a mated inducement to Our enterintintot"reernent. At a times during the Term, You shall not cause, permit, Your control that could adversely affect Insolati including (without limitation): (i) any materi alteration of Your Property where the System installed; (ii) the installation of any stru re, or an 1 .............. other obVw_iL-*s-i#- foliage; or (iv) the emission from Your Property particulate matter, smoke, fog, steam or any oth airborne impediments that materially affectinsolatio that shading of Your roof and the System is no wors than on the Transaction Date. If You become aware any potential development or other activity o adjacent or nearby properties that could diminish th Insolation, You shall promptly notify Us and sha cooperate with Us in reasonable measures We m take in an attempt to preserve existing levels Insolation. Notwithstanding any other right or remed provided in this Agreement, You agree that We w"Vo - be irreparably harmed by Your breach of You obligations under this Section and that an award damages would be inadequate to remedy such breach, and that therefore We shall be entitled t equitable relief, including specific performance, t, compel Your compliance with the :provisions of thi Section, without proof of any damages or posting arty bond or similar security, (9) Your ftgg . You are responsible • ensure that Your Property (including all electric systems and the roof) is maintained i condid• and repair. It is Your responsibility to remove protect any personal property or fixtures (includin but not limited to, decorations, furniture, vehicle plants, and other valuables) in the areas of Our wo and the locations surrounding the System. We are n responsible for damages or loss of said items wheth caused by Our personnel, equipment, or natur causes (including, without limitation, damage caus by snow failing from Your roof). (h) Use of the System. You shall use the Ener from the System primarily for personal, family, household 2uEp.o-ses, but not to heat a swimming, pso, grid -connected to the Utility. (i) Broadband Internet Connection. You mu provide the System with continuous access to functioning broadband internet connection with on - U I wired Ethernet as and standard electrical oud dt VVEr UoYL VtUr, rJTfYo maintain t)roaa anci intern or electrical connection for a period of time, We m (i) charge You the Shutdown Payment, and (ii) estimate any performance guarantee payment. 0) Authorizations. Prior to installation of th System, You shall obtain from Your mortgagee, hom owners' association, or any other person with a interest in Your Property all authorizations necessa for Us to install, operate, and maintain the Syste T manner may result in termination of this Agreement. You will pay all taxes assessed on arising from installation or operation of the Syste including any, transaction rivilesn. general - sales or other transaction -based taxes on the Energ produced by the System, and any real or person property taxes on the System that Your loc jurisdiction may levy. (4) FurtbeE 6212L4=. Upon Our reques Us in obtaining: (1) any application, agreement, o other document necessary for Us to obtain any Syste Interests; (ii) any permits, interconnection, ne metering agreements, and other documents require by the Utility,- (iii) any document necessary to veri Our ownership interest in the System and Syste Copyright C 2011. •2015' vAnt Sdar Developer, UC. All Righm r°d_PPA (612015, v3-1) 1 Page 7 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 5!gctio12 5(l) by adding any information necessary_ (m} Duty Lo 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)ji), In the event of an emergency affecting theSystem, 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 Proge!1y. You are required to notify Us.thirty (30) days prior to any sale or transfer of Your Property. When notifying Us, You will be required to provide the following information: the name of the person buying Your Property or the transferee (the "Propeity rfarA~), the anticipated date of the sale or transfer, and any additional information We reasonably request. if the Property Transferee meets Our credit qualifications, then (where permitted by the Utility and applicable law) 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 transferee agreement. YOU ACKNOWLEDGE AND AGREE THAT UNTIL THE PROPERTY TRANSFEREE HAS SIGNED THE TRANSFER AGREEMENT AND WE HAVE ACCEPTED THE PROPERTY TRANSFEREE THEREUNDER, YOU SHALL REMAIN RESPONSIBLE FOR ALL OBLIGATIONS IN THIS AGREEMENT. Alternatively, if We determine that the Property Transferee is not adequately creditworthy to assume Your obligations under this Agreement, or the Property Transferee refuses to assume Your obligations under this Agreement, We may terminate this Agreement on written notice to You and You will be obligated to pay to Us an amount equal to Four Dollars ($4) per watt installed, subject to a reduction of five percent (5%) per year (eg., in year 20, the Transfer Payment will be $1.56 per watt installed), plus applicable taxes (the 'rrain*rPayMeff). After You pay to Us the Transfer 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. Notwithstanding any other provision in this Agreement, if the proposed transfer of Your Property to the Property Transferee is a lease or other transfer the, is not a fee simple sale, You will remain responsible for performance of Your obligations under this Agreement. You agree that the death of all Customers hereunder shall be deemed a transfer of Your Property, and We will work with Your successors and heirs to transfer this Agreement under this Section 51rn1. 6. Special Circumstances. (a) S y5tern Shutdowns. (l) 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, which are not under Our control, whether or not under Your control, may interfere with the safe operation of the System (a '-Sifay _Zurdowtf). During the pendency of a Safety Shutdown, You will pay Us the Shutdown Payment. (H) 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. flv) Shutdown Payment, The 'Shu asst POMMF shall equal the sum of (1) payments of the Energy Price that You would have made to Us as described in Section 3(al 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 Copyright 0 2011. 2015 Want Solar Developer, LLC. All Rights Reserved. PPA (612015, vJ. T 1 Pay, 8 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 wdl not be charged for Shutdown Payment when the System is not producing Energy due to Our fault If a shutdown pursuant to Section .5f e) or this Section 6 JaJ 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,fi) Customer Default- A "OistomerDefatilf' 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. (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) place a lien on Your Property; (S) engage a collection agency to collect payments from You; (6) report Your default to credit reporting agencies; (7) suspend Our performance under the Agreement; andler (8) exercise any other remedy available to Us In this Agreement or under applicable law. Sellet's remedies set forth in this Section 6(t)(Jl) are cumulative and not exclusive. (id) Seller Defoult. A' 1 tilt' 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 (x) the actual costs to remove the System, if We fail to remove the System from Your Property pursuant to Section 6(c) and (y) any damages to Your Property resulting from the removal of the System by its or Our contractor. (v) Default Payments. If this Agreement is terminated for any reason, other than pursuant to the Notice of Cancellation, Section 6(d1, Ll or a Seller Default, You will pay to Us the Default Payment. The ODe&uk Paymee shall bean amount equal to Seven Dollars ($7) per watt installed, subject to a reduction of five percent (5%) per year (e.g., in year 20, the Default Payment will be $2.68 per watt installed), plus applicable taxes- 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 writ—ten 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 Ston �2.b Section 5(n , or Lection 6 bj 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, (U) Termination by Customer, You may terminate this Agreement (1) pursuant to the terms of the Notice of Cancellation, or (2) upon a Seller Default. (d) Egirce b6AilUM 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 Copyright 0 2011.2015 Vmnt War Nveloper, LLC All RigNs Reserved- PPA (6120.15, 0. 1) 1 Page 9 suspension of such obligations is of no greater scope and of'no longer duration than is required by the Force Majeure Event. "ANM Majwre Evwf' 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. Most customer concerns can be resolved quickly and amicably by calling Our customer service department at 877.404,4129. If Our customer service department is unable to resolve Your concern, You and We agree to resolve any Dispute (as such term is defined below) through binding arbitration or small claims court instead of courts of general jurisdiction. BY SIGNING BELOW, YOU ACKNOWLEDGE AND AGREE THAT (1) YOU ARE HEREBY WAIVING THE RIGHT TO A TRIAL BY JURY; (2) YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND (3) T14E FEDERAL ARBITRATION ACT (9 U.S.C, § I et seq.) GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION, Except for claims brought in small claims court, You and We agree to arbitrate all disputes, claims, and controversies arising out of at 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 at any other agreement concerning the subject matter hereof; (N) 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 6(e) (each, a 'UspuW). 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. If You elect to commence arbitration or file a claim in small claims court, the Notice of Dispute must be sent to VIVINT SOLAR DEVELOPER, LLC, 3301 N Thanksgiving Way, Suite 500, Lehi, LIT 84043, Attn-. Legal Department. if We elect to initiate arbitration or file a claim in small claims court, 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. 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: ht—tp-//www-jamsadr.com, the '"JAMS Rules"') and under the rules set forth in this Agreement. Any claim against a state home improvement guarantee fund (including under Maryland Code § 8-405(c)) by You shall be stayed until the completion of any mandatory arbitration proceeding. The arbitrator shall be bound by the terms of this Agreement. No matter the circumstances, the arbitrator shall not award punitive, special, exemplary, indirect, or consequential damages to either Party or any other award inconsistent with the limitations set forth in jectioQ 7 a . Wrm for less fan $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, If You are required to pay a filing fee, 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 make a settlement offer Copyr,ght 0 2011-2015V,virA Solar Devefoper. LLC All Righ"Resen-_d PPA (61,1015, v3.11; I Page 10 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. 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. 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. 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. Nothing in this Section 6(e) shall preclude You or We from seeldng provisional remedies in aid of arbitration from a court of competent jurisdiction. NOTICE: BY INITIALING IN THE SPACE 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 FEDERAL AR81TRATION ACT 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 INITIALING IN THE SPACE 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 SUBMITTO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE FEDERAL ARBITRATION ACT 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 THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION. VWE AGREE TO ARBrMTION )44 f4 AND WANE THE RIGHT TO A mina,;; JURYTRIAL 10MM116 10/0W015 ooe,- (q gj�v rping Law. 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, 7. Miscellaneous., (a) Limitation of 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; (R) 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; (1v) 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 fails to operate proper-ly, 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 THIS AGREEMENT SHALL IN NO EVENT !EXCEED CEED THE DEFAULT PAYMENT. YOU AND WE AGREE THAT THIS AMOUNT IS A FAIR REPRESENTATION OF THE DAMAGES THAT YOU OR WE EXPECT TO INCUR INTHE 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 IMPOSED BY LAW, OR Copvnght 0 2011 201,5 Vivant Solar Developer, UC, All Rights Reser.*d PPA (612015, vll) I Page 11 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 CLAD FOR ANY SUCH DAMAGES, WHETHER OR NOT ACCRUED AND WHETHER OR NOT KNOWN OR SUSPECTED TO EXIST IN YOUR FAVOR, YOU FURTHER AGREE THAT 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) AS A 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 " CovemdPerstff) 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 that 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) Subrogation. You agree to release all Covered Persons from any claims of any parties suing through Your authority or in Your name, such as Your insurance company, and You agree to defend Us against any such claim, YOU AGREE TO NOTIFY YOUR, INSURANCE COMPANY OF THIS RELEASE. (d) Amendments and Waivers, This Agreement may only be amended or modified by an Instrument in writing signed by both You and Us. (e) E12tire agreement. This Agreement, the Customer Packet, the Work Order, 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. (f) Our Transfer. We may assign, sell, or transfer (in whole or in part) this Agreement, the System, or the System Interests without Your consent 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. (g) Binding Effect. This Agreement shall be binding upon and inure to the benefit of You and Us and Our and Your respective heirs, 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. (h) 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 forth in this Agreement or to such other address as any Party may designate from time to time by written notice to the other Party. (i) Survival. After termination or expiration of this Agreement, any provisions which by their nature are intendedto survive such termination or cancellation shall survive, including (without limitation) Sections 2fbl. 14Ldl (gt (i), 5 6 and ,and Exhibs A and B attached hereto. 0) Severabili , 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. Copyr'ght 0 2011 2015 V+v.nt Spar #Duro oiler, LCL All Runts Reserved. PPA (612015, vJ, xi I Page 12 M Cmimp—m. This Agreement may be executed in one or more counterparts, and all such counterparts shall be deemed to constitute one instrument. A facsimile or portable document formt ("pdf ") shall constitute an original for purposes hereof. (1) Publicity You hereby authorize Us to use Your and Your Property's voice, photograph, video, and likeness in print media, radio, television, e-mail, social media, web materials, and' any audio or video recording; provided that We agree that We will not disclose any of Your personally identifying information (except as provided in Section 7(m) . You waive and forever release Us for any Dispute relating to or arising out of this Sgjign-70, (m,) Ccadij Cbeck. 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; (ii) to report Your payment performance under this Agreement to credit reporting agencies; and (iii) disclose this and other information to Our affiliates and actual or prospective lenders, financing parties, investors, insurers, and acquirers. (SIGNATURE PAGE FOLLOWS) Copyrtght 0 2011 2015 Vivint Solar Developer. LLC All Rigr—zs Keiervred. PPA (6120-15, v3.1) I Page 13 NOTICE TO CUSTOMERS A. LIST OF DOCUMENTS TO BE INCORPORATED INTO THE CONTRACT: i. Residential Solar Power Purchase Agreement, ii. Exhibit A - Notice of Cancellation, iii. Exhibit B - State Notices and Disclosures, iv. Customer Packet, and v. Work Order(s). These documents are expressly incorporated into this Agreement and apply to the relationship between You and Us. B. IT IS NOT LEGAL FOR US TO ENTER YOUR PREMISES UNLAWFULLY OR COMMIT ANY BREACH OF THE PEACE TO REMOVE GOODS INSTALLED UNDER THIS AGREEMENT. C. 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. D. YOU RISK THE LOSS OF ANY PAYMENTS MADE TO A SALES REPRESENTATIVE. E. DO NOT SIGN THIS AGREEMENT If THIS AGREEMENT CONTAINS ANY BLANK SPACES. You are VLVINTSOLAR DEVELOPER, LLC Mckenzie Watts Printed Nam Salesperson Na.: 103254 entitled to a completely filled In copy of this Agreement, signed by both You and Us, before any work may be started. F. YOU MAY CANCEL THIS TRANSACTION AT ANYTIME BEFORE THE LATER OF: (1) MIDNIGHT OF THE THIRD (3RD) BUSINESS DAY AFTER THE TRANSACTION DATE, OR (II)THE STARTOF INSTALLATION OF THE SYSTEM OR ANY OTHER WORK DONE BY VIVINT SOLAR DEVELOPER, LLC 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, L.EHI, UT 84043, ATTN: PROCESSING DEPARTMENT. SEE THE ATTACHED NOTICE OF CANCELLATION FOR AN EXPLANATION OF THIS RIGHT. THE LAW REQUIRES THAT THE CONTRACTOR GIVE YOU A NOTICE EXPLAINING YOUR RIGHT TO CANCEL DO NOT SIGN BELOW UNLESS THE CONTRACTOR HAS GIVEN YOU A `NOTICE OF THE THREE-DAY RIGHT TO CANCEL` G_ You have the right to rewire us to have a performance and payment bond. CUSTOMER(S): A Primed Name: Albert Apperti Pr+nred FJanre: Melissa Apperti Federal Employer ID No.: 80.0756438. State and Local License Nos.: AZ: ROC -288627; CA: C46/00-973756; CO: EC -01.00200; CT: HIC•0634382, ELC0189635-E1; OE: T1-0006038; FL: EC13006740; HI. C13 -CT -33444; LA: 'EC -59753; MA. HIC-170848, EC -1.3141A; MD: HIC-130385; NJ: HIC-13VI°106589300, EC-34EB01108500; NM: CE98-385223; NV: EC -0080170; NY: Nassau Co. H24099100, Putnam Co. PC6914, Rockland Co. H-11972-40-00-00, Suffolk Co. 51228-H, 49592 -ME, Westchester Co. 26664-1-114; OR: CCB -196558, BCD-CLR28; PA: HIC-089970; UT: S200/S202-8694003-5501; Washington DC: HIC-420213000052, ECC -903277. Cupyr Vht r, 201 � 201 .'e v- Sohl 7e—•1.. p -;r L. - A" Pei =,• .s nv i r A b201I : v i , ' Paps; 1•, l(customer Copy) Tronsoction Dote: 10/03/2015 Service No.: IRS Customer's Signature. - Copyright 0 2011.2015 Vivint Solar Devebmf, LLC. All Aigt4s Reserved PPA (612015, v3J) I Pare 17 Tronsoction Dote: 10/03/2015 Service No.: � # : � • # y+� # 'fi`r anYi t a ' a d� � r � . � t, r , i E" + • : f ! :i ` �., i F.i i4 t s � ami 1 x s ,¢�.: i i s y.. j� � �. 4 • i a. :� i � ,.,., � ,t ! - .' � ♦ #'��#. r. ; .ems, � # z t % ! : Y. �... r is _ s •arr a �: � • + • � •l�� a � .; 7# Copyright 0 2011-20-15, 'Jivin-, Sour Developer,LLC. All Rights PPA MV201.5. 0.1, j Page 18 Y •q' V 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 PARD PLAZA, SUITE 5170, BOSTON, MA 02116, 617.973.8700 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. NOTICE: The signatures of the parties below apply only to the dispute resolution initiated by the contractor. The owner may initiate alternative dispute resolution even where this section is not separately signed. VIVINTSOLAR DEVELOPER, LLC By: Aoru*T� Printed Name: Mckenzie Watts Salesperson No.: 103254 M • BY: . 01"O'm C64V-A Printed Name: Albert Apperti a Printed Name: Melissa Apperti ' EcolibriumSolar Customer Info Name: Email: Phone: Project Info Identifier: 53405 Street Address Line 1: 43 Upland St Street Address Line 2: City: North Andover State: MA Zip: 01845 Country: United States System Info Module Manufacturer: Trina Solar Module Model: TSM 260-PD05.08 Module Quantity: 21 Array Size (DC watts): 5460.0 Mounting System Manufacturer: Ecolibrium Solar Mounting System Product: EcoX Inverter Manufacturer: SolarEdge Technologies Inverter Model: SE6000A-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: 11 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 -Ib Effective Wind Area: 20 ft2 Min Nominal Framing Depth: 2.5 in Min Top Chord Specific Gravity: 0.42 r v � Plane Calculations (ASCE 7-10): Roof 1 Roof Shape: Gable Roof Type: Composition Shingle Average Roof Height: 25.0 ft Least Horizontal Dimension: 44.0 ft Roof Slope: 27.0 deg Truss Spacing: 16.0 in Snow Load Calculations Edge and Corner Dimension: 4.4 ft Stagger Attachments: Yes Include Snow Guards: No EcolibriumSolar Description Interior Edge Corner Unit Flat Roof Snow Load 42.0 42.0 42.0 psf Slope Factor 0.79 0.79 0.79 psf Roof Snow Load 33.2 33.2 33.2 psf Wind Pressure Calculations Description Interior Edge Corner Unit Net Design Wind Pressure Uplift -19.4 -31.9 -47.9 psf Net Design Wind Pressure Downforce 11.4 11.4 11.4 psf Adjustment Factor for Height and Exposure Category 1.0 1.0 1.0 psf Design Wind Pressure Uplift -19.4 -31.9 -47.9 psf Design Wind Pressure Downforce 16.0 16.0 16.0 psf ASD Load Combinations Description Interior Edge Corner Unit Dead Load 2.6 2.6 2.6 psf Snow Load 33.2 33.2 33.2 psf Downslope: Load Combination 3 14.6 14.6 14.6 psf Down: Load Combination 3 28.6 28.6 28.6 psf Down: Load Combination 5 11.9 11.9 11.9 psf Down: Load Combination 6a 29.3 29.3 29.3 psf Up: Load Combination 7 -10.3 -17.8 -27.4 psf Down Max 29.3 29.3 29.3 psf Spacing Results (Landscape) Description Interior Edge Corner Unit Max Allowable Spacing Between Attachments 62.4 62.4 62.4 in Max Spacing Between Attachments With Rafter/Truss Spacing of 16.0 in 48.0 48.0 48.0 in Max Cantilever from Attachment to Perimeter of PV Array 20.8 20.8 20.8 in Spacing Results (Portrait) Description Interior Edge Corner Unit Max Allowable Spacing Between Attachments 43.7 43.7 43.7 in Max Spacing Between Attachments With Rafter/Truss Spacing of 16.0 in 32.0 32.0 32.0 in Max Cantilever from Attachment to Perimeter of PV Array 14.6 14.6 14.6 ' in EcolibriumSolar Layout Skirt o Coupling O Clamp 0 Bonding Jumper Note: If the total width of a continuous array exceeds 35 ft, break array to allow for thermal expansion and contraction. See Installation Guide for details. Warning: PV Modules may need to be shifted with respect to roof trusses to comply with maximum allowable overhang. EcolibriumSolar Roof Weights In Conformance with Solar ABC's Expedited Permit Process Module Quantity: 21 Weight of Modules: 903 lbs Weight of Mounting System: 92 lbs Total Plane Weight: 995 lbs Total Plane Array Area: 351 ft2 Distributed Weight: 2.84 psf Number of Attachments: 46 Weight per Attachment Point: 22 lbs EcolibriumSolar Bill Of Materials Part Name Quantity ECO -001_101 EcoX Clamp Assembly 46 ECO -001_102 EcoX Coupling Assembly 25 ECO -001_1056 EcoX Landscape Skirt Kit 0 ECO -001_105A EcoX Portrait Skirt Kit 6 ECO -001_103 EcoX Composition Attachment Kit 46 ECO -001_116 EcoX Flat -Tile Flashing 0 ECO -001_117 EcoX S -Tile Flashing 0 ECO -001_118 EcoX W -Tile Flashing 0 ECO -001_363 EcoX Lower Support - Tile 0 ECO -001_109 EcoX Electrical Assembly (optional) 1 ECO -001_106 EcoX Bonding Jumper Assembly 5 ECO -001_104 EcoX Inverter Bracket Assembly 0 ECO -001_338 EcoX Connector Bracket 0 ECO_001-359 EcoX Lower Support - Low Slope 0 43 Upland St, North Andover MA 01845 I I I '1�17 �I < I � < I oCn Cn �o=� I m $ XZ I I -------------- �mrm� C-) c �S i m r-- Omm0 z i � A v O FD �i� I I � I I ' I 1 I � I N T V p O O O O O CO I n < 0 O 2 I Cpor m x> xs 1 m ❑ z C 0 m I Cl) 20 n 500 I o0 ma mD I ()>O T O O 0 D O T O I I I r I I I z= D i INSTALLER: VIVINTSOLAR O O Apperti Residence K m SITE m m INSTALLER NUMBER: 1.877.404.4129 M OW DIM 1.0 ED Mm MA LICENSE: MAHIC 170848 v V LI LI�O solar 43 Upland St P9 North Andover, MA 01845 PLAN DRAWN BY: KH AR 4667942 Last Modified: 10/16/2015 UTILITY ACCOUNT NUMBER: 91009-19005 L � OO O OD OO N o V C tD ^T 0 rn0 N -4 W 0 K A A O Nt 0 O-4 m OA C: z z i r O � ar C co cor z 0 m O 1 zEl � m Z 0 3�m 0CO0(, --D A (>) m Z Dr < it N r - m C _ 3 w � m m j m II � o O O m r D z C i D= INSTALLER: VIVINT SOLAR O O INSTALLER NUMBER: 1.877.404.4129 i�� Appel li Residence m m m ROOF m �� a r 43 Upland St PV 2.0 m V V v v �J tri/ MA LICENSE: MANIC 170848 O P-9 PLAN North Andover, MA 01845 UTILITY ACCOUNT NUMBER: 91009-19005 DRAWN BY: KH I AR 4667942 Last Modified: 10/16/2015 a C: D r00 DO< D n o m-0 O z+ r 0 mho Cn p r D r 0 Sn m n r �r to m -0r';0 :iJ Z- -� OG)� _ -nm� Z �z o z�K r7 00 0 O in �-0z0z D000 zm m71 --i -0 W D Z O p Knm 0 K 0 r 11 C) D 0-0 r-4 -0� ! 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3cm� c N 0 O �o o m A < > m Tloc Cn c° 0= Rocca 3�coc', D v 'zm aW 7 �C Gi7cn 0 3 v m o 0 CD R n<" CD E X << C c m m N d m coD d0 0 CD n O Q c O m CD OINi c0 Cl) c 4l CD c tv 0 3 C�OoX DOOZX 0�� o ci -= m 0 0 03 n c�=oG(n mZ�cn �v� N < m� p Z'C�oZ ��ZZ � Q M0Z>O No�nG OD U) m 0 O 0D -1D o0 �C�n DN o 0 uni Cep mN = U m - a) 0 ODDo n'icnrv00o �DCNna� n Cn Cn oCD o > �� < 0�2 <D<D o H c M K m D = 3 -LINE m m INSTALLER: VIVINT SOLAR �{Y� ������ � �� gpperti Residence INSTALLER NUMBER: 1.877.404.4129 E 1.0 m v 43 Upland St MA LICENSE: MAHIC 170848 m p DIAGRAM North1 A DRAWN BY: KH I AR 4667942 Last Modified: 10/16/2015 UTILITY ACCOUNT NUMBER: 91009-19005 yi- 1 fir. x ai+" f - � ♦ � r ��:.a ay 1� -- '. • M 1 •A ,f mR' i � v1 � • • c _ "Ttw � . � A i�`+• ��i mac.. � �. �ir � . � / e �g, t�' j {�Ip.s , a' �I,� • • � ;� �� .,s . s may,., .� i i a {i. y 1 +3 ` �,,�{ � • yyiy7y[i µ � r Ali lop # {�Aq * r a DESIGN •V • / / • 11 P am , • I t / 1•. •� 1 1 • /1• •11 �`� E® CERTIFICATE OF LIABILITY INSURANCE DATE(MM1DD/YYYY) 01/05/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER - MARSH USA INC. 122517TH STREET, SUITE 1300 CONTACT NAME' a/cC No Ext): FAX No): DENVER, CO 80202-5534 Attn: Denver. CertRequest@marsh.com I Fax: 212-948-4381 ADDRESS: 11/01/2014 11/01/2015 INSURERS AFFORDING COVERAGE NAIC # INSURER A : Evanston Insurance Company 35378 MED EXP (Any one person) $ 5,000 INSURED Vivint Solar Developer LLC 3301 North Thanksgiving Way INSURER B: Zurich American Insurance Company 16535 INSURER C: American Zurich Insurance Company 40142 Suite 500 Lehi, UT 84043 INSURER D 1 $ B INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: SEA -002524287-01 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. /POLICY CTR TYPE OF INSURANCE INSR WVD SUER POLICY NUMBER MM/LDI DY EFF EXP MM/DD/YYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE M OCCUR X 00 Ded. BI & PD $5,0 14PKGWE00274 11/01/2014 11/01/2015 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 50,000 PREMISES Ea occurrence $ MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICYFX] PRO- JECT LOC PRODUCTS - COMP/OP AGG $ 2,000,000 1 $ B AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS X NON -OWNED AUTOS BAP509601500 11/01/2014 11101/2015 COMBINED sINGLE LIMIT 1,000,000 Ea accident $ BODILY INJURY (Per person) $ BODILY INJURY (Per $ er accident) PROPERTY DAMAGE $ Per accident $ A X UMBRELLA UAB EXCESS LIAB X OCCUR CLAIMS -MADE 14EFXWE00088 11/01/2014 11/01/2015 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED RETENTION $ $ C B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICERIMEMBER EXCLUDED? a (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A WC509601300(CA,HI,MD,NJ,NY,OR,UT) WC509601400(MA) 11/01/2014 11101/2014 11/01/2015 11/01/2015 X I WC sTATIU oTH- CRY L M 7 E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE$ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Errors & Omissions & Contractors Pollution 14PKGWE00274 1110112014 11/01/2015 LIMIT 1,000,000 DEDUCTIBLE 5,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) VCK I Irm m I C MULUCK GANGCLLA I IUN Town of North Andover 1600 Osgood St. Building 20 Suite 2035 North Andover, MA 01845 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Kathleen M. Parsloe m.w, @ 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 5 (2010/05) The ACORD name and logo are regist r d marks of ACORD l:' the Commonwealth of Massachusetts — "" ice of Investigations ' 1 Congress street, suite .100 Boston, AU 02114-2017 ~v. mass golf/ilia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers applicant Information_ Pique Pricat Legibly Name (Business/Organization/individual): Vivant Solar Developer, LLC Address: 3301 North Thanksgiving Way, Suite 500 Citv/Stategi : Lehi, UT 84043 Phone #:801-377-9111 Are you an employer? Check tate appropriate box: 1.0 I am a employer with IQ 4. ❑ I am a general contractor and I 'Type of project (required): employees (full and/or part-time).* have hired the sub -contractors b. ❑ New construction 2. ❑ I am a sole proprietor or partner- listed on the attached sheet_ 7. 0 Remodeling ship and have no employees These sub -contractors have 8. [] Demolition working for me in any capacity. employees and have workers' 9. ❑ Building addition [No workers' comp. insurance comp. insurance. required.] 5. ❑ We are a corporation and its 10.❑ Electrical repairs or additions 3. ❑ 1 am a homeowner doing all work officers have exercised their 11.0 Plumbing repairs or additions myself. [No workers' comp. right of exemption per MGL 12.❑ Roof repairs insurance required.] t c. 152, § 1(4), and we have no employees_ [No workers' 13.N Other Solar Installation comp. insurance reauired.l *Any applicant that checks box #i 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 anew affidavit indicating such. tContractors that check this box must attached an additional sheet showing the name of the sub -contractors and state whether or not those entities have employees. If the sub -contractors have employees, they must provide their workers' comp. policy number. I am aro employer that is providing workers' compensation insurance for my employees. Below is the poPicy and job site information. Insurance Company Name: Zurich American Insurance Company Policy # or Self-ins.Lic. #: WC 509601300 Expiration Date: 11/112015 Job Site Address:,�-:b Qaan d �� City/State/Zip: iV -4yrlo wo. 0) Attach a copy of the workers' compensation policy declaration page (showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to $1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to $250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify under the pains and penalties of perjury that the information proFidetf above is true and correct. Or - D � 0 I'Z�4 Sip -nature: atg: Phone #: 801-2296459 Official use only. Do not write in this area, to he completed by city or town official_ City or Town: Permit/License # Issuing Authority (circle one): I. Board of Health 2. Building Department 3. City/'Town Clerk 4. Electrical Inspector 5. Plumbing Inspector 6.Other, Contact Person: Phone #: Office Consumer Affairs nd Business Regulation 10 Park Plaza - Suite 5170 .--------Beston;--M--as-s-ac-hu-set-ts-0211-6------- Home Improvement Contractor Registration Registration: 170848 Type: Supplement Card NAVINIT SOLAR CA /C'l Expiration: 1/5/2016 OPER C: LLC. JAMES SHERMAN 4931 NORTH 300 WEST PROVO, UT 84604 SCA 1 0 20M-05/11 Update Address and return card. Mark reason for change. [] Address 0 Renewal F, Employment [j Lost Card .1 .MEAL Massachusetts - Department of Public Safety Board of Building Regulations and Standards Construction Super -,icor License: CS -04'5254 J&WS R.'RERMAN 6 Fox RoIllow DriieA SAUGUS MA 0191% Vw v f Expiration Commissioner 08f2812016