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HomeMy WebLinkAboutBuilding Permit #709-2016 - 55 HARWOOD STREET 12/9/2015ScPxp,vED 1�1-/o —/S TOWN OF NORTH ANDOVER APPLICATION FOR PLAN EXAMINATION Permit N0: Date Issued: IMPORTANT: - LOCATION l PROPERTY OWNER MAP NO: WPARCE Date Received [cant must complete all items on this page Pririt� 100 Year Old Structure yes ZONING DISTRICT: Historic District ye Machine Shob Village ve: -nv— no TYPE. OF IMPROVEMENT. PROPOSED USE Residential Non -Residential ;216ew Building ane family ❑ Addition ❑ Two or more family ❑ Industrial ❑ Alteration No. of units: ❑ Commercial ❑ Repair, replacement ❑ Assessory Bldg ❑ Others: ❑ Demolition ❑ Other ❑ Septic ❑ Well ❑ Floodplain ❑ Wetlands ❑ Watershed District 0 Water/Sewer P�� DES T� t11't� WOI 1' 11�I111V1RFORMPtik, )A,Cfl�� C or Print Clearly) CONTRACTOR Name: I ku Y Vd Address: (�% M41V I'r Supervisor's Construction License: U,-\� Exp. Date: Home Improvement License: 0DR 4 Exp. Date: ARCHITECT/ENGINEER Phone: (al1-��io�1S3`7 Address: Reg. No. FEE SCHEDULE: BULDING PERM T: $12.00 PER $1000.00 OF THE TOTAL ESTIMATED COSTBASED ON 125.00 PER S.F. Total Project Cost. $ FEE: $ 6j I 6A Check No.: a— I � Receipt No.: Q NOTE: Persons contracting with unregistered contractors do not have access to the guaranty fund Signature of Agent/Owner Signature of contractor_ Plans Submitted ?1'� Plans Waived ❑ Certified Plot Plan ❑ ' Stamped Plans El Plans Submitted ❑ -:'Plans-Waived ❑ ..".-Certified Plot Plan ❑ Stamped Plans ❑ TYPE -OF SEWERAGE DISPOSAL Public Sewer ❑ Tanning/MassageBody Art ❑ Swimming Pools ❑ Well ❑ . Tobacco Sales 0 Food Packaging/Sales ❑ -Private!(septic tank, etc_- ❑ --.". permanent Diimpster on-site El THE -FOLLOWING SECTIONS FOROFFICE USE ONLY INTERDEPARTMENTAL SIGN OFF - U FORM DATE.. REJECTED: DATE.APPROVED PLANNING & DEVELOPMENT ❑ ❑ COMMENTS CONSERVATION COMMENTS HEALTH COMMENTS Reviewed on Signature Reviewed on Signature Zoning Board of Appeals: Variance, Petition No: Zoning Decision/receipt submitted yes Planning Board Decision: Conservation Decision: Com Comments Water & Sewer Connection/Signature &.Date Driveway Permit DPW Tow;2 Engineer: Signature: Located 384 Osgood Street FIRE DEPARTW. NT; Temp Dumpster on site yes no Located-at'124 Mair Street Fire Departme►it�signature/date COMMENTS Dimension - Number of Stories: Total square feet of floor area, based on Exterior dimensions._ _Total land area, -.sq. ft. ELECTRICAL: -Movement of Meter:l.ocation, mast -or service drop requires approval of :Electrical Inspector Yes No DANGER ZONE LITERATURE: Yes No MGL.Ch'apter166.Section 21A --F and G min.$100=$1000fine DOTES and DATA — (For de EI Notified for pickup - Date Doc.Building Permit Revised 2010 ent use Building Department The fol;iwing is a list of -:the required -forms to be filled ouf.for.:the. appropriate. permit to be obtained. Roofing, Siding, Interior Rehabilitation Permits NOTE: o ' Building Permit Application o Workers Comp Affidavit o Photo Copy Of H.I.C. And7Or-G.S.L Licenses o Copy of Contract o Floor Plan Or Proposed Interior Work o Engineering Affidavits for Engineered products All dumpster. permits require sign off from Fire -.Department prior to issuance of Bldg Permit Addition Or Decks Li Building Permit Application Li Certified Surveyed Plot Plan a Workers Comp Affidavit Li Photo Copy of H.I.C. And C.S.L. Licenses a Copy Of Contract o Floor/Crossection/Elevation Plan Of Proposed Work With Sprinkler Plan And Hydraulic Calculations (If Applicable) o Mass check Energy Compliance Report (If Applicable) o Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit New Construction (Single and Two Family) o Building Permit Application o Certified Proposed Plot Plan o Photo of H.I.C. And C.S.L. Licenses o Workers Comp Affidavit o Two Sets of Building Plans (One To Be Returned) to Include Sprinkler Plan And Hydraulic Calculations (If Applicable) o Copy of Contract o Mass check Energy Compliance Report ® Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit In all cascs if a variance or special permit was required the Town Clerks office must stamp the decision from the Board of Appeals that the apn,?al period is over. The applicant must then get this recorded at the Registry of Deeds. One copy and proof of recording must be subm.tted with the building application Doc: Doc.Bui?,ding permit Revised 2012 Location '65 No. Date l 2- A t -/ Check # 1 29800 TOWN OF NORTH ANDOVER Certificate of Occupancy $ Building/Frame Permit Feet" Foundation Permit Fee $ Other Permit Fee $ TOTAL $ f Building Inspector v Q LLI = LL Q m O cu L u jC -a 0 LL r � c O N -0 c LL � �d .3 O r= o < V tll ZV 0 v► �. 0 o** u i N , LL O 0. Z Q O f0 LL Q LLI = LL Q m O cu L u jC -a 0 LL v n y,, CLFu N H ? Z o m c O N -0 c LL t 00 W aJ c U _ LL O '^ Z Z m D a t 000 LL O0 u Z (Qj u W W t 0=0 CC u i N , LL O 0. Z Q s . �. f0 LL Z W 2 a W o W 25 U. a`r i m Z a' aJ N + a1 O Y O N O U > W O CL Z � L Z v Z O. m ti O = i = Z~ '9 c� m m L Z O O Z ~ 4 4-0 co. N W O �+ O a. 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'co2 aq 3 0 a Z O < ^ p C v+ n M V S m W 3 T C C W o o N _� rm Z D Z z O D t^ r� _ O z m _ _ Z Z T Z kA 0 m m m m O m "' D = p 0 3 c c� �/�0 O 3301 N Thanksgiving Way, Suite 500, Lehi, UT 84043 oV olm�o solar support@vivintsoiar.com I www.vivintsolar.com Phone: 877,404.4129 1 Fax: 801.765.5758 RESIDENTIAL SOLAR POWER PURCHASE AGREEMENT T4AXVtMN °n 10/31/2015 CUSTOMER INFORMATION NAw r ""' Michelle UUPHQ.N[ (617) 290-1537 NAME (M[,mzftjav TELIK"E PROPERTY INFORMATION SMETADOMS 55 Harwood Street COY North Andover sera E.= rI'1mulvena@ymail.conl I-V.= COLOM Essex 11AMY PATE (per k%" 119 Mulvena. KWEATY O"EI1 (bees 1Q)VO PRCMTY ams.R (2)E's avo SGTE MA zea 01645 DOCUMENTS THE AGREEMENT INCLUDES THE FOLLOWING DOCUMENTS: • Power Purchase Agreement, including: Exhibit. A- Notice of Cancellation Exhibit 8 -State Notices and Disclosures o the Customer Packet, and the Work Order(s). Copy/ pht 2011 2015 V.-,dnt wa Deva, :7Cr L_C A. P &1s ' -.,J PPA b. 1015, , ? ! I Pip, 1 wing solarry The Notice of Cancellation may be sent to this address, 3301 N Thanksgiving Way, Suite 500, Lehi, UT 84043 support@vivintsolar.com l www.vivintsolar.com Phone: 877.404.4129 1 rax: 801,765.5758 RESIDENTIAL 0LAR PO18fER PURCHASE AGREEMENT This RESIDENTIAL SOLAR POWER PURCHASE AGREEMENT (together with all documents expressly incorporated herewith, this "Agreement") is entered into on the Transaction Date set forth above, by and between VIVINT SOLAR DEVELOPER, LLC, a Delaware limited liability company (together with Our successor and assigns, "Seller, "Utile", "Us", "Our) and the undersigned CUSTOMER(s) (together Your successors and permitted assigns, "Customer", "You", "Your"; together with Us, the "Parties", and each, a "Party'). 1. Design, Installation, and Activation. (a) Description of the project and d'escri2tion of the significant materials to be used and equipment to be installed. We will design, install, service, and maintain a solar photovoltaic system on Your home at the property address set forth above (the "Property'), which will include all solar panels, inverters, meters, and other components (collectively, the "System"), as further described in the Customer Packet and the Work Order(s) that We will provide to You hereafter. All material portions of the System will be installed by Our employed technicians and electricians, and not subcontractors. With Your cooperation, We will (i) design, install, and connect the System in material compliance with all applicable laws; (ii) complete all required inspections; and (iii) obtain all required certifications and permits. In order to design a System that meets Your needs, You agree (1) that We may obtain Your electrical usage history from Your electric utility provider (the "Utility'); (2) to provide Us with copies of bills and other information from Your Utility; and (3) to enter into and execute any interconnection or other agreements that may be required by Your Utility. We will design and install the System at no cost to You, other than the Energy Price. (b) Approximate Instal(atggr" Start and Completion Date. Subject to the delays of permitting authorities, weather, and other conditions outside Our control, installation of the System generally takes one (1) day and is anticipatedto start and be substantially complete no later than 04/2812016 . (c) 8Stivatscip. After installation, inspection, and receipt of all necessary approvals relating to the System, We will request interconnection of and permission to operate the System with the Utility. Although We will promptly request interconnection and permission to operate the System, We cannot promise or guarantee the date such permission will be received from the Utility. After We receive the Utility's permission to operate, We will activate the System and cause it to generate Energy (as such term is defined in Section 3fa)). YOU ARE NOT ALLOWED TO TURN ON THE SYSTEM UNTIL WE NOTIFY YOU THAT THE UTILITY HAS GIVEN iTS PERMISSION TO OPERATE. PURSUANT TO SECTION 7(b), YOU ARE LIABLE FOR ANY COSTS OR DAMAGE RELATING TO YOUR PREMATURE ACTIVATION OF THE SYSTEM. 2. Teem and Renewal. (a) Term. This Agreement is effective as of the Transaction Date and shall continue until the twentieth (20th) anniversary of the In -Service Date (together with any renewal term described in Section 2(b)(ill the -Term"). The "in-Servite Dail" shall be the first day after all of the following have been achieved: (i) the System has been installed and is capable of generating Energy; (ii) all permits, inspections, and approvals necessary to operate the System have been obtained; and (iii) the System has been interconnected with the Utility and received permission to operate. (b) End of Term. (i) Your Options. At the end of the Term, so long as there is no Customer Default ongoing, You may elect to: (1) continue with this Agreement for a renewal term of five (S) years at the Renewal Price (as described in Section 2(b)(ii)); (2) purchase the System (as described in Section 2(b)(iii)) and this Agreement will automatically terminate; or (3) have the System removed at no cost to You (as described in Section 2(b)(iy)) and this Agreement will automatically terminate. At least sixty (60) days prior to the end of the Term, We will send to You notice concerning Your end of term options, including the renewal, purchase, and cancellation forms. If You do not elect any of these three options, this Agreement will automatically renew on a year-to- year basis (as described in Section 2(b)(0). (ii) Renewal Option. The renewal form will set forth the new Energy Price for the renewal term based on Our assessment of the then -available market information and Our Copvr.ght QO 2011 2015 V:vint 'Solar Developer LLC All Rights Reserved. PPA (6/1015, v3 1) 1 Page 2 determination of the then -current fair market value of the System (the "Renewal Prke). If You elect the renewal option, then We will need to receive Your completed renewal form not less than thirty (30) days prior to the end of the Term. If You choose not to renew, then You may elect (under $ggfiQn 2(bi iii to purchase the System or to have the System removed at no cost to You. (iff) Purchase Option. The purchase form will set forth the purchase price based on the then -current fair market value of the System as determined by an independent appraiser's valuation of similarly sized photovoltaic systems in Your geographic region (the "Purchase Option Pr ce)- The appraiser's valuation will be provided to You in writing and will be binding. If You elect the purchase, option, then We will need to receive Your completed purchase option form, Your payment of the Purchase Option Price, costs of the appraisal, applicable taxes, and all other amounts then owing and unpaid hereunder not less than thirty (30) days prior to the end of the Terra. Upon receipt of the foregoing, We will transfer ,ownership of the System to You on an 'As Is, Where W basis. (fy) Removal Option. If You elect the removal option, then We will need to receive Your completed removal form and all amounts then owing and unpaid hereunder not less than thirty (30) days prior to the end of the Term. After which, We will remove the System from Your Property Within ninety (90) days after the end of the Term. (y) Automatic Renewal. IF YOU DO NOT NOTIFY US OF YOUR ELECTION BY SENDING THE APPLICABLE COMPLETED FORM TO US EITHER BY E-MAIL OR U.S. MAIL AT OUR ADDRESS FIRST SET FORTH ABOVE AT LEAST THIRTY (30) DAYS PRIOR TO THE END OF THE TERM, THEN: (UNLESS WE ELECT TO TERMINATE THIS AGREEMENT) THIS AGREEMENT WILL AUTOMATICALLY RENEW ON A YEAR-TO-YEAR BASIS AT TEN PERCENT (10%) LESS THAN THE THEN -CURRENT AVERAGE RATE CHARGED BY YOUR UTILITY UNTIL YOU NOTIFY US IN WRITING CIF YOUR ELECTION TO CANCEL AT LEAST THIRTY (30) DAYS PRIOR TO THE END OF THE RENEWAL TERM. YOU AND WE AGREE THAT SUCH ENERGY PRICE DURING AN AUTOMATIC RENEWAL TERM FAIRLY REFLECTS AND IS A REASONABLE ESTIMATION OF THE FAIR MARKET VALUE OF THE ENERGY PRODUCED BY THE SYSTEM. I/WE AGREE TO THE FOREGOING AUTOMATIC RENEWAL PROVISION: 3. Price and Payment. (a) 5ak-ol-Elearl-cl-tv. fflSale. This Agreement is for the sale of energy by Us to You and not for the sale of the System, the System Interests (as such term is defined in 5eaiQr) 4(i), or a solar energy device. Beginning with the In -Service Date, We will sell to You and You will buy from Us all of the energy produced by the System (the 'EtlerW). Energy does not include the System Interests, (h) Price. For all Energy produced by the System, You shall pay Us $0,' per kilowatt hour (kW) (the 'Energy Price"), PLUS APPLICABLE TAXES. On each anniversary of the In- SenAce Date, the Energy Price shall increase by two and nine -tenths percent (2.9%). (ffi) Delivery. Title to and risk of loss with respect to the Energy shall transfer from Us to You at the point where the System is interconnected with Your Property's electrical wiring. Energy from the System will be delivered to You in compliance with all requirements of the Utility. A good faith estimate of, the System output, measured in kilowatt hours, will be provided to You in the Customer Packet; provided that we reserve the right to modify the size of the System at the time of installation as required by applicable law or in Our reasonable discretion. (0 Limits on Obligation to Deliver. We are not a utility or public service company and do not assume any obligations of a utility or public service company to supply Your energy requirements. We are not subject to rate review or other utility or public service company regulation by governmental authorities. During the Term, You understand that You may require more electricity than the System may generate. If You need any such additional energy, then You shall be solely responsible to obtain such energy from the Utility at Your cost. OTHER THAN AS EXPLICITLY SET FORTH ON fK!i�ITB WE DO NOT WARRANT OR GUARANTEE (1) THE AMOUNT OF ENERGY PRODUCED BY THE SYSTEM FOR ANY PERIOD, (2) ANY COST SAVINGS, OR (3) THE EXISTENCE OF ANY NET METERING PROGRAM, OR UTILITY OR GOVERNMENT INCENTIVE PROGRAM, (b) &UMrral. fil invoicing. Beginning with the first (111) month following the In -Service Date and each month throughout the Term, We will send You an invoice reflecting the charges for the Energy produced by the System. If the System is not reporting Energy production to Us, We may charge You the Shutdown Payment (as such term is defined in 5ectign 6(g) . There is no financing charge associated with this Copyrght X12011.2015 Vivint Solar De\-,Ioper, UC_ All Pogh,s R--m--d. PPA (6120 15, v3 1) 1 Page 3 Agreement. (ii) Automatic Payments. You shall make payments to Us by automatic payment deduction from Your designated checking account or by automatic charge to Your credit card. it Is Your responsibility to ensure that there are adequate funds or an adequate credit limit, (M) Account Debit Discount. The Energy Price and all other payments in this Agreement include a Five Dollar ($5) monthly discount for allowing Us to automatically debit Your checking account You will not receive such Five Dollar ($5) monthly discount if You choose to pay by any means other than automatic debit from Your checking account (e.g., credit card). (iy) Late Payments. For all payments more than ten (10) days past due, We may Impose a tate charge equal to Fifteen Dollars ($15) and Interest at an annual rate equal to the lesser of ten percent (10%) or the maximum rate permitted by applicable law, plus applicable taxes. You agree that Your monthfV payments, as well as any late charges I by You as described In this Section 3. mays be electronkalfV debited automatically from Your checking a=unt or charged to Your credit card. If You continue to fail to make any payment within ten (10) days after We give You written notice, then We may exercise all remedies available to Us pursuant to Section fi(W Dii . (y) Unconditional Payment You agree that the obligation to pay any amount due under this Agreement shall be absolute and unconditional, and shall not be subject to any abatement, defense, counterclaim, setoff, recoupment, or reduction. You and We agree that all amounts payable by You hereunder shall be payable in all events including by Your heirs, successors, and permitted assigns. Except for Your right to terminate under the Notice of Cancellation or after a Seller Default (as such term is defined inSectIo12.6(b)MIJo , You hereby waive all rights You may have to reject or cancel this Agreement, to revoke acceptance of the System, or to grant a security interest in the System. 4. Our Services. (a) 9ML@tiQ115 and Maintenance.. During the entire Term of this Agreement, We will honor the limited installation warranty described below In Section- 4JSJ and We will operate and maintain the System (I) at Our sole cost and expense; (0) in good condition; and (III) in material compliance with all applicable laws and permits and the Utilit)(s requirements. (b) InsUrange. We carry commercial general liability Insurance, workers' compensation insurance, and property insurance on the System. For more information concerning Our insurance, Including Our insurance coverage limits, and to obtain a copy of Our certificate of insurance, please visit. www.vivintsolar.comfinsurance. (c) alak gf Loss: Casualty Losses. We shall bear all risk of loss with respect to the System, except for losses arising from the acts or omissions by You or Your licensees, guests, invitees, contractors, or agents or otherwise covered by Your insurance pursuant to Section 5(bl If the System is damaged or destroyed by fire, storm, flood, earthquake, or other disaster or accident (each, a 'Casualty Event") fully covered by Our insurance, We will promptly repair or replace the damaged portions of the System as necessary to restore it to good working condition. If the System is damaged or destroyed by a Casualty Event not fully covered by Our insurance, We may, at Our option (I) repair and restore the System to good working condition; or (ii) terminate this Agreement and, at Your election, either convey the System in its then -existing condition, '*As Is, Where Is', to You for no additional consideration or remove the System from Your Property. (d) Disconnection of System. We may cause the System to be disconnected from any electrical farilities, including the Utility's facilities, if they require such disconnection or We are required to do so under applicable law, including (but not limited to) any disconnection directed by the Utility as part of a curtailment or other order or instruction. (e) Limited Anstallation. and. Roof Penetration arty!. During the entire Term of this Agreement, under customary use and operating conditions, We provide a workmanship warranty that the System will be free from material defects in design and workmanship. When We penetrate Your roof during installation of the System, We warrant that all rooftop penetrations are watertight. This roof penetration warranty will run the longer of (I) one (1) year following installation, of the System; (ii) the length of any new construction homebuilder warranty for Your roof, and (iii) any period required by applicable law. (f) Mangfa!;Jur2a' Warranties, We do not provide any warranty to You with respect to any component of the System. Any manufacturer's warranty Is for Our benefit as owner of the System and Copyvght (,) 2011 2015 V.virt Solar Dcwfoptr, LLC All RZhs PPA (6,120415, v3 1) 1 Pzo.c 4 Is independent of the limited installation warranty described above in lection �4. The System's solar modules carry a minimum manufacturer's warranty of twenty (20) years as follows- (1) during the first ten (10) years of use, the modules` electrical output will not degrade by more than ten percent (10%) from the originally rated output; and (ii) during the first twenty (20) years of use, the modules° electrical output will' not degrade by more than twenty percent (20%) from the originally rated output. The SysterWs inverters carry a minimum manufacturer's warranty of ten (10) years against defects or component breakdowns. During the Term, We will enforce these warranties as owner of the System. (g) Exclusions and Disclaimer of Warranty. The limited installation and roof warranty set forth in Sectione above, does not apply to and does not _4U cover problems resulting from: (I) Your acts or omissions, including Your failure to abide by the terms of this Agreement; (ii) exposure to harmful materials and chemicals; (iii) any Force Majeure Events. (as such term is defined in Section 6(,"; (iv) vandalism, theft, or tampering with the System by anyone; (v) damage caused by hail or ball strikes; and (vi) any other cause beyond Our reasonable control. Our warranty and maintenance obligations under Sections Mal and 4(e) may be transferred to a third party- EXCEPT AS SET FORTH IN THIS SECTION 4 AND EXHIBIT B. WE MAKE NO OTHER WARRANTY TO YOU OR ANY OTHER PERSON, WHETHER EXPRESS, IMPLIED, OR STATUTORY; AS TO THE MERCHANTABILOY OR FITNESS FOR ANY PURPOSE OF THE EQUIPMENT, INSTALLATION, DESIGN, OPERATION, OR MAINTENANCE OF THE SYSTEM; THE PRODUCTION OR DELIVERY OF ENERGY, OR ANY OTHER ASSOCIATED SERVICE OR MATTER HEREUNDER, ALL OF WHICH WE HEREBY EXPRESSLY DISCLAIM. OUR LIABILITY FOR ANY BREACH OF ANY WARRANTY IS LIMITED TO REPAIRING THE SYSTEM OR YOUR PROPERTY TO THE EXTENT REQUIRED UNDER THIS AGREEMENT. YOU ACKNOWLEDGE THAT WE ARE RELYING ON THIS SECTION -41gl AS A CONDITION AND MATERIAL INDUCEMENT TO ENTER INTO THIS AGREEMENT. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION OF THE FACE HEREOF. (h) MjLe,rin. We will install performance meter(s) as needed to measure the Energy produced by the System (the We will collect performance data remotely or use Our personnel to collect the data. We will store such meter data throughout the Term and provide it to You upon Your reasmable request. You agree to allow Our personnel reasonable access to Your Property to collect, such data. At Our discretion, We may test the accuracy of the performance meters from time to time. If testing Indicates that the meter is inaccurate by more than plus or minus five, percent (t5%), then We will (1) repair and recalibrate the Meter, at no cost to You; and (ii) make retroactive adjustments to Your payments based on corrected meter data for the period of such inaccuracy- If the meter is inoperable for any reason, including Your failure to maintain working broadband Internet or electrical connections, We may (1) charge You the Shutdown Payment, and/or (2) estimate any performance guarantee payment. (i) The System and the Sy _gern Interests. Our Ownership of the System orad the System Interests. We shall own and hold all property rights in (1) the System; and (2) any credits, rebates, incentives, allowances, or certificates that are attributed, allocated, or related to the System, the Energy, or ermronmental attributes thereof (collectively, the 'Systm 1n2`YeStsf*). You hereby disclaim and, if applicable, assign to Us any and all right, title and interest in the System and the System Interests that You may have at any time, whether arising under applicable law or otherwise, and You agree to execute all documents and instruments We reasonably request to carry into effect the terms and intent of the foregoing assignment and to otherwise cause Us to be the exclusive owner of the System and the System Interests. You shall have no property interest in the System or the System Interests except for (A) the Energy that the System generates, and (B) any credits or payments available under Your Utilltys net metering program for the Energy that the System generates. You agree to keep the System and System Interests free from all liens, security interests, levies, attachments, and encumbrances of any type, and You acknowledge that none of the System nor any of its components nor any System Interests may be sold, leased, assigned, mortgaged, pledged, or encumbered by You. You shall indemnify Us against all losses, claims, costs and expenses (including attorneys' fees) incurred by Us in discharging and releasing any such lien, encumbrance, pledge, levy, or attachment arising by, under or through You. You agree to not take any action or allow any omission that could have the effect Copv-rght J 2011 2015 V -v it Sdar Devrtoper, LLC. All RtZ1K Rz�2r%:!JJ PPA 1612015, 13 1) 1 Page 5 of impairing the value of the System or the System Interests. You shall immediately notify Us upon becoming aware of the occurrence or possibility of such Impairment. (h) Personol Property Nature of the System. Notwithstanding the :manner in which the System Is attached to Your Property, nor any fixture filing by Us, You and We hereby agree that the System and the System Interests shall remain Our sole personal property and shall not be deemed or characterized as a *fixture" or any part of the 'reaw, as those terms may be defined by applicable law- it is further agreed that the installation of the System shall not be a repair, remodel, alteration, conversion, modernization of, or addition to, Your Property, (N) Notices of System Ownership. You authorize Us to make filings and recordings with relevant governmental authorities as may be necessary to provide notice of and to take security interest in Our ownership in the System and the System Interests, and Our right to access Your Property, including (without limitation) financing statements and fixture filings. Upon termination of this Agreement, each such filing will be terminated. You understand that the System shall be marked and identified as Our property. S. Customer Obligations. ,(a) Representations and Warranties You represent, warrant, and agree that each of, the following is true and correct: (I) all information concerning You herein is true, correct, and complete; (ii) You are the only fee simple owners} of the Property (i.e., You have full and exclusive ownership rights to the Property); (ill) You own the roof on the Property and have the unrestricted right to install the System thereon; (iv) Your roof is in good condition and repair, without material defects, sufficient for Us to install the System; (v) You are at least eighteen (18) years of age; and (vi) You have had the opportunity to review and discuss this Agreement with Our sales agent and any other advisor You may desire to consult. You understand that any mistake, misrepresentation, or omission in this Agreement made by You is a material breach of this Agreement and entities Us to the remedies provided for in Section - Will). We make no representations or warranties except as expressly set forth In this Agreement. (b) Cult2mer insurance. You currently have and agree to maintain customary property and liability insurance with respect to Your Property, (c) EziS(12 )jigjgj1j2ps aag Conditlops. We shall not be held responsible for any existing violations of applicable building regulations or ordinances on Your Property, whether cited by the appropriate authority or not. We are not responsible for any preexisting conditions on Your Property, Prior to installation, You shall give to Us a copy of any easements, restrictions, or rights of way relating to the Property. If You do not do so, We will assume that none exist, and You shall be solely liable for any violation of such easement, restriction, or right of way. (d) Grant of Access. You hereby grant to Us and Our employees, agents, and contractors the right to access and use Your Property so that We may (i) install, operate, and maintain the System throughout the Term, (ii) enforce Our rights as to this Agreement and the System and the System Interests, and (iii) take any other action reasonably necessary in connection with the construction, installation, operation, maintenance, repair, or removal of the System. The foregoing rights of access to Your Property shall constitute a license coupled with an interest and shall be irrevocable for up to ninety (90) days after this Agreement terminates to provide Us with time to remove the System at the end of the Term. (e) Modifications after Install. (i) Alterations. You shall not (1) touch, handle, operate, alter, repair, or otherwise modify the System or any component thereof; and (2) take any action that could void or impair any warranty relating to the System. You will be responsible for any damage to the System that is caused at any time by You or Your licensees, guests, invitees, contractors, or agents. (H) Property Repairs, You are not permitted to make repairs or improvements to Your Property that may interfere with the performance or operation of the System without Our prior consent pursuant to this SggjgnjSW. After the fifth (51') anniversary of the In - Service Date, if You provide Us with thirty (30) days' prior written notice, then We will temporarily remove and reinstall the System at Your request to allow for such repair or Improvement (a "05tormr-RequesW 9kMowifl. You will be required to (1) pay to Us a fee equal to Four Hundred and Ninety -Nine Dollars ($499) before We remove the System; (2) securely store the System components during the Customer -Requested Shutdown; and (3) pay the Shutdown Payment if the System is not reinstalled within thirty (30) days of Copyright .9 2011 2015 V v nt War Deve*oper, LLC Afl Rr�*,ts qns2n,-zi, PPA {5/21115, v3 1) ! Page 6 removal, A Customer -Requested Shutdown during the first five (5) years of the Agreement will be done at Our sole discretion and at a cost mutually agreed before We remove the System. THE CUSTOMER -REQUESTED D SHUTDOWN COSTS DESCRIBED IN THIS SECTION 5(g) ARE NOT AN EARLY CANCELLATION FEE. OTHER THAN AS SET FORTH IN THE NOTICE OF CANCELLATION AND SEC_TJQ!S5 fifbl AND fiJr YOU ARE NOT ALLOWED TO TERMINATE OR CANCEL THIS AGREEMENT PRIOR TO THE END OF THE TERM. (M) Required Changes. If You, the Utility, or any governmental agency requires (1) any change to the System after its installation, You shall pay Our standard parts and labor charges; or (2) that We pay any tax, fee, or other charge in relation to the System or this Agreement after the In -Service Date, then You shall be responsible to reimburse Us for such tax, fee, or other charge (including any taxes under Section Silo). (0 Insolation. You acknowledge and agree that the System's unobstructed access to sun0ght ('1mulabbW) is essential to Us and is a material inducement to Our entering into this Agreement. At all times during the Term, You shall not cause, permit, or otherwise allow any circumstance or condition within Your control that could adversely affect Insolation, including (without limitation): (i) any material alteration of Your Property where the System is installed; (ii) the installation of any structure, or any other obstruction; (iii) the growth of trees and other foliage; or (iv) the emission from Your Property of particulate matter, smoke, fog, steam or any other airborne impediments that materialtV affect Insolation. You agree to trim all trees and other foliage to ensure that shading of Your roof and the System is no worse than on the Transaction Date. If You become aware of any potential development or other activity on adjacent or nearby properties that could diminish the Insolation, You shall promptly notify Us and shall cooperate with Us in reasonable measures We may take In an attempt to preserve existing levels of Insolation. Notwithstanding any other right or remedy provided in this Agreement, You agree that We would be Irreparably , harmed by Your breach of Your ,obligations under this Section and that an award of damages would be inadequate to remedy such a breach, and that therefore We shall be entitled to equitable relief, including specific performance, to compel Your compliance with the provisions of this Section, without proof of any damages or posting of any bond or similar security. (g) Your Prooerty. You are responsible to ensure that Your Property (including all electrical systems and the roof} is maintained in good condition and repair. It is Your responsibility to remove or protect any personal property or fixtures (including, but not limited to, decorations, furniture, vehicles, plants, and other valuables) in the areas of Our work and the locations surrounding the System. We are not responsible for damages or loss of said items whether caused by Our personnel, equipment, or natural causes (including, without limitation, damage caused by snow faffing from Your roof). (h) Use of the System. You shall use the Energy from the System primarily for personal, family, or household purposes, but not to heat a swimming pool. At all times, You shall ensure that the Property remains grid -connected to the Utility. (i) Broadband Internet Connection. You must provide the System with continuous access to a functioning broadband internet connection with one (1) wired Ethernet port and standard electrical outlet, at Your cost. If You fail to maintain broadband internet or electrical connection for a period of time, We may (i) charge You the Shutdown Payment, and/or (ii) estimate any performance guarantee payment. 0) Authorizations. Prior to installation of the System, You shall obtain from Your mortgagee, home owners' association, or any other person with an interest in Your Property all authorizations necessary for Us to install, operate, and maintain the System. Your failure to obtain these authorizations in a timely manner may result in termination of this Agreement. (k) IgKgs, You will pay all taxes assessed on or arising from installation or operation of the System, including any transaction privilege, general excise, use, sales or other transaction -based taxes on the Energy produced by the System, and any real or personal property taxes on the System that Your local jurisdiction may levy, (1) Further AjAWEAngas, Upon Our request, You shall promptly sign and return, or otherwise assist Us in obtaining: (i) any application agreement, or other document necessary for Us to obtain any System Interests; (ii) any permits, Interconnection, net metering agreements, and other documents required by the Utility; (iii) any document necessary to verify Our ownership interest in the System and System Copyr FhT ',) 2011 2015 V:v.nt Solar Devc!cper, LLC All Re;t�zs P=_2rv—,d PPA %,,12015, vJ 1) 1 Page 7 Interests; and (iv) Ybu shall promptly comply with any of Our additional requests so that We may obtain possession of all System Interests. To the extent permitted by applicable law, You hereby authorize Us to complete any documents referenced above in this 5"tign 5(1) by adding any information necessary. (m) Qpty to Notify. You shall promptly notify Us if (i) You notice any person or thing interfering with the operation of the System; (!I) Your Property has any ordinance or permit violations or encumbrance that may prevent proper System permitting, installation, or operation, (iii) You take any emergency action with respect to the System; or (1v) You receive or otherwise acquire any System Interests, including any incentive payments. Your failure to promptly notify Us of such matters shall be a Customer Default under Section 6(biji). In the event of an emergency affecting the System, You shall contact Us immediately. If We are unable to timely respond, You may (at Your own expense) contract with a licensed and qualified solar installer to remove the System as necessary to make repairs required by the emergency. You shall be responsible for any damage to the System that results from actions taken by Your contractor. (n) Transfer of Property. You are required to notify Us thirty (30) days prior to any sale or transfer of Your Property. When notifying Us, You will be required to provide the following information: the name of the person buying Your Prop" or the transferee (the "Property rrarisfivee), the anticipated date of the sale or transfer, and any additional information We reasonably request. if the Property Transferee meets Our credit qualifications, then (where permitted by the Utility and applicable law) the Property Transferee can sign a transfer agreement, assuming all of Your rights and obligations under this Agreement. Prior to any such sale or transfer of Your Property, You agree to have the Property Transferee sign the transferee agreement. YOU ACKNOWLEDGE AND AGREE THAT UNTIL THE PROPERTY TRANSFEREE HAS SIGNED THE TRANSFER AGREEMENT AND WE HAVE ACCEPTED T14E PROPERTY TRANSFEREE THEREUNDER, YOU SHALL REMAIN RESPONSIBLE FOR. ALL OBLIGATIONS IN THIS AGREEMENT. Alternatively, if We determine that the Property Transferee is not adequately creditworthy to assume Your obligations under this Agreement, or the Property Transferee refuses to assume Your obligations under this Agreement, We may terminate this Agreement on written notice to You and You will be obligated to pay to Us an amount equal to Four Dollars ($4) per watt instafted, subject to a reduction of five percent (5%) per year (e.g., in year 20, the Transfer Payment will be $1.56 per watt installed), plus applicable taxes (the "TrznskrPayy7mW). After You pay to Us the Transfer Payment, We will transfer ownership of the System to You on an "As Is, Where Is" basis; provided that We will retain all right and title to the System Interests. Notwithstanding any other provision in this Agreement, if the proposed transfer of Your Property to the Property Transferee is a lease or other transfer that is not a fee simple sale, You will remain responsible for performance of Your obligations under this Agreement. You agree that the death of all Customers hereunder shall be deemed a transfer of Your Property, and We will work with Your successors and heirs to transfer this Agreement under this Section 5(n). 6. Special Circumstances. (a) System Shutdowns. (1) Safety Shutdown. In addition to Our right to shut down the System for maintenance, We may shut down the System if We reasmably believe that Property conditions or activities of persons on the Property, which are not under Our control, whether or not under Your control, may interfere with the safe operation of the System (a 'Safety Shutdowfl. During the pendency of a Safety Shutdown, You will pay Us the Shutdown Payment. (H) Property Vacated. In the event that You vacate Your Property for any period of time as a result of an event that is not a Force Majeure Event or a Seller Default, You will continue to pay Us for all the Energy produced by the System. (iii) Interconnection Deactivation. If interconnection with the Utility becomes deactivated for reasons that are not (1) a Force Majeure Event, or (2) caused by or related to Our unexcused action or inaction, such that the System is no longer able to produce electricity or transfer electricity- to You or to the Utility, You will pay Us the Shutdown Payment. (iv) Shutdown Payment, The NAMblim Pa~ shall equal the sum of (1) payments of the Energy Price that You would have made to Us as described In Section 31a) for the Energy that would have been produced by the System during the period of the shutdown; (2) the value to Us of the System Interests that We would have received during such shutdown; and (3) applicable taxes. Determination of the amount of Energy that would COW ?,ht J 2011 2015 V.vMt Solar D--VC'CPer. LLC Afl R!,lhts R=—rwd PPA f612015, v31) 1, Page 8 have been produced during the period of the such failure Is not cured within thirty (30) days after shutdown shall be based on estimated levels of You give Us written notice of such failure. production. If We bill You for the Shutdown Payment because the System is not reporting Energy production to Us, and We subsequently determine that We have either overestimated or underestimated the actual Energy production, then We will adjust the next invoice with a non-refundable credit (for over -billing) or an additional charge (for under -billing). You will not be charged for Shutdown Payment when the System is not producing Energy due to Our fault If a shutdown pursuant to Section 5(e) or this Section 6(a) continues for one hundred and eighty (180) days or longer, We may, in Our sole discretion, terminate this Agreement and require You to pay the Default Payment (b) Events of Default (i) Customer DeNult A "Q&bmer Defauft' shall mean the occurrence of any of the following: (1) Your failure to make any payment under this Agreement within ten (10) days of when due and such failure is not cured within ten (10) days after We give You written notice of such failure; (2) Your failure to perform any obligation under this Agreement and such failure is not cured within thirty (30) days after We give You written notice of such failure; (3)You deny Us, Our contractors or agents, governmental authorities, or the Utility access to Your Property and such access is not given within thirty (30) days after We give You written notice of the failure to provide such access; (4) Your bankruptcy, insolvency; or admission of Your inability to pay Your debts as they mature.- or (5) Your Property becoming subject to a foreclosure proceeding. (ii) Remedies for Customer Defoult. If a Customer Default occurs, We may exercise any of the following remedies: (1) terminate this Agreement and demand You pay the Default Payment; (2) leave the System in place on Your Property, but deny You use of the Energy it produces, which may be redirected and sold at Our election; (3) disconnect or take back the System as permitted by applicable law; (4) place a lien on Your Property; (5) engage a collection agency to collect payments from You; (6) report Your default to ,credit reporting agencies, (7) suspend Our performance under the Agreement; and/or (8) exercise any other remedy available to Us in this Agreement or under applicable law. Sellers remedies set forth in this Sectign 6(b)(ii) are cumulative and not exclusive, (M) Seller Default. A wS0#erZk_*1& shall mean Our failure to perform any of Our material obligations under this Agreement and the effect of fly) Remedies for Seller Default, If a Seller Default occurs and is continuing, You may: (1) terminate this Agreement and request removal of the System from Your Property; and/or (2) except as provided below, exercise any other remedy available to You in this Agreement or under applicable law. Notwithstanding the foregoing, You will have no right to claim damages as a result of the termination of this Agreement, except for (x) the actual costs to remove the System, if We fail to remove the System from Your Property pursuant to Section 6(c) and (y) any damages to Your Property resulting from the removal of the System by Us or Our contractor. (y) Default Payments. If this Agreement is terminated for any reason, other than pursuant to the Notice of Cancellation, Section 6(d) or a Seller Default,, You will pay to Us the Default Payment. The "DefauffftmenF shall be an amount equal to Seven Dollars ($7) per watt installed, subject to a reduction of five percent (5%) per year (e.g., in year 20, the Default Payment will be $2.68 per watt inst, tailed), plus applicable taxes. You agree that the Default Payment fairly reflects the value of the System, and, in the case of a Customer Default, is a fair representation of the damages and losses that We expect to incur. After You pay to Us the Default Payment, We will transfer ownership of the System to You on an 'As Is, Where Is' basis; provided that We will retain all right and title to the System Interests. (c) Termination. (i) Termination by Seller. We may, in Our sole discretion, terminate this Agreement (1) if prior to the In -Service Date, upon delivery of written notice to You; or (2) upon the occurrence of a Customer Default, Within ninety (90) days after termination of this Agreement, other than under the circumstances in which the System is transferred to You under Section 21b1Section 5[n) or Section, 6(b) We will remove the System and restore all rooftop penetrations to be free from leaks. If We elect to terminate this Agreement, We will have no further liability to You, (H) Termination by Customer. You may terminate this Agreement (1) pursuant to the terms of the Notice of Cancellation, or (2) upon a Seller Default. (d) Fgrce Maieurg. if You or We are unable to perform any of the obligations under this Agreement because of a Force Majeure Event, such affected Party will be excused from whatever performance is affected by the Force Majeure Event; provided that the Capyr:ght 12011 2015 V v.nt Solar Developer, LLC All RiTllts Rzsctwd PPA (512015, v3 1) 1 Page 9 suspension of such obligations is of no greater scope and of no longer duration than is required by the Force Majeure Event, "Fo= Moj&jm 60W shall mean any event, condition, or circumstance beyond the control of the affected Party which, by the exercise of due foresight such Party could not reasonably have been expected to avoid, and which by the exercise of due diligence such Party without fault attributable to it is unable to overcome, including, but not limited to, action by a governmental authority, the failure to act on the part of any governmental authority or the Utility (provided that such action has been timely requested and diligently pursued), failure to obtain or maintain a permit, license, consent, or approval (provided that such Party has made timely and reasonable commercial efforts to obtain and maintain the same), labor dispute, strike, work -stoppage, slow -clown, lock- out, flood, earthquake, volcano, fire, lightning, wind, epidemic, war, terrorism, Hot, econorrdc sanction or embargo, civil disturbance, act of god, unavailability crif electricity from the Utility, equipment, supplies of products, power or voltage surge caused by someone other than the affected Party, or failure of equipment not utilized by or under the control of the affected Party. In no event shall a Force Majeure Event excuse You from any of Your payment obligations under this Agreement. (e) Arbitration of Disputes. Most customer concerns can be resolved quickly and amicably by calling Our customer service department at 877.404.4129. If Our customer service department is unable to resolve Your concern, You and We agree to resolve any Dispute (as such term is defined bellow) through binding arbitration or small claims court instead of courts of general jurisdiction. BY SIGNING BELOW, YOU ACKNOWLEDGE AND AGREE THAT (1) YOU ARE HEREBY WAIVING THE RIGHT TO A TRIAL BY JURY; (2) YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; AND (3)THE FEDERAL ARBITRATION ACT (9 U.S.C. § I et seq.) GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION. Except for claims brought in small claims court, You and We agree to arbitrate all disputes, claims, and controversies arising out of or relating to (I) any aspect of the relationship between You and Us, whether based in contract, tort, statute, or any other legal theory; (ii) this Agreement or any other agreement concerning the subject matter hereof; (III) any breach, default, or termination of this Agreement; and (Iv) the interpretation, validity, or enforceability of this Agreement, including the determination of the scope or applicability of this 5gr.LjQ!3 filcl (each, a 'DIsputd'). Prior to commencing arbitration or an action in small claims court, a Party must first send a written 'Notice of Dispute' via certified mail to the other Party. If You elect to commence arbitration or file a claim in small claims court, the Notice of Dispute must be sent to VIVINT SOLAR DEVELOPER, LLC, 3301 N Thanksgiving Way, Suite 500, Lehi, UT 84043, Attw Legal Department. If We elect to Initiate arbitration or file a claim in small claims court, We will send the Notice of Dispute to Your billing address. The Notice of Dispute must describe the nature and basis for the Dispute and the relief sought. If You and We are unable to resolve the Dispute within thirty (30) days thereafter, then either Party may commence arbitration. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures and in accordance with JAMS Policy on Consumer Arbitrations Pursuant to Pre -Dispute Clauses Minimum Standards of Procedural Fairness (available at: hlttp://www.jamsadr.com, the 'JAMS Rifles") and under the rules set forth in this Agreement. Any claim against a state home improvement guarantee fund (including under Maryland Code § 8-405(c)) by You shall be stayed until the completion of any mandatory arbitration proceeding. The arbitrator shall be bound by the terms of this Agreement. No matter the circumstances, the arbitrator shall not award punitive, special, exemplary, indirect, or consequential damages to either Party or any other award inconsistent with the limitations set forth in Section-7fal. Claim for less than $10,000. If the relief sought by either Party is for less than $10,000, the following shall apply. You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing near Your Property consistent with the JAMS Rules. If You are required to pay a filing fee, after We receive notice that you have commenced arbitration, We will promptly reimburse You for Your payment of any filing fees. If the arbitrator Issues You an award that is greater than the value of Our last written settlement offer made before an arbitrator was selected (or if We did not make a settlement offer Copyr ght P) 2011 2015 V v nt Sdir Dev;:'Oper, LLC All Rs; rr; 172;em2d PPA (612025, vJ 1) ! Page 10 before an arbitrator was selected), then We will pay You the lesser of the amount of the award or $10,000, plus reasonable attorneys' fees Incurred by You and awarded by the arbitrator. Except as expressly set forth herein, the payment of all costs, filing fees, and administration and arbitrator fees will be governed by the JAMS Rules. ,Claims for $10,000 or more, If the relief sought by either Party is for $10,ODO or more, afl fees and costs (including filing fees, administration and arbitrator fees, all attorneys' fees, travel expenses, and other costs of the arbitration) shall be borne by You and Us in accordance with the JAMS Rules, JAMS Policy an Consumer Arbitrations Pursuant to Pre -Dispute Clauses Minimum Standards of Procedural Fairness, and applicable law. The arbitration shall be conducted at a mutually agreeable location near Your Property. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned, written decision sufficient to explain the essential findings and conclusions on which the award is based and judgment on an arbitration award may be entered in any court of competent jurisdiction. Nothing in this Section 6(e) shall preclude You or We from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction. NOTICE- BY INITIALING IN THE SPACE BELOW, YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION DECIDED BY BINDING NEUTRAL ARBITRATION AS PROVIDED BY THE FEDERAL ARBITRATION ACT AND 'OTHER APPLICABLE LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS, TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL, BY INITIALING IN THE SPACE BELOW, YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTW PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROMMON ON, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE FEDERAL, ARBITRATION ACT AND OTHER APPLICABLE LAW. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. YOU HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF T14E MATTERS INCLUDED, IN THE *ARBITRATION OF DISPUTES* PROVISION TO NEUTRAL ARBITRATION. ME AGRM TO ARSM110N AND WAIVE THE RIGHT TO A JURYTRIAL (0 fignmins Law. This Agreement, and any instrument or agreement required hereunder, shall be governed by, and construed under, the internal laws of the state where the Property is located. 7. Miscellaneous. (a) Limitation of Liability. You understand that: (i) We are not an insurer of Your Property, personal property, or personal safety of persons in or on Your Property, (ii) You are solely responsible for providing any insurance with respect to Your Property and its contents; (iii) the amount You pay to Us is based only on the value of the Energy produced by the System and not on the value of Your Property or its contents; (iv) the System may not always operate property for various reasons; (v): it is difficult to determine in advance the value of the components of the System that might be lost or destroyed if the System fails to operate property, and (vi) it is difficult to determine in advance what portion, if any, of any property loss, personal injury, or death would be proximately caused by Our failure to perform, Our negligence, or a failure of the System, or the System installation. NOTWITHSTANDING ANY BREACH OF THIS AGREEMENT, ANY FAILURE OF THE SYSTEM, OR ANY NEGLIGENT ACT THAT CAUSED ANY INJURY OR LOSS (WHETHER PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH) TO ANYONE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND YOU AGREE THAT, UNLESS SUCH INJURY OR LOSS WAS CAUSED BY A PARTY'S GROSS NEGLIGENCE, FRAUD, VIOLATIONS OF LAW, OR WILLFUL INJURY, SUCH PARTY'S LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL IN NO EVENT EXCEED THE DEFAULT PAYMENT. YOU AND WE AGREE THAT THIS AMOUNT IS A FAIR REPRESENTATION OF THE DAMAGES THAT YOU OR WE EXPECTTO INCUR IN THE CASE OF ANY INJURY OR LOSS HEREUNDER. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO CLAIM SHALL BE MADE BY YOU AGAINST US OR ANY OF OUR AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR CONTRACTORS FOR ANY SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (WHETHER OR NOT THE CLAIM THEREFORE IS BASED ON CONTRACT, TORT, DUTY IMPOSED BY LAW, OR Copyr ght 10 2011 2015 Vvnt Solar Dzve.'oper, LM Al! R1r.-_M-2d PPA (612015. v3 1) 1 Pjae 11 OTHERWISE), iN CONNECTION WITH, ARISING OUT OF, OR IN ANY WAY RELATED TO THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT OR ANY ACT OR OMISSION OR EVENT OCCURRING IN CONNECTION THEREWITH. YOU HEREBY WAiVE, RELEASE, AND AGREE NOT TO SUE UPON ANY SUCH CLAIM FOR ANY SUCH DAMAGES, WHETHER OR NOT ACCRUED AND WHETHER OR NOT KNOWN OR SUSPECTED TO EXIST IN YOUR FAVOR. YOU FURTHER AGREE THAT NO CLAIM, LAWSUIT, OR ANY OTHER LEGAL OR ARBITRATION PROCEEDING IN CONNECTION 1NtITI"I, ARISING OUT OF, OR IN ANY WAY RELATED TO THIS AGREEMENT MAY BE BROUGHT, COMMENCED OR FiLED MORE THAN ONE (1) YEAR AFTER THE INCIDENT GIVING RISE TO SUCH CLAIM. YOU ACKNOWLEDGE THAT WE ARE RELYING ON THIS SECTION 7lal AS A CONDITIONAND MATERIAL INDUCEMENT TO EWER INTO THIS AGREEMENT. (b) Indemnification. To the fullest extent permitted by applicable law, You hereby agree to indemnify, advance expenses, and held; harmless Us and Our affiliates, directors, employees, agents, contractors, and Our successors and assigns (each, a "C ivered Petw ') from any and all third party claims, actions, costs, expenses (including reasonable attorneys` fees and expenses), damages, liabilities, penalties, losses, obligations, injuries, demands, and liens of any kind or nature in connection with, arising out of, or in any way related to (i) Your breach of this Agreement, or (ii) Your negligence or wilni misconduct; provided that Your indemnification obligations under this Section 7(b) shall not apply if the harm or damage that is the basis for such third party claim occurred while one of Our employees or agents was at Your Property and such harm or damage was caused by the gross negligence, violation of law, or willful misconduct of such employee or agent. (c) Subr ation. You agree to release all Covered Persons from any claims of any parties suing through Your authority or in Your name, such as Your insurance company, and You agree to defend Us against any such claim, YOU AGREE TO NOTIFY YOUR INSURANCE COMPANY OF THIS RELEASE. (d) Amendments and Waivers. This.. Agreement may only be amended or modified by an instrument in writing signed by both You and Us. (e) Entire Agreement. This Agreement, the Customer Packet, the Work Order, and any other agreements or documents incorporated herewith,. constitute the entire agreement between You and Us and supersede all prior oral and written negotiations, communications, discussions and correspondence pertaining to the subject matter hereof. (f) Our Transfer. We may assign, sell, or transfer (in whole or in part) this Agreement, the System, or the System Interests without Your consent and without notice. If such assignee agrees in writing to assume all of Our rights and obligations under this Agreement, We will have no further liability or obligation under this Agreement upon the effectiveness of such assignment. (g) Binding Effect. This Agreement shall be binding upon and inure to the benefit of You and Us and Our and Your respective heirs, legal representatives, successors, and permitted assigns. Except as otherwise expressly provided in this Agreement, or by operation of law, neither this Agreement nor any of the rights, interests, or obligations hereunder may be assigned by You without Our prior written consent. Any assignment by You without Our prior written consent shall be void. (h) Notice_ All notices, requests, demands, and other communications required or permitted to be given under this Agreement shall be in writing delivered to the applicable Party at the address set forth in this Agreement or to such other address as any Party may designate from time to time by written notice to the other Party. (i) Survival. After termination or expiration of this Agreement, any provisions which by their nature are intended to survive such termination or cancellation shall survive, including (without limitation) Sections 2tbi. 3, (g), l`, 5, 6 , and 7 and Exhibits A and B attached hereto. 0) $gverabillty. If any provision of this Agreement is held to be invalid, prohibited, or otherwise unenforceable by an arbitrator or court of competent jurisdiction, this Agreement shall be considered divisible and, such provision shall be deemed inoperative to the extent it is deemed invalid, prohibited, or unenforceable, and In all other respects this Agreement shall remain In full force and effect;: protdded, however, that if any such provision may be made enforceable by limitation thereof, then such provision shall be deemed to be so limited and shall be enforceable to the maximum extent permitted by applicable law. Copyr r,ht 0 2011.2015 `,t.v:nt Solar D2vc.'cper. LLC. All M7,S s P-semzd PPA (512015. vJ .) 1 Page 12 (k) Counterparts. This Agreement may be executed In one or more counterparts, and all such counterparts shall be deemed to constitute one instrument..A facsimile or portable document, format ("pdf") shall constitute an original for purposes hereof. (1) P!jblicit . You hereby authorize its to use Your and Your Property's voice, photograph,, video, and likeness in print media, radio, television, e-mail, social media, web materials, and any audio or video recording; provided that We agree that We will not disclose any of Your personally identifying information (except as provided in Section 71m J). You waive and forever release Us for any Dispute relating to or arising out of this SectioLl 7Q). (m) Eedit Check, in connection with the execution of this Agreement and at any time during the Term, You hereby authorize its to (1) obtain Your credit rating and report from► credit reporting agencies; (ii) to report Your payment performance under this Agreement to credit reporting agencies; and (III) disclose this and other information to Our affiliates and actual or prospective lenders, financing parties, investors, insurers, and acquirers. (SIGNATURE PAGE FOLLOWS1 Copyrght � 2011 2015 Viinnt Solar DevefWr, LLC- All Rights R:!2--rvzd. PPA 012015, 4.11 ! Pige 13 A. LIST OF DOCUMENTS TO BE INCORPORATED INTO THE CONTRACT: I. Residential Solar Power Purchase Agreement, ii. Exhibit A — Notice of Cancellation, iii. Exhibit B -- State Notices and Disclosures, iv. Customer Packet, and v. Work Order(s). These documents are expressly incorporated into this Agreement and apply to the relationship between You and Us. B. IT IS NOT LEGAL FOR US TO ENTER YOUR PREMISES UNLAWFULLY OR COMMIT ANY BREACH OF THE PEACE TO REMOVE GOODS INSTALLED UNDER THIS AGREEMENT. C. DO NOT SIGN THIS AGREEMENT BEFORE YOU HAVE READ ALL OF ITS PAGES. You acknowledge that You have read and received a legible copy of this Agreement, that We have signed the Agreement, and that You have read and received a legible copy of every document that We have signed during the negotiation. D. YOU RISK THE LOSS OF ANY PAYMENTS MADE TO A SALES REPRESENTATIVE. E. DO NOT SIGN THIS AGREEMENT IF THIS AGREEMENT CONTAINS ANY BLANK SPACES. You are VIVINT SOLAR DEVELOPER, LLC Printed Name: Todd Hildebrand Salesperson No.: 111846 entiltled to a completely filled In copy of this Agreement, signed by both You and Us, before any work may be started. F. YOU MAY CANCEL THIS TRANSACTION ATANYTIME BEFORE THE LATER OF: (I) MIDNIGHT OF THE THIRD (3RD) BUSINESS DAY AFTER THE TRANSACTION DATE, OR (II) THE START OF INSTALLATION OF THE SYSTEM OR ANY OTHER WORD DONE BY VIVINT SOLAR DEVELOPER, LLCON YOUR PROPERTY. IF YOU WISH TO CANCELTHIS CONTRACT, YOU; MUST EITHER: (1) SEND A SIGNED AND DATED WRITTEN NOTICE OF CANCELLATION BY REGISTERED OR CERTIFIED MAIL, RETURN RECEIPT REQUESTED; OR (2) PERSONALLY DELIVER A SIGNED AND DATED WRITTEN NOTICE OF CANCELLATION TO: ViVINT SOLAR DEVELOPER, LLC„ 3301 N THANKSGIVING WAY, SUITE 500, LEHI, UT 84043, ATTN: PROCESSING DEPARTMENT. SEE THE ATTACHED NOTICE OF CANCATION FOR AN EXPLANATION OF THIS RIGHT. THE. LAW REQUIRES THATTHE CONTRACTOR GIVE YOU A NOTICE EXPLAINING YOUR RIGHT TO CANCEL. DO NOT SIGN BELOW UNLESS THE CONTRACTOR HAS GIVEN YOU A `NOTICE OF THE THREE-DAY RIGHT TO CANCEL! G. You have the right to require us to have a performance and payment bond. Ct1STOMER(S): QQy��• Printed Mame: By_- Michelle ML,lvena BY., Printed Nome: Federal Employer ID No.: 80-0756438. State and Local License Nos.: A2: ROC -288627; CA: C46/C10-973756; CO: EC -0100200; CT: HIC-0634382, ELCO189635-E1; DE: T1-0006038; FL: EC13006740; HI: C13 -CT -33444; LA: EC -59753; A: HFC -170848, EC -13141A; MD: HIC-130385; N1: HIC-13VH06589300, EC-34EB01108500; NM: EE98-385223; NV: EC -01180170; NY: Nassau Co. H24099100, Putnam Co. PC6914, Rockland Co. H-11972-40-00-00, Suffolk Co. 51228-H, 49592 -ME, Westchester Co. 26664-H14; OR: CCB -196558, BCD-CLR28; PA: HIC-089970; UT: S200/S202-8694003-5501; Washington DC: HIC-420213000052, ECC -903277. Copyright V 2011.2015 Vivwnt Solar Developer. LLC All R,ght!, Reserved. PPA (617015, v3 1) 1 Page 14 i t J Transaction Date,1 Service r �, i • r t1• t' i •' D i• 0 a- s .: • # « r� �, •�i tit i e . � t•r t i t t r�. • a• •• s t a • • t ,. ,.r s �•t a• t • it � •ll • r i• ! • *• • ••r s r t iu • •' M r • i r �i is• t � • • f1 9I' . • • i' r t r Copynght 0 2012 2015 Vmnt Solar Developer, LLC All #Lghts Rtnervcd PPA +6/.2045, v3. ?J E Pzge 17 ► 0i ! * l ta Transaction Date,, 10/31/2015 Service No.: i r� • • i � r i i .; i i� s ,, iii M r i • ! ,rir r ,_r i i r�• Ali ., i. i. i � i i i .•! i iii • . r i` # i •i• topYr•ght 0 20112015 Vrvrnt Solar Dev--lvper, tl.0 All Rsgt s Resuwd. PPA WM15, tP3.1) 1 Page 1$ A. OBTAINING PERMITS. We shall obtain all necessary permits for the installation and operation of the System Homeowners who secure their own permits shall be excluded from the state guaranty funds. B. OUR LICENSES. HOME IMPROVEMENT CONTRACTORS ARE REQUIRED TO BE REGISTERED WITH THE DIRECTOR OF THE MASSACHUSETTS OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION. FOR INFORMATION ABOUT CONTRACTOR REGISTRATION REQUIREMENTS, CONTACT THE MASSACHUSETTS OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION: TEN PARK PLAZA, SUITE 5174, BOSTON, MA 02116, 617.973.8700 OR 888.283.3757. C. ARBITRATION. Notwithstanding anything to the contrary in the Agreement, the contractor and homeowner hereby mutually agree in advance that in the event that the contractor has a dispute concerning this contract, the contractor may submit such dispute to a private arbitration service which has been approved by the Office of Consumer Affairs and Business Regulation and the consumer shall be required to submit to such arbitration as provided in M.G.L. c. 142A. NOTICE: The signatures of the parties below apply only to the dispute resolution initiated by the contractor. The owner may initiate alternative dispute resolution even where this section is not separately signed. VIVINT SOLAR DEVELOPED, LLC By.- Printed y:Printed Narne. Todd Hildebrand Salesperson No.: 111846 CUSTOMER(S): Pn»tedNorne: Michelle Mulvena Br - Printed Narnse: Copvr ght (l 2011 2015 Vwnt Solar Devrlcper. LLC All R +ht; Rese+red PPA (6/3015, v3.1) 1 P.ige 26 f D x A Mac N C z� N OZ zz� p ry�� (n W 3� O _jmz 0 z '= zo 1 2 O r-00 x0> M Z 0r- 010 -n i 0 0 "- 2 �p mi � m °OCQM �o mIm m—Zz mn v_' m ------- r-0m= Z m1 0 Z 0 ;0 I I 1100 0 O rn Z -4D I I V '1 Z0 2 Z I I I 1 I O ( I I I C Z O I I D Iuz I I ^ Q- I I O I I CD I I D� I O to D < I I m M W m � � ( I v w d O cn m � m 0 N m D 0 z 0 v C m m c= Di INSTALLER: VIVINT SOLAR O o Mulvena Residence INSTALLER NUMBER: 1.877.404.4129 PV 1.0 m m 1 SITE m M M ��"j�� v v u u�0 sola( 55 Harwood St MA LICENSE: MAHIC 170848 PLAN North Andover, MA 01845 UTILITY ACCOUNT NUMBER: 53620-27026 DRAWN BY: JV AR 4703928 Last Modified: 11/13/2015 r C 3 z L7 G m z i o� Fn 0— ----------- w 0 A G m A O M 02 C G) m U). T rn G M0 o CO r mW 0 0 0 0 0 O O O N 3 U) T C N (� m z O 0- 3 0 0) .n. O 7 A O 2 z 0 m 0' G O -q 0;u CZ O 3 m0 70 cnN N z (7 m cn D < m CD �//�� (n A 00 O I. m Ngo � p � 3 N O 7 NN O (� r D z c= D= INSTALLER: VIVINT SOLAR O O Mulvena Residence INSTALLER NUMBER: 1.877.404.4129 m ROOF m ow l� l s O a 55 Harwood St MA LICENSE: MAHIC 170848 PLAN North Andover, MA 01845 UTILITY ACCOUNT NUMBER: 53620-27026 DRAWN BY: JV I AR 4703928 Last Modified: 11/13/2015 o� 00 D O < z Oma m >n0 o O �+ m00 o p r--or- 0 0 D C -iCnm r 0Cn m m W n� r (n m -u0X O �Z ��� Om� z o zm� O 00 0 D0cO ;CJ z M "' Z -n m _ _j W r Z O p K 0 m 0�0 0r ID 0 c-0 KID � m � to O m � m D D � n K 0 m 0 000 O�m D 0 z � < z �' 0K0 c �D �� Z D m� z Z5 c) =+ m > r m z m \ m Z r m O C > 0 (n (A O 0 Z r M m 0 C �Ct)K O�Z, m ;0m_ rn T Cn c � mr�� � D 0 A z �m mz � Z UJ FWF nDN N Z r^m Z m m y o r D r K 2 n n O n m� r F, � 0 0 D cn I O KmnM m D z 0 �X�� m r m D }; s O �o�� > xm0 C7 D Q Z _ �x0� O A 0 m 0 m Z N m 00 �K m-► co N W m I j D Z Z c= mm D= INSTALLER: VIVINT SOLAR O O Mulvena Residence INSTALLER NUMBER: 1.877.404.4129 PV 3.0 m MOUNT. m m � M v M V LJ [r�n[7 U LJ O C i/�� V V � � 55 Harwood St MA LICENSE: MAHIC 170848 p DETAILS North Andover, 01845 UTILITY ACCOUNT NUMBER: 53620-27026 DRAWN BY: JV AR 4703928 Last Modified: 11/13/2015 C i - y = INSTALLER: VIVINT SOLAR mm 3 -LINE mm INSTALLER NUMBER:1.877.404.4129 vivint. solar Mulvena Residence E 1.0 m MA LICENSE: MANIC 170848 North Andover, MA 55 Ha-ood St A DIAGRAM DRAWN BY: JV AR 4703928 Last Mori ied: 11/13/2015 UTILITY ACCOUNT NUMBER 53620-27026 W �� m + 9z B m� C i - y = INSTALLER: VIVINT SOLAR mm 3 -LINE mm INSTALLER NUMBER:1.877.404.4129 vivint. solar Mulvena Residence E 1.0 m MA LICENSE: MANIC 170848 North Andover, MA 55 Ha-ood St A DIAGRAM DRAWN BY: JV AR 4703928 Last Mori ied: 11/13/2015 UTILITY ACCOUNT NUMBER 53620-27026 oc / § ` § C q #{ n Cl) n `o b k k M� 0 m / �§ /\ 2 _ G §E q »] § �0#§ §2 qIn §� ,k§ k§ o r- r— 2 2 n /( \ \{ §/ §k . �I § k(\ [,§ .«. . . , S 2[§ . °«Q M -Z �- , -A (,.. � . .. � • � a - . ■ . ..y . ki3\ opo) b§) k\INSTALLER: VIVINT SOLAR / o �MU|Vena Residence DESIGN PV 4.0 ;® � ,2A iine so Harwood s _n �, 845 o&_sw m a ACCOUNT NUMBER: _z7026 vivint. so l a r Structural Group Scott E. Wyssling; PE Senior Manager of Engineering November 16, 2015 Mr. Dan Rock, Project Manager ,Vivint Solar 3301 North Thanksgiving Way, Suite 500 Lehi, UT 84043 3301 North Thanksgiving Way, Suite 500 Lehi, UT 84043 P: (801) 234-7050 scott.wyssling@vivintsolar.com Re: Structural Engineering Services Mulvena Residence 55 Harwood Street, North Andover MA S-4703928 12.48 kW Dear Mr. Rock: Pursuant to your request, we have reviewed the following information regarding solar panel installation on the roof of the above referenced home: 1. Site Visit/Verification Form prepared by a Vivint Solar representative identifying specific site information including size and spacing of members for the existing roof structure. 2. Design drawings of the proposed system including a site plan, roof plan and connection details for the solar panels. This information was prepared by the Design Group and will be utilized for approval and construction of the proposed system. 3. Photovoltaic Rooftop Solar System Permit Submittal identifying design parameters for the solar system. 4. Photographs of the interior and exterior of the roof system identifying existing structural members and their conditions. Based on the above information we have evaluated the structural capacity of the existing roof system to support the additional loads imposed by the solar panels and have the following comments related to our review and evaluation: Description of Residence: The existing residence is typical wood framing construction with the roof system consisting of the following: Roof Sections (1, 2, 3, and 4): Roof section is composed of 2x6 dimensional lumber at 16" on center with 2x6 collar ties every 48". The attic space is unfinished and photos indicate that there was free access to visually inspect the size and condition of the roof members. Based on the span of the existing rafters for roof section 3, a structural upgrade is required to strengthen the roof system. The method to be used shall be determined by the Licensed Construction Supervisor (CSL) under my direction and based on actual field conditions such as access to the attic and location of load bearing walls. Approved Structural Upgrade Options Knee wall or Purlin constructed of either 2 x 4's or 2 x 6's with a top and bottom plate attached to the rafters and attics joists respectively, shall be placed in the attic within 12" of a load bearing wall below the attic. If a purlin is utilized the maximum permitted angle shall be 45 degrees. Full length sister rafter shall be installed from the ridge to the exterior wall same size as the existing rafter. The sistered rafter shall be nailed with 16 penny nails in a staggered pattern every 18". One splice in the new rafter may be permitted if metal plates are installed on both sides of the rafter with 3/8" carriage bolts. Minimum of 2 bolts are required on both sides of the butt joint. vivint. solar Page 2of2 > f All wood material utilized for the roof system is assumed to be Spruce -Pine -Fir #2 or better with standard construction components. The existing roofing material consists of composite shingle. Our review of the photos of the exterior roof does not indicate any signs of settlement or misalignment caused by overstressed underlying members. Stability Evaluation: A. Wind Uplift Loading 1. Refer to attached Ecolibrium Solar calculations sheet for ASCE/SEI 7-10 Minimum Design Loads for Buildings and other Structures, wind speed of 100 mph based on Exposure Category B and 22 and 16 degree roof slopes on the dwelling areas.' Ground snow load is 50 PSF for Exposure B, Zone 2 per (ASCE/SEI 7-10). 2. Total area subject to wind uplift is calculated for the Interior, Edge and Corner Zones of the dwelling. B. Loading Criteria 10 PSF = Dead Load (roofing/framing) 50 PSF = Live Load (ground snow load) 3 PSF = Dead Load (solar panels/mounting hardware) Total Dead Load = 13 PSF C. Solar Panel Anchorage 1. The solar panels shall be mounted in accordance with the most recent 'Ecolibrium Solar Installation Manual", which can be found on the Ecolibrium Solar website (ecolibriumsolar.com). If during solar panel installation, the roof framing members appear unstable or deflect non -uniformly, our office should be notified before proceeding with the installation. 2. The solar panels are 1 '/" thick and mounted 4'/2' off the roof for a total height off the existing roof of 6". At no time will the panels be mounted higher than 6" above the existing plane of the roof. 3. Maximum allowable pullout per lag screw is 205 lbs/inch of penetration as identified in the Nation Design Standards (NDS) of timber construction specifications for Spruce -Pine -Fir assumed. Based on our evaluation, the pullout value, utilizing a penetration depth of 2 %2', is less than the maximum allowable per connection and therefore is adequate. 4. Roof Sections (1, 2, 3, and 4): Considering the roof slopes, the size, spacing, condition of the roof, the panel supports shall be placed at and attached no greater than every fourth roof member as panels are installed perpendicular across members and no greater than the panel length when installed parallel to the members (portrait). No panel supports spacing shall be greater than four (4) spaces or 64" o/c, whichever is less. 5. Panel support connections shall be staggered to distribute load to adjacent members. Based on the above evaluation, with appropriate panel anchors being utilized and the structural upgrades installed, the roof system will adequately support the additional loading imposed by the solar panels. This evaluation is in conformance with the 2009 International Residential Code with Massachusetts Amendments, current industry standards and practice, and the information supplied to us at the time of this report. Should you have any questions regarding the above or if you require further information do not hesitate to contact me. V truly yours, f., 4 Scott E. Wyssling, P MA License No. 54 wowonuosoIar Massachusetts - Department of Public Safety t i• Board of Building Regulations and Standards : slltt -rdt t), XI. 111ila i:.n 1. "".% icense: CS -108068 KYLE GREENE C � 44 MAIN STREET North Reading MA 018614 s,... --0-j; — Expiration Commissioner 01/20/2018 ��r1vl�LC! !� i2ii1 ti Q" ���r(f(,�iEi1�2�11.14!f Office of Consumer AffairsUv- d Business Regulation 10 Park Plaza - Suite 5170 Boston, Massachusetts 02116 Home Improvement Contractor Registration VIVINT SOLAR DEVELOPER LLC. KYLE GREENE 3301 N THANKSGIVING WAY SUITe 560 LEHI, UT 84043 ;CAI 0 2CM-05111 I Registration: 170848 Type: Supplement Card Expiration: 1/5/2016 Update Address and return card. Mark reason for change. E] Address 0 Renewal E] Employment Ej Lost Card EcolibriumSolar Customer Info Name: 4703928 Email: Phone: Project Info Identifier: 57178 Street Address Line 1: 55 Harwood St Street Address Line 2: City: North Andover State: MA Zip: 01845 Country: United States System Info Module Manufacturer: Trina Solar Module Model: TSM 260-PD05.08 Module Quantity: 48 Array Size (DC watts): 12480.0 Mounting System Manufacturer: Ecolibrium Solar Mounting System Product: EcoX Inverter Manufacturer: SolarEdge Technologies Inverter Model: SE1000OA-US (240V) Project Design Variables Module Weight: 43.0 lbs Module Length: 65.0 in Module Width: 37.0 in Basic Wind Speed: 100.0 mph Ground Snow Load: 50.0 psf Seismic: 0.0 Exposure Category: B Importance Factor: II Exposure on Roof: Partially Exposed Topographic Factor: 1.0 Wind Directionality Factor: 0.85 Thermal Factor for Snow Load: 1.2 Lag Bolt Design Load - Upward: 820 Ibf Lag Bolt Design Load - Lateral: 288 Ibf EcoX Design Load - Downward: 722 Ibf EcoX Design Load - Upward: 765 Ibf EcoX Design Load - Downslope: 297 Ibf EcoX Design Load - Lateral: 233 Ibf Module Design Moment — Upward: 3655 in -Ib Module Design Moment — Downward: 3655 in -Ib Effective Wind Area: 20 ft2 Min Nominal Framing Depth: 2.5 in Min Top Chord Specific Gravity: 0.42 Plane Calculations (ASCE 7-10): Roof 2 Roof Shape: Gable Roof Type: Composition Shingle Average Roof Height: 15.0 ft Least Horizontal Dimension: 22.0 ft Roof Slope: 22.0 deg Truss Spacing: 16.0 in Snow Load Calculations Edge and Corner Dimension: 3.0 ft Stagger Attachments: Yes Include Snow Guards: No EcolibriumSolar Description Interior Edge Corner Unit Flat Roof Snow Load 42.0 42.0 42.0 psf Slope Factor 0.88 0.88 0.88 psf Roof Snow Load 37.0 37.0 37.0 psf Wind Pressure Calculations Description Interior Edge Corner Unit Net Design Wind Pressure Uplift -19.4 -31.9 -47.9 psf Net Design Wind Pressure Downforce 11.4 11.4 11.4 psf Adjustment Factor for Height and Exposure Category 1.0 1.0 1.0 psf Design Wind Pressure Uplift -19.4 -31.9 -47.9 psf Design Wind Pressure Downforce 16.0 16.0 16.0 psf ASD Load Combinations Description Interior Edge Corner Unit Dead Load 2.6 2.6 2.6 psf Snow Load 37.0 37.0 37.0 psf Downslope: Load Combination 3 13.8 13.8 13.8 psf Down: Load Combination 3 34.2 34.2 34.2 psf Down: Load Combination 5 12.0 12.0 12.0 psf Down: Load Combination 6a 33.4 33.4 33.4 psf Up: Load Combination 7 -10.2 -17.7 -27.3 psf Down Max 34.2 34.2 34.2 psf Spacing Results (Landscape) Description Interior Edge Corner Unit Max Allowable Spacing Between Attachments 57.7 57.7 57.7 in Max Spacing Between Attachments With Rafter/Truss Spacing of 16.0 in 48.0 48.0 48.0 in Max Cantilever from Attachment to Perimeter of PV Array 19.2 19.2 19.2 in Spacing Results (Portrait) Description Interior Edge Corner Unit Max Allowable Spacing Between Attachments 43.5 43.5 43.5 in Max Spacing Between Attachments With Rafter/Truss Spacing of 16.0 in 32.0 32.0 32.0 in Max Cantilever from Attachment to Perimeter of PV Array 14.5 14.5 14.5 in EcolibriumSolar Layout Skirt Coupling • Clamp Bonding Jumper Note: If the total width of a continuous array exceeds 35 ft, break array to allow for thermal expansion and contraction. See Installation Guide for details. Warning: PV Modules may need to be shifted with respect to roof trusses to comply with maximum allowable overhang. EcolibriumSolar Roof Weights In Conformance with Solar ABC's Expedited Permit Process Module Quantity: 10 Weight of Modules: 430 lbs Weight of Mounting System: 220 lbs Total Plane Weight: 650 lbs Total Plane Array Area: 167 ft2 Distributed Weight: 3.89 psf Number of Attachments: 110 Weight per Attachment Point: 6 lbs Plane Calculations (ASCE 7-10): Roof 3 Roof Shape: Gable Roof Type: Composition Shingle Average Roof Height: 15.0 ft Least Horizontal Dimension: 13.0 ft Roof Slope: 16.0 deg Truss Spacing: 16.0 in Snow Load Calculations Edge and Corner Dimension: 3.0 ft Stagger Attachments: Yes Include Snow Guards: No EcolibriumSolar Description Interior Edge Corner Unit Flat Roof Snow Load 42.0 42.0 42.0 psf Slope Factor 0.99 0.99 0.99 psf Roof Snow Load 41.6 41.6 .41.6 psf Wind Pressure Calculations Description Interior Edge Corner Unit Net Design Wind Pressure Uplift -19.4 -31.9 -47.9 psf Net Design Wind Pressure Downforce 11.4 11.4 11.4 psf Adjustment Factor for Height and Exposure Category 1.0 1.0 1.0 psf Design Wind Pressure Uplift -19.4 -31.9 -47.9 psf Design Wind Pressure Downforce 16.0 16.0 16.0 psf ASD Load Combinations Description Interior Edge Corner Unit Dead Load 2.6 2.6 2.6 psf Snow Load 41.6 41.6 41.6 psf Downslope: Load Combination 3 11.7 11.7 11.7 psf Down: Load Combination 3 40.9 40.9 40.9 psf Down: Load Combination 5 12.1 12.1 12.1 psf Down: Load Combination 6a 38.5 38.5 38.5 psf Up: Load Combination 7 -10.2 -17.7 -27.3 psf Down Max 40.9 40.9 40.9 psf Spacing Results (Landscape) Description Interior Edge Corner Unit Max Allowable Spacing Between Attachments 52.8 52.8 52.8 in Max Spacing Between Attachments With Rafter/Truss Spacing of 16.0 in 48.0 48.0 48.0 in Max Cantilever from Attachment to Perimeter of PV Array 17.6 17.6 17.6 in Spacing Results (Portrait) Description Interior Edge Corner Unit Max Allowable Spacing Between Attachments 39.1 39.1 39.1 in Max Spacing Between Attachments With Rafter/Truss Spacing of 16.0 in 32.0 32.0 32.0 in Max Cantilever from Attachment to Perimeter of PV Array 13.0 13.0 13.0 in Layout � Skirt rm Coupling ® Clamp Bonding Jumper EcolibriumSolar Note: If the total width of a continuous array exceeds 35 ft, break array to allow for thermal expansion and contraction. See Installation Guide for details. Warning: PV Modules may need to be shifted with respect to roof trusses to comply with maximum allowable overhang. EcolibriumSolar Roof Weights In Conformance with Solar ABC's Expedited Permit Process Module Quantity: 8 Weight of Modules: 344 lbs Weight of Mounting System: 220 lbs Total Plane Weight: 564 lbs Total Plane Array Area: 134 ft2 Distributed Weight: 4.22 psf Number of Attachments: 110 Weight per Attachment Point: 5 lbs Plane Calculations (ASCE 7-10): Roof 4 Roof Shape: Gable Roof Type: Composition Shingle Average Roof Height: 15.0 ft Least Horizontal Dimension: 42.0 ft Roof Slope: 22.0 deg Truss Spacing: 16.0 in Snow Load Calculations Edge and Corner Dimension: 4.2 ft Stagger Attachments: Yes Include Snow Guards: No EcolibriumSolar Description Interior Edge Corner Unit Flat Roof Snow Load 42.0 42.0 42.0 psf Slope Factor 0.88 0.88 0.88 psf Roof Snow Load 37.0 37.0 37.0 psf Wind Pressure Calculations Description Interior Edge Corner Unit Net Design Wind Pressure Uplift -19.4 -31.9 -47.9 psf Net Design Wind Pressure Downforce 11.4 11.4 11.4 psf Adjustment Factor for Height and Exposure Category 1.0 1.0 1.0 psf Design Wind Pressure Uplift -19.4 -31.9 -47.9 psf Design Wind Pressure Downforce 16.0 16.0 16.0 psf ASD Load Combinations Description Interior Edge Corner Unit Dead Load 2.6 2.6 2.6 psf Snow Load 37.0 37.0 37.0 psf Downslope: Load Combination 3 13.8 13.8 13.8 psf Down: Load Combination 3 34.2 34.2 34.2 psf Down: Load Combination 5 12.0 12.0 12.0 psf Down: Load Combination 6a 33.4 33.4 33.4 psf Up: Load Combination 7 -10.2 -17.7 -27.3 psf Down Max 34.2 34.2 34.2 psf Spacing Results (Landscape) Description Interior Edge Corner Unit Max Allowable Spacing Between Attachments 57.7 57.7 57.7 in Max Spacing Between Attachments With Rafter/Truss Spacing of 16.0 in 48.0 48.0 48.0 in Max Cantilever from Attachment to Perimeter of PV Array 19.2 19.2 19.2 in Spacing Results (Portrait) Description Interior Edge Corner Unit Max Allowable Spacing Between Attachments 43.5 43.5 43.5 in Max Spacing Between Attachments With Rafter/Truss Spacing of 16.0 in 32.0 32.0 32.0 in Max Cantilever from Attachment to Perimeter of PV Array 14.5 14.5 14.5 in EcolibriumSolar Layout � Skirt rm Coupling 0 Clamp 4 Bonding Jumper Note: If the total width of a continuous array exceeds 35 ft, break array to allow for thermal expansion and contraction. See Installation Guide for details. Warning: PV Modules may need to be shifted with respect to roof trusses to comply with maximum allowable overhang. EcolibriumSolar Roof Weights , In Conformance with Solar ABC's Expedited Permit Process Module Quantity: 7 Weight of Modules: 301 lbs Weight of Mounting System: 220 lbs Total Plane Weight: 521 lbs Total Plane Array Area: 117 ft2 Distributed Weight: 4.46 psf Number of Attachments: 110 Weight per Attachment Point: 5 lbs Plane Calculations (ASCE 7-10): Roof 1 Roof Shape: Gable Roof Type: Composition Shingle Average Roof Height: 15.0 ft Least Horizontal Dimension: 42.0 ft Roof Slope: 22.0 deg Truss Spacing: 16.0 in Snow Load Calculations Edge and Corner Dimension: 4.2 ft Stagger Attachments: Yes Include Snow Guards: No EcolibriumSolar Description Interior Edge Corner Unit Flat Roof Snow Load 42.0 42.0 42.0 psf Slope Factor 0.88 0.88 0.88 psf Roof Snow Load 37.0 37.0 37.0 psf Wind Pressure Calculations Description Interior Edge Corner Unit Net Design Wind Pressure Uplift -19.4 -31.9 -47.9 psf Net Design Wind Pressure Downforce 11.4 11.4 11.4 psf Adjustment Factor for Height and Exposure Category 1.0 1.0 1.0 psf Design Wind Pressure Uplift -19.4 -31.9 -47.9 psf Design Wind Pressure Downforce 16.0 16.0 16.0 psf ASD Load Combinations Description Interior Edge Corner Unit Dead Load 2.6 2.6 2.6 psf Snow Load 37.0 37.0 37.0 psf Downslope: Load Combination 3 13.8 13.8 13.8 psf Down: Load Combination 3 34.2 34.2 34.2 psf Down: Load Combination 5 12.0 12.0 12.0 psf Down: Load Combination 6a 33.4 33.4 33.4 psf Up: Load Combination 7 -10.2 -17.7 -27.3 psf Down Max 34.2 34.2 34.2 psf Spacing Results (Landscape) Description Interior Edge Corner Unit Max Allowable Spacing Between Attachments 57.7 57.7 57.7 in Max Spacing Between Attachments With Rafter/Truss Spacing of 16.0 in 48.0 48.0 48.0 in Max Cantilever from Attachment to Perimeter of PV Array 19.2 19.2 19.2 in Spacing Results (Portrait) Description Interior Edge Corner Unit Max Allowable Spacing Between Attachments 43.5 43.5 43.5 in Max Spacing Between Attachments With Rafter/Truss Spacing of 16.0 in 32.0 32.0 32.0 in Max Cantilever from Attachment to Perimeter of PV Array 14.5 14.5 14.5 in EcolibriumSolar Layout Skirt o Coupling Clamp Bonding Jumper Note: If the total width of a continuous array exceeds 35 ft, break array to allow for thermal expansion and contraction. See Installation Guide for details. Warning: PV Modules may need to be shifted with respect to roof trusses to comply with maximum allowable overhang. EcolibriumSolar Roof Weights In Conformance with Solar ABC's Expedited Permit Process Module Quantity: 23 Weight of Modules: 989 lbs Weight of Mounting System: 220 lbs Total Plane Weight: 1209 lbs Total Plane Array Area: 384 ft2 Distributed Weight: 3.15 psf Number of Attachments: 110 Weight per Attachment Point: 11 lbs EcolibriumSolar Bill Of Materials Part Name Quantity ECO -001_101 EcoX Clamp Assembly 110 ECO -001_102 EcoX Coupling Assembly 64 ECO -001_105B EcoX Landscape Skirt Kit 10 ECO -001-105A EcoX Portrait Skirt Kit 6 ECO -001_103 EcoX Composition Attachment Kit 110 ECO -001_116 EcoX Flat -Tile Flashing 0 ECO -001_117 EcoX S -Tile Flashing 0 ECO -001_118 EcoX W -Tile Flashing 0 ECO -001_363 EcoX Lower Support - Tile 0 ECO -001_109 EcoX Electrical Assembly (optional) 4 ECO -001_106 EcoX Bonding Jumper Assembly 11 ECO -001_104 EcoX Inverter Bracket Assembly 0 ECO -001338 EcoX Connector Bracket 0 ECO_001-359 EcoX Lower Support - Low Slope 0 The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston, MA 02111 IV www mass gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name (Business/Organization/Individual): 1/; ✓ i n -t- <elIA Address: --3301 0. I.J..t Y City/State/Zip: Le - t i l L,4 -r (ZYy L( 3 Phone #: TV(- Z Z 4- Are you an employer? Check t appropriate box: 1. [�]' I am a employer with I_ 4• ❑ I am a general contractor and I Type of project (required): employees (full and/or part-time).* have hired the sub -contractors 6. ❑ New construction Remodeling 2. r_1 I am a sole proprietor or partner- listed on the attached sheet. $ ship and have no employees These sub -contractors have 8. ❑ Demolition working for me in any capacity. [No workers' comp, insurance workers' comp. insurance. 5. ❑ We are a corporation and its 9. ❑ Building addition required.] officers have exercised their 10.❑ Electrical repairs or additions 3. [:11 am a homeowner doing all work right of exemption per MGL 11,❑ Plumbing repairs or additions myself. [No workers' comp. c. 152, § 1(4), and we have no 12.❑ Roofr a' , insurance required.] t employees. [No workers' I��the comp. insurance required.] *Any applicant that checks box 91 must also fill out the section below showing their workers' compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. tContractors that check this box must attached an additional sheet showing the name of the sub -contractors and their workers' comp. policy information. I am an employer that is providing workers' compensation insurance for my employees Below is the policy and job site information. Insurance Company Name: N r; t�wte ri cert .1 4+S�rrt �, c Gs.+�wh y Policy # or Self -ins. Lic. M VV C 5'0' (o O/ y U Expiration Date: I( I r Z �� G Job Site Address: 1 City/State/Zip: W,017,f I 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 tip to $250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify under the pains and penalties of perjury that the information provided above is true and correct. Signature: Date: 1 it - Z - 1 i' Phone_#: _ TO I- Z 2- q— (, Y S `l Oficial use only. Do not write in this area, to be completed by city or town offu ial, 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 M CERTIFICATE OF LIABILITY INSURANCE (MMID DATE 101291120152015 IYYYY) 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 MARSH USA INC. 122517TH STREET, SUITE 1300 DENVER, CO 80202-5534 Attn: Denver.CedRequest@marsh.com Fax: 212-948-0381 CONTACT NAME: HOE A/CNNo, Ext : FAX No): E-MAIL LIMITS A INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Evanston Insurance Company 35378 INSURED Vivint Solar Developer, LLC INSURER B : Zurich American Insurance Company 16535 INSURER C : American Zurich Insurance Company 40142 3301 North Thanksgiving Way, Suite 500 Lehi, UT 84043 INSURER D : Scottsdale Insurance Company 41297 INSURER E: X SIR: $100,000 INSURER -F: CUVEKAGES CERTIFICATE NUMBER: SFA -002920030-04 RFVICInN NIIMR90•2 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD POLICY EXP MM/DD LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR 15PKGWE00274 11/01/2015 0112912016 EACH OCCURRENCE $ 1,000,000 DAMAGET—ORPREMISES EaEoccurrence) $ 50,000 MED EXP (Any one person) $ 5,000 X SIR: $100,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY a EC LOC GENERAL AGGREGATE $ 5000000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: B AUTOMOBILE LIABILITY BAP509601501 11/01/2015 11/01/2016 COMBINED SINGLE LIMIT $ 1,000,000 Ea accident ANY AUTO BODILY INJURY (Per person) $ Ix ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY Per accident) $ HIRED AUTOS X NON -OWNED AUTOS PROacciPERTY DAMAGE $ Per dent Comp/Coll Ded $ 1,000 D UMBRELLA LIAB X OCCUR VES0002110 11/01/2015 01/29/2016 EACH OCCURRENCE $ 5,000,000 X EXCESS LIAB CLAIMS -MADE AGGREGATE $ 5,000,000 DED I I RETENTION $ 1 $ C B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) Dyes, describe under DESCRIPTION OF OPERATIONS below N / A WC509601301 AZ, CA, CT, HI, MD, NJ, NY, NV, NM, OR, PA, UT WC509601401 (MA) 11/01/2015 11/01/2015 11101/2016X 11/01/2016 PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Errors & Omissions & 15PKGWE00274 11/01/2015 01129/2016 LIMIT 1,000,000 Contractors Pollution SIR 100,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached D more space is required) Town of North Andover 1600 Osgood St. Building 20 Suite 2035 North Andover, MA 01845 LIA19\.CLLA I IU14 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Kathleen M. Parsloe m. f4corti ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD Massachusetts - Department of Public Safety Board of Building Regulations and Stanaards 1 -n,. '1. 0. A vil+< ....v, ' ice'nse. CS -108068 KYLE GREENE 44 MAIN STREET . North Reading MA 018 Expiration Commissioner 0112=018 Office of Consumer Affairs d Business Regulation 10 Park Plaza - Suite 5170 Boston, Massachusetts 02116 Home ImprovemeDi Contractor Registration VIVINT SOLAR DEVELOPER LLC. KYLE GREENE 3301 N THANKSGIVING WAY SUITt ,D(} LEHI, UT 84043 ;CA 1 a 2GM-W11 Registration: 170848 Type: Supplement Card Expiration: 1 /5/2016 Update Address and return card. Mark reason for change. 0 Address [] Renewal ❑ Employment [j Lost Card i J " NORTH ANDOVER RUELDING DEPARTMENT 1600 Osgood Stmet North Andover Tel: 978-688-•9545 Fax: 979-688-9542 .PESA]�',�',�`FOAV EOR TOWN CLERK ?0-lL ADDRESS: ss ZGN NTGDlS R-lC WIT 01MUSINESS., BUILDING LAYOUT PROVIDE, D. ES NO ZONBo GF.. YLAW US.AGL: NO J3USWss FORM roR.TowN CLERx 40 Rome Occupation (198913.2) An accessorSr use conducted within a dwelling by a resident who residas k the, dwelling as his principal address, which is clearly secon&a r �to the use• of the •buuilding for Wng purposes, Home occupations shall 'iiicli7de, "but uot'.Iiinited -to the following uses; personal services such as finnished bjr an artist or instnmtor, but not occupation involved with motor -vehicle repairs, beauty parlors, auimal kemals, or the conduct of xdail business, or tiiexnanu 'aciuriiig a goods, which impacts the residential naiuze o£ihe neighborhood, For use of a dwolling in zany residential. district or m7If -..ialnilY district for a borne occupation, 60 following conditions shall apply: a, Not more than a total of three (3) people maybe employed in tb ozne occupation, ona of whom shall be ihu>owxier of thdfi6mec ccupation a4d residing iii. said dirlelling; b. The use is carried building; o. There shall. be, no cK(wior alterations, accessory buildings, or display which, arc not customaly • 'txriih residential buildil~�gs; . d. Not more than twentsr five (25) percent of the eAisfhg gross :door area. of Jie dlwift unit so used, not to exceed one thousand (1OOD) square feet, is devoted to 'such use. la connection with - such use, there is to be kept no stock in trade, commodities or products which occupy space beyondthese Jimits, e. 'Dere will be no display ofgo6& or wares visible from the street, f The building or premises occupied shall not be rendered objedlonablle or detrimental to the residential cbaraoter of the neighborhood due to the exterior appearance, e-nissiolf of odor, gas, smoke, dust, noise, disturbanae, or m any other way become objectionable or c%imntal to any rosidential use within. the neighb oihood; g. Any such building shall include no matures of design not c-ust6 a y in bulfts f'or resideng l signature Date