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HomeMy WebLinkAboutBuilding Permit #746-16 - 49 MEADOWOOD ROAD 12/15/2016/At� �1��NpRT� \\\///BUILDING PERMITptri l%-5�-' N TOWN OF NORTH ANDOVER -"_ APPLICATION FOR PLAN EXAMINATION Permit N0: Date Received Date Issued: 15 Dec 2016 �9SSACHUS�� IMPORTANT: Applicant must complete all items on this Date LOCATION 49 Meadowood Rd, North Andover, MA 01845 ii Print PROPERTY OWNER Beth Barwick Print MAP NO:02-5 PARCEL .2 ZONING DISTRICT: Historic District yes in X Machine ShoD Villaae ves X TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential ❑ New Building ❑ One family ❑ Addition ❑ Two or more family [I Industrial X Alteration No. of units: ❑ Commercial ❑ Repair, replacement ❑ Assessory Bldg ❑ Others: ❑ Demolition ❑ Other ❑ Septic ❑ Well ❑ Floodplain ❑ Wetlands ❑ Watershed District ❑ Water/Sewer Roof mounted solar pv array 3.24 kW (12 panels) Identification Please Type or Print Clearly) OWNER: Name: Beth Barwick Phone:978-688-0747 Address: 49 Meadowood Road, North Andover, MA 01845 CONTRACTOR Name: Aaron Katz Phone: 888-9974469x705 55 Sewall Ave, Brookline, MA 02446 Address: Mailing Address: 69 Milk St, Suite 308, Westborough, MA 01581 Supervisor's Construction License: Exp. Date: CSFA- 106067 (R) Home Improvement License: Exp. Date: 182102 ARCHITECT/ENGINEER Phone: Address: Reg. No. 12/08/2016 05/20/2017 FEE SCHEDULE. BULDING PERMIT. $12.00 PER $1000.00 OF THE TOTAL ESTIMATED COST BASED ON $125.00 PER S.F. Total Project Cost: $12690 FEE: $ I Z -- Check No.: Io-� i Receipt No.: NOTE: Persons contracting with unregistered contractors do not have ac ess to the guaranty fund nature of Aaent/Owner nature of contractor /-7--\--- 4 7--\— -- t r w 1 Plans Submitted Plans Waived ❑ Certified Plot Plan F1 Stamped Plans F1 TYPEOF SEWERAGE DISPOSAL L Public Sewer ❑ Well ❑ Private (septic tank, etc. ❑ Taming/Massage/Body Art F] Swimming Pools ❑ Tobacco Sales 0 Food Packaging/Sales [I Permanent Dumpster on Site F1 THE FOLLOWING SECTIONS FOR OFFICE USE ONLY INTERDEPARTMENTAL SIGN OFF - U FORM PLANNING & DEVELOPMENT Reviewed On Signature COMMENTS -CONSERVATION- -- --Reviewed on Signature- - COMMENTS a HEALTH' Reviewed on Signature COMMENTS Zoning Board of Appeals: Variance, Petition No: Zoning Decision/receipt submitted yes Planning Board Decision: 1' onservation Decision: I Comments Com Water & Sewer Connection/si nature � Date Driveway Permit ]DPW Town Engineer: Signature: Number of Stories: Total square feet of floor area, based on Exterior dimensions. Total land area, sq. ft.: ELECTRICAL: Movement of Meter location, mast or service drop requires approval of Electrical Inspector Yes_ No ®ANGER ZONE LITERATURE: Yes MGL Chapter 166 Section 21A —F and G min.$100-$1000 fine M Doc.Building Permit Revised 2014 0 Building Department The following is a list of the required forms to be filled out for the appropriate permit to be obtained. Roofing, Siding, Interior Rehabilitation Permits Building 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 OTE: 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/Cross Section/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 . OTE: 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 2012 IECC Energy code Engineering Affidavits for Engineered products TOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg. Permit In all cases if a variance or special permit was required the Town Clerks office must stamp the decision from the Board of Appeals that the appeal period is over. The applicant must then get this recorded at the Registry of Deeds. One copy and proof of recording must be submitted with the building application Doc: Building Permit Revised 2014 0 Location C�I�VWVdl� Lq� — No. Check # t, �2 !� 29842 Date 41ts— TOWN OF NORTH ANDOVER Certificate of Occupancy $ Building/Frame Permit Fee Foundation Permit Fee $� Other Permit Fee $ > TOTAL $ Building Inspector d F� 0 r L W, rA 5� f'--1 E = Q LL O o Q O m u Y \ O LL N In U Q N p U W Z z G J m C O m 'O 7 LL t =5 d' v Ct U LL O W z m J a 7to K LL O w u W t O U i 0 F LL N ? 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CL � a O O v_ J .CL0�; r Z 4) O CL V U) cv = :Q 'N . r r�.—� r December 18, 2015 Town of North Andover Building Department 120 Main Street North Andover, MA RE: Barwick Residence Solar Installation 49 Meadowood Road North Andover, MA Structural Assessment of Roof Framing MPP Project No: 15-3970 Dear Sir or Madam: Pursuant to your request, MPP Engineers has performed a limited structural evaluation of the roof framing at the above referenced site to determine if the roof has adequate capacity to support the proposed solar panels. Our analysis was based on the framing information and configurations provided by Bright Planet Solar. It is our understanding that the structural components of the existing roof framing are in good condition. It is further understood that all existing connections between the various roof framing members, including ceiling joists, rafters, and collar ties, are adequate to resist the current loading conditions and behave in the manner that a typical rafter and ceiling tie system is intended to behave prior to installation of the solar panels. Results Southeast Roof — adequate to support the proposed solar panels Structural Data and Code Information Our analysis was performed in accordance with the requirements of the 780 CMR 51.00: Massachusetts Residential Code which has adopted the 2009 International Residential Code with Massachusetts amendments. Per Table R301.2 (1), the ground snow load to be used for each town is in accordance with Table R301.2 (5). Similarly, the wind speed for each town is in accordance with Table R301.2 (4). The roof framing was analyzed in accordance with Section R104.11 of the of the 2009 International Residential Code which allows for alternate approved design such as using the ASCE 7 code for determining actual snow loads on roofs (e.g. deriving flat or sloped roof snow loads from the specified ground snow load referenced in Table R301.2 (5)). Wood members are analyzed and designed in accordance with the NDS 2005. The roof area for the solar panels of this residence is framed with conventional 2x wood rafters and collar ties in a gable configuration. The existing roof structure is in good condition and has one layer of asphalt shingles. The pertinent data is listed below: MPP Engineers, LLC 1 34 South Main Street, Suite D ( Allentown, NJ 08501 609-489-5511 (Phone) 1 609-489-5916 (Fax) Barwick Residence Solar Installation 49 Meadowood Road North Andover, MA Southeast Roof: Roof Rafters: Spacing: Roof Slope: Horizontal Projected Length of Rafter (Horizontal Projection): Ceiling Joists: Collar Ties: Roof Sheathing: Condition of Framing: Roof Covering: Ground Snow Load, Pg: Importance Factor, I: Exposure Factor, Ce: Thermal Factor, Ct: Design Snow Loads On sloped roof: Basic Wind Speed: Importance Factor: Exposure: Analysis Results: General Considerations 2" x 8" (#2 Spruce Pine -Fir Assumed) 16" O.C. 36 Degrees 12 feet Present Present Plywood Sheathing Good Asphalt Shingles 50 PSF from Table R301.2 (5) of Massachusetts Residential Code 1.0 1.0 (Conservatively taken as Partially Exposed) 1.1 with Panels (Cold Roof) 1.0 existing condition (Warm Roof) 29.75 PSF (Existing — Unobstructed Warm Roof) 21.82 PSF (New Condition — Slippery Surface on Cold Roof) 100 MPH from Table R301.2 (4) of Massachusetts Residential Code 1.0 B ➢ The proposed solar panels consist of solar panels which impose a total weight of approximately 2.5 to 3 pounds per square foot (PSF) on the roof surface. From a practical standpoint, the International Residential Code allows up to 2 roof coverings on a residential dwelling. Each layer of roofing imposes a net load of about 2.5 to 3.0 PSF on the roof. From this perspective, since the existing roof has only a single layer of shingles, a second layer is allowed to be added by the code without analysis. This 2' layer of shingles essentially weighs the same as the proposed solar panels that will be added instead. ➢ Materials such as metal roofs or solar panels are considered slippery surfaces. Since the solar panels are mounted slightly above the roof line, it would be conservative to consider a thermal factor Ct of 1. 1, treating the panel surface as a cold roof rather than as a warm roof. Based on the roof slope and considering it as a slippery surface, the snow load is reduced by 27% (7.93 PSF) compared with the snow load acting directly on the existing shingled roof surface. This reduction completely offsets the weight of the solar panels. Page 2 Barwick Residence Solar Installation 49 Meadowood Road North Andover, MA Gravity Loading: Southeast Roof — adequate to support the proposed solar panels It is our understanding that the panels will be installed using Pro Solar Roof Trac Rail (or equal) with L - feet (or equal) at approximately 38 inches on center. The leveling feet will be fastened directly into the existing joists with 5/16" diameter lag screws with a minimum embedment of 3". In addition, it is important that the leveling feet support locations be staggered between adjacent panels so that no single rafter supports more load than under the existing conditions. Wind Loadinn: Based on our calculations, the net wind loads imposed on the roof framing with an attachment spacing as indicated above will be less than the current loading on the roof framing. In addition, provided that the leveling feet are attached to the roof framing members in a typical staggered fashion, the overall wind loading imposed on the structure and the individual framing members will not be impacted to any great extent. If you have any questions regarding this matter, please feel free to contact my office at 609-489-5511. We appreciate the opportunity to assist you with this evaluation. Sincerely, MPP Engineers, LLC Asma Faruqi Ashutosh Patel, P.E. MA Prof. Eng. Lic. No. 48235 Page 3 DocuSi n Envelope ID: 1C423769-68D5-4092-9E76-3A8FOA07BEC6 Here are the key terms of your NVT Licenses, LLC Power Purchase Agreement Prepayment (if any) $ O Down payment (if any) $0,00 First Year Electricity rate ' $0.125 per kWh Annual Electricity Rate 2,9% Escalator Estimated Total System Production during the 5%899 kWh Initial Term Agreement term 20 years Approximate Installation 01/ O %/ 2 016 Commencement Date Approximate Substantial 01/21/2016 Completion Date NVT Licenses, LLC Promises to You • We insure, maintain, and repair the System (including the inverter) at no additional cost to you, as specified in the agreement. • We provide 24/7 web accessible monitoring at no additional cost to you, as specified in the agreement. • We warrant your roof against leaks and restore your roof at the end of the agreement, as specified in the agreement. • The rate you pay us for electricity, exclusive of taxes, will never increase by more than 2.9% per year. boo Clipper Drive, Belmont, CA 94002 STATE AND LOCAL LICENSE NUMBER(S): CT HIC.o639752, MA 178207, MD 4622816, NV 77618, [Document Generated on 2015-10-29] MA -BAR -00779260 DocuSign Envelope ID: 1C423769-68D5-4092-9E76-3A8FOA07BEC6 Homeowner's Name & Service Address Beth Barwick 49 Meadowood Road North Andover, MA 01845 (978) 688-0747 laurenbarwick@gmail.com Co -Owner Name (If Any) Email, Phone Installation Location 49 Meadowood Road North Andover, MA 01845 Options for System purchase and transfer: Options at the end of the 20 year term: • If you move, you may transfer this agreement to the purchaser of your Home if the purchaser meets credit criteria and agrees to take on the obligations under this agreement and if other conditions are met, as specified in the agreement. • At certain times, as specified in the agreement, you may purchase the System. These options apply during the term of our agreement. • Provider may remove the System at no cost to you. • You may purchase the System from Provider for its fair market value as specified in the agreement. You may renew this agreement for up to ten (10) years in two (2) five (5) year increments. NVT Licenses, LLC Residential Power Purchase Agreement -2 DocuSign Envelope ID: iC423769-68D5-4092-9E76-3A8FOA07BEC6 Massachusetts Notice REGISTRATION OF HOME IMPROVEMENT CONTRACTORS All home improvement contractors and subcontractors in Massachusetts must be registered by the Office of Consumer Affairs and Business Regulation. Our registration number is 178207 and our federal ID number is 20-3835445• Inquiries about a contractor or subcontractor relating to a registration should be directed to: Office of Consumer Affairs and Business Regulation Ten Park Plaza, Suite 5170 Boston, MA 02116 Phone: (617) 973-8700 SYSTEM DESCRIPTION Turnkey Solar Array of 3.24 kW -dc -STC with all associated hardware: Total nameplate capacity Photovoltaic Modules Photovoltaic Inverters Racking/Support Structure Monitor & Meter Hardware PERMITS 3.24 kW -dc SunEdison - BoB 270 Ennhase Energy SunEdison Racking SunEdison Monitoring System It is the obligation of a registered home improvement contractor in Massachusetts to obtain any and all construction -related permits necessary for the work being performed by that contractor. The permits needed for our installation of the System include the following: Building Permit, Electrical Permit, Interconnection Permit Be aware that delays in obtaining permits (among other circumstances and events) may delay the Substantial Completion Date. Please note that homeowners that secure their owner construction -related permits or deal with unregistered contractors are excluded from recovering from the Residential Contractor's Guaranty Fund established by the Commonwealth of Massachusetts to compensate homeowners for losses caused by registered home improvement contractors. NVT Licenses, LLC Residential Power Purchase Agreement MA -BAR -00779260 Notice -1 DocuSign Envelope ID:1C423769-68D5-4092-9E76-3A8FOA07BEC6 MECHANICS LIENS Anyone who helps improve your Property, but who is not paid, may record what is called a mechanics lien on your property. A mechanics lien is a claim, like a mortgage or home equity loan, made against your property and recorded with the county recorder. Provider does not otherwise intend to place a lien on your Property. HOMEOWNER'S RIGHTS A homeowner's rights under the Home Improvement Contractor Law and other consumer protection laws may not be waived in any way, even by agreement. However, homeowners may be excluded from certain rights if the contractor they choose is not properly registered as prescribed by law. EXECUTION OF CONTRACT This contract must be executed in duplicate and should not be signed until a copy of all exhibits and referenced documents have been attached. Parties are also advised not to sign the document until all blank sections have been filled in or marked as void, deleted, or not applicable. One original signed copy of the contract with attachments is to be given to you and the other kept by Provider. Any modification to the original contract must be in writing and agreed to by both parties. Contracted work may not begin until both parties have received a fully executed copy of the contract, and the three day rescission period has expired. ACCELERATED PAYMENTS A contractor may not demand payments in advance of the dates specified on the payment schedule in cases where the homeowner deems him/herself to be financially insecure. However, in instances where a contractor deems him/herself to be financially insecure, the contractor may require that the balance of funds not yet due be placed in a joint escrow account as a prerequisite to continuing the contracted work. Withdrawal of funds from said account would require the signatures of both parties. ARBITRATION RIGHTS The Massachusetts Home Improvement Contractor Law provides homeowners with the right to initiate an arbitration action (as an alternative to court action) if they have a dispute with a contractor. The same right is not automatically afforded to a contractor. Provider would have to resolve any potential disputes in court unless you and Provider agree to the arbitration provisions in Section 17 below (or, if Section 17 is held to be unenforceable with respect to PPAs in Massachusetts, the arbitration provisions included in this Massachusetts Notice). This clause extends arbitration rights to you and Provider. Further to Section 17 below, the following terms shall apply to PPAs in Massachusetts: NVT Licenses, LLC Residential Power Purchase Agreement MA -BAR -00779260 Notice -2 DocuSign Envelope ID: 1C423769-68D5-4092-9E76-3A8FOA07BEC6 You and Provider hereby mutually agree in advance that in the event Provider has a dispute concerning this Power Purchase Agreement, Provider may submit the dispute to a private arbitration firm which has been approved by the Secretary of the Executive Office of Consumer Affairs and Business Regulation and you shall be required to submit to such arbitration as provided In Massachusetts General Laws, chapter 142A. E DocuSigned by: C l W bowl & OF68AODFEE5B44F... Owner's Signature Co -Owner's Signature Co -Owner's Signature Provider's Signature NOTICE: The signatures of the parties above apply only to the agreement of the parties to alternative dispute resolution initiated by the Provider. You may initiate alternative dispute resolution even where this section is not separately signed by the parties. For the avoidance of doubt, the terms of this Massachusetts Notice shall apply to PPAs for Systems installed in Massachusetts. MEAD AND UNDERSTAND THIS MASSACHUSETTS NOTICE: 64 bowie October 29, 2015 OF68AODFEE5B44F... Owner Date: Co -Owner Date: NVT Licenses, LLC Date: NVT Licenses, LLC Residential Power Purchase Agreement MA -BAR -00779260 Notice -3 DocuSign Envelope ID: iC423769-68D5-4092-9E76-3A8FOA07BEC6 1. Introduction. This Power Purchase Agreement (this "Power Purchase Agreement" or "PPA") is the agreement between you and NVT Licenses, LLC (together with its successors and assigns, "Provider" or "we"), covering the sale to you of the power produced by the solar panel system (the "System") we will install at your home. Provider agrees to sell to you, and you agree to buy from Provider, all of the power produced by the System. The System will be installed by Provider or its subcontractors at the address you listed above (the "Property" or your "Home.") This Power Purchase Agreement is 17 pages long and has two Exhibits, Exhibit i, Notice of Cancellation; and Exhibit 2, Limited Warranty and Guaranty (the "Limited Warranty"). By signing this Power Purchase Agreement you represent and warrant that (i) you are either a citizen of the United States or not exempt from paying Federal income taxes, (ii) your home is not subject to any encumbrances (including, but not limited to, homeowners' association, condominium association, community association or cooperative covenants, restrictions, bylaws or administrative provisions "Restrictive Covenants") that would prohibit, modify or restrict the installation of the System on your home, (iii) you have the requisite authority to sign this PPA, satisfy the obligations and grant the rights to Provider hereunder (in each case on your own behalf and on behalf of each person or entity with an ownership interest in the Home), and (iv) if your Home has been placed into a trust, you are, or a signatory hereto is, the grantor, trustee, and beneficiary of such trust with requisite authority to bind the trust under this PPA. Each of you shall be jointly and severally liable under this PPA, and in the case of more than one homeowner signing, by signature on this PPA, appoint each other homeowners to act on your behalf in all future matters associated with this PPA, including signing any amendment to this PPA, cancelling this PPA, confirming any other matters or receiving any notice associated with this PPA, and similar matters. By execution of this PPA, you are hereby binding your estate, heirs, executors, administrators, legal representatives, personal representatives, trustees, successors and assigns to the obligations of this PPA. If you have any questions regarding this Power Purchase Agreement, please ask your Provider sales consultant. 2. Term. Provider agrees to sell you the power generated by the System for 20 years. We refer to this period of time as the "Initial Term." The Initial Term begins on the Interconnection Date. The "Interconnection Date" is the date that the System is turned on and generating power. Provider or one of its subcontractors will notify you by email when your System is ready to be turned on. The Initial Term plus any additional renewal terms (if any), as described in Section 23, is referred to as the "Term". Initial Term Number of Consecutive PPA Years: 20 Number of Consecutive PPA 240 Months: Estimated Initial Term Start Date: 02/04/2oi6 Annual Power Price Escalator: 2.9% 3. Intentionally Left Blank. 4. Power Purchase Agreement Pg=ents; Amounts. (a) Power Price. You are purchasing all of the power the System produces. During the first year of the term, the Power Price is $0.125 per kWh. After the first year, the price per kWh will increase annually by 2.9% of the previous year's price ("Annual Power Price Escalator"). There are no installation costs to you. "Power Price" means the given Power Price in any year of the Term. (b) Payments. Your monthly payment ("Monthly Payments") is the product of the output of the System in kWh and the Power Price. Each month after the first full calendar month following the Interconnection Date, we will send you an invoice via U.S. mail detailing the output of the System for the prior month in kWh and the Monthly Payment. If you are paying your Monthly Payment by automatic debit from your checking or savings account (ACH) we will debit your bank account on or about the loth day of each month following the month of delivery of the electricity during the Term (e.g. debits for electricity delivered in January are made on February loth). If you are not paying automatic debit, your Monthly Payments will be due on the loth day of each month and should be sent to this payment address: NVT Licenses, LLC Attention: SunEdison Residential PPA 600 Clipper Drive Belmont, CA 94002 Down payments due upon installation, if any, are due immediately prior to commencement of installation. You will make no Monthly Payments if you are fully prepaying this PPA. In this case, you will pay only the amounts listed in the key terms summary on page one of this PPA. NVT Licenses, LLC Residential Power Purchase Agreement MA -BAR -00779260 T&C-1 DocuSign Envelope ID: 1C423769-68D5-4092-9E76-3A8FOA07BEC6 Table 1 production, then we will adjust the next bill (c) Estimated Production. If (i) the System is shut downward (to refund overbilling) or upward (to 1 $11,491.23 2 $11,102.33 3 $9,777.42 4 $8,402.29 s $7,037.40 6 $5,649.85 7 $5,202.45 s $4,930.30 9 $4,630.95 10 $4,302.99 11 $3,942.40 12 $3,818.79 13 $3,676.54 14 $3,514.71 15 $3,330.30 16 $3,122.09 17 $2,934.11 18 $2,721.86 19 $2,482.26 20 $2,213.58 71 production, then we will adjust the next bill (c) Estimated Production. If (i) the System is shut downward (to refund overbilling) or upward (to down for more than seven (7) full twenty-four (24) make up for lost billing). You will not be charged hour days cumulatively during the Term because for Estimated Production when the System is not of your actions; (ii) you take some action that producing electricity due to Provider's fault, or if significantly reduces the output of the System; (iii) it's due to grid failure or power outages caused by you don't trim your bushes or trees to their someone other than you. PROVIDER DOES NOT appearance when you signed this PPA to avoid WARRANT OR GUARANTEE THAT YOU WILL foliage growth from shading the System; or (iv) REALIZE ANY SAVINGS AS COMPARED TO your System is not reporting production to THE COSTS OF PURCHASING YOUR POWER Provider (e.g. you have disconnected the Internet FROM THE LOCAL UTILITY. connection or SunEdison's Gateway cellular function discussed in Section 5(a)(xii) below or 5. Power Purchase Agreement Obligations. such connection goes down on the reporting day), then Provider will reasonably estimate the amount (a) System, Home and Property Maintenance of power that would have been delivered to you during such System or reporting outages or You agree to: reduced production periods ("Estimated Production") and shall consider Estimated (i) only have the System repaired pursuant to Production as actual production for purposes of the Limited Warranty and reasonably this paragraph. In the first year of the Term, cooperate when repairs are being made; Estimated Production will be based on our (ii) keep trees, bushes and hedges trimmed so production projections. If we bill you for that the System receives as much sunlight Estimated Production because your System is not as it did when Provider installed it; reporting production to Provider, and we (iii) not modify your Home in a way that subsequently determine that we have either shades the System; overestimated or underestimated the actual NVT Licenses, LLC Residential Power Purchase Agreement MA -BAR -00779250 T&C-2 DocuSign Envelope ID: iC423769-68D5-4092-9E76-3A8FOA07BEC6 (iv) be responsible for any conditions at your Home that affect the installation (e.g., blocking access to the roof, or removing a tree that is in the way, prior work you have done on your Home that was not permitted); (v) not remove any markings or identification tags on the System; (vi) As set forth in 5(f)(i), permit Provider, its designees, affiliates, or financing parties, after we give you reasonable notice, to inspect the System for proper operation as we reasonably determine necessary; (vii) use the System primarily for personal, family or household purposes, but not to heat a swimming pool; (viii) not do anything, permit or allow to exist any condition or circumstance that would cause the System not to operate as intended at the Property; (ix) notify Provider if you think the System is damaged or appears unsafe; if any part of the System is stolen; and prior to changing your power supplier; (x) return any documents we send you for signature (like incentive claim forms) within seven (7) days of receiving them; (xi) maintain and make available, at your cost, a functioning indoor Internet connection with one available wired Ethernet port and standard AC power outlet within eighty (80) feet of the System's AC/DC inverter(s) or if the service is available in your area, you may opt into utilizing SunEdison's Gateway cellular function. Applicable fees may apply; and (xii) notify us of the placement of any encumbrance or Restrictive Covenant on your home that would prohibit the installation or existence of the System on your roof or require modifications to the System. (b) System Construction, Repair. Insurance and Provider's obligations: Provider agrees to: you intentionally damage the System; Upon damage or destruction to the System, you will not be entitled to receive or retain any insurance proceeds. In cases where we bear the risk of loss, our sole obligation to you will be to repair or replace the System to the extent required by the Limited Warranty (vi) repair the System pursuant to the Limited Warranty and reasonably cooperate with you when scheduling repairs; (vii) not put a lien on your Home or Property. (c) Home Renovations or Repairs If you want to make any repairs or improvements to the Property that could interfere with the System (such as repairing the roof where the System is located), you may only have the System removed and replaced pursuant to the Limited Warranty. (d) Automatic Payment, Late Charges In addition to the other amounts you agree to pay in this Power Purchase Agreement, you agree to pay the following: (i) Automatic Payment Discount: If you elect to make automatic Monthly Payments from your checking or savings account, then you will receive a discount of $10 on your Monthly Payments. If you do not elect automatic Monthly Payments, this discount will not be applied to your Monthly Payments and each Monthly Payment will be $io greater; (ii) Returned Check Fee: $20 (or such lower amount as required by law) for any check or withdrawal right that is returned or refused by your bank; and (iii) Late Payments: A late charge of $30, (or such lower amount as required by applicable law), shall be applied to any late payments not received within ten (io) days after the date such payment is due. (iv) Taxes (i) schedule the installation of the System at a mutually convenient date and time; Your Provider electricity rate of $0.125 per kWh is (ii) construct the System according to written composed solely of an electricity rate of $0.125. plans you review; State excise, sales and use (or similar) taxes may (iii) notify you if the System design has to be be due with respect to your purchase of electricity materially changed so that you can review pursuant to this PPA and/or your purchase of the any such changes; System, We have estimated the amount of such (iv) clean up after ourselves during the taxes in the Cover Pages; however, you agree to construction of the System; pay any and all applicable taxes related to this PPA (v) insure the System against all damage or regardless of whether and to what extent shown in loss unless (A) that damage or loss is this PPA. Thus, if additional taxes are imposed or caused by your gross negligence; or (B) tax rates change, the amount you pay may change. NVT Licenses, LLC Residential Power Purchase Agreement MA -BAR -00779260 T&C-3 DocuSign Envelope ID: 1C423769-68D5-4092-9E76-3A8FOA07BEC6 Similarly, if you exercise any of the purchase options set forth in this PPA, you agree to pay any applicable tax on the Purchase Price (as defined below) or the System. You also agree to pay any applicable real or personal property (or similar) taxes on the System that your state or local jurisdiction may levy. (e) No Alterations You agree that you will not make any modifications, improvements, revisions or additions to the System or take any other action that could void the Limited Warranty on the System without Provider's prior written consent. If you make any modifications, improvements, revisions or additions to the System, they will become part of the System and shall be Provider's property. (f) Access to the System (i) You grant to Provider, its financing parties, affiliates, employees, agents and contractors the right to reasonably access all of the Property as necessary for the purposes of (A) installing, constructing, operating, maintaining, owning, repairing, removing and replacing the System or making any additions to the System or installing complementary technologies on or about the location of the System; (B) enforcing Provider's, its financing parties or affiliates rights as to this Power Purchase Agreement and the System; (C) installing, using and maintaining electric lines and inverters and meters, necessary to interconnect the System to your electric system at the Property and/or to the utility's electric distribution system; or (D) taking any other action reasonably necessary in connection with installing, constructing, operating, maintaining, owning, repairing, removing and replacing the System. This access right shall continue for up to ninety (go) days after this Power Purchase Agreement expires to provide Provider with time to remove the System at the end of the Power Purchase Agreement. Provider shall provide you with reasonable notice of its need to access the Property whenever commercially reasonable. (ii) During the time that Provider has access rights you shall ensure that its access rights are preserved and shall not interfere with or permit any third party to interfere with such rights or access. You agree that the System is not a fixture, but Provider has the right to file or record any UCC -i financing statement, fixture filing or other notice that confirms its interest in the System. You agree to cooperate with us by providing information regarding title to your home so that we may exercise the rights referred to in this paragraph. Neither this PPA nor any UCC -i financing statement or notice we may file in connection with this PPA constitutes or imposes a consensual lien on your Home or Property. (g) Indemnity (i) To the fullest extent permitted by law, you shall indemnify, defend, protect, save and hold harmless Provider, its employees, officers, directors, agents, financing partners, affiliates, subcontractors, successors and assigns 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 arising out of, connected with, relating to or resulting from your negligence or willful misconduct; provided, that nothing herein shall require you to indemnify Provider for its own negligence or willful misconduct. The provisions of this paragraph shall survive termination or expiration of this Power Purchase Agreement. (ii)To the fullest extent permitted by law, we shall indemnify, defend, protect, save and hold harmless you and your permitted assigns against any actual loss that you may hereafter suffer by reason of (i) a mechanics' lien being filed by any subcontractor retained by us in connection with installation or repair of the System, (ii) any payment or other claim by any subcontractor retained b, us in connection with the System, and (iii) any damage caused to your Property a subcontractor retained by us in connection with the System. Our liability under this Section 5(g)(ii) shall in no case exceed the amount of the claim, but may be less if the lien can be settled for less, or your loss is less. You will keep us notified at the Provider address provided in Section 7 of Exhibit 2 ("Notice NVT Licenses, LLC Residential Power Purchase Agreement MA -BAR -00779260 T&C-4 DocuSign Envelope ID: 1C423769-68D5-4092-9E76-3A8FOA07BEC6 Address") of all legal papers, notices or other papers served on you by such subcontractor, and in no event shall you make any settlement, payment or accommodation with such subcontractor in connection with the System, or otherwise this indemnity to you shall be null and void. To the extent permitted by applicable law, we will conduct the defense at our expense at all times of the mechanics' lien against such subcontractor. (h) Payments YOU AGREE THAT THE OBLIGATION TO PAY ALL PAYMENTS AND ALL OTHER AMOUNTS DUE UNDER THIS PPA SHALL BE, ABSOLUTE AND UNCONDITIONAL UNDER ALL CIRCUMSTANCES AND SHALL NOT BE SUBJECT TO ANY ABATEMENT, DEFENSE, COUNTERCLAIM, SETOFF, RECOUPMENT OR REDUCTION FOR ANY REASON WHATSOEVER, IT BEING THE EXPRESS INTENT OF THE PARTIES THAT ALL AMOUNTS PAYABLE BY YOU HEREUNDER SHALL BE, AND CONTINUE TO BE, PAYABLE IN ALL EVENTS INCLUDING BY YOUR HEIRS AND ESTATE AND, EXCEPT AS SET FORTH BELOW IN SECTIONS 6,24 AND 25, YOU HEREBY WAIVE ALL RIGHTS YOU MAY HAVE TO REJECT OR CANCEL THIS PPA, TO REVOKE ACCEPTANCE OF THE SYSTEM, OR TO GRANT A SECURITY INTEREST IN THE SYSTEM. (i) Credit Check You authorize Provider, or its designee, to obtain your credit report now and in the future, check your credit and employment history, answer questions others may ask regarding your credit and share your credit information with Provider's financing partners and affiliates. You certify that all information you provide to us in connection with checking your credit will be true and understand that this information must be updated upon request if your financial condition changes. 6. Conditions Prior to Installation of the System; Change Orders. (a) Provider's obligation to install the System and sell you the power it produces is conditioned on the following items having been completed to its reasonable satisfaction: (i) completion of (A) the engineering site audit (a thorough physical inspection of the Property, including, if applicable, geotechnical work), (B) the final System design, and (C) real estate due diligence to confirm the suitability of the Property for the construction, installation and operation of the System; (ii) approval of this Power Purchase Agreement by Provider's financing parties; (iii) your meeting the applicable credit criteria; (iv) confirmation of rebate, tax credit and renewable energy credit payment availability in the amount used to calculate the Monthly Payments set forth in this Power Purchase Agreement; (v) confirmation that Provider will obtain all applicable benefits referred to in Section 9; (vi) receipt of all necessary zoning, land use and building permits; and (vii) completion of any renovations, improvements or changes reasonably required at your Home or on the Property which have been agreed upon in writing (e.g., removal of a tree or necessary roof repairs to enable us to safely install the System). Provider may terminate this Power Purchase Agreement without liability if, in its reasonable judgment, any of the above listed conditions (i) through (vii) will not be satisfied for reasons beyond its reasonable control. Once Provider starts installation, however, it may not terminate this Power Purchase Agreement for your failure to satisfy conditions (i) through (vii) above. (b) Amendments. You authorize Provider to make corrections to the utility paperwork to conform to this PPA or any amendments to this PPA we both sign. 7. Warranty. YOU UNDERSTAND THAT THE SYSTEM IS WARRANTED SOLELY UNDER THE LIMITED WARRANTY ATTACHED AS EXHIBIT 2, AND THAT THERE ARE NO OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR ANY PURPOSE, CONDITION, DESIGN, CAPACITY, SUITABILITY OR PERFORMANCE OF THE SYSTEM OR ITS INSTALLATION. 8. Transfer. Provider may assign this PPA to one of its financing partners or affiliates. You agree that Provider may NVT Licenses, LLC Residential Power Purchase Agreement MA -BAR -00779260 T&C-5 DocuSign Envelope ID: 1C423769-68D5-4092-9E76-3A8FOA07BEC6 assign, sell or transfer the System and this Power Purchase Agreement, or any part of this Power Purchase Agreement or the exhibits, without your consent. This assignment does not change Provider's or assignee's obligation to maintain and repair your System as set forth in the Warranty. Any assignment of Provider's rights and/or obligations under this Agreement shall not result in any change to your rights and obligations under this Agreement with respect to assignee. 9. Ownership of the System; Tax Credits and Rebates. You agree that the System is Provider's personal property under the Uniform Commercial Code. You understand and agree that this PPA is not a contract to sell or lease the System to you. Provider owns the System for all purposes, including any data generated from the System. You shall at all times keep the System free and clear of all liens, claims, levies and legal processes not created by Provider, and shall at your expense protect and defend Provider against the same. You understand and agree that any and all tax credits, incentives, renewable energy credits, green tags, carbon offset credits, utility rebates or any other non- power attributes of the system are the property of and for the benefit of Provider, usable at its sole discretion. Provider shall have the exclusive right to enjoy and use all such benefits, whether such benefits exist now or in the future. You agree to refrain from entering into any agreement with your utility that would entitle your utility to claim any such benefits. You agree to reasonably cooperate with Provider so that it may claim any tax credits, renewable energy credits, rebates, carbon offset credits or any other benefits from the system. This may include to the extent allowable by law, entering into net metering agreements, interconnection agreements, and filing renewable energy/carbon offset credit registrations and/or applications for rebates from the federal, state or local government or a local utility and giving these tax credits, renewable energy/carbon credits, rebates or other benefits to Provider. lo. Purchasing the System. You have the option to purchase the System as detailed below. To exercise this option you must be in good standing under this Power Purchase Agreement and you need to give us at least one (i) month's, but (ii) when you sell your. Home pursuant to the terms of Section ii below; (iii) if Provider ever ceases its operations and fails to provide for a substitute provider; and (iv) at the end of the Initial Term or any additional renewal term. In each of (i), (iii) and (iv) above, the price you will pay for the System will be the greater of System's fair market value ("FMV") or the "Termination Value" shown in Table 1 for that year. The interests of any financing party shall not be taken into account when determining the FMV; a third party independent appraiser will be retained to compute the System's FMV. In the instance of (ii) above, the price you will pay for the System will be determined in accordance with Section ii below (each such price applicable to each of (i), (ii), (iii) and (iv) above, the "Purchase Price"). If the option to purchase under (i) through (iv) is selected you agree to pay any applicable tax on the purchase price for the System. If the option to purchase under (i) through (iv) is selected and fully performed in accordance with this PPA, none of you, us, or any future owner of the System will have any further obligations under this PPA (other than those which, by their terms, expressly survive termination of this PPA). Provider's maintenance and repair obligations under the Limited Warranty (Exhibit 2) will continue when you purchase the System until what would have been the end of the Initial Term, as set forth in Exhibit 2. 1i. Selling Your Home. (a) If you sell your Home you can: (i) Transfer this Power Purchase Agreement and the Monthly Payments If the person buying your Home meets Provider's then current credit requirements and agrees to take on the obligations under this agreement, then where permitted by the local utility, the person buying your Home can sign a transfer agreement assuming all of your rights and obligations under this Power Purchase Agreement. (ii) Purchase the System not more than three (3) months' prior written notice. If you sell your home, at any time during the Term, You can purchase this System: you can purchase the System (the "Purchase to Sell (i) on the six (6) year anniversary of the Option") by paying us the greater of (A) the FMV of beginning of the Initial Term and every the System as determined by an appraisal and (B) the annual anniversary after the six (6) year Termination Value shown in Table i which anniversary (the "Early Purchase corresponds to the twelve (12) -month period which Option"); includes the month in which the Purchase to Sell Option is exercised, plus all amounts accrued and NVT Licenses, LLC Residential Power Purchase Agreement MA -BAR -00779260 T&C-6 DocuSign Envelope ID: 1C423769-68D5-4092-9E76-3A8FOA07BEC6 unpaid under this PPA including, without limitation, all accrued and unpaid Monthly Payments, penalties, late charges, if any, and taxes, plus any applicable excise tax, sales taxes, use tax or governmental charges (including any amounts that may be imposed, or required to be collected by us, with respect to the recapture or forfeiture of any government incentives, including any related government penalties) related to the purchase and sale of the System. The appraisal will be conducted, if at all, at your sole cost; provided that should such cost exceed three hundred dollars ($300), we will pay such additional amounts over three hundred dollars ($300). You are required to give us at least two (2) weeks' prior written notice (to Notice Address) of your intention to exercise the Purchase to Sell Option. If this Purchase to Sell Option is selected and fully performed in accordance with this PPA, none of you, us, nor the new owner of the home will have any further obligations under this PPA (other than those which, by their terms, expressly survive termination of this PPA). Provider's maintenance and repair obligations under the Limited Warranty (Exhibit 2) will continue when you purchase the System until what would have been the end of the Initial Term, as set forth in Exhibit 2. You understand that the sale of your home and/or your purchase of the System may result in increased state and local property tax liabilities. (b) You agree to give Provider at least fifteen (15) days but not more than three (3) months prior written notice if you want someone to assume your PPA obligations. In connection with this assumption, you, your approved buyer and Provider shall execute a written transfer of this PPA. (c) If you sell your Home and cannot comply with any of the options in subsection (a) above, you will be in default under this Power Purchase Agreement. Section 14(d) includes a Home sale by your estate or heirs. (d) EXCEPT AS SET FORTH IN THIS SECTION, YOU WILL NOT ASSIGN, SELL, PLEDGE OR IN ANY OTHER WAY TRANSFER YOUR INTEREST IN THIS PPA WITHOUT OUR PRIOR WRITTEN CONSENT, WHICH SHALL NOT BE UNREASONABLY WITHHELD. 12. Loss or Damage. (a) Unless you are grossly negligent or you intentionally damage the System, Provider will bear all of the risk of loss, damage, theft, destruction or similar occurrence to any or all of the System. Except as expressly provided in this PPA, no loss, damage, theft or destruction will excuse you from your obligations under this PPA, including Monthly Payments. (b) If there is loss, damage, theft, destruction or a similar occurrence affecting the System, and you are not in default of this PPA, you shall continue to timely make all Monthly Payments and pay all other amounts due under the PPA and, cooperate with Provider, at Provider's sole cost and expense, to have the System repaired pursuant to the Limited Warranty. 13. Limitation of Liability. (a) No Consequential Damages PROVIDER'S LIABILITY TO YOU UNDER THIS POWER PURCHASE AGREEMENT SHALL BE LIMITED TO DIRECT, ACTUAL DAMAGES ONLY. YOU AGREE THAT IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR INDIRECT DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. (b) Actual Damages EXCEPT FOR CLAIMS UNDER SECTION 5(G), AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER PARTY'S LIABILITY TO THE OTHER WILL EXCEED AN AMOUNT EQUAL TO THE MAXIMUM AMOUNT THAT COULD BE PAYABLE BY YOU UNDER SECTION 15(H) , EXCEPT TO THE EXTENT DAMAGE IS CAUSED BY A PARTY'S WILLFUL MISCONDUCT, GROSS NEGLIGENCE, FRAUD OR VIOLATION OF LAW. DAMAGES TO YOUR HOME, BELONGINGS OR PROPERTY RESULTING FROM THE INSTALLATION OR OPERATION OF THE SYSTEM ARE COVERED IN SECTION 6(C) OF THE LIMITED WARRANTY. 14. Default. You will be in default under this Power Purchase Agreement if any one of the following occurs: (a) you fail to make any payment when it is due and such failure continues for a period of ten (1o) days; (b) you fail to perform any material obligation that you have undertaken in this PPA (which includes doing something you have agreed not to do, like alter the System) and such failure continues for a period of fourteen (14) days after written notice; NVT Licenses, LLC Residential Power Purchase Agreement MA -BAR -00779260 T&C-7 DocuSign Envelope ID: 1C423769-68D5-4092-9E76-3A8FOA07BEC6 (c) you have provided any false or misleading financial or other information to obtain this Power Purchase Agreement; (d) you assign, transfer, encumber, sublet or sell this PPA or any part of the System without Provider's prior written consent; (e) you make an assignment for the benefit of creditors, admits in writing its insolvency, files or there is filed against you or it a voluntary petition in bankruptcy, is adjudicated bankrupt or insolvent or undertakes or experiences any substantially similar activity; (f) you default on any obligation secured by your Home; or (g) any representation you made under this PPA was false at the time you signed this PPA, including, without limitation, the representation that you have the requisite authority to sign this PPA, satisfy the obligations and grant the rights to Provider hereunder (in each case on your own behalf and on behalf of each person or entity with an ownership interest in the Home). 15. Remedies in Case of Default. If this Power Purchase Agreement is in default, we may take any one or more of the following actions. If the law requires us to do so, we will give you notice and wait any period of time required before taking any of these actions. We may: (a) terminate this PPA; (b) take any reasonable action to correct your default or to prevent our loss; any amount we pay will be added to the amount you owe us and will be immediately due; (c) require you, at your expense, to return the System or make it available to us in a reasonable manner; (d) proceed, by appropriate alternative dispute resolution procedure, to enforce performance of this PPA and to recover damages for your breach; (e) disconnect, turn off or take back the System by legal process or self-help, but we may not disturb the peace or violate the law; (f) report such non -operational status of the System to your utility, informing them that you are no longer net metering; (g) charge you a reasonable reconnection fee for reconnecting the System to your utility or turning your System back on after we disconnect or turn off the System due to your default; (h) recover from you (i) a payment equal to the Purchase Price as set forth in this agreement plus (ii) all taxes, late charges, penalties, interest and all or any other sums then accrued or due and owing; and (iii) seek a pre or post judgment lien or similar security interest on or against your home; or (i) use any other remedy available to us in this PPA or by law. We may submit to credit reporting agencies (credit bureaus) negative credit reports that would be reflected on your credit record if you do not pay any amounts due under this PPA as required. You agree to repay us for any reasonable amounts we pay to correct or cover your default. You also agree to reimburse us for any costs and expenses we incur relating to the System's return resulting from early termination. By choosing any one or more of these remedies, Provider does not give up its right to use another remedy. By deciding not to use any remedy should this Power Purchase Agreement be in default, Provider does not give up our right to use that remedy in case of a subsequent default. 16. System Removal; Return. At the end of the Initial Term or the termination of this PPA, if you have not renewed this PPA or exercised your purchase option (if any) and you have not defaulted, then within thirty (3o) days you agree to email Provider at the email listed in Section 7 of Exhibit 2 to schedule a convenient time for Provider to remove the System from your Home at no cost to you. 17. Applicable Law; Arbitration. PLEASE READ THIS SECTION CAREFULLY. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY. We agree that any dispute, claim or disagreement between us (a "Dispute") shall be resolved exclusively by binding arbitration and that the Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate. The laws of the state where your Home is located shall govern the substantive claims arising from this PPA without giving effect to conflict of laws principles. The arbitration, including the selecting of the arbitrator, will be administered by JAMS, under its NVT Licenses, LLC Residential Power Purchase Agreement MA -BAR -00779260 T&C-8 DocuSign Envelope ID: iC423769-68D5-4092-9E76-3A8FOA07BEC6 Streamlined Arbitration Rules (the "Rules") by a single neutral arbitrator agreed on by the parties within thirty (3o) days of the commencement of the arbitration. Either party may initiate the arbitration process by filing the necessary forms with JAMS. To learn more about arbitration, you can call any JAMS office or review the materials at www.jamsadr.com. The arbitration shall be held in the location that is most convenient to your Home. If a JAMS office does not exist within 50 (fifty) miles of your Home, then we will use another accredited arbitration provider with offices close to your Home. If the value of the relief sought is $io,000 or less, you may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding, subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. If you initiate the arbitration, you will be required to pay the first $125 of any filing fee. We will pay any filing fees in excess of $125 and we will pay all of the arbitration fees and costs. If we initiate the arbitration, we will pay all of the filing fees and all of the arbitration fees and costs. We will each bear all of our own attorney's fees and costs except that you are entitled to recover reasonable attorney's fees and costs if you prevail in the arbitration and the award you receive from the arbitrator is higher than Provider's last written settlement offer. When determining whether your award is higher than Provider's last written settlement offer your attorney's fees and costs will not be included. Only Disputes involving you and Provider may be addressed in the arbitration. Disputes must be brought in the name of an individual person or entity and must proceed on an individual (non -class, non- representative) basis. The arbitrator will not award relief for or against anyone who is not a party. If either of us arbitrates a Dispute, neither of us, nor any other person, may pursue the Dispute in arbitration as a class action, class arbitration, private attorney general action or other representative action, nor may any such Dispute be pursued on your or our behalf in any litigation in any court. Claims regarding any Dispute and remedies sought as part of a class action, class arbitration, private attorney general or other representative action are subject to arbitration 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 the arbitration may not address disputes involving other persons with disputes similar to the Disputes between you and Provider. apply to any arbitration between us. The arbitrator will issue a decision or award in writing, briefly stating the essential findings of fact and conclusions of law. BECAUSE YOU AND WE HAVE AGREED TO ARBITRATE ALL DISPUTES, NEITHER OF US WILL HAVE THE RIGHT TO LITIGATE THAT DISPUTE IN COURT, OR TO HAVE A JURY TRIAL ON THAT DISPUTE, OR ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE RULES. FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS PERTAINING TO ANY DISPUTE. THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING ON THE PARTIES AND MAY BE ENTERED AND ENFORCED IN ANY COURT HAVING JURISDICTION, EXCEPT TO THE EXTENT IT IS SUBJECT TO REVIEW IN ACCORDANCE WITH APPLICABLE LAW GOVERNING ARBITRATION AWARDS. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION. 18. Waiver. Any delay or failure of a party to enforce any of the provisions of this PPA, including but not limited to any remedies listed in this PPA, or to require performance by the other party of any of the provisions of this PPA, shall not be construed to (i) be a waiver of such provisions or a party's right to enforce that provision; or (ii) affect the validity of this PPA. 19. Notices. All notices under this PPA shall be in writing and shall be by personal delivery, facsimile transmission, electronic mail, overnight courier, or certified or registered mail, return receipt requested. 20. Entire Agreement;; Changes. This PPA contains the parties' entire agreement regarding the sale and purchase of power generated by the System. There are no other agreements regarding this PPA, either written or oral. Any change to this PPA must be in writing and signed by both parties. If any portion of this PPA is determined to be unenforceable, the remaining provisions shall be enforced in accordance with their terms or shall be interpreted or re -written so as to make them enforceable. 21. [Intentionally Omittedl. The arbitrator shall have the authority to award any 22. Subcontractors. legal or equitable remedy or relief that a court could order or grant under this agreement. The arbitrator, Provider may have some however, is not authorized to change or alter the terms hereunder performed by of this agreement or to make any award that would Buyer's consent. extend to any transaction other than yours. All statutes of limitations that are applicable to any dispute shall NVT Licenses, LLC Residential Power Purchase Agreement MA -BAR -00779260 or all of its obligations subcontractors without T&C-9 DocuSign Envelope ID: 1C423769-68D5-4092-9E76-3A8FOA07BEC6 2g. Renewal. If you are in compliance with your PPA, you and your Provider have the option to renew your PPA for up to ten (io) years in two (2) five (5) year renewal periods. We will send you renewal forms three (3) months prior to the expiration of the Initial Term, which forms shall set forth the new Monthly Payments due under the renewal PPA, based on our assessment of the then current fair market value of the System. If you want to renew, complete the renewal forms and return them to us at least one (i) month prior to the end of the PPA. In the event that you cancel the PPA or express your disapproval of the new Monthly Payments in writing this PPA shall expire by its terms on the termination date. IF YOU DON'T SEND US ANYTHING IN WRITING AFTER WE SEND YOU THE RENEWAL FORMS, THEN THIS PPA SHALL RENEW FOR AN ADDITIONAL ONE (i) YEAR TERM AT TEN PERCENT (io%) LESS THAN THE THEN -CURRENT AVERAGE RATE CHARGED BY YOUR LOCAL UTILITY AND SHALL CONTINUE TO RENEW FOR ONE (1) YEAR TERMS AT THE SAME RATE (IN ABSOLUTE TERMS) AS YOUR FIRST RENEWAL UNTIL (I) YOU CALL US AT THE TELEPHONE NUMBER LISTED IN SECTION 7 OF EXHIBIT 2 AT LEAST THIRTY (3o) DAYS PRIOR TO A RENEWAL TERM TO INFORM US THAT YOU DO NOT WISH TO RENEW; OR (II) WE SEND YOU A NOTICE TERMINATING THE PPA. 24. NOTICE OF RIGHT TO CANCEL. YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE ATTACHED NOTICE OF CANCELLATION FORM (EXHIBIT i) FOR AN EXPLANATION OF THIS RIGHT. 25. ADDITIONAL RIGHTS TO CANCEL. IN ADDITION TO ANY RIGHTS YOU MAY HAVE TO CANCEL THIS PPA UNDER SECTION 24, YOU MAY ALSO CANCEL THIS PPA AT NO COST AT ANY TIME PRIOR TO COMMENCEMENT OF CONSTRUCTION OF THE SYSTEM. I have read this Power Purchase Agreement and the Exhibits in their entirety and I acknowledge that I have received a complete copy of this Power Purchase Agreement. DO NOT SIGN THIS CONTRACT IF THERE ARE ANY BLANK SPACES. Owner's Name: $gjh,j3gmck Signature: Date: October 29, 2015 ARE YOU A TRUSTEE FOR A TRUST INTO WHICH THE HOME IS PLACED? YES x NO IF YOU HAVE CHECKED "YES", PLEASE ALSO EXECUTE HERE: The undersigned is bound by this PPA and certifies that he or she is the Grantor, Trustee, and Beneficiary of the Trust into which the Home has been placed. BethBarwick as trustee for the Trust into which the Home has been placed: Signature: Date: IF YOU HAVE CHECKED "NO", PLEASE ALSO EXECUTE HERE: The undersigned certifies that the Home has not been placed into a Trust. DocuSigned by: Signature:EA barwt& — F_ I --- , . 88FEESB44F Date: October 29, 2015 Co -Owner's Name (if any): Signature: Date: NVT Licenses, LLC Residential Power Purchase Agreement MA -BAR -00779260 T&C-10 DocuSign Envelope ID: 1C423769-68D5-4092-9E76-3A8FOA07BEC6 NVT Licenses, LLC Power Purchase Agreement Signature: kv"a k4 i isha Liu (Nov 9 7015) Name: Lisha Liu Date: Nov 2, 2015 Finance Operations NVT Licenses, LLC Residential Power Purchase Agreement MA -BAR -00779260 T&C-I 1 DocuSign Envelope ID: iC423769-68D5-4092-9E76-3A8FOA07BEC6 EXHIBIT i (Provider COPY) I HAVE READ THIS NOTICE OF CANCELLATION on October 29, 2015 Co -Owner's Signature: Co -Owner's Signature: NOTICE OF CANCELLATION STATUTORILY -REQUIRED LANGUAGE Notice of Cancellation Date of Transaction: The date you signed the Power Purchase Agreement. You may CANCEL this transaction, without any penalty or obligation, within THREE BUSINESS DAYS from the above date. If you cancel, any property traded in, any payments made by you under the contract or sale and any negotiable instrument executed by you will be returned within TEN BUSINESS DAYS following receipt by the seller (NVT Licenses, LLC ) of your cancellation notice, and any security interest arising out of the transaction will be canceled. If you cancel, you must make available to the seller (NVT Licenses, LLC ) at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale, or you may, if you wish, comply with the instructions of the seller (NVT Licenses, LLC ) regarding the return shipment of the goods at the seller's (NVT Licenses, LLC 's) expense and risk. If you do make the goods available to the seller (NVT Licenses, LLC ) and the seller (NVT Licenses, LLC ) does not pick them up within 20 days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller (NVT Licenses, LLC ), or if you agree to return the goods to the seller (NVT Licenses, LLC ) and fail to do so, then you remain liable for performance of all obligations under the contract. To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice, or any other written notice, or send a telegram to NVT Licenses, LLC , at boo Clipper Drive, Belmont, CA 94002, NOT LATER THAN MIDNIGHT of the date that is THREE BUSINESS DAYS from the date you signed the Power Purchase Agreement. I, Beth Barwick, HEREBY CANCEL THIS TRANSACTION on Owner's Signature: Co -Owner's Signature: Co -Owner's Signature: NVT Licenses, LLC Residential Power Purchase Agreement MA -BAR -00779260 T&C-12 [Date]. DocuSign Envelope ID: iC423769-68D5-4092-9E76-3A8FOA07BEC6 EXHIBIT i (CUSTOMER COPY) NOTICE OF CANCELLATION STATUTORILY -REQUIRED LANGUAGE Notice of Cancellation Date of Transaction: The date you signed the Power Purchase Agreement. You may CANCEL this transaction, without any penalty or obligation, within THREE BUSINESS DAYS from the above date. If you cancel, any property traded in, any payments made by you under the contract or sale and any negotiable instrument executed by you will be returned within TEN BUSINESS DAYS following receipt by the seller (NVT Licenses, LLC ) of your cancellation notice, and any security interest arising out of the transaction will be canceled. If you cancel, you must make available to the seller (NVT Licenses, LLC ) at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale, or you may, if you wish, comply with the instructions of the seller (NVT Licenses, LLC ) regarding the return shipment of the goods at the seller's (NVT Licenses, LLC 's) expense and risk. If you do make the goods available to the seller (NVT Licenses, LLC ) and the seller (NVT Licenses, LLC ) does not pick them up within 20 days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller (NVT Licenses, LLC ), or if you agree to return the goods to the seller (NVT Licenses, LLC ) and fail to do so, then you remain liable for performance of all obligations under the contract. To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice, or any other written notice, or send a telegram to NVT Licenses, LLC, 600 Clipper Drive, Belmont, CA 94002, NOT LATER THAN MIDNIGHT of the date that is THREE BUSINESS DAYS from the date you signed the Power Purchase Agreement. I, Beth Barwick, HEREBY CANCEL THIS TRANSACTION on Owner's Signature: Co -Owner's Signature: Co -Owner's Signature: NVT Licenses, LLC Residential Power Purchase Agreement MA -BAR -00779260 T&C-13 [Date]. DocuSign Envelope ID: 1C423769-68D5-4092-9E76-3A8FOA07BEC6 EXHIBIT 1(CUSTOMER COPY) NOTICE OF CANCELLATION STATUTORILY -REQUIRED LANGUAGE Notice of Cancellation Date of Transaction: The date you signed the Power Purchase Agreement. You may CANCEL this transaction, without any penalty or obligation, within THREE BUSINESS DAYS from the above date. If you cancel, any property traded in, any payments made by you under the contract or sale and any negotiable instrument executed by you will be returned within TEN BUSINESS DAYS following receipt by the seller (NVT Licenses, LLC ) of your cancellation notice, and any security interest arising out of the transaction will be canceled. If you cancel, you must make available to the seller (NVT Licenses, LLC ) at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale, or you may, if you wish, comply with the instructions of the seller (NVT Licenses, LLC ) regarding the return shipment of the goods at the seller's (NVT Licenses, LLC 's) expense and risk. If you do make the goods available to the seller (NVT Licenses, LLC ) and the seller (NVT Licenses, LLC ) does not pick them up within 20 days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller (NVT Licenses, LLC ), or if you agree to return the goods to the seller (NVT Licenses, LLC ) and fail to do so, then you remain liable for performance of all obligations under the contract. To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice, or any other written notice, or send a telegram to NVT Licenses, LLC, 600 Clipper Drive, Belmont, CA 94002, NOT LATER THAN MIDNIGHT of the date that is THREE BUSINESS DAYS from the date you signed the Power Purchase Agreement. I, Beth Barwick, HEREBY CANCEL THIS TRANSACTION on Owner's Signature: Co -Owner's Signature: Co -Owner's Signature: NVT Licenses, LLC Residential Power Purchase Agreement MA -BAR -00779260 T&C-14 [Date]. DocuSign Envelope ID: iC423769-68D5-4092-9E76-3A8FOA07BEC6 EXHIBIT 2 LIMITED WARRANTY AND GUARANTY 1. INTRODUCTION This Limited Warranty and Guaranty (this "Limited Warranty") is Provider's agreement to provide you warranties on the System you are hosting pursuant to our PPA. The System will be professionally installed by Provider or its subcontractors at the address you listed in the PPA. We will refer to the installation location as your "Property" or your "Home." This Limited Warranty begins when we start installing the System at your Home. We look forward to helping you produce clean, renewable solar power at your Home. 2. LIMITED WARRANTIES (a) Limited Warranties Provider warrants the System as follows: (i) System Warranty During the Initial Term, under normal use and service conditions, the System will be free from defects in workmanship or defects in, or a breakdown of, materials or components (the "System Warranty"); (ii) Roof Warranty When we penetrate your roof during a System installation we will warrant roof damage we cause due to our roof penetrations. This roof warranty will run the longer of (A) one (1) year following the completion of the System installation; and (B) the length of any existing installation warranty or new home builder performance standard for your roof (the "Roof Warranty Period"); and (iii) Repair Promise During the Initial Term, Provider will honor the System Warranty and will repair or replace any defective part, material or component or correct any defective workmanship, at no cost or expense to you (including all labor costs), when you submit a valid claim to us under this Limited Warranty (the "Repair Promise"). If we damage your Home, your belongings or your Property we will repair the damage we cause or pay you for the damage we cause as described in Section 6. Provider may use new or reconditioned parts when making repairs or replacements. Provider may also, at no additional cost to you, upgrade or add to any part of the System to ensure that it performs according to the guarantees set forth in this Limited Warranty. Cosmetic repairs that do not involve safety or performance shall be made at Provider's discretion. (b) Warranty Length (i) The warranties in Sections 2(a)(i) and 2(a)(iii) above will start when we begin installing the System at your Home and continue through the Initial Term but never less than ten (1o) years. Thus, for as long as you host the System from Provider under a PPA, you will have a System Warranty and our Repair Promise. (ii) The Roof Warranty Period may be shorter than the System Warranty, as described in Section 2(a)(ii) above. (iii) If you have assumed an existing PPA, or purchased the System during the Initial Term of your PPA, then this Limited Warranty will cover you for the remaining balance of the existing Initial Term. (c) System Performance Guaranty NVT Licenses, LLC Residential Power Purchase Agreement NIA -BAR -00779260 T&C-15 DocuSign Envelope ID: 1C423769-68D5-4092-9E76-3A8FOA07SEC6 (i) Provider guarantees that during the Initial Term the System will operate within manufacturer's specifications and if it does not that Provider, or one of its subcontractors, will repair or replace any defective part and restore System performance. (ii) We warrant that the System will not experience more than a (A) io% degradation of the originally rated electrical generation output during the five (5) year period starting on the date of installation of the System or (B) starting on the date of installation of the System, i% degradation per year of electrical generation output during the Initial Term. (d) Maintenance and Operation (i) When the System is installed, Provider will provide you with a copy of its Solar Operation and Maintenance Guide (the "Guide"). This Guide provides you with System operation and maintenance instructions, answers to frequently asked questions, troubleshooting tips and service information. Provider will perform all required System maintenance. (e) Making a Claim; Transferring this Warranty (i) Claims Process You can make a claim by emailing us at the email address in Section 7 below. (ii) Transferable Limited Warranty Provider will accept and honor any valid and properly submitted Warranty claim made during the Initial Term by any person who either purchases the System from you or to whom you properly transfer the PPA. (f) Exclusions and Disclaimer The limited warranties and guaranty provided in this Limited Warranty do not apply to any lost power production or any repair, replacement or correction required due to the following: (i) someone other than Provider or its approved service providers installed, removed, re -installed or repaired the System; (ii) destruction or damage to the System or its ability to safely produce power not caused by Provider or its approved service providers while servicing the System (e.g., if a tree falls on the System we will replace the System per the Power Purchase Agreement, but we will not repay you for power it did not produce); (iii) your failure to perform, or breach of, your obligations under the Power Purchase Agreement, provided, that if the PPA has been terminated in the event of a purchase of the System by the host of the System, this Limited Warranty will not apply in the event that the host of the system fails to perform or breaches its obligations under Sections 5(a) (other than subsection (x)), 5(c), 5(e), 5(f) and 5(g) of the PPA, which shall survive termination of the PPA; (iv) your breach of this Limited Warranty, including your being unavailable to provide access or assistance to us in diagnosing or repairing a problem, or your failing to maintain the System as stated in the Guide; (v) any Force Majeure Event (as defined below); (vi) shading from foliage that is new growth or is not kept trimmed to its appearance on the date the System was installed; (vii) any system failure or lost production not caused by a System defect (e.g., the System is not producing power because it has been removed to make roof repairs or you have required us to locate the inverter in a non - shaded area); and (viii) theft of the System (e.g., if the System is stolen we will replace the System per the Power Purchase Agreement, but we will not repay you for the power it did not produce). NVT Licenses, LLC Residential Power Purchase Agreement MA -BAR -00779260 T&C-16 DocuSign Envelope ID: 1C423769-68D5-4092-9E76-3A8FOA07BEC6 This Limited Warranty gives you specific rights, and you may also have other rights which vary from state to state. This Limited Warranty does not warrant any specific electrical performance of the System other than that described above. THE LIMITED WARRANTIES DESCRIBED IN SECTIONS 2(a) and (c) ABOVE ARE THE ONLY EXPRESS WARRANTIES MADE BY PROVIDER WITH RESPECT TO THE SYSTEM. TO THE EXTENT PERMITTED BY APPLICABLE LAW, PROVIDER HEREBY DISCLAIMS, AND ANY BENEFICIARY OF THIS LIMITED WARRANTY HEREBY WAIVES, ANY WARRANTY WITH RESPECT TO ANY COST SAVINGS FROM USING THE SYSTEM. 3. PROVIDER'S.STANDARDS For the purpose of this Limited Warranty the standards for our performance will be (i) normal professional standards of performance within the solar photovoltaic power generation industry in the relevant market; and (ii) Prudent Electrical Practices. "Prudent Electrical Practices" means those practices, as changed from time to time, that are engaged in or approved by a significant portion of the solar power electrical generation industry operating in the United States to operate electric equipment lawfully and with reasonable safety, dependability, efficiency and economy. 4. SYSTEM REPAIR OR REMOVAL (a) You agree that if (i) the System needs any repairs that are not the responsibility of Provider under this Limited Warranty or (ii) the system needs to be removed and reinstalled to facilitate remodeling of your Home, you will have Provider, or another similarly qualified service provider, at your expense, perform such repairs, removal and reinstallation on a time and materials basis. (b) If at the end of the Initial Term you want to return the System to Provider under Section 16 of the PPA then Provider will remove the System at no cost to you. Provider will remove the posts, waterproof the post area and return the roof as close as is reasonably possible to its original condition before the System was installed (e.g. ordinary wear and tear and color variances due to manufacturing changes are excepted). You agree to reasonably cooperate with Provider in removing the System including providing necessary space, access and storage, and we will reasonably cooperate with you to schedule removal in a time and manner that minimizes inconvenience to you. 5. FORCE MAJEURE If Provider is unable to perform all or some of its obligations under this Limited Warranty because of a Force Majeure Event, Provider will be excused from whatever performance is affected by the Force Majeure Event, provided that: (a) Provider, as soon as is reasonably practical, gives you notice describing the Force Majeure Event; (b) Provider's suspension of its obligations is of no greater scope and of no longer duration than is required by the Force Majeure Event (i.e., when a Force Majeure Event is over, we will make repairs); and (c) No Provider obligation that arose before the Force Majeure Event that could and should have been fully performed before such Force Majeure Event is excused as a result of such Force Majeure Event. "Force Majeure Event" means any event, condition or circumstance beyond the control of and not caused by Provider's fault or negligence. It shall include, without limitation, failure or interruption of the production, delivery or acceptance of power due to: an act of god; war (declared or undeclared); sabotage; riot; insurrection; civil unrest or disturbance; military or guerilla action; terrorism; economic sanction or embargo; civil strike, work stoppage, slow -down, or lock -out; explosion; fire; earthquake; abnormal weather condition or actions of the elements; hurricane; flood; lightning; wind; drought; the binding order of any governmental authority (provided that such order has been resisted in good faith by all reasonable legal means); the failure to act on the part of any governmental authority (provided that such action has been timely requested and diligently pursued); unavailability of power from the utility grid, equipment, supplies or products (but not to the extent that any such availability of any of the foregoing results from Provider's failure to have exercised reasonable diligence); power or voltage surge caused by someone other than Provider including a grid supply voltage outside of the standard range specified by your utility; and failure of equipment not utilized by Provider or under its control. NVT Licenses, LLC Residential Power Purchase Agreement MA -BAR -00779260 T&C-17 DocuSign Envelope ID: iC423769-68D5-4092-9E76-3A8FOA07BEC6 6. LIMITATIONS ON LIABILITY (a) No Consequential Damages YOU MAY ONLY RECOVER DIRECT DAMAGES INCLUDING THOSE AMOUNTS DUE PURSUANT TO SECTIONS 6(C) UNDER THIS LIMITED WARRAN'T'Y, AND IN NO EVENT SHALL PROVIDER OR ITS AGENTS OR SUBCONTRACTORS BE LIABLE TO YOU OR YOUR ASSIGNS FOR SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. (b) Limitation of Duration of Implied Warranties ANY IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY ARISING UNDER STATE LAW, SHALL IN NO EVENT EXTEND PAST THE EXPIRATION OF ANY WARRANTY PERIOD IN THIS LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. (c) Limit of Liability Notwithstanding any other provision of this Limited Warranty to the contrary, Provider's total liability arising out of relating to this Limited Warranty shall in no event: (i) For System Replacement: exceed the greater of (a) the sum of the Monthly Payments over the Initial Term of the Power Purchase Agreement and (b) the original cost of the System; and (ii) For damages to your Home, Belongings and Property: exceed two million dollars ($2,000,000). 7. NOTICES All notices under this Limited Warranty shall be made in the same manner as set forth in the Power Purchase Agreement to the addresses listed below: TO PROVIDER: NVT Licenses, LLC Attention: SunEdison Residential PPA boo Clipper Drive Belmont, CA 94002 TO YOU: At the billing address in the Power Purchase Agreement or any subsequent billing address you give us. 8. ASSIGNMENT AND TRANSFER OF THIS LIMITED WARRANTY Provider may assign its rights or obligations under this Limited Warranty to a third party without your consent, provided that any assignment of Provider's obligations under this Limited Warranty shall be to a party professionally and financially qualified to perform such obligation. This Limited Warranty protects only the person who hosts the System. Your rights and obligations under this Limited Warranty will be automatically transferred to any person who purchases the System from you or to whom you properly transfer the Power Purchase Agreement. Sections 5(g)(i),17 and 22 of the PPA shall apply to this Limited Warranty and shall survive the termination of the PPA in the event of a purchase of the System by the host of the System. This Limited Warranty contains the parties' entire agreement regarding the limited warranty of the System. NVT Licenses, LLC Residential Power Purchase Agreement MA -BAR -00779260 T&C-18 DocuSign Envelope ID: 1C423769-68D5-4092-9E76-3A8FOA07BEC6 AUTHORIZATION FOR AUTOMATIC PAYMENTS FROM YOUR CHECKING ACCOUNT Setting up automatic payments from your checking account is a convenient service that saves you time and money and ensures your Monthly Payments will always be made on time. Provider and ("Customer") agree to establish automatic payments of the payments due under the Power Purchase Agreement (the "Agreement") between the parties. Customer hereby authorizes Provider to initiate debit entries to the checking account indicated below to facilitate payments for (i) Monthly Payments (as defined in the Agreement) and applicable excise, sales and use (or similar tax); and (ii) any returned check fees or late payments as set forth in Section 5(d) of the Agreement. Customer hereby authorizes the depositing financial institution named below to enter such debits or credits to such account. Customer also acknowledges that Provider may assign the Agreement to a third -party and that the assignee may then initiate debit entries per this Authorization Agreement. Bank Name: Routing No.: Account No.: Payment Terms Provider will supply Customer with a monthly bill detailing the amount owed for that billing period. Provider will process debit entries to the above account in an amount not to exceed the amount due under the Agreement for scheduled Monthly Payments which are due on the loth day of each calendar month. Notice of Changes Customer hereby acknowledges that the automatic payment information provided is correct. If this information changes, Customer must notify Provider immediately. If Provider incurs any fees as a result of inaccurate or out of date information, Customer will be billed for those charges. Also, Provider reserves the right to change the conditions of the Agreement at any time. Notice will be given on or with the monthly bill or by other methods. Customer has a right to receive written notice when a preauthorized electronic fund transfer will vary in amount from the previous transfer under the same authorization. By signing below, Customer hereby agrees to receive notice only when a transfer falls outside the range of Monthly Payment amounts set forth in the Agreement. Limitation of Liability Provider bears no liability or responsibility for any losses incurred due to any delay in the actual date on which the bank account is debited. In order to process the electronic funds transfer, Customer must have sufficient funds available in the bank account provided. Additionally, Customer is responsible for any fees the account -holding financial institution may charge for electronic payments. Customer hereby agrees to be bound by any rules the account -holding financial institution requires for automatic electronic payments Termination and Right to Cancel Customer hereby acknowledges that this Authorization Agreement will not be terminated until the Agreement is paid in full, or Customer provides written notification via certified mail of such termination of this Authorization Agreement and has allowed Provider a reasonable amount of time to act upon the request. The termination of the Authorization Agreement does not terminate the Agreement or Customer's obligation to make payments required by the Agreement. Under federal law, Customer has the right to stop an automatic payment. Customer must give at least three business days oral or written notice before the scheduled payment date in order to stop an automatic payment. By signing below, Customer represents to Provider that all persons whose signatures are required to withdraw funds from the above referenced account have executed this Authorization Agreement. Customer hereby acknowledges receipt of a copy of this Authorization Agreement for his/her records. Customer: Date: Installation Location: 49 Meadowood Road North Andover,MA o1845 NVT Licenses, LLC Residential Power Purchase Agreement MA -BAR -00779260 T&C-19 N O � m C M o K d N aD m C� U) m O o \ N O 0- 0 O N N Cl) N a_ � � N o0 x E 0 5 ' v � 0OM 13 d '00'^ W H w 00n f- LO C O Y -0 >, R •� V 'O Q N � Y O > N 3 O M M II iy o 3w of M v C m Q + N N +�+ L y Qi L a� m w c c a Q et Z O CL C aniN _ a ¢ o O E � C Y 3 — m c v R a c • ,�. �s, .o m c :� o (D D � c M c_ c 77 a) 5 m = a o E t �p O o v o o M E E ca v v P c`o N d as2 01 ` v 0 a CL wC > N U) CD a N 1 4I1 ,� O O O y�It I O m rn ? M y N M . fA tqfn 0 Of 4i r N M O ? N O C N CID —> (D O N E t N Z c +O+ O O > ^� C cafigrcau sari $11im lee wro"Af/I 02114-2917 v1dia _UlfW% JHj FMZ6,W FERMRM AUMO-R-ffy. Algorkaja Infer-mifition Ficaw Print '10 Q CAttf. .. . ............. City flkwiip: -AM lot= Mv CO-wouralon, pw imur _IAw-.rcqwzM' BuRdThm aMfion -4r--L .cc M -NOM w"W. flail II M*Y J 11edvm %4-.m fth= dag auidbut doing a r4v,-,m mw-wbmit 0 M- tit L WW4 k4ca* such, klm&wt&A SM Wfitum-f #rm Or -4- 4skks [W -t d=dm h6mim in xis x !%t�swc tkliz; Arps .site 400 ItIft(mw (!MWPM.' NEI licn, . G: -_UW ed-Ity 11 Irl( *4.1k., A. _%VOW 0 -Aftmaw- h a capy afthe workers' cam' W2612 0WrIcy decl2r:Itibuor (s - ' - the portey numberand date). PC deed €,Mer?JGL e., 152. V - 5A j� a crim-m- I .- sats jl!�Iiot*lc bl;.*, firm Upto S1,500 -M welit d f alidVar cm&vmr ftpfl-m� ac6iicivmWi* i-n.fiep fom a a SWP WOR:K ( MEEK.-iiid a Mir-- e. i ii a rflwlv,bc� f Che OR 1-112-FAIIMMt: &y.ag3fiWtbt-iii&Wr-Ac-OpY* ilsweml�at Ab hew4verWt)r -tsad .r or a*. Do of write Aw &k- om&. to he co*eW k# do -Winim affleld C74ty or Town Issuing Authority (circk anc): jerk, �L F _4ttri�2 in, 'IJ�Mrlj aucalth - 17 Duyjdiwnlg NpArtmitat 3- City/Town "I coft(sict NOTICE TO EMPLOYEES NOTICE TO EMPLOYEES The Commonwealth of Massachusetts DEPARTMENT OF INDUSTRIAL ACCIDENTS 1 Congress Street, Suite 100, Boston, Massachusetts 02114-2017 617-727-4900 - http://www.state.ma.us/dia As required by Massachusetts General Law, Chapter 152, Sections 21, 22 & 30, this will give you notice that I (we) have provided for payment to our injured employees under the above-mentioned chapter by insuring with: AmGUARD Insurance Company NAME OF INSURANCE COMPANY P.O. Box A -H, 16 S. River Street, Wilkes-Barre, PA 18703-0020 ADDRESS OF INSURANCE COMPANY R2 W C654512 12/18/2015 12/18/2016 POLICYNUMBER 306 Washington Street (Rt 53) EFFECTIVE DATES GORDON INSURANCE Norwell, MA 02061 781-659-2262 NAME OF INSURANCE AGENT ADDRESS PHONE # BRIGHT PLANET SOLAR INC 69 Milk Street Westborough, MA 01581 EMPLOYER ADDRESS 10/26/2015 EMPLOYER'S WORKERS' COMPENSATION OFFICER (IF ANY) DATE MEDICAL TREATMENT The above named insurer is required in cases of personal injuries arising out of and in the course of employment to furnish adequate and reasonable hospital and medical services in accordance with the provisions of the Workers' Compensation Act. A copy of the First Report of Injury must be given to the injured employee. The employee may select his or her own physician. The reasonable cost of the ser- vices provided by the treating physician will be paid by the insurer, if the treatment is necessary and reasonably connected to the work related injury. In cases requiring hospital attention, employees are hereby notified that the insurer has arranged for such attention at the NAME OF HOSPITAL ADDRESS TO BE POSTED BY EMPLOYER ACOR& CERTIFICATE OF LIABILITY INSURANCE �� FDATE(MM/DD/YYYY) 12/23/2015 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(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT an Jane Logan g Andrew G. Gordon, Inc. 306 Washington Street PHCN o (781) 659-2262 FA No: (781)659-4725 E-MAIL ane@a ordon.com ADDRESS: g INSURERS AFFORDING COVERAGE NAIC # A INSURERA:SCottsdale XSB007 Norwell MA 02061 INSURED INSURERB:Citation Insurance Co. 40274 Bright Planet Solar, Inc. INSURERC: 69 Milk St. INSURERD: Suite 308 INSURERE: Westborough MA 01581 INSURER F: COVERAGES CERTIFICATE NU MBER:Mas ter JL 12/16/15 REVISION NUMBFR- 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. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MMIDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑X OCCUR EACH OCCURRENCE $ 2,000,000 DAMAGES( RENTED PREMISES Ea occurrence) ccurrence)$ MED EXP (Any one person) $ 5,000 X Y BINDER 12/17/2015 12/17/2016 PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: JECTF—] LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS -COMP/OP AGG $ 2,000,000POLICY❑PRO- Damage to Rented $ 100,000 IX OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident BODILY INJURY (Per person) $ B ANY AUTO ALLOWNED SCHEDULED AUTOS AUTOS X Y LP7695 6/10/2015 6/10/2016 BODILY INJURY Per accident $ ( )X HIRED AUTOS NON -OWNED 1XX AUTOS PROPERTY DAMAGE $ Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 1,000,000 AGGREGATE $ A X EXCESS LIAB CLAIMS -MADE DED I I RETENTION$ $ X Y XBS0057936 11/25/2015 11/25/2016 WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ N / A STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Solar panel sale, leasing & installation - Cert Holder is added as an Additional Insured to the General Liability, Auto Liability & Excess Liability coverages with Waiver of Subrogation / Primary & Non -Contributory where required by written contract. Workers Compensation coverage will be provided on a separate Certificate of Insurance CERTIFICATE HOLDER CANCFI I ATION ACORD 25 (2014/01) INS025 /9rr14011 ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Town of North Andover THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1600 Osgood St, Bldg 20, ACCORDANCE WITH THE POLICY PROVISIONS. Suite 2035 AUTHORIZED REPRESENTATIVE North Andover, MA 01845 Jane Logan/LOGAN ACORD 25 (2014/01) INS025 /9rr14011 ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD �DXIM9( CERTIFICATE OF LIABILITY INSURANCE /15/2015 THIS CERTIFICATE (S lFSUEt? AS A lSAT9EtZ OF INF A7'!ON ONLY AND GONFEti ta0 RlQHT3 UPON THE GERTIt:iCATE HOLDER. -THIS BELOW DI�E6 NOT AFFIR�A'tMEi.Y OR NEGAVIELY AIWEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THtQ CERTfFlGATE OF INSURANCE DOES NOT CON9Tt'tt1TB A CONTRACT THE ISSUING tN TUYEEN StlRE�(SJ REPRESENTATIVE OR PRODUCER, AND T� CERTIFICATE HOLDER. � AUTHORIZED INtaORTAMP; fF ttre cerifEraie holder ie am ADDl9'iONA�L ElSURED, tMa t . the terms and condttions of the policy, +certain policies may ov( D muss be endorsed. d SUBROQATION IS WANED, subJect to oertiflcate holder In lielu of such endor ri s eegniee an ellydolse0nent. A $iaiernent on tfds mficate doss not corder q is to the PRADUOER Andrew G, Gordon, Inc. 3016 W"hngton street Norwell, 4206�1 nasURea fright Planat solar, Ts. S5 Semll Ave. CERTIFICATE MAY ISSUED R EXCLUSIONS AND comma nm MR QENERALLWBlt,(Tyr X COMMERC4IL GENERAL LIABILITY MAIMS ADE ® OCCUR 3 AWAUTO ALL X AUMS Wm AUTOS X UMBRELLA UAB E>ccEsa uAa occuR CWMsMADI NS INODABI CoCofU LIA ON AND �9PLQYERS' U7Y. ERWVMM raxattreumcbr RI OF OPERA770NS belay �cRIPtrOry OPOPERA1WAis /LOCA1fON81 VBHtC1 lar Panel Ittstallatio» 659.2262 Crdcm. cm rcrt I PJN THE INSURANCE '—•'•"•, rwti rwwrt � -g( RNx-�yrG}d-liis9R P� C AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT To ALL POLICIES. WU(IT5 SHOWN &rIAY HAVE BEEN REDUCED BY PAID CLAIMS {Aftacq ACQRG 901. AddlUq Reme�ife &itedWe, Kmare apecg a �rygdi s LPILY IFlY(Pe,ectltlenq i :, 559-4128 a Town of North Andover SHOULD ANY OF THEABOVE n>�sclmaEn Pnualas � oANc>�LL�n ®BPo� 120 Main Street Accoq EVIRATION *y8McF, taonca vm�L as OEI.Mr:RSp ,� POLICY pa VW00mas. North Andover, MAO 1845 _ VA -70]b 16:42:47 A Guard Insurance Guard Insurance brow 2n ACQR CERTIFICATE OF Li THIS c>a�cAr irs IssuF.� As a I�Arrel; OF ttao�A,�1l.IT IU�C(E pAcoarfrl CERI7FICA7E DOLS NOT AEPIRiVlATNELY oR NE bA ON ONLY AND CONFERS NO $do UiaON 7IiE CEitT[fF7CA HOLDER gE�.OiN. THIS CERTKATE OF �-y Aa9ENQ i�kT&ND OEt Al iER THE coVERAQE AFFORIO By TNL: pMM ltEPRLaHM•ATM tai PRODU IA AND THE C GOES No't CQNSWUTE A. Co 9ETb>tEEN THE 1t�SI11N6 !(<dBtdtER(S}, A41TFl01 AMD TAE Cgt7ICATE Mr1L0ER. !i the oalllliloate I+a er !Ji Jln 0 BN6 theterins and ealJdt loft of the paRc�, catteM t !s aY1 es eofuat 6a endcrand. if 811 O!{ TlDW osrtiRcate halderin lieu of such dare nt spolydes n�aY tegutre un andorgJuner,L A 9SSitetftam an this9e111114848 does hat confer tlgh QO -t I& naoouar:TJ GORDON INSURANCE tv , 306 Washington Street (Rt 53) e NOrwall MA 02061 rtn INSURED a c� ERIGFiTPL14NkT SOLAR INC aesat 55 SEWELL AVE Lommat .�ryvtw�rtl6TJaNQp,IG ANY IiE{nIiREMEM• `6 ""a" BELaw rwve t3� Issueo so tree A�sEassU 7ERA1 t>Ft cOraattlprr oa Al�v carrrizJ�r 0R Ale'I�t7J�fNt-3HE-a16Wi�AAIC,�-AFFORL1Eb-6Y-�'id6-p06tGiES-61E Is Anka conrwrtorus as socia r:tauaes uAllrs sFtotn►N INAY HAVE BEEN REbuar:n 9y PA10 tragias:tRsuRAurs uaelLnY aoUcY aFa -j CLAIM34ME " CCCp ANV AUTOALLO AUTOS AUpT�dSDWIAUURYIPtrpete 1!�[ MMMAUTOS Ain Ogg g . BDDILY INJURY (PerApy } S UMBRELLA Oft TYDAMAQ � B:I MLIAS RaVVUC527889 N IVDA t`Cadv A014 /0y Addttt--Rvmarhs Dd,e:niv, tfm my epaaw h ,+qur..d) Town of North Andover SHOULD ANY OfTHE ABOVE DESMSEDPOUCIEs8eCANCELLED 120 Main Street THE CCQRD/9PigBtTI1TFl�paY°FNOTICE MgLI. BE CC IM North Andover, MA 01845 A ACORD 25 (2g4 a/05j The Aeo" name and logo give re - ®t888.20i9 A CgROadRA C8[y, Au 9 gkUrsd merles of Aeolt ! >ights Mterved The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston, MA 02111 www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name (Business/Organization/Individual): 3R) w -r ft;;NQ: X�,', Address: (®q mu'y- Sy, S+JITVI bm City/State/Zip:WQ�-,T �b 4 � m �) C15 5 t Phone #: ft$ - W1 F 44 kP9 Are you an employer? Check the appropriate box: 1. [� I am a employer with '2-r)_ 4. ❑ I am a general contractor and I employees (full and/or part-time).* have hired the sub -contractors 2. ❑ I am a sole proprietor or partner- listed on the attached sheet. t ship and have no employees These sub -contractors have working for me in any capacity. workers' comp. insurance. [No workers' comp. insurance 5. ❑ We are a corporation and its required.] officers have exercised their 3. ❑ I am a homeowner doing all work right of exemption per MGL myself. [No workers' comp. c. 152, §1(4), and we have no insurance required.] t employees. [No workers' comp. insurance required.] Type of project (required): 6. ❑ New construction 7. ❑ Remodeling 8. ❑ Demolition 9. ❑ Building addition 10. ❑ Electrical repairs or additions 11. ❑ Plumbing repairs or additions 12.❑ Roof repairs 13. ❑ Other *Any applicant that checks box #1 must also fill out the section below showing their workers' compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. $Contractors that check this box must attached an additional sheet showing the name of the sub -contractors and their workers' comp. policy information. I am an employer that is providing workers' compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name:_ Policy # or Self -ins. Lic. #: 1ZZ g _ l61 512. Expiration Date: t2 i? I Job site Address: 49 Meadowood Rd City/State/zip: North Andover, MA 01845 Attach a copy of the workers' compensation policy declaration page (showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to $1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to $250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify under the pains and penalties of perjury that the information provided above is true and correct. IL /� ,. -J---7 _ 12/15/15 Phone #:I clqi AA 0 Official use only. Do not write in this area, to be completed by city or town official City or Town: Permit/License # Issuing Authority (circle one): 1. Board of Health 2. Building Department 3. City/Town Clerk 4. Electrical Inspector 5. Plumbing Inspector 6. Other Contact Person: Phone #: AIC Cs L ~Massachusetts - aePR, tment of Public S�; Board Of Building ,gulatfons and'Standards �'nn7trttcr,'nn `it,flr n; i f tandards f flit' c4 .�. t':imiiE' License: CSFA-106067 AARON KAP 55 EWELLAVEN !' Brookline MA 0p46 Commissioner p ration 12/08/2016