HomeMy WebLinkAboutBuilding Permit # 12/9/2015 TOWN OFNORTH
APPLICATION FOR PLAN EXAMINATION
Permit NO: �° Date Received
Date Issued: , G �v
IMPORTANT:Applicant must complete all items on this page
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TYPE OF IMPROVEMENT, PROPOSED USE
Residential Non- Residential
, ew Building ne family
❑Addition ❑Two or more family ❑ Industrial
❑Alteration No. of units: ❑ Commercial
❑ Repair, replacement ❑Assessory Bldg ❑ Others:
❑ Demolition ❑ Other
❑ Septic
'I]Well Floodplai/n �,Wetlarids ❑ Watershed District
❑IVaterlSewer
SCRIP ION OF WgRK TOE P FO Mjj
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OWNER: Name: Phone:
Address: W
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Supervisor's Construction License /' /'° ;r '„ Ex ' Date
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ARCHITECT/ENGINEER Phone:
Address: Reg. No.
FEE SCHEDULE:BULDING PERMIT:$12.00 PER$9000.00 OF THE TOTAL ESTIMATED COST BASED ON$125.00 PER S.F.
0FEE:
Total Project Cost: $ C ,�,
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Check No.: Receipt No.:
MOTE: Persons contracting with registered contractors do not have access to the guaranty fund
Signature of Agent/OwnerSignature of contractor
Plans Submitted i_] Plan Waived ❑ Certified Plot Plan ❑ Stampb/d Plans ❑
ttORTH
Andover
Town 2 of1%
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THIS CERTIFIES THAT --��� n BUILDING INSPECTOR
ISC,e, IG Foundation
has permission to erect.......................... buildings on . :.........,............... ...................
r� A vvv Rough
tobe occupied as .....� .............. 4%1 ................................................................. Chimney
provided that the person accepting this permit shall in every respect conform to the terms of the application Final
on file in this office, and to the provisions of the Codes and By-Laws relating to the Inspection,Alteration and
Construction of Buildings in the Town of North Andover. PLUMBING INSPECTOR
Rough
VIOLATION of the Zoning or Building Regulations Voids this Permit.
Final
PERMIT EXPIRES 16 MONTHS ELECTRICAL INSPECTOR
LESS CONSTRUCTIS RTS Rough
' Service
....................................................... Final
BUILDING INSPECTOR
GAS INSPECTOR
Occupancy Permit Required to Occupy Building Rough
Display in a Conspicuous Place on the Premises — Do Not Remove Final
No Lathing or Dry Wall To Be Done FIRE DEPARTMENT
Until Inspected and Approvedthe Building Inspector. Burner
Street No.
Smoke Det.
/
8
�� � �� �� � �� ��� � � �� � 3301 North Thanks�ivim� Way, Suite 500
- - - - - LehiWr 84043
/���V�������U ���KDV�k� ,
Structural" ~° " P: (801) 234~7050
Scott E Nyssling, PE
Senior Manager ofEngineenn$ suotim@ss0ng@vh/intso/mrnom
December 02, 2015
Mr. Dan Rock, Project Manager
Vivint Solar
3301 North Thanksgiving Way, Suite 500
Lehi, LIT 84043
Re: Structural Engineering Services
Brown Residence
157 Berkeley Road, North Andover MA
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
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:
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Roof Sections (1and 2): Roof section iocomposed Vf2x8dimensional lumber ad1S" oncenter and
o ainQ)a layer of roofing. The e8io space is unfinished and photos indicate that there was free
access tovisually inspect the size and condition ofthe roof members.
All wood material utilized for the roof system in assumed to be Spruce-Pine-Fir #3 or better with standard
construction components. The existing roofing mmbyrio| onnaiato of composite shingle. Our review nfthe photos of
the exterior roof does not indicate any signs ofsettlement nr misalignment nmunod by overstressed underlying
members.
Stability Evaluation:
A. Wind Uplift Loading
1. Refer to attached Eno|ibrium Solar calculations sheet for ASCE/SEI 7-10 Minimum Design Loads
for Buildings and other Structures, wind speed of 100 mph based on Exposure Category Band 32
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 |ntehc«. Edge and Corner Zones of the
dwelling.
SO 41
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Page 2of2
B. Loading Criteria
1OPSF = Dead Load (ruofing/fronning) !
3 PSF = Dead Load (solar panels/mounting hardware)
Total Dead Load= Y3PSF
The above vo|uaa are within 000eptob|a limits of recognized industry standards for similar structures and in �
accordance with the 2009 International Residential Code with Massachusetts Amendments. Analysis performed on �
the existing roof structure utilizing the above loading criteria indicates that the existing members will support the
additional panel loading without damage, ifinstalled correctly.
C. Roof Structure Capacity
1. The photographs provided of the attic space and roof rafters show that the framing is in good
condition with no visible signs of damage caused by prior overstressing.
D. Solar Panel Anchorage
1. The solar panels shall be mounted in accordance with the most recent "Ecolibrium Solar Installation
Manual", which can be found on the Ecolibrium Solar website (ecolibriumsolar.com). If during solar
panel installation, the roof framing members appear unstable or deflect non-uniformly, our office
should be notified before proceeding with the installation.
2. The solar panels are 1 1/2" thick and mounted 4 1/2" off the roof for a total height off the existing roof
of 6". At no time will the panels be mounted higher than 6"above the existing plane of the roof.
3. Maximum allowable pullout per lag screw is 205 lbs/inch of penetration as identified in the Nation
Design Standards (NDS) of timber construction specifications for Spruce-Pine-Fir assumed. Based
on our evaluation, the pullout value, utilizing a penetration depth of 2 1/2", is less than the maximum
allowable per connection and therefore is adequate.
4. Roof Sections (1 and 2): Considering the roof slopes, the size, spacing, condition of the roof, the
panel supports shall be placed at and attached no greater than every fourth roof member as panels
are installed perpendicular across members and no greater than the panel length when installed
parallel to the members (portrait). No panel supports spacing shall be greater than four (4) spaces
or 64"o/c, whichever is less.
5. Panel support connections shall be staggered to distribute load to adjacent members.
Based on the above evaluation, with appropriate panel anchors being utilized 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
�
V truly yours, OF
ru
SLIN
IL
No 507
MA License No. 5 07 1 TS
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PV SYSTEM SIZE:
12.480 kW DC �Qo�
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NAME:
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NUMBER:
157 Berkeley Road, North Andover MA 0 1 8A 9 PV SYSTEM SITE PLAN
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O Conduit and Conductor Schedule DC Safety Switch Notes: Solar PV System AC Point of connection
AC Output Current
Tag Description Wire Gauge #of Conductors Conduit Type Conduit Size Rated for max operating condition of inverter Accoding to Nec 59.38 Amps 8
1 Solar Edge Cable 10 AWG 2(V+,V-) N/A-Free Air N/A-Free Air NEC 690.35 compliant 690.80 Vol U �
P Nominal AC Voltage 240 Volts
1 Bare Copper Ground(EGC/GEC) 6 AWG 1 N/A-Free Air N/A-Free Air *opens all ungrounded conductors THIS PANEL FED BY MULTIPLE SOURCES ^
2 THWN-2 8AWG 2(V+,V-) PVC 1„ (UTILITY AND SOLAR) �P
2 THWN-2-Ground 8 AWG 1 PVC 1
3 THWN-2 6 AWG 3(L1,L2,N) PVC
1„ Notes: SE10000A-US-U Inverter Spec: ��g
Wire size and breaker calculations dependent upon CEC Efficiency 97.5% o z
3 THWN-2-Ground 8AWG 1 PVC 1 inverter Continuous Maximum Output. AC Operating Voltage 240V LL m Z
Example:SE38000A-US-U Max Output=16A Continuous Max Output 42A z
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each SE380OA-US-U inverter. Wire Gauge should also DC Maximum Input Current 30.5A O z¢
be determined with 16A Max for each inverter. �
ALL CONDUCTORS Solar Edge Optimizer Specs: L..,
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P300 DC Input Power 30OW
SHALL BE COPPER DC Max Input Voltage 8-48V
DC Max Input Current 12.5A
Design Conditions: DC Max Output Current 15A
ASHRAE 2013 Max String Rating 5250W
Highest Monthly 2%DB Design Temp 35.6°C. Module Specs:
48 PV MODULES PER INVERTER=12480 WATTS STC Lowest Min.Mean Extreme DB -17°C Trina Solar TSM-260 PD05.08
1 STRING OF 18 PV MODULES VOC Temp coefficient V/°C Short Circuit Current(Isc) 9.00A
1 STRING OF 15 PV MODULES Open Circuit Voltage(Voc) 38.2V N
1 STRING OF 15 PV MODULES System Specs: Operating Current(Imp) 8.50A
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Max DC Voltage 500V Operating Voltage(Vmp) 30.6V
O3 17 1a I 1 Nominal DC Operating Voltage 350V Max Series Fuse Rating 15A 1
Max.DC Current per String 15A STC Rating(Pmax) 260W
Nominal AC Current 47.5R Power Tolerance -0/+3%
*CONFORMS TO ANSI C12.1-2008
EXISTING
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COMP.SHINGL OOF SECTION 1
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Az:155 Ti:32 SHADE FROM NEAR-BY TREE
18 MODULES SHEET
NUMBER:
SOLAR ACCESS CONSTRAINT CD
57.9%CUSTOMER USAGE OFFSET
3301 N VVI 1'hanksV
Way
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IPhone� 877.404.4129 1 Fw 801-765,5758
RESIDENTIAL SOLAR POWER PURCHASE AGREEMENT
12/07/2015 'A, N 472113WA-1,(,(pw
119
CUSTOMER INFORMATION
VI[ffff�t,hfkd&60.gikk', Howard Brown
(978) 857-7662 sari dyftalereaftygroup.com
ins Oh')
PROPERTY INFORMATION
157 Berkeley Road
North Andover Essex MA 01845
DOCUMENTS I"HE AGREEMEWANCLUDES THE FOLLOWING," DOCUMENTS��
(,,,xhbt A - Notice of
(3 ,5,tate arwl
th*Custc,14rier ard
(he P&,,& r,c)f(,oncrYofioo moy N eol to 0,16 oddrrs!,�:
3 W1 N Th,,wlgiwnV,0/&a, Solto"AX), 0 V rearms
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Nic,me:81/,404 41,29 1 Fax: 801,16!,'�",,058
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This RESIDE.KTIAL SOLAR POWER PURC14ASE perniissuort to operate the !Tystetri with the Utility,
A6REEMENT (togethe,r with all &,)cupients express[y Afthough We will proryiptly request interconnection
in(:orporated herewith, ths "Agreemetlr') is eritered and perniission to operate the ystern, We cannot
into on the Transaction Date set fortf�n above, by and prOUTMe Or guarantee the date such permission will be
between VMNT SOLAR DEVELOPER, LLC, a Delaware recewedfronitine Lffility After We receive the Utility's
kinited liabdity company(together with Our successor permission to operate,We will activate the System and
and assigns, "Seffee', "We, "US", ",,Our) and the cause it to generate Energy (as such term is defined ill
undersigned CLISTOMER(s) (together YOUr successorstug ON
YOU ARE NOT' ALLOWED TO TURN
and pernritted assigns, "Customer', "Yott', `Ycrurlo THE SYSTEM UNTIL WE NOTIFY YOU TFLAT THE UTILITY
together with Us, the "Parties", and each, a "PaW'). HAS GVEN ITS PERMISSION '1'0 OPERATE. PURSUAN F
1. Design, Installation, and Activation. TO SECTM M1, YOU ARE LIABLE, FOR ANY COSI'S OR
DAMAGE RELATING TO YOUR PREMATURE
of the sl ndcant rnate6als to be used i
,q,.
e,.n t ACMATION OF TVIE SYSTEM.
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to be installed, We MI design, install, servoce, and 2. Term and Renewal.
Maiintakn a solar photovoltaic systema on Your homp. at (a) Term. This Agreement is effective as of the
the property address set forth above(the "PropeW), rransaction Date and shall continue until the twentieth
which wik include all solar panels, a:nverters, meters, (20th) anniversary of the In.-Ser-Oce Date (together
and other components (collectively, the 'System"), as wrath any renewak term described in S,g_qt,ion 2 bgiO,,the
further described in the Customer Packet and the 'Term"), T'he "In-Service Date" shall be the first day
Work Order(s) that We MI provide to YOU hereafter. after all of the following have been achieved: (i) the
All matehal portions of the System wdl be onstaRed by System has been installed and is capable of generating
Chir employed technicians and electricians, and Rot Energy* (ui) alI pennits, inspecbons, and approvals
subcontractors. With Your cooperation, We Ml necessary to operate the ystern have been obtained;
(i) design, install, and connect the ystern in matenall and (6i) the ystern has been interconnected with the
compliance with all applicable laws; (k) complete all Utnhty and received permission to operate.
reclurred inspections; and (id) obtain all reqwred (b) End of Te'try. (iYour Options, At the end
certifications and permits, In order to desngn a Systeir of the Term, so long as there is no Customer Defar,dt
that meets Your needs, You agree (1) that We may or�,,gcimg, You rnay elect tci: (1) continue, with this
obtain Your electrical t.,isage history from Your Oectnc Agreement for a renewal terrn of five (5) years at the
utifity provider (the "Utfllty')i (2) to provide Us wth Renewal Price (as described in S'ec"11'on 21b i.
))
copies of hills and other inforr'nation frorn Your UtdRyl' (2) purr-1hase the System (as described in
and (3) t:rn enter into arid execute any interconnecmorn ands this Agreement will automati(Ally
or other agreernents that irtay be required by Your terrniiruate, or (3) have the Systernremoved at no can
Utility. We,will desigir and install tl,"ie Systern at no co,A to You (as cfescrrbed in Section and flus
to You, other- than the Energy Price, Agreeknent wnil aulornatically terminate, At least sWy
. lnaHaw"m Stcp t and (60) pr wr tr the end of the Tern-1, We mll Son(] to
........... ..........
"A
Subject t(,,,) the d0ays of pern'Otinp Yoti notice (oncernirq -n
!, Yotir end of terr
authorities, weattwr, as id other ronditions mAside Oi,v mdu(iing the renewal, purchase, and Cair-Icelizatiorl
control, i llstallat loll of t1w systern generaHy take's One forrris If You &,,,) not #,,flect any of th(,,"w tliree options,
(1) day ivic I ns antn('ipated tostart and tw substantWly Agroenwrit Mk autornaticahy renew on a year,to,
cornplete no ttidrr 06/04/2016 , year bjsns close ribed tri lq( i erwmll
f;�)( ))� (ii R
AgUut ws After instahation, inipechon, Option The renewal form will set forth,tyre new Energy
and receipt of all necessary approlvals r0atvig to t(he Pnce for the refrtewal term based on Our, assessn'ient
Systeni, We will request interconnectiori cafe and of the then avidab[e rnarket a1orrnation and Our
dwrter'rr"'mlr'rwation of the threlrr-current fw,rrr n1wrr"ket value of 3. Price and Payment.
th°rk' Systema (t;lar!t "Renewal Price"') If Yr;,,rr,u ele(,'A tl'kwr (r'a) W Sr„le, IbU"u r'r,'iwllrr r'r�
reric,Wwal opflw'n, I.I"rw"n We 't 0l need to r(,°rc(,, °ive Your Vs for ttie rale of energy by Us tO YOU WI CI frot fd;w thc,i
con,)pleted rerr ° al folrrn not less tlaar°r thirty (30) days sale of the Syst:errr, ttie Systrrrrr'r Interratrts (as suct"i terr'n
prior to the end of the 1"errri. If You choose not to irr, defined in .dpTf p..4j ,), or a solar, energy device,
renew, their You may elect (ur°ader° �rT.l��r,1u�. �Y) )) ta:':r 1E,epirming with the inService Trate„ We will sell to Yrw,uru
pur cfaase the Syster'a°r or, to have the Systema rernoved and You wdl buy frrrrn Ids all of the energy produced by
at: no cost to You, ("lll,,l1""r,urcho.se Option, 11'ie purchase tk°e Systrsn'a (the "Energy'). Firer ;y does not include
loan will ret f thr the purchase Io based re the S sterrn Interests, of Price. � I y ed
set for � p rasw�,� ruse laa.�cd iiia the Sys� , � w � � rrc . F`or`all Lncr rorTrur
then..current: fair rnarket� value of the y^ster'aa was by the Systern, You shad pay tis Ll. J.11� � .� per,
deterr'nined by an independent apprais(.,Ws valuuahoirr kilowatt 1)our ("kWh") (thee "'Energy Price,"), PLUS
of sinadarly sized phot'ovoltaac systems irr Your APPLICABLE TAXES. On each anniversary of the In-
peo raphc regIon (the "Purchase Option Price"). The Serwte Date, the Frwr y Price saH increase by two
appraiser's valuation will be provided to You in writing and nine-tenths percent (2.9%), (11a) Delivery, Title to
and will be binding. If You elect the pruirchase optrarn, and risk,of loss w,vrth respect to the Energy sha11 transfer
then We will need to receive Your conrpiieted purchase from (Js, to You at the point where the Systern 1s
optiorr forma, Your payment of tlae Purchase Optpon interconnected with Yowur Property's electrical wiring.
Price, costs of the appraisal, applicable tames, ar°acl aH Energy from the Systema will be delivered to You in
other amounts then owing and unpaid hereunder not c.c° apllance with all repruir'enaent:s of the Utility. A good
less than thirty( C) days pricer to the end of the Term. faith estir'nate of the Systema output, measured in
Upon receipt of the fraregoiog,, We will transfer kdowatt hours, will be provided to You in the Customer
ownership of the System to You on are"As Is,Where lis"' Packet; provided that we reserve the right to modify
basis. (iv) Removal Option, If You elect the rerncrrval the size of the Systema at the time of installation as
option, then We will meed to receive Your completed required by applicable law or, in Our reasonable
removal form and all araaounts there owing and unpaid discretion. (w ) LTrraats on Obfigation to Deliver. We are
hereunder not less than thirty ( ) days prior to the not a utility or public service company and do not
end of the "terra. After which, We will remove the assur'ne any obligations of a utility or public service
Systema from Your Property within ninety (r 0) dayscompany to swupply YOU energy requirements, We are
after the end of the Terni. ('v)AWOM06C Renewof 1F not subject to rate review or other r.utility or public
YC::'U DO NOT N01'IFY US OF YOUR ELECT"' ON BY servsce company regulatmn by governmentai
S E NI:1rING TFT L: APPLIC A LL C✓C:TGaaTPLE TED FORM .1.q1 US autNarities During the Tr
n),You understand thatYrau
EITIII R BY Li-MAlL OR U.S, to ML t rl.TUR ADDRESS may mq uirre more electricity than the Systern may
HRST SET. F0111+1 1 ABOVE, AT LEAST' T I,.0`FY (30) 1' AYS generate, if You need aray such additional energy,thea
PRIOR T0111E END OF TfiE TERM, „T111'fS (UNLESS WE You shall be solely responsible to obtain Brach energy
EI.LC,.C. TO T EI MINATE 14,115 AGREEMENT) THIS firom the Liolity at Your crust. OTHER THAN AS
ACulREIWMT:N1WILL AUT,.0MAT'9C` LI.Y R11:C`;rEW ON A LYPUCIT"LY SET 1°t°JRTH ON L H,I6l ,lT„ 1L laic:) NOT'YlI:BYpT.•TO-YEAR BASIS AT. 'TEN PERCENT )T1.XY.) LESS YllT11,�N't Tp GUARANTEE (L) THE AMOUNT 0[
I 14AN .TIf` T111EWf,UG ITFN'T AVERAGE, RATE.' C liARGi°TT ENERGY PRODUC'ED BY THE SYSTEM C"OR ANY PERIOD,
1TY YC'TC.Jq 1.JTlI,ITy C.J 1"ll.Yr�fLJ
NOTIFYUSpN WRITINGOF (2) ANY 1"; SC r1 1 6r:1PT, OR ("T) '111L EXISTENCE f', ANY
YOUR 1,1..E EC-PON TO T.JYtmTCEL At LEAST T 1T1h1°G"Y (Td), NET M1 T l.Ttltm G PROGRAM, OR l.J T LIC Y (I)R
DAYS PRIOR TLT 11111"' EIND OF THE RIEN WAL, TERM GOVERNMENT ITtrl ENT'°IVIw pklf,rr,iRAM,
Yt;l;T4,.,J AND "VaJI,`,; A()Rf',iL THAT SUCH I;,TYll,RGY I'r1T C[ (b) rfylrMl�rpTf,11 (i)lrgvrala°aiq 11eginn1nl,p wJI"r tl°e
toTt,)RING AN AtTTfi)MATIC RENEWAL T ICTIA F d11LY first, (T a) rnonti'i fu:wllowwirug tf-w h,r Serwoce Crate arsri a�,,ucf't
REF11( IS A REASONABLE ES11PfrATIOFT OF 1"111 rnor°th thrcw hr'ur.ut tl`rv.^ germ, We wih rWrrnd Yr,ar„u an
I' IIR MARKET VALUE 01T`FIIii l:Pr8E1r1GY I gC: OUC ED BY rrrwsrrwe r'eflectwg the c'harpTrrs four that F:rurtr`gy 1',urradut;cud
ISI. try the Systerrr If the aTystern is rrrut re,)po�rt.ing Energy
I/WE AGREE TO'THE � prcr&.twirl to i-ls„ We rn ay charge YOU thea Shutdown
FOREGOING AUTOMATIC Payru„rmznt (as ,,urwuchr term is deflner°l in 1,,grk cwrT. .��.1! )
Ft l T,.PROVISION: r wrr autiu, mwra,rx,Fa r'.f
There is r•wo tir°u�in �rrg charge associated with tfu
i
Agreert-tera (6)Aotornobc 1`1(,)yments You sfWl make M �""a (arry cf,)rrm-wrclal
p,,,iyrrients to Us by aUt0PWAiC payrrwrit deduction fiorrl habdity nnstjrance, comiperlsation
YiC,)ur designateil checkirig ,,,,jcr:ount (,�,jr by at,itornatic ard purport aisurance on the Sy,,te!m, F(,,)r ni o i
charge to Your e,redjt cat'd. It is Your responsibility to information (,,uncerrurig Our tr)sw,,jranc( , io(Auding Our
ensure that there are adequate, fur0s or an adequate mstjrance coverage limits, and to obtain a copy of Our
credit lin°kt, (ifi) Acccwnt Debit, Discount 'The Energy certificate of insurarice, please visit
Price and all other payrnerits in this Agreemerit irvc1iide �Nww iiivintsolar.COO'1'1/in$Llfir'rce,
a l,ive Dollar ($5) nionthly discount for aflowing Us to (c) We shall bear
automatically debit YOU( chec*Op
account Yotu M1 all risky of loss with respect to the Systerrs, except for,
not recerve Such live Dollar ($5) rnonthly discount rd' losses ansiing irons the acts or ornissions by You or Your
You choose to pay by any rneans other than automatic hcensees, grests, mvitees, contractors, or agents or
debit frorn Your checking account (e,q , credit card). otherwise covered by YOM insurance pursUarlt to
('iv)Late Payn7ei"its. For all payments more than ten(10) �Lef,!Lqn!jjtj, If the SySten'l is clarnaged or destroyed by
days past due, We may Impose a late charge equal to fire, storm, Hood, earthquake, or other disaster or
Fifteen Dollars ($15) and Interest at an annual rate accident (each, a "Casualty Event') fLJIIY covered by
equal to the lesser of ten percent (10%) or the Our 0ist,jrance, We will proirriptly repair,or replace the
maximum rate permitted by applicable law, plus darnaged portions of the System as necessary to
applicable taxes. You agree that Your monthly restore it to good working condition. if the Systery) is
payments, as well as any late charges incA.irred by You damaged or destroyed by a Casualty Event not fully
as described in this Section I, may be electronicaHy covered by Our insurance, We may, at Our option (I)
debited autorrtatkally�—fro Yaaur checking account or repair and restore the System to good working
charged to Your credit card. If You continue to faR to conditton;or(6)terminate this Agreement and, at Your
make any payment within ten (10) days after We gwe election, either convey the System in its then-existing
You written notice,then We may exercise all remedies condition, "As ds, Where Is,", to You for no additional
available to Us pursuant to Secti consideration or remove the Systema frons Your
1-1-111119n -NhJJ1J
(v) Unconditional Payment. YOU agree that the Property.
obligation to pay any arnount due under this (d( QrsconnectiMcif,.5y.L
tg. , 'We may caUse
Agreement shaH be absolute and uncondituonal, and the Systern to be disconnected from any electricall
shall not be subject to any abaternent, defense, facilities, inClUding the Utility's facilities, if they require
counterclairn, setoff, recoupment, or reduction, YOU such disconnection or We are required to do so under
ar)d We agree that all amounts payable by You applicable law, including (but not Iiin-rited to) any
hereUnder shall be payable in all events mcluding by disconnecbon directed by the Utility as part of as
Your heirs, successors, and permteed assigns, Except curta0ment or other order, orinstructmn,
for Your right to ternimate Under the Notice of (e) LmAta-d
Cancellatioru or after a Seller Default (as such ten-ri is W,i,gr.anty, Dunrig the entire rerrn of this Agfeerrient,
C efined m Seli:A,gqrik()-)(ii,IG)), YOU [aereby waive ad rig
ghts ivider Wstoniary use and operating conditions, We
You may have to reject or cancel, thins Agreement, to provkfe as workmansNp warranty that the System wM
revoke a(°'ceptance of the Systern,or to grant ca secunty beo
, free frm rnateirW defects in clesgn and
i
interest in the System workmanship When We penetrate Your root during
4. Our Se rvices. mstallation of tt"m Systern, We wariant,that 'A rooftop
IIII--cI 0 Mainten'An( During thic"! penetfiitions are, waterUght, damsr(')0f Penellaonti
IIIIIIIIIt...................
er iurc,,, Terrn of, 1his Agl"(,TITVV, We will honor th4? warranty Ml rtiri the of(I)One, (1)year following
hrriited warranty descnbed b0o%, tit u,sstauaoon of the Systern; (Ii) the length of .,,4ny new
4 e constructiort 110n1(A,)UiId(,,�r warranty for Yot,jr, roof; arid
and We wik operate and rr'�aintwn th
Syston,i (i) M OUr S011e Co%t arici (ii) iri good (6�) any pem,",)d required by applic',ibif,,,e law,
" (10 not
C 0 irr d i 1,i o ri; and (iii) in n-iater,W cornphanco,,,, wah aH M mi, ai�wi: #ffiont'ies' Wc
applicable laws and perrriits arid the, Utuhty`s provkle any warranty to You, with respect to any
requa'enlents cornponent of the System, Ariy rnal')L&Icturer's
warranty is for 0�,4r beriefit as owner of the Systern arrd
Ica indc',wpinident of IT Hrnrti,,,�cd ins(allatior'i warranty cc�lIect the data, We wll store suc[i rneter tiata
describec,'i above lri Sectionle S ste 'r s % la hroughout the Tenn and 1',jrovide 6t t(,�i Y(,iLj upon You r
fl, y,, n'" 0 r t
tnodrdes carry as (i)mirritirn warrarity of reascmable request, You agrec,,), to allow Our personrua�
twenty(20)years as follows: (i)during the first teri(10) c'easenable access tO Y(Alf` Properly tO Coiled Such
years of use, the 11`10(11,110S' OledriCall OLAPLA W01 rICA data At OUr chscretiori, We May test the accuracy of
degrade by rnore than ten Percent (10%) frown the the performance meters frorn tirne to title, If testing
origmally rated output; and (H) duhng 0'ie first twenty nndwates, that 0're meter is inaCCUrate by incire than
(20) years of Lis,e, the modules' electrical output wffl plus or criinus five percent (f5%), then We will (I) repair
not degrade by rnore than twenty percent (2()%, frorn and recalib4,ate the Meter, at no cL)st to You; and
the originally rated output. 'The SystenVs inverter's (it) make retroactive adlUstments to YOUr payments
carry a minimi.im ularlUfaCtUl-er-'s warranty of ten (10) based ori corrected meter data for the period of such
years against defects or component breakdowns. macCUracy. If the ineter is inoperable for any reason,
During the ferm, We will enforce these warranties as uncluding Your failUre to tyraintaim working broadband
owner of the Systell), mnternet or electrical connectToris, We may (1) charge
(g) Erclqsions and Disclaimer,of Warra.rL T'he You the Shutdown Payment, and/or (2) estimate any y
hi-nited installation and roof warranty set forth un performance gUarantee 1"aayrnent,
wwection„4 pj above, does not apply to and does riot 0) Rhm 45,y�s-tt,.
cover problerns resulting from: (i) Your acts or (i) Out, Ownership of.
the Systern ond the Syster”
ornissions, including Your failure to atride by the teons Interests. We shall own and hoU all property, rights in
of this Agreement" (it) exposure to harmfu�' materials (1)the ystern,and()any credits, rebates, itricentives,
and chemicals, (id( any Force Majeure Event (as, such a4Gwances, or certificates that are attributed,
term is defined it) Se, t.m,on,-601), (rv) vandalism, theft, aflGcated, or, related to the ystern, the Energy, or
or tampering with the Systern by anyone„ (v) damage envtronniental attributes thereof (collectively, the
caused by hail or ball sthkes; and (vi) any other cause "SWem lnteres�°). You hereby disclaim and, if
beyond Our reasonable control, Our warranty and applicable, assign to Us any and all right, title, and
maintenance obligations under Sections 4 a and 4jej interest m the System acid the ystern Interests that
may be transferred to a third party, EXCEPT AS SET You may have at any time, whether arising Linder
F,ORTF1 IN THIS SECTiON 4 AND EXHIM WE MAKE applicable law or otherwise, and You agree to execute
NO 01FIE1 WARRANTY TO YOU OR ANY OTHER all dOCUments and Instrument We reasonably request
PERSON, wi-iul-lER EXPRESS, iMPLIED, 0R to carry into effect the tern'15 and intent of the
STATI-I'TORY; AS 'TO THE MERO-IANTABIUTY OR foregoing assgnrrient and to otherwise cause Us to be
HTNESS TOR ANY PURPOSE OF 111E EQ JIPMEN1, the exclusive owner of the System and the Systern
INSTALLA I ION, DESiGN, OPERATION, OR Interests You shall have no property mterest irr the
MAINTENANCE OF fid E SYSTE K 1+fE. PRODUCI ION OR Systern or the ystern Interests except for (A) the.
DELIVERY Of ENERGY, OR ANY OTHER ASSOCIATED Energy that the System genorates, and (B) any credits
SIRVICE OR MATTER 1,4EREL)NDER, ALL Or WI-VO-f VVE or payments avwlable und(,.��r Your Utility's net
HEREBY[;Xf"RESSLY MSCLAIM, OUR UABILTTY FOR ANY rnetert'cig prc)gram for the Energy that Hre System
BREM-c-I OF ANY WARRAN FY iS LIMIT ED TO REPMRiNG generates, You agree to keep than ystern and Systern
I"1,4 E' SYSTEM OR YOUR PROPIRlY TO TFIE EX'T'ENT kiterest'S free from all hens, security interests, le0es,
R r'QU i R F r) L)N D 1""R T141S AGREEMENT " 01i attachr'nents, ard encurnbrances of any type, and YOU
ACKNOWLEDGE 'H-fAT WE AfRE RELYING ON THIS acknowledge thcit rione ofkhcsystern nor "'Iny of it',
AS A CONCATION AND NIAIEMAL c(,,)inLpc)neits nor any Sy,iterri Interests rwnay be sold,
it,10t)(EMENT TO ENTIJ,'�T IN1`0 1+11S A(w,REEMENT Reased, assigr)e(:1, rnortVi'ip
ed, pledged, or encr,jrnbon!,r(J
THERE ARE NO WARRANTI[ WWCH [XI'll"."ND BEYOND bV You Yr,,)ic ,ihah 4idernnify Us aig",w'M all
1+1 DESCMPTION 01" THE FA(,E HEREOF', c�jruns, (cents and exfwrises attorn(,,yaa' fees)
We will mstall performance mcurre(,'I by ItJs wi disct�arging and n,zleasing any such
ii-ietei(s) as needed to rneasure the Cni?rgy produced hen, encUiTibrance, pledge, levy, ot attachnient ansing
by the !')ystenr "Metell), We will c&ect by, under or throLigh You You agree to riot take any
p(rjforrciarjc(,.," data rernotely or use Our personnO to acnon ow r alloany omissora that could have the effect
of nr°r'bpaair°irap th°mee Valr.,W of thaee syste tru Of' h,ha,» fwiystewrn (n.,:) �w iia,�,�� r��.��9,��3 �,1,,�.,,,rtr�r»�,,, , W(,
i rt t 0 r(n,, tsu Yms Shall iranrrme'aediaately anotafy is upor" shjh r*t be [,meld reespor sifblem for arty ex!Wrig"d 0atll; ns
Of the. or e°.r,arre nce; or ae:,amsA)ikt of Of a -phicabhe buildiin re ula„ati ordinances ., „
such rirriipaairrnent. �(ii) f r�rsc)nai Property rte r Property, � � hf �terms r ward wa rwirm
beer a » w
» � a � �' � t mtrwre ewe tfine Yama,ea praatma,�,rty„ vwhctlaau:r cited had tI"ilr. apprrapari»°rtw!'
ysteaao°ra. I otwwrithanstandirbp th°nrr rtmam°ae•ier ire ww l,aich the authority or not. We are not r(,!spaonsible for any
fiystern IS aattachaed ti) Yor,urProperty, nor any fixture puree ishng conditions on Your Property. h"rior to
filing by Us, You and We hereby agree that the tiystraern neustahlatnon, You shasalh give to (Js a copy of any
and the System Interests shall remain Our', snt easements, restriction C or n hts of way relating to the
personal proper-ty and shaahl riot be deemed or Pmporerty If You do riot do so, We Will aaS5LJr(W that
characterized as a "fixture»a or any part of the aareafty", nore exist, and You shall be solely hhablem for any
as those terms naay be defined by applicable haaw. It is aoohaatnon of such easement, restnchon, or, right of vmy.
Y (ra
) nt awcft*� You hereby grant to Us
furtherfurtherrezera�l that the inewtallat�ion of thethett System,shaaalh d tT a,�� .nref�. ,,.
not be a repair, remodel, afteratmn, converearo n, and Our ernployeerus, agents„ and contractors the right
rnodernization of`, or- addition to , Your Property. to access and use Your Property so that We may
(fit) Notices of System Ownership You ae,ath onzea Us to (e) Ostall, operate, and rnwntain the System
make filings and recordings wawrO reheevar°nt throea- hout the Term, (ii) enforce Our rights ars to thmor,
governmental authorities as may be necessary to Agreement and the System and the iaysteni interests,
provwde notice of and to talo security interest in Our and (rer) take any, oth•rer actiion reasonably necessary In
ownership in the System and the Systeen°i interests,and connection with the constructioaa, installation,
Our right to access Your Property, including (without operation, maintenance, repair, or removal of the
limitation) financing statements and fixture fifings System. The foregoing rights of access to Your
Upon tern-rinathon of thiiis Agreement, each such Ming propel shall constitute a license colu.apled with an
w iH be terminated. You understand that the System interest and shahh be irrevocable for up to ninety ( )
shall be marked and identihfied as Our property. days after this Ap,reenment terrraenates to provide Us
S. Customer Clibligaticons, with twine to remove the Systern at the end of the
(a) ( resentatioros and_ w arr nties. You Term.
represent, warrant, and agree that each of the (e( ( p Lftatt ns ftpr InstNall ('i) Alterations.
follow ng is true and correct: (i) all information YOU shall riot (f.) touch, handle, operate, alter, repair„
concerning You herein is true, correct, and cornplete„ oar otherwise modify the System or any component
(ih)You are the only fee supple owner(s)of the Property thereof,, and (2) take any auction that cor.rld void or
(i,ee., You hrav(,r full and exclusive ownership hghrts to irnpau any warranty relat.nng to the Systern. You will be
the Property); (iii) Yota own the roof on the Property responsible nsible for aaray damage to the Systern that is
and have the aararee"atn ted right to instalh the fiy`stern caa.awd at any time by You or Your hicenseees ,ricests,
thereon, (iv) Your roof is in good condition and repaer, urmvitees, contractors, or agents. (ii) Property Repairs.
w itl'"Vout,math rlah de"fectroa ''il.rffiOerat:f0r' Us to irbm»tak the Yc)u are r'w;',"at permitted to rn all e repairs or
Syst:e.ern, (v) You are at least eighteen (18) years of age, nrnpr'overrrerrts to Y"raur Property that irnay mtrerfere
and (vi) You have had tine opportunity to review and wraath"n the performance or operaatmn of the Systrern
diSCusS this AgrCeeer'a'nent with Our sales agent and any 'va" tl"t,Nut Our p"7rir'"mar G::reer"serit: p,.irauant to this
C:atlmei" advisor You rYaaay desire to fd`brm"abpNt. You tllrtVV.w (r
After, the fifth (51") ar6rinw�emr al"yr of the (I„q
understand that army mistake,, rnisrep°eseritat wn, n;.ar Ser',aice h'taate, if You prnwvirle his with thirty (0) days'
ofrii!)sic)n in thi"oa Agreernrint rrr a(Je„ by Yori e% a rr"iate,"'emit pnne,n, written notice, then We W01 teerm'tp,aa.,mraarily I'e'rrrnove'a
a gree,rmrent', and eerntitles hle�a to them;,. and remrmataaaH tkme. yet ` ,., , �ar berrfruear"t tO »,;:rtlrW frac
r cm,atm l M ,,s� t l d l".°+ ^» „a ) - m a h p Systern I a cem t t (W mer-R1 que ted
nmG aflr arC t` Vekmt, ?, M a,a, w 1
wwenmhr of for Ana `we ti �e ra`uafe r �n�um.a����e re marc eur urr°a tramve rrrn rat a
ik`;..» except aa,,, e?epre as y set ) f, rf to (t) pay to ht"n as fl QaW
fcmrt,hm Ir'a this gr�r"kanriflatralat� as » re. a�" ar ce t `y�au w"+11h1 him, ra e alas
we ria ,e,a°Mtaatiearm.^ l t"
ee� e�wai ter h�e�;� ,o pirandred aarmr.f C ii�ae:.rt,y Irdhn( C, ollaars (`aa�hh`�)
(ha) r hiyl;r nYa4"C,,,,Clt i@ap7t„t” You curre-emfly tw"Vmve before We remove thrk:r Systtl'.ern, (2) securely store th c4
and agree to rnaintaam customary property and hiaatnuliuty System n;ornpo neaarnts during the t�ustu.:mi�ner hteutrrestred
insr.4rarmcee with re»sp:ect to Your Property. Shutdown, and (3) pay the Shutdown Payn.ient if tti(,m
Systearn is not reran staalled within thirty (fth) days Of
r rern(:)vafl. A ',A)Ut dMn divrvg,tho,,% Sectq,,)n, wfthk:r,,A, pw,c)f (it ary darnaf,?,e,,r, r)r of
fir,,j J,ve(5)years fl-w Agn,,,n�,,�Ment W01 be dorte at Our any "orad or strw�ar qi,"c,,00fy,
sola,l ctdscrehon anri at, a cost rriutually agret,!d before (g) 'j", y yc,)u are to
We rernovo the System` OIL er,,�,,ojre that Your Prop erty linchi(,,firig ad
SI-il.1"I'DOWN C()STS DESCRIBED IN 'f HIS SEC.TION systerris ,,jnd the roof) is nnaintarnod ui good condition
ARE N01 AN LARLY CAKILLATION 1`1E, OTHER THAN and repair. It is Your, resporiskbikty to ren"iove or
AS SIT FORTH IN I 14L NOTICE OF CANCE1.1-AT ION A1140 pn�)tett any Tyrsonaf property or, fixtures (4icludirrg,
+ides,
ANt"t 61, J, YOU ARE OT NbUt ROt liff0ted to, dec:orations, fiu�c!
jrnit , ve
AL LOWED 'TO TERMMA17E OR CANCEL, T1,46 plants, and other, valuabl(.!s) in the areas of Our work
AGREEMENT' PRIOR 'TO THE, END OF Tiili Tt RM. and the locations surrounding the System. We are not
(iii) Required Changes. ff You, the Utility, or" arq resryonsibIe for darnages or loss of said iten'is whether
gover-run agency requires (1) any change to the caused by Our personnel, equiprnent, or natural
Systern after rts uristailation,You shall pay Our stardard causes (incIuding, without linnitation, damage caused
parts and laarrgeln carges; or(2)that We pay any harp
xfee, by snow falling frorn YOUr rocif)
or other inr0atior� to the Systeff) the S ), qf_tLL Syqem. You shall use the Energy
Agreement after the In Service Date, then You shaQ be frorn the S�ystern primarily, for personal, farnky, or
responsible to reirnbUrse Us for such tax, fee, or other househoki purposes, but not to heat a swimr-ning,pool,
charge (including any taxes underSe''tion2�D,. At all times,You s,hale ensure that the Property rern,ains
M tosolatk�n, You acknowledge and agree gnd-connected to the Utility,
that the System's unobstructed access to sunlight (i)
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nnecO , You rnL]St
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ne
("Insolatlo#') is essential to Us and is a rnaterial provide the Systpm with continuous access to -a
inducement to Our entering into this Agreement.At all functicrning broadband internet connection with one
firries during the 1'errn, YOU shall not cause, permit, or (1) wured Ethernet port and standard electrical outlet,
otherwise allow any circumstance or condition wilthm at'Your cost. if You fail to maintain broadband internet
Your control that could adversely affect Insolation, or electrical connection for a period of time, We may
including (without limitahcin) (i) any matenaf (i) charge You the Shutdown Payment,, and/or
alteration of Your Property where the System is (ti) estimate any performance guarantee payment.
installed; (it) the, installation of any struCtUre, or' any W Aut,h o:ns
"oriz,ati , Prior to installat= of the
other obstruction; (iii) the growth of trees and other Systern, You shall obtain from Your rnortgagee, home
foliage, or (iv) the ernission frorn Your Property of owners' association, or any other person with an
particulate matter, smoke, fog, stearn or any other mterest in Your Property all authorizations necessary
airborne in�tpedirrients that rnaterialhe affect lns6atuon, for Us tc) in stall, operate, and maintain theSy tern,
You agree to trim ah trees and other foliap
,,e to ensure Your faiIure to obtain these authonzatRons in a timely
that sl-oding of: Yd~uir roof and the System ks no worse rnanrwr rnay resuft in termination of this Agreement.
than on the"Transaction Date, If You becorne aware of (k) Lagu,. You da" 0l pay all taxes assessed on oi
any potenbal devOopmerit or other acirvily on ansing frorn rnstallation or operatiorn of the Systern,
adjacent cir nearby properties that COL&I dirnmsh the unch,;(,Jing any transaction, privilege, general excise, USe,
IPSC)IatiOrl, YOU shall Inromptly notify Us and s[4li sales, or other transaction,based taxes on them Energy
cooperate with Us in reasonable rneasures We may produced by the System, arid arry teal or personal
take jr, arl zittempt to pieservceNisting le4P6s of property taxes on the Systern that Yf:A,jr IoCai
lnsol,4tion, Not wit1,vA,,,,v,1(Ji1 Ig any uthr fight c)lr ernedy jurc!,4(Json may levy
provrde(,J ir� tt"iis Agrcerrwnt, You that We woupd (u t"I ......... UPm ot"ir request,
btr irrepar�,,,ibly harr ne(1 by Yotir bir(,',�ach of promptly sip
gri arid returrh, or cidwrwise wssist
urvier this Sectk:)ri ar)d thant an award of (Js m obtarnirig: (r) any appli(,,ation, agret,urnerlt, or'
i" alWraal aeon would Lw, inadeqija,Ae to remt,,-,,,,dy suOl a (,)ther d(,,,),curnent nt,?cessary for"(J!;to obtain any systorn
bread i, and that therefore We shall be entaed to Interctsts; (6) ainy perrruts, interccwmecboiri, riet,
equitabh? relief, inclu(irrig specific performance, to rTleterifIg agre(NTHNItS, and other docurnents required
( h 5 by the Utihty, docurnent necessary to verify
COUIPO Your corn[,.�)kance with 0"ie prcvisoons 0 t O ownersh I ip [rite rest m the Systeni and System
ir4or(,,wsts; (iv) Y(Al shall prorriptly comply wraith any written notire tO YOU Mld YOU will be obligated to pay
of otjr, a(jj jjtiorjal rixquests so tl-aat 'We may obtamrl( to (Js, an ;ar'Tlount equal to Ioiir C:roHars (1,A) pet, watt
possessiou r)( all Systort, To fl-w extent installed, subject to a reducUorr of five p(,,wrcent (5%)
p(,,trrriitted by applicablo law, You hereby aii0ionze Lh, per year, (e,g,, nrr year, 20, the Transfer Payrrient will be
to complete any docurnerris referenced above an this $1,56 per watt mstalled), plus applicable taxes (die
$,q by adding arty information necessary, "rransMrPaMerl') After Yr,)u pay to Us the Transfer
(nj) ify. You shall prornpfly notify Us Payment, We wiH tninsfer ownership of the Syster'n to
if You notice arry person,or,thing interfering with the You on art "As Is,Wher e is" basisp provided that We will
operation of Ore Systern; (if) Yor,,jr Property I'�ias any retaui all right and title fir the System interests.
ordinance or p(.,nrmit violations or encumbrance that Notw4listanding arry other provision In this
may prevent proper Systeni Ilwerrrartting, instakatiori, or. Agreernent, if the proposed transfer Of: Your Property
operation; (iii) You take any enieigency action with to the Property'Transferee is a lease or other transfer
respect to tire Systern; or (iv) You receive or crtherwise that us not as fee simple sale, You will reiiiain
acqmfe any System interests, including any incentwe responsible for perforn°iance of Your obligations under
payments, Your failure to prorniptly notify US Of SLIch this Agreernent. You agree that the death of all
MiltterS shail bi,.-, a customer. Default under Cus,tomers hereunder shall be deerned a transfer of
'Slect iar,16 In the event of an erTiergency affec6ng Your Pr(,,)perty, and We will work with Your successors
the Systern, You shall contact Us mirnerhately. if We and heirs to trarisfer, this Agreement under this
are unable to timely respond, You may (at Your own Sectirn 5 n .
expense) contract with a hcensed and qualified solar 6. Special Circumstances.
installer to remove the Systern as -ne-cessary to make (a) �stern�Shutdowf_is- (i) Safety Shutr own.
repairs required by the emergency You shall, be In addition to Our 6 h to shut down the System for
responsible for any clarnage to the System that results maintenance, We may shut down the System if We
from actions taken by Your contractor. reasonably believe that Property conditions or
(11) ( Afasfpj_ f R[211 You are required to actwifies of persons on the Property, which are not
notify Us thirty (30) clays prior to any sale or transfer under Our control,whether or riot under Your control,
of Your Property, When notifying Us, You will be may interfere with the safe operation of the System
required to, provide the foilowmg information: the (a "-SafeW Shutdow1fl. Dunfig the pendency of a
name of the person buying Your Property or t:he Safety Shutdown, You will pay Lis the Shutdown
transferee (the "'Pmpetty 7ran~),the anticipated Payment. (ii) Property Vocated, In the event that YOU
date of the sale or transfer, and any ad&tior4 vacate'Your Property for arwy period of tkirfe as a result
ii1forn-iation We reasorrably request. If the Properly of ain everit that is,not a Force,MajOUre Event of-a Seiler
T'ransferee meets Our crecht qivahfications, then Defauht, Y(,iu mil continue to pay Us for all the Energy
(where permitted by the Utility andapphcable law)the produced by the Systern, (ifi) Interconnectiort
Properly fransferee can sign a transfer agreemt?nt, l'),eac tn vf.i tion. if rrterconnection w4h the Utility
dSSUming all of Your. irfil'its and obligations under this becornes deactNated for reasons that are not (1) a
Agreernont, Pnor t alily SUch sale or transfer of Your Force Majeure Evert, or(2)caused byor related to Our-
Property, You agree to have tl-,w Property Transferee k,irvexc,used action or inaction, such that thr., Systr-mr is
sign the transferee agreernerit YOU ACKNOWLEDGE no lonF
er able to produce electricity or transfer
AND AGREE rf,1AT UNHI., THE PROPERTY TRANSFEREE electrn(,ay to You or to the Utility, You will pay US the
If AS 56NI,.11) 111E TRANSI-111 AW'tEEKIIJ1T AND WE sht"Adown payrnent, (iv) "5butdown payrnerIC The
hl ACCEF)TED T I-i E- PROPERTY I RA N SF,E R E E -AiAdown Payment Jolt equal ttir? moot of
YOU SHALL REMAIN RESPONSMLE FOR (1) payrrients of the En(,,n,gy Price th.,it You wm,41d fi,,ive
AU. OBLK"iATIONS iN 1"HIS AGI,11EMENT, Altern�,,Wvely, rniuji? to U" ,, as in 'Srctlo'ri�'3,( ) f cr r t h c�� F rt e r F,,!,y
if We th�,,jt tltu,,� Property Transfcaree us not 0,iat W(Wid leaver been produced by the, Systen't diirnng
a.ideqrjatey (reclitwortl"iy tea assutne Your obhganons thaw pe nod (if the shutf,,Jowria (2) the value to Us of` the
under this Agreerrient, of the Property TrarOeree Systern Intere,,as that We would Iiave received dunng
refuses to assun'te Your obfigatnons urider th,,ws 5 U C h shutdown., and (3) apphcable taxes,
aa,greernent, We ffiay teirrunate ths Agreerrient (N) Dplernrimatnorr of the amount of Energy that would
3301 �j 11,wtksp
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Phorw 817,404,4129 Fjx� 801,765,5758
RESIDENTIAL SOLAR POWER PURCHASE AGREEMENT
rc�N I,A(,rho 1rAT "VO
12/07/2015 4721133 o�r119
cus"roMER INFORMATION
�ff"1'0�,A riv,,,a,mlorder'�e(,foq Howard Brown
I 1r P1 I CAA,'(978) 857-7662 4216. sandy@calereattygroup.com
01i!s &0
NAAAE(noir,mo"fle,
01 UP[41�f 1,(0 AAN C'R
PROPERTY INFORMATION
157 Berkeley Road
CITY
North Andover Essex MA 01845
.....................
DOCUMENTS 'rHE AGREEMEN'r INCLUDES'T"HE FOLLOWING DOCJJMENTS�
# f(�Iower Purchase A;,,reeirnent, u%,ckj&ng:
Ext"Ok,0, A -Nottce of CanceHari,,c,,,m,t
# thtfe Custoriner (Packet, and
# 0,te Work
All, tv, Wnt to rs ,
g'
nk,,�gmng W,,iy Suit o Y)0,Leh Iw, U T 84(
ocldress,
kn
V1, n"t's, www,v M tit wlar,cenn
MIRE, 45". WE&NR!;;HA9E-JEE,, E'N
11iis RESH)ENTIAL SOLAR POWER KJR04ASE pern,iission to operate the Systern with the Utility,
AGREEME�,Iqr (togett"ier with all docurnerits expreWy Afthotigh We wili promptly reqriest Interconnection
incorporated herewith, thls "Agreemenr') is entered and perrnission to operate the Syster'n, We cannot
into on the Transaction Date set forth above, by and proirnise or guarantee the date SUCh permssiorr will be
between WVMT SOLAR DEVELOPER, LLC, a L)Mawz-kre received frorn the Uulity. After We receive the Utility's
firt-wited liaWity cornpany (together with Our successor perrmssion to operate,We,will activate the Systern and
and asstgns, "Sellel", "We', "Us", "Out ) and the cause it to generate Ener p
,y (as SUCh term is defined in
undersigned CUS'1`01VIER(s) (together YOUr SUCcessors LwejLt 'I(
_r �J), YOU ARE NOT' ALLOWED THE
and permitted assigns, "CuStomer', "You", "Youro'; THE SYSTEM UNTIL W'E NOTIFY YOL) THAl" UTILITY
together with Us, the "Parties", and each, a "Party"'), iAS GIVEN ITS pSION TO OPERA11, PURSUAN'T"
1, Design, Installation,and Activation. "ro f 'hq " YOU ARE LIABLE FOR ANY COSTS OR
ptji,olri, DAMAGE RELATING TO YOUR PREMATURE
of the si&jficant materials to be used and_e_�q _rj� AC11VATION OF TFIE SYSTEM,
to-
.g be installed., We will design, rnstaflf, service, and 2. Term and Renewal.
maintain a solar photovoltaic system on Your home at (a) ."arum''' Agm
', This reeent is effective as of the
the property address set forth above (the "ProperV), Transaction Latearvd shall continue until the twentieth
which will include all solar panels, inverters, meters, (20,th) anniversary of the In-Service Date (together
and other components (collectively, the 'System"), as with any renewal term described in Section the
further described in the Customer Packet and the `Term"(, The "In-Service Date" shall be the first day
Work Order(s) that We will provide to You hereafter, after all of the following have been achieved: (i) the
All material portions of the System will he installed by Systern has been installed and is capable of generating
Our eniployed technocians and electricians, and not Energy; (wi) all permits, inspections, and approvals
subcontractors. With your cooperation, We will necessary to operate the Systern have been obtained;
(i) design, install, and connect the Systern rn rnater4 and (iii) the System has been interconnected with the
compliance with all applicable laws; (ii) cornplete aH Utility and received permission to operate,
required Inspections; and (iii) obtain aH reqwred (b) End of_
'erm. (i) Your Options. At the end
certifications and permits,, In order to des,ign a SySteM of the Term, so �ong as there is no Custorner DefaUlt
that ineets Your needs, You agree (1) that We may ortg6ng, You may elect to;; (1) continue with this
obtain YOUr electrical i rsagehistory from Yot;r electnc Agreernent for a renewal terrn of five (5) years at the
utility provider (the "Utifity'), (2) to provide Us mth Renewal Price (as described inSe.ctilo,,ri..,,,,,21.b)ii,(I);
copies of bills and other infort'nation frorn Your Utihtyl (2) put-chase the Systern (as described in
and (3,) to enter antra arid i?XKL)te any interconnecticrn 5 tLg -ally
. _nj�(bjCp1i ) and Ous Agreement will autornatic
or other agreements that may be tequired [,)y Your terrmnate; or (3) have the SySter'n rernoved at rio cost
Utility. We will design and install the System at no cost to You (as described in imp c)r.qri12, arul this
to You, other than fl-w Energy P ric c, Apreement wrn
itl autoatically terminate, At (east stxty
,
(b) rj f, jj4,!....................... t___and (60) djy,,, Tei rn,Wedill sondto,
Subject tothew dedays of perrraMtnYcw now,l,Ie (,;oncerrwqYora end of terrn 0 tions,
authorities,weather, and otl")er conditions outside Our inclt,�ding the ryriewal, purchase, and cancellation
control, instahatiori of the Systerri peneraHy takes one forrrw!,a, if yo�j not elect any c)f these three options;,
(1) day i"Ind t's anWJpated to wtarl and be st,jbslannaRy Ous Ap
reernerit wik autorriaticaky renew ort a year to
cornplete rto lau.,r tl'uijn 06/04,12016 , year basis(as descnbed iri 5,g
(miil Renewal
(0 A.0 fter instahation, mspeMofl, Opoon, There newal for rn will set forth the new Energy
and receipt of all necessary approva6s r0afing to the Price for the renewal terrn based on Our assessinent
System, We w0l request interconnection of and of the then,avwlable market inforrnafion and Our
of the f,;In market vas uiv of 3. Price and PaVivient.,
tl'icr Systern (th(,h "Renewal Prke"), If Yot,4 GO u 1 h r s A g r e r n e i"h t
renewal then We will ra,wd to receive Youf is for th(.h safe (,)f energy by Us to You anr] nut for the
completed renf.,�wal ft)nri not �ess ttiar) thirty (30) days 4e of Systenr�, the S 'stern lrit(,,rcasts such terri)
prior to the end of the Tenna If You choose not to ss defined 0 Svliaa,AGJ, or a solar energy device,
reriew, then Yot,.0 may elect (under, to Beginning with the In-Service Date, We wdl sell to You
purcoagr tfle Systern or to have the Systern removed and Yw,j sMII buy from Us,all of the energy prwfi,wed by
at rtccost to You, (id) Ptio'chose Option, The purchase the Systern (Ow "Energy'), Energy does riot inducle
forni will set Forth the pumhase pr,�ce baserJ on the the Systern lnterests. (6)Price, all Enor V produ��hh.1
then-current fair market value of the System as by the Syste�rn, YOUsha�lpayGars $
e r
determined by an independent appraiser's vahiabon kuIowatt hour ("Wh") (We "t'nergy Price"), PLUS
of sinrifady sized photovoltarc systems m Your APPLICABLE TAXES. On each anniversary of the In-
geograplvc re&n (the "Purchose Option Price"), The Serwce Date, the Energy Price shall increase by two
appraiser's valuatiori will be provided to You iri wrmng and nine.-tenths percerit (2.9%), (hi) Defivery. Title to
and will be binding, If YOU elect the Purchase option, and risk,of loss with respect to the Energy shaTl transfer
then We will need to receive Your completed purchase from Us to You at the point where the ystern is
option forrn, Your payment of the Purcfiase Optton inter con nested with Your Property's electrical wiring.
Price, costs of the appraisal, applicable taxes, and-all Energy frorn the ystern will be delivered to 'You in
other arnounts then owing and unpaid hereunder not cr�rnphance with all requirements of the Utility. A good
less than thirty (30)days prior to the end of the"ren-n. forth estimate of the Systern output, measured it)
Upon receipt of the foregcarr p
, We will transfer kiliawatt kours,wdl be provided to You in the Customer
ownersNp of the System to You on an"As Is,Were Isc" Packet; provided that we reserwe the right to rnodify
basis. (iv) Removal Option. If You elect the removal the size of the System at the tirne of Installation as
option, then We will need to receive Your compteted required by applicable law or in OUr reasonable
removal form and all amounts then owing and unpatd 6scretion, (iv)Ltrrrtts on Obfigiation to Deliver, We are
hereunder not less than thirty (30) days prior to the not a utihty or public service COITIpany and do not
end of the Term. After which, We wdremove the assurne any obfigations of a Utility or public service
System from Your Property within ninety (90) days company to supply Your energy requirements, We are
after the end of the Term. (v)Automatic Rene"ool. VF not subject to rate review or other uflity or public
YOU DO NOT' NOTIFY US OT YOUR ELECTION BY ser vte company regulatiion by governmentaI
SENDING THE APPUCABLE COMPLETED FORM TO US authonbes, During theTerrin,YOU u ride rst and that You
Effl-I[R (3Y EJvIAiL OR U.S, MAIL AT' OUR ADDRESS may reqwre rnore electricity than the System r1lay
FIRST SET FORTH ABOVE AT LEAST14flPTY (30) DAYS generate. If You need any such additional energy,then
PRIOR TO TFIE END 01, T11E TERM, 111EN (UNLESS WE You shall be solely responsible to obtain SUCh energy
ELECT 'TO TERMINATE I'HIS AGREEMENT) TH6 frorn the Llt,0ity at Your cost. 0 14 IER THAN AS
AGREEMENT WILL ALl10MATK,,ALLY RENLW 0tJ A EXPLICITLY SET FORT14 ON E,Xlflffir B, WE D(1) NOI
YEAR-TO,YEAR BASIS AT TEN PER(IINT LESS WARRANT' OR GUARAN"I"EE (1) 141E AMOUNT Of
T1,4AN P-IE 141L.WCURREN1 AVERA(,')E RAT1 (11ARGE(1 ENERGYPRODUCIED BYTHI SYSTEM FOR ANY PEMOD,
BY YOUR Et ILiTY (JINTI'll- YOU NOTIPY US O1`14 WRIHNG OF (2) ANY COST SAVINGS, OR (3) TF(f.' EXISFENCE Or ANY
YOUR ELK'TION
TION TO CANCEL AT LEASI' 11 1IRTY (30) N(,'T ME 1 ERIN(; PROGRAM, (D R UTILlTY OR
()AYS PRIOR To THE TEND OF THE RENEWAL Ti�,RM, GOVERNMENT INC[NTIVI`, PROGRAM
YOU AND WE A(,,JRE1 TflAT SU01 0'614(i'Y PRICE (b 1�ay,,TtTtilnvoai irq Begirhr)inp
,with
IF URIN(i AN AiJT()MA'TK,.' RENEWAL TERM FAMLY f Nrst ()") rno"mth following the 1ri,Sorvic(,! Date ar)d each
REf,HECTS AN() IS A REA11;0NABt];, ESTWA tION OF I HE rnontti thrO rig
71hout the lama h, We will scancl You an
FAIR MA14KET VALUE ()F TI-* [NERc"°IY f,"RODUCEI) BY rrvvcm,(,,a n,tHectirig Orm charkes for the Erv,,�rgy prodti(ed
l`HL SYSTEM, by the Syst(,,irn, It the Systerr� is not r(,,,,pw trig Energy
I/WE AGREE ro Ti* prodUCti0r) to us, We rnay charge You 0'wiShutdown
FOREGOING AUTOMATIC Flayment (as such terrn is defined iri5p fi
, gtjg!j,.
RENEWAL, PROVISIONThein is no Iarhaaahhcm r.Thaarge associated witt"I this
Agreeawnt, (6)Atitortiotic Poyrrier0,,,,;, YbI,,a Shall in'take (b) We carry corrirnercial gertt!ral
payatents to t Is by autc)rnat I(,. pay rrI(s n t f rC)IM 4abday cornpew,,,,,ation
Your rl(,,,tsignaled 0iii ar:,courit or by auturna0c and prorwrty insurancxn ii thmraSystern For rn'norcY
charge to Your credit card, it is Yoto, responsibifity to aiforrnabon (,"oricerniing, org msura,ojce, irickj4hrig Our
ensure that there are adequate furids or ari adequate wisurance coverage hirnits, and to obtain a copy of Ora
credit lirtnt, (hi) Accotint Debit Discount. The Energy cert&cate of inst,irance, F,0ease Os&
Price arLd all other payrrients in this Agreernent k H!CkOe www viOntsolar corn/insurance,
as Five Dollar ($5) monthly discount for allowing Us to We shall bear
automatically debit Yr.)ur checking account, You wffl aH risk of Boss with respect to flie System, except for
not receive such Five Doflar ($5) rnonthiy discount nf Iosses ansmg frorn the acts or omissions by You or Your
You choose to pay by any rnearis other thari aUtOfflatlt kconsees, P
,Uests, mv" tees, contractors, or, agents or
debit from Your cl-Iiecking aCCOUnt (e,g , cre(,fit card) otherwise covered by YOUr Insurance pursuant to
(iv)Late Payments, For all payments more than ten(10) ap, tiior,,5.Lt1J, If the System is darnaged or destroyed by
days past clue, We may Impose a late, charge equal to fire, storrn, flood, earthquake, or other disaster or
Fifteen Dollars ($15) and Interest at an annual rate accidertt (each, a "'Casualty Evene') fully, covered by
equal to the lesser of ten percent (10%) or the Our insurance, We will promptly ni or replace the
maximurn rate permitted by applicable law, plus damaged portions of the System as necessary t:o
applicable taxes. You agree that Your monthliy restore it to good working condition. If the System is
payments, as well as any late charges Incurred by You darnaged or destroyed by a Casualty Event not fully
as described In thisSec'tion .3',, may be electronically covered by Our inSUrance, We may, at Our option (i)
debited automatically from Your checking account or repair and restore the Systein to good working
charged t,o Your credit card. If YOU contmue to faill to con&tnon,, or(wi)terminate this Agreement and, at Your
make any payinent within ten (10) days after We gime election, erther convey the System in its then-existing
You written notice, then We may exerci,se all renie6es condifion, "As hs, Where Is", to YOU for no additional
r
availaNe to Lis pursuant to Secti U_fjt� -1,
11ii . consideration or remove the System from Your
(v) Unconditional Payment. You agree that the Property
obligation to pay any arnOUnt dUe Linder this. (d} �ystg_M, We May C3LASe
Agreement shall be absolute and uriciandruoinal, and the system to be disconnected from any electrical
shall not be subject to any abatement, defense, faCflitieS, InCkiding the Utility's,facilities, if:they require
COUnterclaini, setoff, recoupment, or reductmort You such drscorinectiton or We are required to do SO Linder
and We agree that all amounts payable by You apphcable law, unclad irip
(but not limited to) any
hereunder shall be payable it) all events ;nch,idirig by chsccmneMon directed by the Utihty as part o,f as
YOUr, heiirs, successors, and per'Mitted assigns, Except curtadrrient or Iather order or instructmn,
for Your right to terry,nnate under the Notice of (e) LjLrLii tr-A_4i A–Al gtm)--g—ORP-0 IlP D-10L.—trAW n
Cancellation or after a Seller Defauk (aria SLICII term rs Waif, anty. Durmig the entire Term of this Agreernent,
defined in Sectcern You hereby warve A nghts under custofnary use and ciperatirig conditions, We
You rnay have to reject or cancec thrs Agreement, to provrde a workmanshiip warranty that the Systern will
r„-revoke acceptance of the Systern,oi to I,,, n
pant a secunty be fi'eE� frOn') rrwaterla� defects In desig a in d
Interest m the System, wc),rkrnanshrp, When We perietrate Your roof diving
4. Our Services. mstahation of th.w System, We warrant that aH rooftop
lara t
e [Xifir% 0-W ienetra waterught, This rocnf 1,)ene,tf,atior
cmhre Terrn of this, Agreernerit, We wiH honic,>ir trw warrarwy wih rurr the kmg(,n,of (1)orw(1)year f0k)wing
hairted rrtstallatiton warrarity ntr r n Vl tlnnf b0ow Or) mrvstaHati(,,)n of the Systern; (d) tlndn kn,igth: of arry r)ew
!�Ii qg), arld Wo wifl rnlamnrantcs am"i rrlaIiintam fhf,',r construmorr hornebulkier Warranty for'Your ri and
systerr� (i) at Our sok,� cost an(l exf,"wrise� (iV) In good (io) arrayiequmM by appfic&e Iaw,
conditwri; and (iii) in rrraterral cornpliance wM'i all if) iq�� We do not
applicable laws and permits and the i~, prov�de any warranty to 'You with respect to any
requirements, camponent of the System, Any ma ni,ifacturer's
warranty is fiz)r()ur benefit as owner of the Systerrt and
is irit,"lep(,mdent of the 0rniu,',xi lrvitallatror� warranty c,.,glect tt,ie daw, We wi,11 store such rneter dat'a
dw,xrlbed above ire 5ec,ti0n_A,,( ) ftmo,ma Systern's s(,,Aar tf)e rerryt and provk,,,le rt to Yor,a r,q1,)on Your'
7-- ,
rnodules cBarry,gra mirmyrurn Ma(1UfaCtLA(P1"s warranty cJ reaiwxiat'fle reqoest, You agree to allow 0(,jr perscumi-A
twerity(20)years as follows: (i)during 0'1 first ten(10reasonable access to Your, Property to collect st,tch
year's of rise, the rnodules' electrical output w0i riot data, At Our discretiorr, We may test the accuracy of
degrade by nriore t[iari ten percent (10,90) from the the performance meters frorn tirne to tirue� if testing
orig4ially rated output; and (J) diinng the first twenty sn6cates that the meter ms inaccurate by rnore thar)
(20) year's Of Use, the rnodules' electrical output w 11 pkv;or rrinUS five percer)t (±S%), then We will (I) repair
not degrade by more than twenty percent (201%) fron,a and recalibrate the Meter, at no cost to You; and
the originally rated OLAPUt. The Systern's Inverters (k) make retroactive adjustments to YOUr payry'kents
carry a rninirIlUrn Manufacti.irer's warrarity of ten (10) based on corrected meter data for the period of Such
years against defects or component breakdowns 6iacciuracy, If the meter us inoperable for any reason,
During the Tenri, We will enforce these warranties as including Yourr failuire to maintam working broadband
owner of the System. rnternet or electrical connections, We may (1) charge
(g) Let fjusions and Disclairner of Warranty. The YOU the Shutdown Payment, and/or (2) estirnate any
Vomited Installation and roof warranty set forth in performance guarantee payment.
Section 4 (-* above, does not apply to and does not W Rn.. yetg'aw OmL-Ilme 5YA?"! JDLe'r,le-st"'s
cover Problems resulting from: (i) Your acts Gr (i) Our Ownership of the System and the System
omissions, including Your failUre to abide by the terins Interests, We shall own and hold all property rights in
of this Agreement; (ii) exposure to harmful rnate6afs (1) the System;and (2)any credits, rebates, Incentives,
and chemicals-, (4i) any force Maleufe Event (as siuch allowances, or certificates that are attributed,
term is defined in Section 6 ); (iv) vandalism, theft, allocated, or related to the System, the Energy, or
or tampering with the System by anyone,- (v) damage envpronrnental attribUtes thereof (collectively, the
caused by hail or ball strikes; and (vi) any other cause "System InteneW'). You hereby disclairn and, if
beyond Our reasonable control. Our warranty and appkr able, assign to Us any and all tight, title and
maintenance obligations under jections 4a and 4L el interest 41 the Sysrn teand the Sm ysteInterests that
A_]
may be transferred to a third party, EXCEPT AS SET YOU may have at any time, whether arising under
FORTH IN THIS SEC11014 4 AND EXH01' B WE MAKE apphcable law or otherwise, and YOU agree to exeCLIte
NO 0'rH,ER WARRANTY "TO YOU OR ANY OTHER all docurnents and rnstruments We reasonably request
PERSON, W 11 E 11i E R EXPRESS, IMPLIED, 0R to carry into effect the terms and intent of the
S"FATLITORY, AS TO TfiE MERCHANTABILITY OR ftwegoing assignment and to otherwise cause Us to be
F41'NESS FOR ANY PORPOSE OF THE EQUIPMEN'T, the exc�Iusive owrier of the System and 010 SySterr)
INSTALLATION, DESIGN, OPERATION, OR Interests You shall have no property interest In the
MAINTENANCE OF .T If SYS"I'LIVI; 1 HE PROD L,J `1'I0N OR System or the System Interests except for (A) the
DELIVERY 01" ENERGY; OR ANY OT+4ER ASSOCIA'FED Energy that the 'Systern generates, and (13) any credits
SERVICE' OR MAT-TER 11FRE'UNDER, ALL H0
LL OF W � i WE or payments availablee
undo Your (JOity's net
V-IEREBY EXPRESSLY DISCLAIM, OUR LtABILITY FOR ANY #7,ietermfg la rograrn for the Energy that the System
BREACH Of,, ANY WA'ARRAW Y IS LIN417 1:11 TC)REPAIMNG gen(,�rates, You agree to keep the Systern arid System
THE SYSFEM OR YOLiR PROP[RTY TO 1`141" EKTENT Iriter(!1sts free from all hens, seclurity interests, leviers,
REQUIRID UNDER TH I S AGREEMENI, YOU attachrnents, and encurnbrances of any type, and You
ACKNOWLEDGE Ti,,IAr WE ARE' RELYING ON 1416 ackrtowledge that none of the systern n(,)l ""Iny of itis
I �rests rnay be Sold,
1115L,(" AS A CONDITION AND MATERIAL coiriporients nor ariy Systern Int(
INDL)CEMENT TO LN'TER INTO (H6 AGREEMENT Wased, assigned, rnortgaged, pledged, or encurnbered
THIERE ARE NO WA RRAWHES WIA�CH EVENI) BEYOND by You, Yotj shalll iridernnify Os apari tst aH losses,
THE DESCRIPTION 01" THE FACE HIEREOl c4[rrvi, c(,xit% and expenses (Includiriv
art:(
(h) and releasing any such
tgpq& We will rristafl performance mcurred by Us at dischargirrp
Meter(s) as needed to rneasure the Energy prodtxed hen, encurnbrance, pledge„ levy, or, attar hirient ansing
by the System (the "Metet'), We will coflect 1.)V, under or through You, You agree to not take ,,iny
perfortriance data remotely or use Our personnO to ac0on cr allow arty omissron that C(°)uld have the eftect
ofada`ipanlM„i�.nl tl"nG� waalrii'!," ("'rf tip"rcr aYst:r�rr`n b°;'kr' tfie awysta';rr"b (ae) (i, Viuhklig its),�i,�,�V��YI"i� ,,rYkr�,,,,,�r�iVrp����il����a� W
lY„,rtr"r("'nt,„o-. You r»h'rall irrrrrira diantely notify (Js rifbr;,)n sl,n,Ai rVr',at be fiOd r"e"aprrkrisibY e for any extsUng'+ icri t;IP,Jns
farrcorniii'ng aware of th"nra r"nr;crurre nr°e or (a'irara",°n baht"y of of apfufun.abf e hauildmg regulainhorrs or, ordiria(ices on
si.ac.h innipairrrnent, (lr',) Persorral Property Nature r,>f the Your Property, whether cited by the appropriate
Systern, Notwithstanding the manner in whbc:h the authority or rioL We are not: responsible for any
System is attached to Your, Property, nor any fibrtr.nre prelerai.sbng cc)ndifiorns on Your. Property, Prior to
filing by Us, You and We hereby agree tf"nat the System mstal@,atrori„ You shall give to Us a copy of any
and the Syswterni Interests shall rennain Our s0e easerrnerntss„ restrictiornrs, or nights of way relating to the
persornal property and shall not be deemed or Property. hf You do not do so, We will assiurne that
characterized as a "fixture" or any part of the "realty', normo exist, and You shall be solely liable for any
as those terrrars nray be defiried by a'appNucable law It r5 wrrollatiorn of such ea seer"rr nt, restrict*n, or right of way.
frnrt.her agreed that the insstallat,aon of the Systern "ihasll (d) You hereby giant to Liss
not be a repair, rernodel, al'terabon, convers,iian, and Our e phoyees,, agents, and contractor's the right
modernization of, or addition to, Your Property. to access and use Yolur Property so that We may
(fi) Notices o f' ystem Ownership. You authorize Us to (i) install, operate, and maintain the Systern
make filings and recordings with rel=evant: throughon.ut. the 'Term, (ii) enforce Our rights as to this
governmental authorities as nnay be riecesasar°y to Agreernent and the Sysstern and the System 0rut r sts,
provide notice of and to take security interest in lutr.ur and (6i) take any other action reasonably necessary in
ownership in theSystem and the flystena Interests,and connractiori with the construction, installation,
Cour right to access Your property, including (without operation, maintenance, repair, or° ren oval of the
hhmitat o n) finaricirng statements and fi;arture flings" System. The foregoing rights of access to Your
Upon termination of this Agreement, eac�h such filing property shall constitute a license coupled with an
will be terminated. You understand that the Systema interest and shat@ be irrevocable for up to ninety (90)
shall be marked and identified as Cour property. day's after this Agreement terrniinates to provide gds
S. Customer Obligations. with time to remove the ' ystern at the end of the
(a) Re resentations and "w arrantai s,. You Terrrn.
represent, warrant, and agree that each of the (e) Mg! t flan mttroYYswatft r n t lL (i) Alterations.folloiilrng i.s true and correct: (o) all inforrrution You shiahl not (1) touuc:h, handle, operate, alter', repair,
concerning You herein is true, correct, and conbplete„ or otherwise modify the `system or any component
(ii)You are the only fee sr"rnple owner(s)of the Property thereof; and ( ) take any auction that: cou.uld tyroid or
(i.e., Yor.i have full and exclusive o rier"ship rights to mipaaia any warranty relating to the Systern, You will be
the Property); (iii) You own the rc:bof on the Property, responsible for any, damage to the System that is
and have the n.dnrestnued right to install th4e Syrterr"i caused at any time by You or Your licensees, guests,
tfwrea,nrn, (iv) Your roof is in good cond6aari and repair, irr0tees, contractors, or agents. (fi) Property Repairs.
without rrnaterial defects„ sn.uffir,uranYwnt for"Lis to insstaak the You arra* not periT fitted to make rel:nan s or
SySten"i; (v) You are at least eighteen (1.8)years of age, arriprove rrnerit:s to Your° Property that may aiterfere
arid (vi) You have had the opportannity to rewiciaa„ arw-d with the performance or operatic:arn of the Systeni
discuss this Agreerrnerit: with Our sales agent and any wasrthourrt. Our l:rr"ior c::'ornsern't pur""arkzirnt to this
Y7tl'"nes" andvisY:,nr'" You rrnaay dl?"wrrra tc,n (:rbY"naroidlt,. Yuwni.,l ;f,,Ncru,w,; pg), After the fifllM (51") anniversary of the In-
ruride rstarid that. arar"iy *lilt"at:ake, r"rnisreprr serta"it*fn, 01" Serwrure Date pf You prr':bwide Us W"aFnth thirty (Nall) days'
ornis,slon in thisgreern"rr°ant rnnarfe by You is a rnaatea Wal prid:a9 ° r itteri *notice, thorn Me will ter'r'iporaarlly rerrnove
br ea#r h of this f r"Y`ertlr;rr,,it arid na'rVtrtlrwraa Us to tlirar arid remstall the lryrwtern'i- aat Yr' ,jr rrtratr„Rr„st to allow, for
�
r°ernianWfiQ°aa proVidi.a�iaf for in )biihetaa fn ah )(ll e rnalke rio aau f"i repairiar” (a w CU$tVM r-ReqU0t0d
reprr"."`»,,nrt:r.ation`a or "« a" rraarak,?"w t arr;dr'fYt as expressly "',wt; .5hir"nas "N�«m). `ci4,,.b will be rrar..tr,drrrud to(1) pay to i)s ra fo-e
forth in this Agreermmt, eb uaB to Four h4undred aid Nir,nrtty,fqino Dollars ((ia 99;
h) r,d "lrlQrnr 1,.,11rtsi.rr{91)C e,. YOU currently Brave before We b"aff')wa'br e the SyStdrrr,ie (2) securely store the
and agree to maintain rrustonuarY larc:rperty arid Iliab0aty Systern caornnfnc.cne ntas during the Cu st:ornear.'ffequested
it°rsrurarnce with) resl)ec.t to Your Property, fihut:diu)w nr and ( ) flay tine Shutdown hlayi°i°nernt: if tire
fwyst:errn is not r°ebristalled within thirty (:°ttl) days (it
rk�?rnoval, A inng the Se(„00n, without proof o( any darnaf;(,,"s, c�wr pc)sting of
first hvi,,,e(5)years c)f th(,e Agreoernent wiH be done at (),tv wvy bond of' Srrldar se(: inty,
sole, clsscr(ehon ancl at as cost rnt,gtually agnl,?ed before (g) ygqjj�,,_ Y(,,,)u are responsibl(,,., to
We rernove the Systern, 11-JE CUSTOME R-REOUESUD ensure that Your, Property (incluchng afl elect6cal
S11(JIDOWN COSTS DESCRIBED IN 11,41S SECIII-O.N 5,je ,o
-”' _j Systems and the roof) �s rimiritained m V,od conciftion
ARE NOT'AN EARLY CANCELLA110N FEE, 01'HERT11AN and repair. It is Your responsibility to rernove or
AS srr (-'ORTI,I IN THE NOTICE Of, CANCELLATI(")N AND prated any persor,4 property or fixtures (including,
511"JL")IQ_N11Ln� AND
i._5 _J, YOU ARE NOT but not linitted to, decorations, furniture, vehicles,
_ ,, 6,Lb,�,
AL10WED 'TO TE R 6Aw N A1 E OR CANCEL 'n,ivs plWits, and other valuables) in the areas of Our work
AGREEMENT PRIOR 'TO THE END OF THE TERM, and the locations surrounchng the System. We are riot
(iii) Requhwd Changes, If You, the Ut0ity, or any responsibie for darnages or loss of said iters whether
governt'nental agency requires (1) any change to the caused by Our personnel, equipment, or. natural
Systern after its instaHation,YOU shall pay Our standard causes (including, without firnitafion, daMage Caused
parts and labor charges;or(2)that We pay any tax,fee, by srrow faHing frorn Your roof),
or oth-ter charge in relation to the System or this (h) t.Lsg.9_f��g�y_steni. You shall use the Energy
m
Agreeent after the In-Service Date,then You shall be firon�� the Systern pnrnarily for personal, farTlify, Of'
responsible to reimburse Us for such tax, fee, of other household purposes, fart not to heat a swimming pool,
charge(inciLidingarty t�axesunder"Sti,-,cti5
2n._.JUj, At all tinies, You shall ensure that the Property remains
(0 Lrijolatiqn, You ackno?wledge and agree gnd-connected to the Utrhty.
that the Systern's unobstructed access to sunhght (1) Broadband (r-iternet Connectroin. You must
.................
("#Wolsdoff) is essential to its and is a material provide the System with continuous access to a
inducement to Our entering into this Ap
greement,At all fUnCtioning broadband internet connection with one
times during theTerm, You shaH not cause, permit,or (1) wired Ethernet port and standard electrical outlet,
otherwise allow any circurnstance or condition mthin at.Your cast If You fail tornawntain broadband Internet
Your control that could adversely affect, lns6atiion, or electrical connection for a period of time, We may
including (without limitation): (i) any rnaterial charge You the Shutdown Payment, and/or
alteration of Your Property where the System os (ri) estimate any performance guarantee payment.
instahed; (if) the installation of any structure, or any (1) Aluthorizabons. parlor to installation of the
. ....... ............ ..
other obstruction; (rip) the growth of trees and other System, You shall obtain frorn Your mortgagee, home
foliage; or (iv) the emission frorn Your Property of owners' association, or any other person with an
particulate rr)atter, srrroke, fog, steafn or any other mterest in Your Property all authorizaficins necessary
airborne irripedirrients that,materially affect Insolation for (Js to install, operate, and maintain the System,
You agree to trial all trees and other foliage to ensuire Your failure to obtahi these authohzabons in a timely
that shading Of Your roof and the Systeryi is rio worse rnanrer rnay result in termination of this Agreement,
than on the Transaction Date, If You become aware of (k) 't axpa, You will pay,all taxes assessed on of-
any [,,rcrtential developrnent or other actrvity on au tsmg frorn installahon or operation of the Systern,
adjacent or, nearby propettfes that could dirmnish the mcluding any transaction priwilege, general excise, use,
:tion,based taxes on the Energy
Insolation, You shall prorriptly notify Us and shall 4es of other trairisac
cocperate with fis ird reasonable rneaslures We rnay produce(I by the Systern, and arry real or persor4l
take in an attempt to preserve existing lev0s, of property taxes on the System that Your 1o4:a:
lirsol,ition, Notwithmanding, any other right ur remedy rnay levy,
provided if') this Agreemerit, You agree that We would 0) )la "th"ej............ OP(Al 0M, requcest,
b(e harrn1(,,!d by Your birc,eac:h of Yoii,jr Yi'.')1ua �,,d'iak promptly siV
,ri arid returri, or otherwis(,,.a assist
obligatic)ns r,inder ttiis Section and that an award cJ L)s ai obtaininp I r
,,� (�) arq ,,ipplicatron, t, o,
would be iriadecluate tc,k rernedy sucll'& a oflwrdt:,Tcunient ne( essary for is tel obtajrny Systern
br(,,mch, and that therefore We shall be er'44r ed to kiterests; (II r) any ;,)errruts, interc),"triectron, riet
equrtable relief, including specific performance, to metering agreements, arid other, do(,urnents required
con°ipO Your conrpliance with the provismns of tl°ms by the Lffikty„ (iii( any docurnent necessary to verify
Otv ownership interest m the System arid ystern
I I , I , [; � X I
inter rasts; and (aro) You stwil l,,,,irornptly cornply with airly wn1T(',m ru',)uce to Ymi airwd Y(,,)u mull b(,s oblit�,��,dk?d to pay
of Our add&onal s(,") tl'iat We rriiay obtatrti tii,) Us, aurin aniotAnt equal to (`ot ir Doiiar<, ($4) per watt
possession of all Systeri,i lntere,,sts 'To the extent ansta4ed, subject to a redi.a,,0on of fiv(,,r pim:errt
perry0ted by apphcabk,� IaW, YOU herelxy aut,horae U5, per year (e,q_ m year 20, the I raw,,Jer Payrnent will be
to complete any documents referenced above ur% Ous $1,56 per watt instafled), plats apphcable taxes (ttie
5,Q M." ij by adding any inforr'nartion necessary, "Transfer Payment'), After YOU pay to Us the Transfer
(nm) Q!,ty Paynwrrt, We, will transfer ownear snip of the Systern to
_N91JI[y� You shall promptly notify Us
if(i) You notice any person or thing interfeiririg with Ow You on an "As is,Where Is"' basis,provided that We will
opet-abon of the Systern; (4) Yot a Property I'las any retairm all tight ar ad btle to the Systemni intern•ssts.
ordinance or permit violations or encumbrarce that Notwithstanding any other- provision in tf�tis
"ray prevent proper ystern permitfing, installation,or Agr ee-merit, rf the proposed trarisfer of Your Property
operation; (iii) You take any emergency action mth to the Property Transferee is a lease or other transfer
respect to the Systern,; or (iv) You receive or othermse that Vs not a fee simple. sale, You will rernain
aCqUire ar)y ystern Interests, Including any inceritive responsible for performance of Your obligations under
payinents. Your failure to promptly notify Us of such think Agreement, You agree that the death of all
matters shall be a Customer DefwAt under Customers heretuider shall be deemed as transfer of
'SecIt'jon-1611(il. In the event of an emergency affecting Your Property, and We will work with Your SUCCPS'sors
the ystern, YOU shall contact Us iint-nediat6'y, If We and heirs to transfer this Agreernellt Under this
are unable to timely respond, YOU may (at Your own -%
�ec�on 5�n
expense) contract with a licensed and qualified scalar 6. Special Circumstances.
installer to remove the System as necessary to rnake (a) Systern Shutdowns. (i) Safety Shutdown.
repairs required by the emergency. You shall be ki addition to Our right to shut down the ystern for
responsible for any darnage to the System that results maii,ntenance, We may shut down the System if We
from actions taken by Your contractor, reasonably believe that Property conditions or
(n) ransf r pf r pr vy. You are required to activtties of persons on the Property, whlch are not
notify Us thrrty (30) days prior to any sale or transfer under Our controi, whether or not under Your control,
of Your Property. When notifying Us, You roll be may interfere with the safe operation of the System
required to provide the foliowlrig information: the (a 'Sa&ty Shutobwf), During the pendency of a
name of the person IoUy4ig Your Property or the Safety ShUtdown, YOU WHI pay Us, the Shutdown
transferee (the "Pmperty rrans*rftr), the arctic' pated Payment, (iii Property Vocate�d In the event that Yot.j
date of the sale or transfer, and any addibonal vacate YOUr Property for any period of time as a result
information We reasonably reqtmst, If the Property of an event that is not a Force Majeure Event or a Seller
1'ransferee rneets Our credit quafificat*ns, then Defauft, You mk contirake to pay Us for all the Energy
(where permitted by the Utility and applicable law)the piro(Juced by the Systeni. (ifi) Interconnection
Property Transferee can sign a transfer agreernent, Deactivation, ff mterconrwction Mh thea Utility
aSS'ijMif)g all Of YOUr rights and obhgations under thr^i becomes deactivated fi)r reasons that are not ( 1) as
Agreernent. prior to any stich sale or transfer of Your Force Majeure Event, or (2)caused by or related to Our
Property, YOU agree to have time Property 'I ransferee unexcused ac0on or, Vnacfion, SUCh that tl"ie Systeffl iS
sigri the transferee ap
greernent, YOU ACKPJ0WI.EDGE no longer able to prodiuce electric"ity or. trarlsfel
AND AGREE 114AT UNTIL 'rHE FIROPERT"Y TRANSFEREE electnuly to You or to the Utility, Y(:)u will pay I,,Js the
1,1AS S16NE0 THE 'TRANSFER AGREEMENI' AND WE Shutdown Payrnent (iv) sleuid(,'rWra puyrrfefft, I I I(,"�
t,IAVE ACCEl'"'rED THE l,"ROPEVY TRANSFEREE "AuWbwn PaWwnt' st"wil equal the rsrur,n cif
FHEREUNDER, YOU SHALI. REMAIN RESPONSIBLE FOR (1) payrnents of tl,,we Ent,,,rrgy F16c(,! that Yotr would have
ALL, 0131,1GA'HONS IN 11,41S AGRIOVIEN'l Alterinauvey, mairie to LJs as de%cnbo,,!d it"i 'A)"or'I 3(i, for the� Eru,wrgy
if We detennirre tt')at th(� I)roperty 'Fransferee as not that wotild have bt,,,eri produ (,,�f,1 cby 0"i(,, Systen,i ifunng
adwjrjat(,0y creditwcut[ty to assume Your obligavons, 0,w pen(,,)d of the sl'iutdowri, (2) Ow value to Us of 0u,,?
under this Agreen'rerit, or the Projieity 'Transferee ystern Interests that We woulii have received dtirmg
1'efUSeS tO aSSIATIe YOLJF cibligatfOM Linder thiis such shutdown; and (3) appkcable taxes.
Agieenient, We rimy term" irate thas Agreement on Deteriminao,N) of the arriount of Energy that Vv child
braell 1,)r0duc(,!d duririp, tf'ae period of the st,wh fiiikjre is not cured wM,6n thirty (30) days after
sVititdcuwri shall be based ori esfirriated lee is of Y04"j gIlve Us writter) notice of suct) fa,)0ure,
pi"oduction, If We bill 'Yoti for the Shutdowri Payment (iv) Retnedies f(,,)r SeUer Oefau(t, if a Seller Default
because the Systern is irc)t reporting Ertergy pro�,,,Juction occu(s and is coritin�ong, You rrrayo (1) terrninate tNs
to Us, arid We subseqUently detern''flne that We have Ap
greernent and reqUilit removal of the Systern from
and/c Rxcept as provided br!Iow,
either (werestirnated or under�esfirnatethe d actua�l Your Property, )r (2,�
Ener,gy prodt,ictmn, tl,wri We 1 ad�ust the r,wext exerin5e any other rernedy available to You In dris
irrvoice with a nor)-refiAndable credit (for- over-b#flmg) Agreement or, under applicable haw, Notwithstan(fing
or an addituorial cl°iar,ge (fOf' Under bMirrig), You wuH not the foregoing,You will have no ngl°st to dairn darnages
be charged fore hUtdown Payment whert the ystern is as a restilt of the terminafion of this Agreement,
not producing Energy due to Our fauit, if a shutdown, elxcept for(x)the actual costs to rer'nove the System, if
pursuant to Seqion 51,e_),or this Sef ti n,6 a)continues We fail to rernove the SysteiTt frorn Your Property
for one hundred and e�ghty (1.80) days of, �orrger, We pursuarit to!LeLtLon C cj,; and (y) any darnages to Your
2L
may, in Our sohe discretion, terminate this Agreernent Property resuftrrwg from the removal of the System by
and require You to pay the Default Payment. US Of OLif contractor, (v) Default Payments, If this
(b) Events of Default. (i) Customer Default, A Agreenier'A rs terminated for, any reason, other- than
"CustomerDefauft" shall rnean, the occurrence of: any pursuant to the Notice of Cancellation, iron (1)",
or
of the following: (1) YOUr failure to make array payment a Seller Defauft, You will pay to Us the Default
under this AgreeMent within ten(1 0)days of when due Payment. 1"he "DiMbult Payment' shall be an amount
and such failure is not cured wmthin ten (10) days after equal to Seven Doilars ($7) per watt 4istalled, Subject
We give You written notice of such failure'
-' Qj Your to a reduction of Ne, percent ( Year 5%) per yr (eq., in
failure to perform any obligation under this Agreement year 20, the Default Payment will be, $2.68 per watt
and such failure ms not cured within thirrty (30� days installed(, plus appkcable taxes. You agree that the
after We give You wrAten notice'of such failure,(3)"You Defaut Payment fairly reflects the value of the System,
deny US, Our contractors or agents, governmental and, rn the case of a Customer Defauit, is a fair
authorities, or the Utility access to Your Property and representation of the damages and losses that We
such access is not given within thirty(30)days after We expect to inCLK, After You pay to Us the Default
give You written notice of the failure to provw de SUCh, Payment, We wiII transfer ownership of the System to
access; (4) Your bankruptcy, insolvency, or admssion You oin an "As Is, Where 15"basis;provided that We with
of Your inability to pay Your debts as they mature„ or retam all right and title to the System Interests.
(5) Your Property becorning subject to a foredosure (c) Ten ninat'ro'' n'� (i) Termination by,Seller, We
proceeding, (6) Reniedies for Customer lea" huh, If a rrtay, v) Our sole discretion, terrurnate this, Agreer,ient
Customer Default OCCUB, We rnay exercise anV of the (1) 4 pnor to the ln.Service Date, upon clefivery of:
following rernedies: (1) terminate this Agreement arnd wrilten rwtice to Yokji or (2) upon the occurrence of a
dernand You pay the Default Flayrnent, (2) heave the CLJstorrer Defauh. Mthin ninety (90) days after,
Systern in place on Your ["roperty, but deny You useof tetgnination of this Agrcynient, other than Under tire
the Er'iergy it produces, Whicl'� rnay be rerfirectecl and curcurvistances m which the System is transferred to
sold at Our election; (3) (fisconrect or take back the Vou tinder Se0on 2,(�),, Sgg,,,�j
or Se(tio
Systern as perrnitted L)y applicabie law„ (4) 1-,)lace a hen We will rerrrove the Systerri and restore, 'all rooftop
on Your, Property; (5) engap
ge a ccrlfecfior,u agency to penetratioris to be free frorn leaks, It We elect to
coflect (r(Hir Y(,,itre, (6) rejacwt Your def&At tu teirmnate ths Agtcwrrtent, Wo wiII have rlafur-ther
n 1,e(I I t rr"tPortlng age nc I(e s; (1) susp«,!rrd Our kabikty to You, (6) 'rconinot(on by Custonre(, Yotj may
l)(140MIXICe LJ n d(,,,t r t li c,," A g r e e rn(,,,.ri t; a n d/(,)r tfwrrrtmate ttm Agreement (1) pursuant to the terry,is of
(8) (,nxercise any otfu,,rr rc,nrnedy avatlable to Us m, thus the M,)tice cif(ancellatior),or(2),upon a Se ler Default,
Agre(,mt(,,;nnt or, rmd(,ar applicable law. Scrller's, rerlled (,,,s (d� if Yoi j or We ar(,,t unable to
set forth in this Sectwrj )fij() are curnrilative and not perforn'°i any of the obligations under this AgrBerrie nt
exclusive (6i) Seller Default A ,se1krDefibult, shwa because of a Forc,p majet,ire Event, such, affected Party
mean Our failure to peiforrn any of Our matenai &n H tw excused frown whatever performance is at fected
obhgatJon!.,,; under, this Agieerrwint and the effect of by the Force Majeure Event; provide(i that the
r 1 I wl, ,I
su,.;p(,,msiori of suct"i obligations ds tl,:)f OpUN greater scope agreement CO(ICerrII(Ig SLIL)I(Mt, MWItter
and of no loriger clu,uratioin than u!,r(,,!rAujred by the f rsra er hereof; (6) ,,iriy breach, default., or terfron,,,Amn of tlals
Everit, 'AmMajmm. Event' sfmH rnean arwy Agreernentm and (Iv) the interpretat Ion, vali&ty, or
owmt, condifiora, car cirojrnstanc(,,,r beyond the (ontrol enforceabihty of this AgreelnOrlt, includia% the
of the affecte(l Party which, hay the exercise of due deter rn inatiori of the scope or applicability of t1ris
foresight stich Party could not relasonably have been (each, a "&Wd'), f1rior to cointriending
expected to avoid, and which by the e'xercise of due arbitration or an action in small clairns court, a Party
diligence si.jch Party with fault attributable to rt us nit,M first send a written "Notice of Dispute" via
unatfle to ovorcorne, mcludii ig, but not hmtted to, certAred rnad to the other Party, it Yori elect to
action by a governmental authority, the fadore to as cornrnence arbitration or fHe a cla4n in sniall claims
on the part of any governMental authority or the Utility court,, the Notice of Dispute must be sent to VIVINT
(provided that such action has been firn6y requested SOLAR DEVELOPER, LLC, 3301 14 'Thanksgiving Way,
and chligertfly pursued), failure to ol)04-a or maintain a Surte 500, Lehi, UT 84043, Attw Legal Department. If
permit, license, consent, or approval (provided that We elect to iriffiate arbAration or file a claire it) srnaH
such Party has made tin°iefy and reasonable clairns court, We will send the Notice of Dispute to
commercial efforts to obtain and maintairi the sarne), Your bIlling address, 1he Notice of Dspute must
labor dispute, strike, work-stoppage, slow-down, lock, descnbe the rrature and basis for the Dispute arid the
out, flood, earthquake, volcano, fire, lightning, wrod, rebef sought. if You; and We are unable to resolve the
epidermic„ war, terrorrsir, riot, econorniic sanction or Dispute within thirty (30) days thereafter, thein either
enibargo,civil disturbance,act of god, unavailability of Party May COMmence arbAration, The arbitration shah
etectricity from the Utility, equipment, supplies of be administerc-d by 1AMS pursuant to its Streamlined
products, power or voltage surge caused by someone Arbitration Rules and Procedures and in accordance
other than the affected Party, or farfure of equipment with JAMS Policy on Consumer Arbitrations Pursuant
not utilized by or under the control of the affected to Pre.-Dispute Ciauses Minimum Standards of
Party. In no event shall a rorce MajeUre Event excuse Procedu4l Fairness (available at:
You from any Of' Your Ipayment obkgatrons under this http,,//wwwjamsadr corn, the "JAMS Ru/&p) and
Agreement. Under the rules set forth in this Agreement, Any claim
(e) /fib itraton of Disus Most CUstarner against a state home Improvement gUarantee fund
concerns can be resolved quickIy and arwcably by (urclu&ng under Maryland Code § 8-405(c)) by You
calling OUF CUStOrTler service departMent at shaH be stayed unbl the completion of any mandatory
977,404A121). If Our customer service departrnent is arbitration, proceeding The arbitrator shall be bound
tniable to, res6ve Ym ir concern, You and We agree to by the terms of this Agreement, No matter the
resolve any Dspiute (as such terni is defined behaw) 6rciumstances, the arbiftrator shah not award punitive,
through binding arbitration or SMall cla0IS court, special,exerrtplar-V, indirect, or consequentW dan-rages
instead of courts of general jurisdiction. BY SIGMING to either Party or any other award inconsistent with
with"
YOU ACKNOWLE'DGE AND AGREE T11AT the i0wtat*rrs set forth m S'lec'tio'i''i 7( 1,
(1) YOU ARI, I IERE,BY '"<a ' I' 1
ING 11E RiGlff TO A I'RIAL Oaims for less than $10,000, If' the relief sought by
BY JORY; (2) Y0I,J MAY 13RING ("LMMS AGMINIST US efthef,Party rs for Iess than$10,000,the foHciwviv shall
ONLY IN Y0I.JR INDiViDUAL CAPACITY, AND N(YTAS A apply, You nlay choose whether the arbitration s%nll be
P I AINTH'T OR CLASS MEMBER IN ANY P(JRPOR11D condt,icted s0eIy on the basis of docurnentssubnt�ttecf
CLASS 011 REF'RESENI"A"I"iVE PROCEEDIN(il' AND(3� 141E to the 0"irough as t0k,uJ,)hOrli(, h(M611g, 01 by
FEDERAL ARBITRATION ACT (9 U,S,C, 1, et seq,,) an m-persorr fieanng near Your Property con!ostel'A
(iCIVIRNS THE IN 1114PRETAT01\1 AND EN1,",0RCEMENT with, the JAMS Rules, If Yotj are requgred to pay a filirtg
Of fl-liS 1r1ftOVISION, Except for clairns brought in sm0 fee,after We receive riobce that yotj I'mve cornn,wrice(,J
(,,,1airy)s court, You and We agree to arbitrate, ah arbnratrorm, %at will pi,onrptly reirnburse You for Your
disputes, clao,r'is, arid controw,arsws ansirig out of or payment of arry f0irig foes, If the u,,irbrtrator issues You
relating to (i) any aspec,t of: the relatoorisriip between an award that is greater tf'ian the value of Our. Iast
You jr� tort,
u and Us, whether based Statute, written vittlement offer made before an arbitrator
or any othw, k?gal 0WOry,; (h) ti'M Agreernent or any was seected (or of We&d not rriake a setdoment offer
ff f
to4ore ari arbilralof w;i,s mflected), then We w0i pay VWE AGRE E TO ARB ITRA"I'l 0 N W
You the lesser of the arnount of the award or$10,('X)(), AND WAIVE THE RIGHT'ri)A
pkis reasonable attorneys" 16rx,,r,jrred by Yoti artd JURY'TRIAL:
awarded by t1w arl",)rtrator, (,xcept as expressly set
(f) Q.QyA�jr ji yj_jdy This Agrperner)t, and a
forth 1-wer6n, dw payment of ah costs, fihng fees, an'd �� -0 IT _y, ny
adi"nirirstratoon and arb0ator fees will be governed by iristrtirrient or,agreerner)t required hereUnder, shall be
d"ie JS kik�S, governed by, and construed ur"Oer, that iriternal laws of
AM
Claims for $10,000, or more, If the relief sou fit by the statewhere the Property is located,
eitl iier Party is for $10,000 or rnorcs, all fees and cost,,s 7. Miscellaneous.
(a) L�LnijabQULqf ft
(including filing fees, adi-ninistration and arbitrator _]Jqb_ ty,, You understand that:
fees, aH attorneys' fees, travel experises, and other We are not arr insureir of Your Property, persoinall
costs of the arbitrafion) shall be bome by You and Us property, or personal safety of persons m or, on Your
in accordarwe with the JAMS Rules, JAMS,Policy on Property,,- (kYou are solely rr(?�;Pons6le for providng
Consumer Arbitrations PW'Want to Pre Dispute any ilnsurance with respect tO Your PrOpffty and its
Clauses Mnirnurn Standards of Procedural F4rness, contents; (i6) the arTIOUrrt You pay to Us is based only
and applicable law. The arbitration shall be conducted on tied value cif the Energy produced by the System and
at a mutually agreeable locatfon near Your Property, not on the value of Your Property or its contents;
Regardless of the rnanner in which the arbitratton is (rv) the Systern may, not always operate properly for
conducted, the arbitrator shall issue a reasoned, variouis reasons; (v) it is difficult to deterr-nine in
written decision sufficient to explain the essential advanze the value of the components of the System,
findings and conclusions on which the award is based that might be lost or destroyed if the Systern fails to
arld judgment on an arbrtratlon award may be entered operate property, and (vi) it is difficult to determine in
in any COUrt of competent �urrsdiction, Nothin,g lir, advance what portion, if any, of any property loss,
this L3E-ction6jJ personal injury,or death would be proximately caused
shall preclude You or We from seekmg by Cur failure to perform, Cour negligence, or a farkire
provisional remedles in aid of arbitration frorn a court of the System, or the Systern rnstaflatrcin,
of competent juhs&ction, NOTWIT11STAN DING ANY BREACH OF THIS
NOTICE: BY INITIALING IN TFIE SPACE BELOW, YOU AGREEMENT, ANY FAILURE OF IE SYS11M, OR, ANY
ARE AGREEING TO HAVE ANY DISPU1 E A110NG OUT NEGUGENT ACT' `[14AT CAUSED ANY JNJURY OR LOSS
0P= TI IE MATTERS INCLUDED IN ''THE "ARBITRATION OF (WHETHER PROPERrY DAMAGE, PERSONAL INJURY,
DISPUTES" PROVISION DECIDED BY MND�NG NEUTRAL OR DEA"�r�4) 'TO ANYONE, TO T11E FULLEST EXTINT
ARBITRAFION AS PROVJI)ED BY T[IE FEDERAL PERMITTED BY APPLICABLE LAW, WE AND YOU AGREE
ARBITRATION AC"T AND 0111ER APPLiCABLE LAW AND 'Y
YOU ARE GIVING'UP ANY RIGHTS YOU INMGHTPOSSESS THAT, UNLESS SUCH INJURY OR LOSS WAS CAUSED B
ro l IAVE TFIE DISMYTE L111GATE.L) IN A COURT OR JURY A PARTY*S GROSS NEGLIGENCE, fRAUD, VIOLAI]ONS
TRIAL, BY INI'HAUNG IN THE SPACE BELOW, YOU ARE OF LAW, OR 01-LFUL INJURY, SUCI-4 PARTY'S LIABILITY
GiVINCi U I)YOJ,.)R A.00AL RiGI if'sm DiSC'OVERY ANr,,,,
'I AR&NG Or,ff OF OR RELATING DO rirflS AGREEMENT
APPEAL, UNLESS TI 10SE M0 ITS ARE SPE(41CALLY S�4ALL IN NO EVENI" EXCEED Tl,,,1E RAYMEN'U
INCLUDED IN 11,4E "ARBITRA'110f4 Of. DISPLITES" YOt) AND WE A(3REE THAT 1+41S AMOUNT IS A [AiR
PROVISION IF YOLJ REFUSETO SUBMIT '10 REPRESENTAI'10N OF I 1iEDAMA(,iEST'I-IAI' YO) ,)(,)RWE
ARBITRATION Af:11 :Gf" EONG 10 1+0S PROVISION, EXPECTTO INCUR BN THE CAS" OF ANY INK)RY OR LOSS
YOU MAY BE COMPELIXI) "k".) ARMTRME L)NDER 1HE F4ERF UNOJER
f,'-'ED(':',RAL ARBITRA'00N A(T AND OTI-4ER APPLICIABIX TO '[HE FULLEST (,'XTENT f1(,`,RMFf-f'ED BY APPLiCABLE
LAW, NO CLAIM SVIALL BE MADE BY YOU A(iAINS I' LIS
LAW, Y0L)R AGRLEMENT ItO 11,16 ARBITRATION OR ANY OF OLJR Af,+ILIATES, DMECTORS, EMPLOY(i.d."S,
PROVISION IS V0L(JN'1AlW. Y(I)L) HAVE REM,) ANC) AGENI"S, OR wwrRACTORS FOR ANY SPECIAL,
UNDERS"TAM) THE f"OREGOiNG AND AGI-iEE TO EXEMPLARY, I N D�RINIDENTAL,
S013MIT DISPUTES ARISING OW Of 144E MAT11.,R15 CONSEQUENTIAL, OR PUNI IIVE DAMA(.;ES(C�,;
WFIETHER
INCLUDED IN THE "ARBITRA'HON Or DISPL)TES" OR N01' TflE CLA00 I"FICREFORE IS BAS(.`.D ON
PROVISION TO NEUTRALARMTRA,rION ("ONTRACT, TORT, D01"Y IMPOSED BY LAW, OR
OTVIERW6E), IN CONNECTION WITti,MUSING OLVI OF, constitute the entire, agreernent [)etwerrrj Yi:rur and kJun
OR IN ANY WAY RELATIE() TO fHE IRANSACT]ONS arid all phoir oral and writtern riegotratmrrs,
CON'IEIOPLATEDBY "I'l,i9SAG(IEENIENI"ORANYA('T'OR disc ussioris and corr(mporOenc(,,n
OMISSION OR 1",VENT OCC1,JRRING IN 0"A1111NECT10N pealwning to, thesubject rnatter hereof,
Our Transfer, We may assign, seh, or
TH L R E W ITH, YOLJ HEREBY WAIVE, RELEASE, AND if
AGREE N0T'TO SUE UPON ANY SUCH CLAIM FOR ANY transfer (irr whole or In part) this Agreement, the
SUC11 DAMAGES, WHETHER OR NOT AC(,RL1ED AND Systern, or, the Systern Interests without Your consent
WI,4�11`11E.R OR NOT KNOWN OR SUSPECTED TO EXIST and WlthMn Cll)trCe, if SUCh assignee agrees in writing
IN Y0IJR FAW)IR, YOU FURTHER AGREE THAI' NO to asriurne aH Of OUr rights and obligations under this
CLAIM, LAWSUIT, OR ANY OTHER LEGAL OR Agreement, We wH1 have no further liability or
ARBITRATION PROCEEDiNG IN CONNECflON WfTH, obfigactio n under the Agreernerit upon the
ARISING OUT OF, OR IN ANY WAY RELATED 'TO THIS effectweness of such assignrnent,
AGREEMENT MAY BE BROUG111', COMMENCED OR W kindiR&,_,LffiqLt. This Agreernerit shah be
FILED MORE T11AN ONE (1) YEAR AFTER"I"HE INCIDENT buindung upon and inure to the beneht of Yoga arid Us
GIVING MSE 'TO SUCH CLAIM, YOU ACKNOWLEDGE and Our and Your respective heirs, lepal
1"HAT WE ARE RELYING ON THIS SECTION 7(a) AS A representatives, successors, and perrnitted assigns.
CONDITION AND MATERIAL MDUC"EMENT TO ENTER Except as otherwise expressly proOded in this
INTO "I AGREEMENT, Agreement, or by operation of law, neither this
(b) Lndernnrftcatiorq. To the fullest extent Agreement nor any of the hghts, interests, or,
permitted by applicable law, You hereby agree to obligations hereunder may be assirgned by You without
indemnify, -advance expenses, and hofd han-riless Us Our prior written consent. Any assignment by You
arid OUr affiliates, directors, employees, agents, witholut Ouir phorwritten consent shall be void.
contractors, and Our successors and assigns (each, a (h) Notice, Ail notices, requests, demands, and
"Co wredPersoff) from any and all third party daurris, other communications reqLkred or permitted to be
actions, costs, expenses (including reasonable given under this Agreement shall be in writing
attorneys' fees arid expenses), daMages, habdities, delivered to the applicable Party at the address set
penalties, losses, obligations, injUries, demands, and forth in this Agreement or to such other address as any
liens of any kind or nature in connection with, ansing Party may designate from time to tinie by written
out of, or in any way related to (I) Your breach of this notice to the other Party,
Agreement, or (ii) Your neghgence or wfllftA ('i) -S--u11r-v-!.y,1.a-L After termination or expiration of
n-risconduct; provided that Your irrderrinificatron ttus Agreement, any provisi*iris wh0) by their nature
obligations under this5&LL1,LcLiL4Ltjj shall riot apply if the are intended to survive such termination or
harm or, damage that is the basis for such thud party canceRatiorr shall survive, including (without
Bairn OCCUrre(i while orae of OUr eirnployees or agents 4ryutation)5gctio[LiZib ,1 4L L Aja W,, 015,6, and and
1
was at Your Property and such harrn or darnage was E�LiLbq-.i,A and B attached hereto.
caused by the gross neghgence, vialation of law, or G) g to,§!,4tyIf any proviswri of this
wifful rnrscorndrjct of st.tch ernployee or agent. Agreenrent iis Vidd to be irwalid, prohibiteiJ, or
(c) Sub ation, You agree to release rrV otkwerwtse unentorceabie by an arbitrator or court c)f
Covered Persons frorn any clairns of ariy parties skiiing competerA junsdictmn, thus Agreement shaH be
through Your authority or m. Your narne, such as Your considered dmsible and such provision shall be
i1T,AJri,,JVKV COITnIc,'Wly, i1nd You at"pee to defewl IIJ's, d o,,,?e r T i e d i n o p r a t B v e to t I i e e x t e r i t it i,,,,(] e i n(,,,!d i r)v a I I d,
agwrist any !AX111 clairr, Y0iJ AGREE TO NOTIFY YOLM or, unerifw,Te�,ible, and an ak otlif,,!r resp(,uAs
INSk IRANCE COMPANY OF 141IS RE LEASE, thiis rJufll rerriain in firk forc(,o anrl effi,!ct;
(d)
qqdrrqmts and Waivers, Tf'its prowded, however, tl,„hat if any sr ich provsk)rr aray b(,-,,,
Aggre(.,,rrient ropy only be arrient,,Jed or rviodrh(,,?d by an friade er�torceabie by krrnitaoon thereof, 0"reri su(.h
instrurnerit in writing sir
,ned by both You and r.ls provu,Acm shall be deerned to be,so kri"JuM and shall ben
(e) (';'Ljtirr glm ctrrwTtryt. This Agreement, the enforceable to the fflaXifflUrn extent permitted by
0,istorrier. Packet, the Work Order, and any other apphcable 9aw
agreernents or, docurnents incorporated herewah,
(k) I['Os Ap
reern(,'mt rnay I:te fc'),rever reteast,�LA fr")r any Disptjte relating to(',rr artsir%
exect,ited m one or more (,:w,mterparts, ar&(I 0 such OLA, Of thS 5(U3K)rI-Y
... ...........
shak be deefflc,�d to consfiturte orle (rn)
In (c>nnection with 0're
instrurnerit, Afour,madrmrfhr. or port.Ne docurnent fc)rrmit execut*rt of this Agreen"tent i.,md at, arty One dtoing
("pdf") 51"011 C01IStitUte an original for purposes twreof. the Terrn, You hereby as Uthonze Us to (i) obtain Your
Lgj0j&qy Yor,i hereby autttonze Us to use credit rating and report frorn ct'edit reporting ag.el w0s;
Ymir and Your Property's vok,-e, pN)tograph, wdeo, (6) to report Your payment perfonivance under this
an(I Wen ss in prit"a rrie&a, raft, television, e mail, Agreerner"A to credit reporting agencies,, and
social inedia, web materials, arid any audio or wdeo (mO)disclose this arwd other ir"O:onimtton to Our affiliates
recording; provided that We agree that We MI not and artUal Or prospectwe lenders, financing parbes,
disclose any of Your pers,onally id enfify�ng infonration Mestors, msurers, and acquirers,
(except as provided in Section You waive and [SIGN AT LIRE PAGE FOLLOWS'f
A� Il(~f Of, DO( t„ MEETS TO BE i (I'ORPOR N ED uN"Ir() entitled to a conwpletely filled In copy of this
TT1L CONTRACT, Agreement, signed by both You arid Us, before any
L Residential Solar Power Put"chase Agreement, work may be started.
it, Exhailait A- Notice of(_Arrr:ellation, FYOU A CANCEL THIS`TRANSACTION xr ANYnME
di. Exhibit B ... State Notices and Disclosures, REF : TRE LKr : (I) MIDNIGHT OFTHE THIRD
iv. C:custonter Packet, and (TRIS) BUSINESS DAY AFTER VETE TRANSACTION DATE,
v. WorkOrdrsr(s), OR(ll(THE ST"ARTCFINSTALLATION OFTHE SYSTEM CTR
These documents are, expressly rrrcorPr,:urated into tN°u s ANY OTHERWORK DONE BY VIVI " SOLA t DEVELOPER,
ARreerrrent and appy to the rela6onshil:u between You LLCON CTN YOUR PROPERTY. IF YOU WISH TO CT'ANCELT°HIS
and Us. CONTRACT, YOU MUST EITHER: (T.) SEND A SIGNED
B. I"T lS NOT T LEGAL FOR USTO ENTER YOUR PREMISES AND DATED WRITTEN NOTICE OF CANCELLATION BY
UNLAWFULLY OR CCr1I"v1I"wTl.T ANY BREACt,1 OF THE REGISTERED LIR CERTIFIED MAIL, RETURN RECEIPT
PLACE TO REMOVE GOODS INSTALLED UNDER THIS REQUESTED; OR ( PERSONALLY DELIVER A SIGNED
AGREEMENT. AND DATED WRIT"T"EN NOTICE OF CANCELLATIONTO:
C, DO NOT SIGN THIS AGREEMENT' BEFORE YOU VIVINT SOLAR DEVELOPER, LLC,3301NTHANKSGIVING
[1AVE READ ALL OF ITS PAGES. You acknowledge that WAY, SUITE 500, LEM, LIT 84043, ATTN: PROCESSING
You have read and received a legible copy of this DEPARTMENT.LENT. SEE. TETE ATTACHED NOTICE OF
Agreement, that We have signed the Agreement, and CANCELLATION FOR AN EXPLANATION OF THIS RIGHT.
that You have read and received a legitile copy of every _ E LAW REQUIRES THAT THE CONTRACTOR GIVE YOU
doccurnent that We have signed during the A NOTICE EXPLAINING YOUR RIGHT TO CANCEL. DO
negotiation. NOT SIGN BELOW UNLESS THE CONTRACTOR HAS
D. YOU RISK "ffiE LOSS OF ANY PAYMENTS MADE TO GfVEN YOU A 'NOTICE OF THE THREE-DAY RIGHT TO
A SALES REPRESENTAT]VE. CANCEL'
E. DO N01' SIGN TI•IIS AGREEMENT IF TFiiS CE, You have the right to require r.us to have a
AGREEMENT CONTAINS ANY BLANK 'SPACES. You are Tuerfofmance and payment board..
VIVINT SOLAR DEVELOPER, LLC CUSTOMER(SI:
Tadd Hildebrand Howard Brown
P�r��rat�^�' s�rr�re:�: pferured Nm
111846
S«�it�spt��e st°arr dr,d�r.:
Federal Erriployer ID No.: 80.075(5438 State and Local License Nos.: AZ, RCIC;„2886 ' „ CAS C46u°0,0973756;
COl ECW 01Glt'1 00; (:i l` I0C;;.Ct63T:82, LI.C;C;11I1N1635 1.1,, DE i"1 C.00(°i1;).1S; IL EC°1.iTC1C16i 401, Fl C113,0-33444;
LA EC,59753; M& HiC 110848, EC13141A, MD MC-1303851 N,l' IIIC-13W,4(l65EI"1:1C;1(.t, EC,,34130110850Q
NIv1� EE98 38522 3, NVEC 00801.7Q, NY; Naa:s&i Co 1,424 9141C((iN, P utr°arn ("o. PC.691,4, Rockland Co.
1+1197240,0(1-00, Suffolk Co, 5120841, 49592,ME, Westchester Co 26664 4-1K OR: CCBA96558,58, BCD CLR 8,
PA: 1flC;.(:)B9l1'i0, UTS200/S202 8694(NC)3„E501.; WasNngtorw ENC I,.flC 420E13(X)0052, EC.!'i'.90:1277
t"Mi(F
(C'usforner copy)
Troosoction C ote 12/07/2015 Serve o-. 4721133
YOU MAY CANCELTHIS TRANWSAETTON ,wrrHOUTANY PENALTY OR OBLIGATION,WITHIN TT-TREE( )BUSINESS DAYS
OF TI,IE ABOVE LTA`TTT, OR (IF LATER) UNTIL, THE START Of lKS"TALLATION OF THE SYSTEM OR ANY OTHER HER 'WhP'OR
DONE BY VNVNNT SOLAR DEVELOPER, LiC ON YOUR RROPEM. IF YOU CANCEL, ANY PROPERTY ERTY TRADED IN, ANY
PAYMENTS MADE BY YOU UNaNNTERTHE C 01 TRACT"OR SALE,ANDAW NEGOTIABLE INSTRUMENT EXECUTED BYYOU
WILL BE RETURNED WITHIN TEN(TIT)BUSINESS DAYS FOLLOWING REEEIF T RYTHE SELLER OFYOUR CANCELLATION
NOTICE,TICTE, ANOINT ANY SECURITY INTEREST"ARISING OUT Of THE TRANSACTION"W IL R CANCELLED.LED. N YOU CANCEL,
YOU MUST MAKE AVAILABLE TO THE SELLER AT'YOUR RESTECENNB E,, IN SUBSTANTIALLY T TALLY a GOOD CONDITION ION+d
WHEN RECEIVED,AW GOODS DELIVERED TO YOU UNDER THIS CONTRAC7 OR SALE, OR YOU MAY, NE YOU WISH,
COMPLY WITH THE INSTRUCTIONS OF THE SELLER REGARDING NN G T'HRETURN NMN ' EN T" OF THE GOODS AT THE
SELLER'S EXPENSE AND RISK. IF YOU DO MAKE THE GOODS AVAILABLE TO THE SELLER AND TIME SELLER DOES NOT
PICK THEM UR WITHIN TWENTY( CT)DAYS OFT HE DATE Of YOUR N OT°NOE OF CANCELLATION,YOU MAY RETAIN OR
DISPOSE OF THE GOODS lT+iOU"N ANY FURTHER OBLIGATION.. N YOU FAILTO MAKE THE GOODS AVAILABLE TO
THE SELLER, OR IF YOU AGREETO R RN'TTHE GOODS TO THE SELLER AND FAIL TO NCO Sal, THEN N YOU REMAIN
UABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT. TO CANCEL THIS TRANSACTION, MAIL
OR DELIVER A SIGNED AND DATED COPY OF THS CANCELLATION NOTICE OR ANY OTHER WRITTEN NO-flCE, OR
SEND AT"ELEORAM,TO IVIN "SOLAR DEVELOPER,11C,AT 3301 N'THANKSGIVING WAY,SUNTE 500,LEHI,UT 84043,
ATTN; PROCESSING DEPARTMENT PRIOR TOTHE LATER Of: (1)MIDNIGHT OF THE THIRD(3rd)BUSINESS DAYAFTER
THE TRANSACTION DATE, OR (NN) THE START" CTE INSTALLATION CSE THE SYSTEM OR ANY OTHER WORK DONNE BY
VNVNNdT SOLAR DEVELOPER, LLC ON YOUR PROPERTY.
I HEREBY CANCELTHISTRANW CNION DATED:
Customer's Signaturp.,
( imC Sc)io C c'pj,' )
froost',.xtion Owe: 12/07/2015 �� � �����N� .a 4721133
YOU MAY CANCEL °°IIS TRANSACTION,WI-TROUT ANY PENALTY OR OBLIGNTION,WITHIN THREE,( )BUSINESS DAYS
OF THE ABOVE DATE, OR (IF LATER) UNTIL TTIE START OF WsmtiAnON OF THE SYSTEM OR ANY (YrHER WORK
DONE BY VIVINT SOLAR DEVELOPER, IJ.0 ON YOUR PROPERTY.. IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY
PAYMENT'S MADE BY YOU UNDER ITE CONTRACT OR SALE, U ANY NEGOTIABLE INSTRUMENT EXECUrED BY YOU
WILL RE RETURNED WITHIN TEN(LCA) BUSINESS DAYS FOLLOWING INC RECEIPT BY THE SELLER OF YOUR CANCELLATION
NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED. IE YOU CANCEL,
YOU MUST MAKE,E AVARA.RLE TO THE SELLER A.I YOUR RESIDENCE, IN SUBSTANTIALLY AS GOOD CONDITION AS
WHEN RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR SALE., OR YOU MAY, IF YOU WISH,
COMPLY WITH THE INSTRUCTIONS OF THE SELLER REGARDING THE RETURN SLAP ENT OI= THE GOODS AT '17HE
SELLER'S EXPENSE AND RISK,, IF YOU DO MAKF THE GOODS AVAILABLE TO THE SELLER AND THE SELLER DOES NOT
PICK THEM UP WITHIN TWENTY( O)DAYS OF THE DATE OF YOUR NOTICE OF CANCELLATION,YOU MAY RETAIN OR
DISPOSE OFTHE GOODS WITHOUT ANY FURTHER ORI.,IOATI N. IF YOU FAIL TO MAKE THE GOODS AVAILABLE TO
THE SELLER, OR IF YOU AGREE TO RETURN THE GOODS TO THE SELLER AND FAIL TO DO SO,THEN YOU REMAIN
LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNOER'TI E CON F. TO CANCEL THIS TRANSACTION, MAIL
OR DELIVER A SIGNED AND DATED COPY OF TRIS CANCEU.ATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR
SEND ATELEC RAM,TOVIVINTSOLAR,DEVELOPER, LLC,AT 3301 NTHANKSG WINGWAY,SUITE 500, LEHI,UT 3,
ATTN: PROCESSING DEPART' ENT PRIOR TO THE LATERO : (I)MIDNIGHT OF THETHIRD(3rd)BUSINEDAY AFTER
THE TRANSACTION DATE, OR (II) THE START" OF INSTALLA TON OF THE SYSTEM OR ANY OTHER WORK DONE BY
VIVINT"SOLAR DEVELOPER, LLC OWN YOUR PROPERTY.
I HEREBY CANCEL THIS TRANSA ON DATED:
E"'t't , 5
OB rAINING PERMITS, We obtairi rrll necessary pernurtiu fr�r 0 rir stali tion and of. the Sy�,A rry
Iinrruwsown rs hr°) secure their own permits its shak be excludedfrrawra the state guaranty funds,
B. OUR LICENSES. HOME IMPROVEMENT CON'TRACIORS ARE REQUIRED ,1,.0 BE R ' MESTERE ) WITH THE
DIRE("TTOR OF T[* I'` `SAC11 .JST"I OFFdf.:f OI NSUMER AFFAIRSAND BUSINESS REGUI.AT„If;N, FOR
iNf t;"RM T IC°TN ABOUT CONTRACT'OR TTLTCTIS,f AT"ON pLQUI L TL NT , CON°'TAC:T °TI-1E MA; S, t';lhUSETT' C;AFI ;L
C:)FT' CONSUMER Af-FAIRS AND BUSMESS BUSINESSREGULATION, "TEN PARK PLAZA, SUITE 5170, BOSTON, 02116,
617.9718 700 R 888 283.375T
C. Ff" A«'TION. Notwithstandaig anythingto the crsntr ry rr°u the Agreement, the contractor and hrerrn crwner
hereby u"nr)t:u aily agree in advance that in tf.iu event that the contractor ctor has dispute concerning this contract,
the contractor may submit such diSpUte to a private arbitratton service which has been approved by the Off:ice of
Consurnor Affairs and Business Regulation and the consurn r sha�li be requlr d to submit to such arbitration s
provided in M.G.L. c. 9.42A. NOTICE: The su, n tur s of the parties b iowv appiy early to the dispute resolution
initiated by the contractors, The owner r "y inAiate akernativedispute r soiution even where this section is not
separately signed.
V'IVINT'SOLAR DIFL TF i T.T CUSTOMER(S):
13y° _m_._._.�. ._. _.._.__.._..._ _...__._. a
Printed Name. Tadd Hildebrand Pnrf.� Mme Howard Brown
Eco9il)riii..irn&.:flay'
Customer Info
Name: 4721133
Email:
Phone:
Project Info
Identifier: 59128
Street Address Line 1: 157 Berkeley Road
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
�
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Plane Calculations (ASCE 7~10): 2 �
Roof Shape: Gable Edge and Corner Dimension: 3.8U
Roof Type: Composition Shingle Stagger Attachments: Yes
Average Roof Height: 15.Oft Include Snow Guards: No �
Least Horizontal Dimension: 36.Oft �
Roof Slope: 32.Odeg �
Truss Spacing: 16.0 in
Snow Load Calculations �
Description Interior Edge Corner Unit
Flat Roof Snow Load 42.0 42.0 42.0 psf
Slope Factor 0.7 0.7 0.7
Roof Snow Load 3.4 29.4 psf
Wind Pressure Calculations
Description Interior Edge Corner Unit
Net Design Wind Pressure Uplift -20.7 -24.3 -24.3 psf
Net Design Wind Pressure Downforce 19.4 19.4 19.4 psf
Adjustment Factor for Height and Exposure Category 1.0 1.0 1.0
Design Wind Pressure Uplift -20.7 -24.3 -24.3 psf
Design Wind Pressure Downforce 19.4 19.4 19.4 psf
ASD Load Combinations
Description Interior Edge Corner Unit
Dead Load 2.6 2.6 2.6 psf
Snow Load 29.4 29.4 29.4 psf
Downslope: Load Combination 3 14.6 14.6 14.6 psf
Down: Load Combination 3 23.3 23.3 23.3 psf
Down:Load Combination 5 13.8 13.8 13.8 psf
Down: Load Combination 6a 26.8 26.8 26.8 psf
Up: Load Combination 7 -11.1 -13.3 -13.3 psf
Down Max 26.8 1 26.8 26.8 psf
Spacing Results(Lmndauopa)
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Ecol briURA13da[ |
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Layout
Skirt Note: if the total width ofacontinuous array exceeds 35ft, break array toallow for thermal
Coupling expansion and contraction. See Installation Guide for details.
0 Clamp Warning: PVModules may need tmbashifted with respect horoof trusses hucomply with
Bonding Jumper maximum allowable overhang.
Ecoli ri in,i Sdar,
Roof Weights
In Conformance with Solar ABC's Expedited Permit Process
Module Quantity: 18
Weight of Modules: 774 lbs
Weight of Mounting System: 152 lbs
Total Plane Weight: 926 lbs
Total Plane Array Area: 301 ft2
Distributed Weight: 3.08 psf
Number of Attachments: 76
Weight per Attachment Point: 12 lbs
i
E(;ohbriuln Sdar
Plane Calculations (ASCE 7-10): 1
Roof Shape: Gable Edge and Corner Dimension: 3.6 ft
Roof Type: Composition Shingle Stagger Attachments: Yes
Average Roof Height: 25.0 ft Include Snow Guards: No
Least Horizontal Dimension: 36.0 ft
Roof Slope: 32.0 deg
Truss Spacing: 16.0 in
Snow Load Calculations
Description Interior Edge Corner Unit
Flat Roof Snow Load 42.0 42.0 42.0 psf
Slope Factor 0.7 0.7 0.7
Roof Snow Load 29.4 29.4 29.4 psf
Wind Pressure Calculations
Description Interior Edge Corner Unit
Net Design Wind Pressure Uplift -20.7 -24.3 -24.3 psf
Net Design Wind Pressure Downforce 19.4 19.4 19.4 psf
Adjustment Factor for Height and Exposure Category 1.0 1.0 1.0
Design Wind Pressure Uplift -20.7 -24.3 -24.3 psf
Design Wind Pressure Downforce 1 19.4 19.4 19.4 psf
ASD Load Combinations
Description Interior Edge Corner Unit
Dead Load 2.6 2.6 2.6 psf
Snow Load 29.4 29.4 29.4 psf
Downslope: Load Combination 3 14.6 14.6 14.6 psf
Down: Load Combination 3 23.3 23.3 23.3 psf
Down: Load Combination 5 13.8 13.8 13.8 psf
Down: Load Combination 6a 26.8 26.8 26.8 psf
Up: Load Combination 7 -11.1 -13.3 -13.3 psf
Down Max 26.8 26.8 268 psf
Spacing Results(Landscape)
Description Interior Edge Corner Unit
Max Allowable Spacing Between Attachments 65.2 65.2 65.2 in
Max Spacing Between Attachments With Rafter/Truss Spacing of 16.0 in 64.0 64.0 64.0 in
Max Cantilever from Attachment to Perimeter of PV Array 21.7 21.7 21.7 in
Spacing Results(Portrait)
Description Interior Edge Corner Unit
Max Allowable Spacing Between Attachments 43.7 43.7 43.7 in
Max Spacing Between Attachments With Rafter/Truss Spacing of 16.0 in 32.0 32.0 32.0 in
Max Cantilever from Attachment to Perimeter of PV Array 14.6 14.6 14.6 in
�
Eco\il'.)rUrn Sdar
�
LayoutSkirt �
Note: If the total width of continuous array exceeds 35 ft, break array to allow for thermal
Coupling expansion and contraction. See Installation Guide for details.
0 Clamp Warning: PV Modules may need to be shifted with respect to roof trusses to comply with
# Bonding Jumper maximum allowable overhang.
F (:;o9ibrk.m)&:.fia r
Roof Weights
In Conformance with Solar ABC's Expedited Permit Process
Module Quantity: 30
Weight of Modules: 1290 lbs
Weight of Mounting System: 152 lbs
Total Plane Weight: 1442 lbs
Total Plane Array Area: 501 ft2
Distributed Weight: 2.88 psf
Number of Attachments: 76
Weight per Attachment Point: 19 lbs
i
Ec libr°UrnSo a,
Bill Of Materials
Part Name Quantity
ECO-001_101 EcoX Clamp Assembly 76
ECO-001_102 EcoX Coupling Assembly 46
ECO-001_105B EcoX Landscape Skirt Kit 10
ECO-001_105A EcoX Portrait Skirt Kit 0
ECO-001_103 EcoX Composition Attachment Kit 76
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) 2
ECO-001_106 EcoX Bonding Jumper Assembly 10
ECO-001_104 EcoX Inverter Bracket Assembly 0
ECO-001_338 EcoX Connector Bracket 0
ECO 001-359 EcoX Lower Support- Low Slope 0
i
i
The Commonwealth of Massachusetts
Department of Industrial Accidents
Office of Investigations
600 Washington Street
Boston, MA 02111
www.mass.gov1dia
Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers
Applicant Information Please Print Le
Name(Business/Organization/individtial):,__V,; V
Address:- -3 -301 0 - WAyr r SOO
V
City/State/Zip: L-eJ7, Phone IZW ( -
Y 6 L( 3-_
Are you an employer?Check the appropriate box: Type of project(required):
1.[�Kl am a employer with V) 4. El I am a general contractor and[ 6. E] New construction
employees(full and/or paVt-time). have hired the sub-contractors
2.❑ 1 am a sole proprietor or partner- listed on the attached sheet, 1 7. E] Remodeling
ship and have no employees These sub-contractors have 8. E] Demolition
working for me in any capacity. workers'comp.insurance. 9. [:] Building addition
[No workers'comp. insurance 5. [1 We are a corporation and its to.[:] Electrical repairs or additions
required-] officers have exercised their
3.❑ 1 am a homeowner doing all work right of exemption per MGL I LQ Plumbing repairs or additions
myself,[No workers'comp. c. 152,§1(4),and we have no 12.E] Roof repairs
insurance required.]t employees.[No workers' 13. Other
_
comp.insurance required.] -Jl s�UK_--- -J
*Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information.
t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such.
tContractors that check this box must attached an additional sheet showing the name of the sub-contractors and their workers'comp.policy information.
II
I am an employer that is providing workers'conspensation insurance for my employees. Below is the policy and job site
information.
Insurance Company Name: A YX C
Policy A or Self-ins, Lic.9: V1,1 ey 6 0 V Expiration Date: 1 7016
............
Job Site Address:—IU
Attach a copy of the workers'compensation poll y declaration page(showing the policy number and expiration date).
Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a
fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine
of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of
Investigations of the DIA for insurance coverage verification.
I do hereby certify tender the pains and penalties ofperjury that the injormadon provided above is true and correct.
,Signature, Date: 1 7-
Pbone#:
Official use only. Do not write in this area,to be completed by city or town official
City or Town: Permit/License
Issuing Authority(circle one):
1.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector
6.Other
Contact Person:— Phone#:—.
DATE(MMIDDIYYYY) '..
.� c"R" CERTIFICATELIABILITY ITY ENSU NCE 10/2912015
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). CONTACT
PRODUCER NAME: '.......
MARSH USA INC. PHONE FAX No
AIC No Ext
122517TH STREET,SUITE 1300 EMAIL
DENVER,CO 80202-5534 ADDRESS:
Attn:Denver.CedRequest@marsh.com Fax:212-948.4381 INSURERS AFFORDING COVERAGE NAIC#INSURER A
Evanston Insurance Company 35378
Zurich American Insurance Company 16535
INSURED INSURER 13: '..
Vivint Solar Developer,LLC INSURER C:American Zurich Insurance Company 40142
3301 North Thanksgiving Way,Suite 500 Scottsdale Insurance Company 41297
Lehi,UT 84043 ��]
INSURER D
INSURER E
COVERAGES CERTIFICATE NUMBER: SEA-002920030-04 REVISION NUMBER:2
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ADOL SUER POLICY EFF POLICY EXP LIMITS
ILTR TYPE OF INSURANCE POLICY NUMBER MMIDD MMIDD
15PKGWE00274 11/01/2015 0112912016 EACH OCCURRENCE $ 1,000,000
A X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 50,000
CLAIMS-MADE M OCCUR PREMISES Ea o $
MED EXP(Any onene pens personn) $ 5,000
X SIR:$100,0001,000,000
_...PERSONAL&ADV INJURY $ _.
GENERAL AGGREGATE $ 5000000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000
RO-
POLICY�j CT LOC $
OTHER: 11/0112015 1110112016 COMBINED SINGLE LIMIT $ 1,000,000
B AUTOMOBILE LIABILITY BAP509601501 Ea accident
BODILY INJURY(Per person) $
X ANY AUTO
ALL OWNED - - SCHEDULED BODILY INJURY(Per accident) $
AUTOS AUTOS PROPERTY DAMAGE $
NON-OWNED Per accident
X HIRED AUTOS X AUTOS Comp/Coll Ded $ 1,000
VES0002110 1110112015 0112912016 EACH OCCURRENCE $ 5,000,000
D UMBRELLA LIAB X OCCUR AGGREGATE $ S,000,OOD
X EXCESS LIAB CLAIMS-MADE
OED RETENTION It PERWC509601301 1110112015 1110112016 X STATUTE FIR C WORKERS COMPENSATION 1,000,000
AND EMPLOYERS'LIABILITY Y/N AZ,CA,CT,HI,MD,NJ,NY,NV,NM, E.L.EACH ACCIDENT $
ANY PROPRIETOR/PARTNER/EXECUTIVE FN-] N/A 1,000,000
OFFICERIMEMBER EXCLUDED? OR,PA,UT E.L.DISEASE-EA EMPLOYE $
(Mandatory in NH) 1110112015 1110112016 1,000,000
B if yes describe under WC509601401(MA) E.L.DISEASE-POLICY LIMIT $
DESCRIPTION OF OPERATIONS below 0112912016 LIMIT 1,000,000
A Errors&Omissions& 15PKGWE00274 11/0112015
SIR 100,000
Contractors Pollution
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required)
CERTIFICATE HOLDER CANCELLATION
Town of North Andover SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
16000sgoodSi. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Building 20 Suite 2035 ACCORDANCE WITH THE POLICY PROVISIONS.
North Andover,MA 01845
AUTHORIZED REPRESENTATIVE
of Marsh USA Inc.
Kathleen M.Parsloe � ,C(�r x m• �1�
@ 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD
Massachusetts - Department of Public Safety
Board of BuOding Regulations and Stan ands
Lwense CS-108068
KYLE GREENE
44 MAIN STREET
North Reading KA
Expiration
Conwnssiontn' 01/2012018
?
Office of Consumer Affairsend Business Regulation
10 Park Plaza - Suite 5170
Boston, Massachusetts 02116
Home Improvement Contractor Registration
Registration: 170848
Type: Supplement Card
Expiration: 1/5/2016
VIVINT SOLAR DEVELOPER LLC.
KYLE GREENS
3301 N THANKSGIVING WAY SUITS-546
LEHI, UT 84043 ..........
Update Address and return card.Mark reason for change.
.car 0 20M-0511t Address [] Renewal [-] Employment E] Lost Card