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Building Permit # 12/14/2015
OF BUILDING PERMIT ,�T�e NORrN o ib'�'Y TOWN OF NORTH ANDOVERo� y� t ,6 � APPLICATION FOR PLAN EXAMINATION `- A mb '1 Permit No#: Date Received �gss•ac►+�s���5 Date Issued: '� IMPORTANT: Applicant must complete all items on this page �. "f�1rr- "�✓ z J, .� / s -."' ? r ,�f rt e f J r,rlx xly{��e /� Y,�r r!¢r �r✓ r y / �r,�K�fE.. .p, r'Kr�vll•'',� ;x'rr c r '�' � �� rJe f 3 r„c. F` f .:r7''r M✓'",:k r'r ,,r". r!?r;r r� r<r l�`r}~* �` i r..,:.ftp' x g:, � �..r ✓. �,f/ �, ..j f � ar r�,r f S "J / fl'�`,f� rr rfzrx r r ✓/ `�1 �''- �,�.r. u ..��v��. .. YF/.: :.I 1 t,: r F ,. ., `fr,. ,r �Fs G r-7' R� r C:.'J rs rzl� r .; � r /,r rr t<{JIC 4 fir jt:•"3 r .?i. ': rr ,.. .•.r `% ;%- rrf/r.,fir, r,rlr � rrfa n`r'Jr e��naa r�Z k��l�'rr/rt�f r x,��rr�.fr`rl,=�'�",YSo^�rr�fn'#1�?,r:7,�;s�lrrr,?,�f f;��f"f°rr,�.P�zrllrr;��,f.��.rr��� ,EI'� xY c �' ""',. 4�fiI : ,;;,:, �1 'rr ,r'� / l f'; F f-:. � r71'I Pr✓�.+r`':Y��!f Yf/ f r %� 1 =rr Y ,.r ,., r ��' f.�. :.a ski r :cart / r': �, r,_ � I � ,, r r ;! ��.' / .c r6r�, rxrr.�> �f r✓f I,. rrrk/: � � rfr� `iX.. y.r �``.. � sfrr,,;� t r�J".s,.r<..::rk�f/1'r..�' .a -..: x a/ .d r-. ^,;r•u�.r`,! ,r..;.Y vq.f _ fi r.f e. j..... f ,.rrtr/ / r' 11„'Yf ,,:f ,sr,:"- �`r�,.„}� t rf r d <f- r a'rY r,b, �/ r,,..a✓rr=fri rmx':e'xt`,�;arzr.rr;fu.;:z. .s ��.�' fJ Jil �r rft ..�v,,p`J,Yt.,. rf Jr r.". :{ r �� r / I� � achlne Shop Vtlla TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential mew Building DC7 ne-family ❑Addition ❑Two or more family ❑ Industrial ❑Alteration No. of units: ❑ Commercial ❑ Repair, replacement ❑Assessory Bldg ❑ Others: ❑ Demolition ❑ Other r ❑Se�ticr ❑Well ❑ Floodplain ❑Wetlands a sh ❑ W ter ed Distract n / I b 1 f r t ✓' t I fi j DESCRIPTION OF WORK TO BE PERFORMED: Jdeific tion- Plea e r Pr rat Clearly OWNER: Name: Phone: Address: r / r Contractor Name x � ne � ✓ rr i fart f✓fr rc " '' / ✓ r�{ / / r r r / �r c r r ..�{r :✓rs � '" ✓ sr r -'r f p/ [f >,�,c rcr'.. rc —w,. r t t. r r r ✓Fcr ' x,:n r a rt r r I / ;<,' r % r ,:. ,,,: rr7fr.rf f': �frf P/;rr�f I r�s.�?r cW., ,r::r F J rr 9 .! «,X tri ..raft::9✓1 �, yru cit. /r r yt1{ r � r ,'r /�l �p'�k.%. ✓ {flr� a�r�"_ { �` I/� 1`�'a rl" fr {r'' r h r,r r' � ,, r r• X i{� r f ry r r 'Home�lmp`rouement Lrcense,r `„ '� '� � E„ ARCHITECT/ENGINEER Phone: Address: Reg. No. FEE SCHEDULE:BULDING PERMIT:$12.00 PER $1000.00 OF THE TOTAL ESTIMATED COST BASED ON$125.00 PER S.F. Total Project Cost: $ ( ` FEE: $ ' 2-- Check No.: Receipt No.: k NOTE: Persons contracting with unregistered contractors do not have access to the guaranty fund Signature of Agent/Owner Signature of contractor NORTH Town off 2 h, nc"'[wover ® a '� .AK. h ver, ass 'QA COC.01 "a-CK �® CRATED S V BOARD OF HEALTH Food/Kitchen P ,E R mmm I Septic System THIS CERTIFIES THAT TNAl BUILDING INSPECTOR ..................................................... ...... ........................................ ................. Foundation has permission to erect.......................... buildings on ..........BONC.0.. ... .. . .. .. ............................ Rough to be occupied as �40.3.Hy. ....... ......................lLt'J Chimney 5A Z. 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 VIOLATION of the Zoning or Building Regulations Voids this Permit. Rough Final MONTHS ELECTRICAL INSPECTOR UNLESS TQN S RTS Rough Service ........................... ................................................... Final BUILDING INSPECTOR GAS INSPECTOR Occupancy Permit Required to Occupy BuRough Display in aonsicuous Place on the Premises — Do Not Remove Final No Lathing in r Dry Wall To Be Done FIRE DEPARTMENT Until Inspected and Approvedthe Building Inspector. Burner Street No. Smoke Det. � � �.���.����u�� �� � �� �� ���� �� � 3301 No�hThamksgh/ingVVa� SU�e500 ���8���|���Uk��0>U�8� Lehi, UT 84043 - Group P: (80f) 234~7050 Scott E. Wyssling, PE Senior Manager ofEngineering scott.wyssling@vivintsolacoom December D7, 2U15 Mr. Dan Rock, Project Manager VivintGoler 33U1North Thanksgiving Way, Suite 50O Lehi, LIT 84O43 Re: Structural Engineering Services Dolan Residence 12 Bacon Street, North Andover[NA G-4727G31 5.72 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 ofthe proposed system. 3. Photovoltaic Rooftop Solar System Permit Submittal identifying design ponannabyrm for the solar system. 4. Photographs of the interior and exterior of the roof system identifying existing structural members and their conditions. Based onthe above information wehave 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 mfResidence: The existing residence is typical wood framing construction with the roof system consisting of the following: ° Roof Section 1: Roof section is composed of 2x8 dimensional lumber at 18" on center with 1x8 collar ties every 32" and o single layer ofroofing. The attic space is unfinished and photos indicate that there was free access to visually inspect the size and condition of the roof members. All wood material utilized for the roof system is assumed to be Spruce-Pine-Fir #2 or better with standard construction components. The existing roofing material consists of composite shingle. Our review of the photos of the exterior roof does not indicate any signs ofsettlement ormisalignment caused by overstressed underlying members. Stability Evaluation: A. Wind Uplift Loading 1. Refer to attached Emz|ibrium Solar calculations sheet fnrAGCE/SE| 7-10 Minimum Design Loads � for Buildings and other Structures, wind speed of 100 mph based on Exposure Category and 23 dogvam roof slopes on the dwelling areas. Ground snow load in 50 PSF for Exposure D. Zone per (ASCE/8B7-10). 2. Total area subject to wind uplift in calculated for the Interior, Edge and Corner Zones of the � dwelling. � "'10F V I 11��� � Page , of B. Loading Criteria 1OPSF = Dead Load (mmfino/framinQ) 50 PSF = Live Load (ground snow load) 3 PSF = Dead Load (solar panels/mounting hardware) Total Dead Load= 13 PSF The above values are within acceptable limits of recognized industry standards for similar structures and in accordance with the 2009 International Residential Code with Massachusetts Amendments. Analysis performed on the existing roof structure utilizing the above loading criteria indicates that the existing members will support the additional panel loading without damage, ifinstalled correctly. � C. Roof Structure Capacity � 1. The photographs provided ofthe attic apnoeondroofraftamuhowthedtheframinghainOond � condition with novisible signs cfdamage caused byprior overstressing. / � D. Solar Pmma/Anchorage � 1. The solar panels shall be mounted in accordance with the most recent "Ecolibrium Solar Installation Manual". which can be found on the Eou|ibrium Solar website (auo|ibriumoo|ar.00m). If during solar � panel inmto||atiun, the roof framing members appear unstable or deflect non-uniform|y, our office should benotified before proceeding with the installation. 2. The solar panels are 11/2'^ thick and mounted 4 |6" off the roof for atotal 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 is2O5 lbs/inch ofpenetration as identified in the Notion Design Standards (NDS) of timber construction specifications for Spruce-Pine-Fir assumed. Based on our evaluation, the pullout value, utilizing a penetration depth of 1/2', is less than the maximum allowable per connection and therefore imadequate. 4. Roof Section 1: Considering the roof slopes, the u|ze, 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 ooroae members and no greater than the panel length when installed parallel to the members /oodne/d. No panel supports spacing shall be greater than four (4) spaces or84" o/c. whichever imless. 5. Panel support connections shall be staggered to distribute load to adjacent members. Based on the above evo|uation, 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 Coda with K4a0000husottn Amendments, current industry standards and pnooUoe, and the information supplied to un at the time of this report. Should you have any questions regarding the above or if you require further information do not hamibsbu to contact rno. V truly yours, � �� wr � IL Scott E. Wyssling, No 507 MALicense No. 5 7 � � ONAL � V i i/i n"" | � � "'I EcohbriLamSoI a r Customer Info Name: Email: Phone: Project Info Identifier: 59821 Street Address Line 1: 12 Bacon Street 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: 22 Array Size (DC watts): 5720.0 Mounting System Manufacturer: Ecolibrium Solar Mounting System Product: EcoX Inverter ManufactureF: SolarEdge Technologies Inverter Model: SE6000A-US (240V) Project Design Variables Module Weight: 43.0 lbs Module Length: 65.0 in Module Width: 37.0 in Basic Wind Speed: 100.0 mph Ground Snow Load: 50.0 psf Seismic: 0.0 Exposure Category: B Importance Factor: 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-lb 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 Ecolibciurn Solar Plane Calcu'itions (ASCE 7-10): 1 Roof Shape: Gable Edge and Corner Dimension: 3.0 ft Roof Type: Composition Shingle Stagger Attachments: Yes Average Roof Height: 25.0 ft Include Snow Guards: No Least Horizontal Dimension: 25.0 ft Roof Slope: 23.0 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 0.86 0.86 0.86 Roof Snow Load 36.1 36.1 36.1 psf Wind Pressure Calculations Description Interior Edge Corner Unit Net Design Wind Pressure Uplift -19.4 -31.9 -47.9 psf Net Design Wind Pressure Downforce 11.4 11.4 11.4 psf Adjustment Factor for Height and Exposure Category 1.0 1.0 1.0 Design Wind Pressure Uplift -19.4 -31.9 -47.9 psf Design Wind Pressure Downforce 16.0 16.0 16.0 psf ASD Load Combinations Description Interior Edge Corner Unit Dead Load 2.6 2.6 2.6 psf Snow Load 36.1 36.1 36.1 psf Downslope: Load Combination 3 14.0 14.0 14.0 psf Down: Load Combination 3 33.0 33.0 33.0 psf Down: Load Combination 5 12.0 12.0 12.0 psf Down: Load Combination 6a 32.5 32.5 32.5 psf Up: Load Combination 7 -10.2 -17.7 -27.3 psf Down Max 33.0 33.0 33.0 psf Spacing Results(Landscape) Description Interior Edge Corner Unit Max Allowable Spacing Between Attachments 58.7 58.7 58.7 in Max Spacing Between Attachments With Rafter/Truss Spacing of 16.0 in 48.0 48.0 48.0 in Max Cantilever from Attachment to Perimeter of PV Array 19.6 19.6 19.6 in Spacing Results(Portrait) Description Interior Edge Corner Unit Max Allowable Spacing Between Attachments 44.3 44.3 44.3 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 14.8 14.8 14.8 in Ec li rii,im Sdar,., Layout ................ Skirt Coupling Note: If the total width of a continuous array exceeds 35 ft, break array to allow for thermal expansion and contraction. See Installation Guide for details. Clamp Warning: PV Modules may need to be shifted with respect to roof trusses to comply with Bonding Jumper maximum allowable overhang. Ecolibrit-imSaler Roof Weights In Conformance with Solar ABC's Expedited Permit Process Module Quantity: 22 Weight of Modules: 946 lbs Weight of Mounting System: 94 lbs Total Plane Weight: 1040 lbs Total Plane Array Area: 367 ft2 Distributed Weight: 2.83 psf Number of Attachments: 47 Weight per Attachment Point: 22 lbs Ecolibriu nStylar Bill Of Materials Part Name Quantity ECO-001_101 EcoX Clamp Assembly 47 ECO-001_102 EcoX Coupling Assembly 21 ECO-001_105B EcoX Landscape Skirt Kit 6 ECO-001-105A EcoX Portrait Skirt Kit 0 ECO-001_103 EcoX Composition Attachment Kit 47 ECO-001_116 EcoX Flat-Tile Flashing 0 ECO-001_117 EcoX S-Tile Flashing 0 ECO-001_118 EcoX W-Tile Flashing 0 ECO-001_363 EcoX Lower Support-Tile 0 ECO-001_109 EcoX Electrical Assembly (optional) 1 ECO-001_106 EcoX Bonding Jumper Assembly 6 ECO-001_104 EcoX Inverter Bracket Assembly 0 ECO-001338 EcoX Connector Bracket 0 ECO_001-359 EcoX Lower Support- Low Slope 0 12 Bacon Street, North Andover MA 01845 0 U 0 V INTERCONNECTION POINT, INVERTER,ANSI METER LOCATION, 5'OF 1"PVC CONDUIT JUNCTION BOX ATTACHED TO N FROM JUNCTION BOX TO ELEC PANEL ARRAY USING ECO HARDWARE TO LOCKABLE DISCONNECT SWITCH, ��o &UTILITY METER LOCATION KEEP JUNCTION BOX OFF ROOF v Q wm — — — — — — •�ip�� c y z 0Z 1� N Q Z) 00 I Cu z¢ I I a PV SYSTEM SIZE: I I a 5.720 kW DC �t I I _ N I I a m o I I J O Q I I o I � h �_ N o < Luoa Lu x I I ? : I I � ZW ' wc i w w z m t J rW.7 B I mQz m o SHEET — — — — — NAME: W _I (22)Trina Solar TSM-260 PD05.08 MODULE 0- SHEET NUMBER: PV SYSTEM SITE PLAN a SCALE: 1/8"= 1'-0" > CLAMP MOUNTING SEALING w PV3.0 DETAIL WASHER /� W N N LOWER ;o SUPPORT cri 2 fn N.>z m�SZ N Q� PV MODULES, TYP. MOUNT z¢ OF COMP SHINGLE ROOF, FLASHING ® < PARALLEL TO ROOF PLANE 2 1/2" MIN ~ 5116"0 x 4 112" = - MINIMUM STAINLESS PV ARRAY TYP. ELEVATION STEEL LAG SCREW NOT TO SCALE TORQUE=13±2 ft-lbs CLAMP ATTACHMENT NOT TO SCALE s SENSE N CLAMP+ m ATTACHMENT CANTELEVER U4 OR LESS COUPLING L=PERMITTED CLAMP ° J ECO SPACING SEE CODE COMPLIANT COMPATIBLE LETTER FOR MAX ALLOWABLE r MODULE CLAMP SPACING. CLAMP+ PERMITTED COUPLING m CLAMP CLAMP 0 7 a ATTACHMENT SPACING uJ 5E uJ 5E PHOTOVOLTAIC MODULE COUPLING m Z i m U) > Lu Lu z m J Uz Q J Q Z Z SHEET NAME: L=PORTRAIT CLAMP SPACING Z �7H U 7 L u Z) g ECO 2 p COMPATIBLE SHEET L=LANDSCAPE MODULE PV SYSTEM MOUNTING DETAIL NUMBER: CLAMP SPACING MODULES IN PORTRAITIANDSCAPE NOT TO SCALE 1 a NOT TO SCALE > IZ 0 Conduit and Conductor Schedule DC Safety Switch Notes: Solar PV System AC Point of Connection Tag Description Wire Gauge #of Conductors Conduit Type Conduit Size AC output current Rated for max operating condition of inverter Accoding to Nec 31.25 Amps 1 Solar Edge Cable 10 AWG 2(V+,V-) N/A-Free Air N/A-Free Air 690.8(8)(1) o NEC 690.35 compliant Nominal AC Volta a zao Volts 1 Bare Copper Ground(EGC/GEC) 6 AWG 1 NIA-Free Air N/A-Free Air 9 2 THWN-2 10 AWG 4(2-V+,V-) PVC 1" 'opens all ungrounded conductors THIS PANEL FED BY MULTIPLE SOURCES C o 2 THWN-2-Ground 8 AWG 1 PVC 1" (UTILITY AND SOLAR) N $N 3 THWN-2 8AWG 3(1-1-1,1-1-2,1-N) PVC 1" Notes: SE6000A-US-U Inverter Specs: _O <W 3 THWN-2-Ground 8 AWG 1 PVC 1" Wire size and breaker calculations dependent upon CEC Efficiency 97.5% inverter Continuous Maximum Output. o°'z 4 THWN-2 8 AWG 3(1-L1,1-L2,1-N) PVC 1" AC Operating Voltage 240V Z Example:SE38000A-US-U Max Output=16A Continuous Max Output 25A m 4 THWN-2-Ground 8 AWG 1 PVC 1" <20A. Therefore a 20A solar breaker will be needed for p 5 THWN-2 1 6 AWG 3(1-1-1,1-1-2,1-N) PVC 1" each SE380OA-US-U inverter. Wire Gauge should also DC Maximum Input Current 18A l= 5 THWN-2-Ground 8 AWG 1 PVC 1" be determined with 16A Max for each inverter. z a ALL CONDUCTORS Solar e Optimizer Specs: oE5 In P300 DG Input Power 300W 0 SHALL BE COPPER DC Max Input Voltage 8-48V DC Max Input Current 12.5A Design Conditions: DG Max Output Current 15A ASHRAE 2013 Max String Rating 525OW Highest Monthly 2%DB Design Temp 35.6°C. Module Specs: 22 PV MODULES PER INVERTER=5720 WATTS STC Lowest Min.Mean Extreme DB -17°C Trina Solar TSM-260 PDO5.08 1 STRING OF 12 PV MODULES VOC Temp coefficient V/°C 1 STRING OF 10 PV MODULES Short Circuit Current(Isc) 9.00A Open Circuit Voltage(Voc) 38.2V System Specs: Operating Current(Imp) 8.50A 401 Max DC Voltage 500V Operating Voltage(Vmp) 30.6V 0 o 0 12Nominal DC Operating Voltage 350V Max Series Fuse Rating 15A 1 Max.DC Current per String 15A STC Rating(Pmax) 260W 8 TF Nominal AC Current 25A Power Tolerance -0/+3% EXISTING SUPPLY-SIDE 2 N ENTRANCE SOLAR TAP CONDUCTORS M NEC 705.12(A) RATED:100A 0 0 o Og 10 q SOLAREDGE 1 SE6000A-US-R o INVERTER'IF F W U 6 Squera D#0222NRB Q a 60PJ240V FUSED NEMA3 d' 0 0 o SOLAREDGE OR EQUIVALENT 300A >Z Li M� ti DC SAFETY w w Z m ( I SWITCH J w Z \� 00OPTIMIZERS SOLAREDGE e❑ 35A n y 3 P300 OPTIMIZIZERS Z 2� EXISTING SHEET 240V/1 OOA AC NAME: G LOAD-CENTER LU < VISIBLE WITH 1-40A FUSED J C9 LOCKABLE 'KNIFE'NC DISCONNECT r) Q ^/ JUNCTION BOX L ,3 DISCONNECT WITH IRREVERSIBLE GROUND SPLICE SHEET NUMBER: *CONFORMS TO ANSI C12.1-2008 Or W = E .1 « \ / M \ / �7 / § -1\ § \j m m _ 8) \ § /§ / =w m /\ \ // Z} 3) \ $§ »y o; \) _ § y \\ . » � )a z � f\ am . > , ® ), 2< ` 0 « ^^ U)'m ° \ - o °« W[\ ƒ ; / z , { � \ z« INSTALLER:_mm + e Dolan Residence cg:'M' DESIGN >KIDRAWNBY:JRP INSTALLER mm ,� va \§ ]\ . \" } ) ? «as m PV 4± @® LOGIC � Am tea+m�,7# ® » , > ( NorthAndover,m ea I R4727631 .uv m5 UTILITY«mmlNUMBER:28710 87000 4301 N (harflKswwrig wily, SuO 500, (ehl, U1 84004 IVII 3 Supp�)0(0,)vmntsolarcorrr I wwwvmritsolarcorn VPhone� 8/7A(44129 1 F�,,w 801 ............................. ...... RESIDENTIAL SOLAR POWER PURCHASE AGREEMENT ...................... ......... ---------- .......... N 01111f f 11/17/2015 %Dlt�f, .119 CUSTOMER INFORMATION NA",M o o, ffrt 4 wi I liam Dolan (978) 815-8624 fcamsectreas@verizon.net NAt/ff ffel(A41,04k,kl',N PROPERTY INFORMATION 1JH P A D040 SS 12 Bacon Avenue 0 r North Andover Essex MA 01845 DOCUMENTS "PHE AGREEMEN'T INCLUDES 1HE FOLK)WING DOC UMEN'W Pow("ir Ajgreenrwra, Ilirldudnrig,,: f,'y,h e b i A e "I,f ("I`,"i rr�"""(t,I f"'/i tl�C)n, Novq e and # e M,r t o€,e j9v", ,e rp P tar rh Is Ilch h e C,v 130t N "'wito"'J0,0, k,"4% ('11 94041 vmin `1 ,i,, 0, -J, t I WW-&, V1ntw1,1r �Olrl Phonc,,�9/14041 41P) 1 Fax, 801JW)!,,058 RIESIDENTIAL,SOLAR POWER PURCHASE AGREEM T This R[,`S1[)LNfiAL SOLAR POWER PUR04ASE perrmssion to operat(? the System with the Utdity, AGRE(I'VIENT (together with all docurnents expressly Aftl'*Ugh We will promptly r-eqUeSt interconnection incorporated herewith, tIm "Agreement") is entered anci l.rernr rssIon to operate the, SyStelP, We cannot into on the Trarrsaction Date set forth above, by and prormse or guarantee the date surf) perrmssron will be between VIVMf SOLAR DEVLLOPER, LLC, a Delaware recewed frorn the Utility, After We receive the Utility's lirnited liabdity conipzrny(together with Our successor perrrmsmrl to operate,We will activate the SySte(TI and and assugns, "Seller", "We", "Us,", "Our) and the cause rt to generate Energy(as such terrn is defined in undc!rsigned CUSTOMER(s) (together Your successors Section-301), YOU ARE NOT ALLOWED TO TURN ON and perinitted assigns, "Customer', "YoW, "Youf', 'DiE SYSTEM UNTiL WE NODY YOU 'll"HAT' TF]E UTILITY to with Us, the "Parties", and each, a "Party"') FIAS GVEN ITS PERMiSSIONTO OPERA11, PURSUANT 1. Design, Installation, and Activation. TO SECTIONL!Lbj YOU ARE LIABLE FOR ANY COSTS OR (a) Qqs,qi tionof the,p ,(p"ej_qQd_,4esc!j0 _t,! DAMAG�E RELATING TO YOU R PREMATURE P rpt jhe.sigrjmficant materials to be Used...and e.q am rft ACflVATION OF T11E SYSTEM. q to be installed. We wall design, instafl, serwce, and 2. Term and Renewal. maintam a solar photovoltaic'system on Your borne at (a) 'T'e"rrn. 'This Agreement is effective as of the the property address set forth above (the "ProperW'), Transaction Date and shall continue until the twentieth which will Include all solar panels, inverters, meters, (20th) anniversary of the ln,-Service Date (together and other components (collectively, the "System"), as w&any renewal term described in wpp'tian 2hjjii,, the further described in the Customer Packet and the ,Terrn"). 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 Ad material portions of the System will be installed by System has been mstalled and is capable of generating Our employed tectimcians and electricians, and not Energy, (al( all permits, inspections, and approvals subcontractors. With Your cooperation, We wall necessary to operate the Systern have been obtained; (I) design, mstall, and connect the System in material and (r6) the System has been iinterconnected with the cornphance with all applicable laws; (0) complete all Utihty and received permission to operate, required inspections; arid (iii} obtain all requved (b) End of 1'erm. (i) Your Optiorn. At the end certifications and permits, In order to design a Systern of the rem), so lorig as there IS 1`10 CUStOrner Default that Meets Your needs, You agree (1) that We may orwgomg, YOU may elect M (1) aantinue, with 1:116 obtain Your electrical Usage history from Your 6ectnc Agreement for a renewal term of five (5) years at the utility provider (the "Utility'),, (2) to provide Us wth Renewal Pnce (as described in Sec ict)1--r-__2A!)I Uh A- copies of bills a,jnd other information frorro Your Lftmhty, (2) put chase the Systern (as describe(] In and (3) to enter into and execute any interconriection 5g, Ltqn.4(b and thus Agreement will auto aticaHy or other agreements that may be required by Your terrnrnate; or (i) have the Systern removed at no cost Utility, Wewil�desigr) ar)dir)stalltl-oeSysterT) atieoct)st to You (as described in Section and there.......... to You, other than the Energy Price Aizreeinent will atjtr�)matically terminate, At least sixty (b) App,rrwmate I I yi t 1,,,)t 1 5,t-a,I,t,",a,ru(,J (60) d,Iy,,, prwr to ti,ie end of the I erri'l, We will send to ............ ........ .......... , C's"'ltnt)jk;'�J,!tao 1,?,o to flw delays of per rywtmp You notice (oncerrrtng Your end of terryi options, authoritres, weather, and othor conditions otitside Our a"rcJiudrrrV trenewal" purcl'iase, and carcelIa Ior'I control, in,,ati,,.fflation oi the Systerri gerIwWly takes ont,','�, forrn�,,,, If You do not elect any of these three (,,)ptrorvs, (1) daJy and to start ar1d be SLAt,,)SUV)WJHY 0,,uPs Agre,(,,�rrwnt wih ai,,jtorn,,iti(,aky renew or) ,.,j year to complete rio later tharh 05/15/2016 yc,tair W5s(as described in (o)Renewtil (0 ActlyjAi.o. After installation, mspecnon, opf�,on. the renewal form will set forth the new Energy arid receipt of: ad necessary approvals i0ating to ti,1e Pnce for the reiwwjl terrii based on Our, assessment System, We will request interconr�ection of and of the then avadable rnarket 11401-IT00011 acrd 0(if determination of the thea-current fair rriairket valve of 3. Price and Payment. the Systern (the "Renewal Price"), if You elect, the (a) Sale of Electricity, (i)Sate Tl'iss Agreement renewal option, then We will need tri receive Your is for the sale of energy by Us to You and not for the completed renewal form not less than thirty (30) days sale of the System, the System interests (as such term prior to the end of the Term. If You choose not to is defined in Sgtion 41i}411), or a solar energy device, renew, then You may elect (under Section 2 b i, ) to Beginning with the In-Service Date, We will sell to You purchase the System or to have the System removed and You will buy from Us all of the energy produced by at no cost to You, (iii) Purchase Option. The purchase the System (the "Energy"), Energy does not include form will set forth the purchase price based on the the System Interests. (ii)Price. For all Energy produced then-current fair market value of the System as by the System, You shall pay Us $0. .119 . per determined by an independent appraiser's valuation kilowatt hour ("kft") (the "Energy Price"), PLUS of similarly sized photovoltaic systems w Your APPLICABLE TAXES.. On each anniversary of the In- geographic region (the "Purchase Option Price"). The Service Date, the Energy Price shall increase by two appraiser's valuation will be provided to You in writing and nine-tenths percent (2.9%). (iii) Delivery. Title to and will be binding. If You elect the purchase option, and risk of loss with respect to the Energy shall transfer then We will need to receive Your completed purchase from Us to You at the point where the System is option form, Your payment of the Purchase Option interconnected with Your Property's electrical wiring. Price, costs of the appraisal, applicable taxes, and all Energy from the System will be delivered to You in other amounts then owing and unpaid hereunder not compliance with all requirements of the Utility. A good less than thirty(30) days prior to the end of the Term. faith estimate of the System output, measured in Upon receipt of the foregoing, We will transfer kilowatt hours,will be provided to You in the Customer ownership of the System to You on an "As Is,Where is' Packet; provided that we reserve the right to modify basis. (iv) Removal Option. If you elect the removal the size of the System at the time of installation as option, then We will need to receive Your completed required by applicable law or in Our reasonable removal form and all amounts then owing and unpaid discretion. (iv) Limits on Obligation to Deliver. We are hereunder not less than thirty (30) days prior to the not a utility or public service company and do not end of the Term. After which, We will remove the assume any obligations 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 Renewal. IF not subject to rate review or other utility or public YOU DO NOT NOTIFY US OF YOUR ELECTION BY service company regulation by governmental SENDING THE APPLICABLE COMPLETED FORM TO US authorities. During the Term,You understand that You EITHER BY E-MAIL OR U.S, MAIL AT OUR ADDRESS may require more electricity than the System may FIRST SET FORTH ABOVE AT LEAST THIRTY (30) DAYS generate. If You need any such additional energy,then PRIOR TO THE END OF THE TERM, THEN (UNLESS WE You shall be solely responsible to obtain such energy ELECT TO TERMINATE THIS AGREEMENT) THIS from the Utility at Your cost. OTHER THAN AS AGREEMENT WILL AUTOMATICALLY RENEW ON A EXPLICITLY SET FORTH ON EXHIBIT B,, WE DO NOT YEAR-TO-YEAR BASIS AT TEN PERCENT (10%) LESS WARRANT OR GUARANTEE (1) THE AMOUNT OF THAN THE THEN-CURRENT AVERAGE RATE CHARGED ENERGY PRODUCED BY THE SYSTEM FOR ANY PERIOD, BY YOUR UTILITY UNTIL YOU NOTIFY US IN WRITING OF (2) ANY COST SAVINGS, OR (3) THE EXISTENCE Or ANY YOUR ELECTION TO CANCEL AT LEASTTHiRri` (30) NET METERING PROGRAM, OR UTILITY OR DAYS PRIOR TO THE END OF THE RENEWAL TERM GOVERNMENT INCENTIVE PROGRAM, YOU AND WE AGREE THAT SUCH ENERGY PRICE (bPayrpg _t1t5,, (ij Invoicirill, Beginning with the DURING AN AUTOMATIC RENEWAL TERM FAIRLY first (1")month following the In Service Date and each REFLECTS AND IS A REASONABLE ESTIMATION OF THE month throughout the Term, We will send You an FAIR MARKET VALUE OF THE ENERGY PRODUCED BY invoice reflecting the charges for the Energy produced THE SYSTEM, by the Systerm If the System is not reporting Energy I/WE AGREE TO THE production to Us, We may charge You the Shutdown FOREGOING AUTOMATIC Payment (as such term is defined in jection 6 a RENEWAL PROVISION: There is no financing charge associated with this Agrn"errierit. (u)Aotorrotic, Poyments, You shall r-nake (b) !TiLsqEjtlg _g, We carry commercial general payrrients to U by automatic paymont,d(�,*drjctlon from Itabdity irskirarice, workers' compensation in-,surance, Your designated checking account or by automatic and property insurance on the System. For more charge to Your credit card It is Your responsibility to information concerning Our insurance, including Our ensure that there are adequate funds or an adequate insurance coverage limits, and to obtain a copy of Our credit limit. (iii) Account Debit Discount. 'The Energy certificate of insurance, please visit: Price and all other payments in this Agreement include www,vivintsolar.cGm/insurance. a rive Dollar ($S) monthly discount for allowing Us to (c) Bisk of Loss-_Casualty Losses. We shall bear automatically debit Your checking account. You will all risk of loss with respect to the System, except for not receive such Five Dollar ($S) monthly discount if losses arising from the acts or omissions by You or Your You choose to pay by any means other than automatic Itcensees, guests, invitees, contractors, or agents or debit from Your checking account (e.g credit card). otherwise covered by Your insurance pursuant to (iv)Late Payments. For all payments more than ten(10) Section SLbJ. If the System is damaged or destroyed by days past due, We may Impose a late charge equal to fire, storm, flood, earthquake, or other disaster or Fifteen Dollars ($15) and interest at an annual rate accident (each, a "Casua(ty Event") fully covered by equal to the lesser of ten percent (10%) or the Our insurance, We will promptly repair or replace the maximum rate permitted by applicable law, plus damaged portions of the System as necessary to applicable taxes. You agree that Your monthly restore it to good working condition. If the System is payments, as well as any late charges incurred by You damaged or destroyed by a Casualty Event not fully as described In this Section 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 System to good working charged to Your credit card. If You continue to fail to condition;or(ii)terminate this Agreement and,at Your make any payment within ten (10) days after We give election, either convey the System in its then-existing You written notice, then We may exercise all remedies condition, 'As Is, Where Is", to You for no additional available to Us pursuant to Section & b ijP. consideration or remove the System from Your (v) Unconditional Payment. You agree that the Property. obligation to pay any amount due under this (d) Disconnection of System. We may cause Agreement shall be absolute and unconditional, and the System to be disconnected from any electrical shall not be subject to any abatement, defense, facilities, including the Utility's facilities, if they require counterclaim, setoff, recoupment, or reduction. You such disconnectcin or We are required to do so under and We agree that all amounts payable by You applicable law, including (but not limited to) any hereunder shall be payable in all events including by disconnection directed by the Utility as part of a Your heirs, successors, and permitted assigns. Except curtailment or other order or instruction, for Your right to terminate under the Notice of (e) Limited Installation and Roof Penetration Cancellation or after a Seller Default (as such term is Warranter. During the entire Term of this Agreement, defined in S"ectio,E_f�l�n), You hereby waive all rights under customary use and operating conditions, We You may have to reject or cancel this Agreement, to provide a workmanship warranty that the System will revoke acceptance of the System,ortogran t a security be free from material defects in design and interest in the System. workmanship, When We penetrate Your root during 4. Our Services. installation of the System, We warrant that all rooftop (a) Qjra-'ticii'i ,arid s" - "M"ji'nteriance*, During the penetrations are watertight. This roof penetration entire Term of this Agreement, We will honor the warranty will run the longer of(il one (1)year following limited installation warranty described below in installation of the System, (ii) the length of any new Sect ion,Ag), and We, will operate and maintain the construction hornebuilder warranty for Your roof; and System (i) at Our sola cost and expense; (k) in good (w,,) any period required by applicable law, condition; and (iii) in rnateriai compliance with all MWXrAn�ip5. We do not applicable laws and permits and the Utility's provide any warranty to You with respect to any requirements, component of the System. Any manufacturer's warranty is for Our benefit as owner of the System and is independent of the limited installatiori warranty colflect the data. We will store sticl'i meter data describod above in tion"' 4ff Thr I yS a("(" stfmi's solar throughout the Term and provide it to You upon Your modules carry a rninirriurn manufacturer's warranty of reasonable request, You agree-, to allow Our personnel twenty(20)years as follows: (i)during the first ten(10) reasonable access to Your Property to collect such years of use, the modules' electrical output whit not data. At Our discretion, We may test the accuracy of degrade by more than ten percent (10%) frons the the performance meters from time to time. If testing originally rated output; and (d) during the first twisty indicates that the meter is inaccurate by more than (20) years of use, the r-nodules' electrical output will plus or minus five percent (±S%), then We will (I) repair not degrade by more than twenty percent (2011!a) from and recalibrate the Meter, at no cost to You; and the originally rated output. The System's inverters (ii) make retroactsve adjustments to Your payments carry a minimum manufacturer's warranty of ten (10) based on corrected meter data for the period of such years against defects or component breakdowns. inaccuracy. If the meter is inoperable for any reason, During the Term, We will enforce these warranties as including Your failure to maintain working broadband owner of the System. internet or electrical connections, We may (1) charge (g) Exclusions and Disclaimer of WarEgDty. The You. the Shutdown Payment, and/or (2) estimate any limited installation and roof warranty se, forth in performance guarantee payment, Section 4Le -,.ot W J above, does not apply to and does r The System and the System Interests. cover problems resulting from: (i) Your acts or (i) Our Ownership of the System and the System omissions, including Your failure to abide by the terms interests. We shall own and hold all property rights in of this Agreement; (ii) exposure to harmful materials (1)the System-, and (2)any credits, rebates, incentives, and chemicals; (iii) any Force Majeure Event (as such allowances, or certificates that are attributed, term is defined in Section 6(d)); (iv) vandalism, theft, allocated, or related to the System, the Energy, or or tampering with the System by anyone; (v) damage environmental attributes thereof (collectively, the caused by hail or ball strikes; and (vi) any other cause 'System Interests"). 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 4(e) interest in the System and the System Interests that may be transferred to a third party. EXCEPT AS SET You may have at any time, whether arising under FORTH IN THIS SECTION 4 AND EXHIBIT B WE MAKE applicable law or otherwise, and You agree to execute NO OTHER WARRANTY TO YOU OR ANY OTHER all documents and instruments We reasonably request PERSON, WHETHER EXPRESS, IMPLIED, OR to carry into effect the terms and intent of the STATUTORY, AS TO THE MERCHANTABILITY OR foregoing assignment and to otherwise cause Us to be FITNESS FOR ANY PURPOSE OF THE EQUIPMENT, the exclusive owner of the System and the System INSTALLATION, DESIGN, OPERATION, OR Interests. You shall have no property interest in the MAINTENANCE OF THE SYSTEM, THE PRODUCTION OR System or the System Interests except for (A) the DELIVERY OF ENERGY; OR ANY OTHER ASSOCIATED Energy that the System generates, and (13) any credits SERVICE OR MATTER HEREUNDER, ALL OF WIAI(H WE or payments available under Your Utility's net HEREBY EXPRESSLY DISCLAIM. OUR LIABILITY FOR ANY metering program for the Energy that the System BREACH Of ANY WARRANTY IS LIMITED TO REPAIRING generates, You agree to keep the System and System THE SYSTEM OR YOUR PROPERTY TO THE EXTENT interests free from all liens, security interests, levies, REQUIRED UNDER THIS AGREEMENT, YOU attachments, and encumbrances of any type, and You ACKNOWLEDGE THAT WE ARE RETYING ON THIS acknowledge that none of the System nor any of its 5,J1X- !JlQ,N--AW AS A COND11-ION AND MATERIAL components nor any System Interests may be sold, INDUCE,MENT TO ENTER INTO THIS ACRE[NiENT. leased, assigned, mortgaged, pledged, or encumbered THERE ARE NO WARRANTIES WHICIA EXTEND BEYOND by You, You shill indemnify Us against all losses, rHE DESCRIPTION Of THE FACE HEREOI-. ciahms, costs and expenses (including attorneys' fees) (h) Mc�[qf T . We will irtstall performance incurred by Us in discharging and releasing any such r-neter(s) as needed to measure the Energy produced hen, encumbrance, pledge, levy, or attachment arising by the System (the "Me f"). We will collect by, under or through You. You agree to not take any performance data remotely or use Our personnel to action of allow any omission that could have the effect of impairing the value of the System or thr� Syjstern (c,"� xist�t� �fal ,t� �,.� . n soondttro . W interests, You shall immediately notify Us upon shall rim be held responsible for any existing violations becoming aware of the occurrence or possibility of of applicable building regulations or ordinances on such impairment, (it) Personal Property Noture of they Your Property, whether cited by the appropriate System. Notwithstanding the manner in which the authority or not. We are not responsible for any System is attached to Your Property, nor any future preexisting conditions on Your Property. Prior to filing by Us, You and We hereby agree that the Sy°sterrt installation, You shall give to Us a copy of any and the System Interests shalt retain Our sole easements, restrictions, or rights of way relating to the personal property and shall not be deemed or Property. if You do not do so, We will assume that characterized as a "fixture" or any part of the "realty" none exist, and You shall be solely liable for any as those terms may be defined by applicable Caw_ It is violation of such easement, restriction, or right of way, further agreed that the installation of the System shall (d) Grant of Access. You hereby grant to Us not be a repair, remodel, alteration, conversion„ and Our employees, agents, and contractors the right modernization of, or addition to, Your Property, to access and use Your Property so that We may (;ii) Notices of System Ownership.. You authorize tis to (i) install, operate, and maintain the System make filings and recordings with relevant throughout the Term, (ii) enforce Cour rights as to this governmental authorities as may be necessar-y to agreement and the System and the System Interests, provide notice of and to take security interest in Our and (iii) take any other action reasonably necessary in ownership in the System and the System Interests,and connection with the construction, installation, Our right to access Your Property, including (without operation, maintenance, repair, or removal of the limitation) financing statements and fixture fillings. System. The foregoing rights of access to Your Upon termination of this agreement, each such filing Property shall constitute a license coupled with an will be terminated. You understand that the System interest and shall be irrevocable for up to ninety (90) shall be marked and identified as Our property. days after this agreement terminates to provide Us S. Customer Obligations. with time to remove the System at the end of the (a) Representations and Warranties. You Terni. represent, warrant, and agree that each of the (e) Modifications after Install. (i) ,alterations. following is true and correct: (i) all information You shall not (1) touch, handle, operate, alter, repair, concerning You herein is true, correct, and complete; or otherwise modify the System or any component (ii)You are the only fee simple owner(s)of the Property thereof; and (2) take any action that could void or (i.e., You have full and exclusive ownership r€ghts to impair any warranty relating to the System. You will be the Property); (iii) You own the roof on the Property responsible for any damage to the System that is and have the unrestricted right to install the System caused at any time by You or Your licensees, guests, thereon; (iv) Your roof is in good condition and repair, invitees, contractors, or agents. (ii) Property Repairs, without material defects, sufficient for tis to install the You are not permitted to make repairs or System; (v) You are at least eighteen (18) years of age; improvements to Your Property that may interfere and (vi) You have had the opportunity to review and with the performance or operation of the System discuss this Agreement with Our sales agent and any wtthout- sur prior consent pursuant to this other advisor You may desire to consult, You Section 5Le , after the fifth (S") anniversary of the In- understand that any mistake, misrepresentation, or Service Gate, if You provide Us with thirty (30) days` omission in this Agreement made by You is a materwi prior written notice„ then We will teraiporarily remove breach of this Aygreerrient and entitles tis to the and reimstall the System at Your request to allow for reme.dItn provided for in 5,,ctrt�n.f ,!l e rrra r� rio sq�ch repair or improvement (a "Customer-Requested representations or warranties excempt as expressly set wfl, Ycau will be req,rired to (1) pray to tis a file forth in this Agreement. equal to four Hundred and Nincty Mine Dollars ('a499) (b) Mlrtsaitgpce. You currently have before We remove the System; (Z) securely stare the and agree to maintam customary property and liability System components during the Customer-Requested insurance with respect to Your Property. Shutdown' and (3) pay the Shutdown payment if the System is not reinstalled within thirty (30) days of removal, A Shutdown during the Section, without proof of any damages or posting of first five(5)years of the Agreernent will be done at Our any bond or simdar, security, sole discretion and at a cost mutually agreed before (g! You are responsible to We remove the System. THE CUSIOMER-REQUESTED ensure that Your Property (including all electrical S14UTDOWN COSTS DESCRIBED IN T141S SLCTION5Je systems and the roof) is maintained in good condition ARE NOT AN EARLY CANCELLATION FEE. OTHER THAN and repair. It is Your responsibility to remove of AS SET FORT[I IN THE NOTICE OF CANCELLATION AND protect any personal property or fixtures (including, b1 AND El YOU ARE NOT but not limited to, decorations, furniture, vehicles, ALLOWED TO 'TERMINATE OR CANCEL THIS plants, and other valuables) in the areas of Our work AGREEMENT PRIOR TO THE END OF THE TERM. and the locations surrounding the System. We are not (iii) Required Changes, If You, the Utility, or any responsible for damages or loss of said items whether governmental agency requires (1) any change to the caused by Our personnel, equipment, or natural System after its installation,You shall pay Our standard causes (including, without limitation, damage caused parts and labor charges; or(2)that We pay any tax,fee, by snow failing from Your roof). or other charge in relation to the System or this (h) Use of the System_ You shall use the Energy Agreement after the In-Service Date, then You shall be from the System primarily for personal, family, or responsible to reimburse Us for such tax, fee, or othe-, household purposes, but not to heat a swimming pool. charge (including any taxes under Section S(k)). At all times,You shall ensure that the Property remains M Insolation. You acknowledge and agree grid-connected to the Utility. that the System's unobstructed access to sunlight W Broadband Internet Connection, You must ("Insolatlolf') is essential to Us and is a material provide the System with continuous access to a inducement to Our entering into this Agreement.Atallfunctioning broadband internet connection with one times during the Term, You shall not cause, permit, or (1) wired Ethernet port and standard electrical outlet, otherwise allow any circumstance or condition within 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 limitation). (i) any material (i) charge You the Shutdown Payment, and/or alteration of Your Property where the System is (ii) estimate any performance guarantee payment. installed; (ii) the installation of any structure, or any (l) Authorizations, Prior to installation of the other obstruction; (iii) the growth of trees and other System, You shaIl obtain from Your mortgagee, home foliage; or (iv) the emission from Your Property of owners' association, or any other person with an particulate matter, smoke, fog, steam or any other interest in Your Property all authorizations necessary airborne impediments that materially affect Insolation. for Us to install, operate, and maintain the System. You agree to trim all trees and other foliage to ensure Your failure to obtain these authorizations in a timely that shading of Your roof and the System is no worse manner may result in termination of this Agreement, than on the Transaction Date. If You become aware of N Taxes. You will pay all taxes assessed on or any potential development or other activity on arfsmg from installation or operation of the System, adjacent or nearby properties that could diminish the including any transaction privilege, general excise, use, Insolation, you shall promptly notify Us and shall sales or other transaction--based taxes on the Energy cooperate with Us in reasonable measures We may produced by the System, and any real or personal take in an attempt to preserve existing levels of property taxes on the System that Your local Insulation. Notwithstanding any other right or remedy jurisdiction may levy, provided in this Agreement, You agree that We would (I) Furl Ugt A Upon Our request, be irreparably harried by Your breach of Your You shall proiTiptly sign and return, or otherwise assist obligations under this Section and that an award of U,, in obtaining" (i) any application, agreernent, or damages would be inadequate to remedy such a other document necessary for Us to obtain any System breach, and that therefore We shall be entitled to interests; Itil any permits, interconnection, net equitable relief, including specific performance, to metering agreements, and other documents required compel Your compliance with the provisions of this by the Utility,- (iii) any document necessary to verify Our ownership interest in the System and System Interests,; and (iv) You shall promptly comply with any WnrTen noticip to Yoij and You will be obligated to pay of Our additional requests so that We may obtain to Us an amount equal to Four Dollars ($4) per watt possession of all System Interests To the extent instaRed, stibject to a reduction of five percent (5%) permitted by applicable law, You hereby authorize Us per year (e,g,, in year 20, the Transfer Payment will be to complete any documents referenced above in this $1-56 per watt installed(, plus applicable taxes (the SectionSII by adding any information necessary rra1b*rPayffWnt`), After You pay to Us the Transfer (m) Puty-to,,Ncitify. You shall promptly notify Us Payment, We will transfer ownership of the System to if(i)You notice any person or thing interfering with the You on an "As Is,Where Is" basis;provided that We will operation of the System; (it) Your Property has any retain all right and title to the System Interests. ordinance or permit violations or encumbrance that Notwithstanding any other provision in this may prevent proper System permitting, installation,or Agreement, if the proposed transfer of Your Property operation; (iii) You take any emergency action wth to the Property Transferee is a lease or other transfer respect to the System; or(iv) You receive or other se that is not a fee simple sale, You will remain acquire any System Interests, incluckrig any Incentive responsible for performance of Your obligations under payments. Your failure to promptly notify Us of such this Agreement. You agree that the death of all matters shall be a Customer Default under Customers hereunder shall be deemed a transfer of Segutionkbjoi . in the event of an emergency affecting Your Property, and We will work with Your successors the System, You shall contact Us immediately. if We and heirs to transfer this Agreement under this are unable to timely respond, You may (at Your own, Section S(n), expense) contract with a licensed and qualified solar 6. Special Circumstances. installer to remove the System as necessary to make (a) System Shutdowns, IS) Safety Shutdown. repairs required by the emergency. You shall, be In addition to Our right to shut down the System for responsible for any damage 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 (n) Transfer of Property. You are required to activities of persons on the Property, which are not notify Us thirty (30) days prior to any sale or transfer under Our control,whether or not 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 following information: the (a 'Safety Shutdowni"). During the pendency of a name of the person buying Your Property or the Safety Shutdown, You will pay Us the Shutdown transferee (the "Property Transftvr'), the anticipated Payment, (it) Property Vacated. In the event that You date of the sale or transfer, and any additional vacate Your Property for any period of time as a result information We reasonably request. If the Property of an event that is not a Force N/laleure Event or a Seller Transferee meets Our credit qualifications, then Defauft, You will continue to pay Us for all the Energy (where permitted by the Utility and applicable law) the produced by the System. (ifi) Interconnection Property Transferee can sign a transfer agreement, Deactivation, If interconnection with the Utility assurning all of Your rights and obligations under this becomes deactivated for reasons that are not (1) a Agreement, Prior to any such sale or transfer of Your Force Majeure Event, or(2)caused by or related to Our Property, You agree to have the Property Transferee unexcused action or inaction, such that the System is sign the transferee agreement. YOU ACKNOWLEDGE no longer able to produce electricity or transfer AND AGREE *THAI' UNTIL THE PROPERTY TRANSFEREE electricity to You or to the Utility, You will pay Us the HAS SIGNED THE TRANSFER AGREEMENT AND WE' Shutdown Payment. (iV) Sirrutdowa Payment, The HAVE ACCEPTE 1) THE PROPERTY TRANSFEREE "Shutdown PaynWnf` shall e q U a I the sum of tHEREUNDER, YOU SHALL REMAIN RESPONSIBLE FOR (1) payments of the Energy Price that You would have ALL OBLIGATIONS IN THIS AGRLEMENI Alternatively, made to Us a� described in Setjon for the Energy if We determine that the Property Transferee, is not that would have been produced by the System during adequately creditworthy to ZISSL,Irn(e Your obbigattons the period of the shutdown; (2) the value to Us of the under this Agreement, or the Property Transferee System Interests that We would have received during refuses to assume Your obligations under this such shutdown; and (3) applicable taxes. Agreement, We may terminate this Agreement on Determination of the amount of Energy that would have bt�en producod diving the period of the such failure is not cured within thirty (30) days after shutdown shall be based of"i estimated levels of You, ppvo Us written notice of such failure. production If We bill You for the Shutdown Payrnent (w) Re meds for Seller Ciefoult If a Seller Default because the Systern is not reporting Energy production occurs and is continuing, You may: (1) terminate this to Us, and We subsequently determine that We have Agreement and request removal of the System from either overestimated or underestimated the actual Your Property-, and/or (2) except as provided below, Energy production, then We will adjust the next exercise any other remedy available to You in this invoice with a non-refundable credit (for over-billing) Agreement or under applicable law. Notwithstanding or an additional charge (for under-billing). You will not the foregoing, You will have no right to claim damages be charged for Shutdown Payment when the System is as a result of the termination of this Agreement, not producing Energy due to Our fault. If a shutdown except for(x) the actual costs to remove the System, if pursuant to Section Ste) or this Section 6 a conunues. We fail to remove the System from Your Property for one hundred and eighty (180) days or longer, We pursuant to Section 6 c - and (y) any damages to Your may, in Our sole discretion, terminate this Agreement Property resulting from the removal of the System by and require You to pay the Default Payment. Us or Our contractor. (v) Default Payments. If this (b) Events of Default. (i) Customer Default, A Agreement is terminated for any reason, other than "0JSt0MerLL*faUff' shall mean the occurrence of any pursuant to the Notice of Cancellation, kl[d Section dl or p� of the following: (1) Your failure to make any payment a Seiler Default, You will pay to Us the Default under this Agreement within ten (10)days of when due Payment. The "DLn�u&Paymerir shall be an amount and such failure is not cured within ten (10) days after equal, to Seven Dollars ($7) per watt installed, subject We give You written notice of such failure; (2) Your to a reduction of five percent (S%) per year (e.g., in failure to perform any obligation under this Agreement year 20, the Default Payment will be $2.68 per watt and such failure is not cured within thirty (30) days installed), plus applicable taxes. You agree that the after We give You written notice of such failure;(3)You Default Payment fairly reflects the value of the System, deny Us, Our contractors or agents, governmental and, in the case of a Customer Default, 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 incur. After You pay to Us the Default give You written notice of the failure to provide such Payment, We will transfer ownership of the System to access; (4) Your bankruptcy, insolvency, or admission You on an "As Is,Where is' basis;provided that We will of Your inability to pay Your debts as they mature; or retain all right and title to the System Interests. (5) Your Property becoming subject to a foreclosure (c) Termination. (i) Termination by Seller. We proceeding, (41 Remedies for Customer Def€ ult. if a may, in Our sole discretion, terminate this Agreement Customer Default occurs, We may exercise any of the (1) if prior to the In-Service Date, upon delivery of following remedies: (1) terminate this Agreement and written notice to You; or (2) upon the occurrence of a demand You pay the Default Payment, (2) leaye the Customer Default- Within ninety (90) days after System in place on Your Property, but deny You use of termination of this Agreement, other than under the the Energy it produces, which may be redirected and circurnstances in which the System is transferred to sold at Our election; (3) disconnect or take back the You under Secti n,2 , Sectrorj_5N, or System as permitted by applicable law; (4) place a Ben We will remove the System and restore all rooftop on Your Property; (S) engage a collection agency to penetrations to be free from leaks. If We elect to Collect payments fF0M You; (6) report Your default to terminate this Aigreerr'ient, We will have no, further credit reporting agencrin; (7) suspend Our liability to You, ('aj Termination by Customer, You may perforrrianco tinder the Agreement; and/or terminate this Agreement (1) pursuant to the terms of (8) exercise any other rernedy available to Us in this the Notice of Cancellation, or (2) upon a Seller Default. Agreement or tinder applicable law, Seller's remedses (&i Epf&,e If You or We are unable to ,set forth in this Se t'*_01_6MC�r) are cumulative arAd not perform any of the obligations under this Agreement exclusive. (iii) Seller Default. A `Selle,'Defauff shay because of a Force Maleure Event, such, affected Party mean Our failure to perform any of Our material will,be excused from whatever performance is affected obligations under this Agreement and the effect of by the Force Majeure Event; provided that the su%perlsior of such obligations is of (10 greater scope w?!,,er agreement concerning the subject matter and of no longer duration than is required by the Force heeof; (iii) any breach, default, or terrnination of this Maio,ure Event, "Force Majeure Eventshall mean any Agreement- and (ivy the interpretation, validity, or event, condition, or circumstance beyond the contra l' enforreabihty of this Agreement, including the of the affected Party which, by the exercise of due determination of the scope or applicability of this foresight such Party could not reasonably have beer,,, Section_kLe I(each, a 'D&W#'), Prior to commencing expected to avoid, and which by the exercise of due arbitration or an action in si-nall claims court, a Party diligence such Party without fault attributable to ;t is must first send a written "Notice of Dispute" via unable to overcome, including, but not limited to, certified mail to the other Party. If You elect to action by a governmental authority, the failure to act commence arbitration or file a claim in small 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 timely requested SOLAR DEVELOPER, LLC, 3301 N Thanksgiving Way, and diligently pursued), failure to obtain or maintain a Suite SOO, Lehi, UT 84043, Attm Legal Department. If permit, license, consent, or approval (provided that We elect to initiate arbitration or file a claim in small such Party has made timely and reasonable claims court, We will send the Notice of Dispute to commercial efforts to obtain and maintain the sante), Your billing address. The Notice of Dispute must labor dispute, strike, work-stoppage, slow-down, lock- describe the nature and basis for the Dispute and the out, flood, earthquake, volcano, fire, lightning, wind, relief sought. If You and We are unable to resolve the epidemic, war, terrorism, riot, economic sanction or Dispute within thirty (30) days thereafter, then either embargo, civil disturbance, act of god, unavailability of Party may commence arbitration. The arbitration shall electricity from the Utility, equipment, supplies of be administered by JAMS 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 failure of equipment with JAMS Policy on Consumer Arbitrations Pursuant not utilized by or under the control of the affected to Pre-Dispute Clauses Minimum Standards of Party. In no event shall a Force Majeure Event excuse Procedural Fairness (available at: You from any of Your payment obligations under this httD_//viww-jamsadr.com, the "JAMS Rubs") and Agreement. under the rules set forth in this Agreement. Any claim (e) Arbitration of Disputes. Most customer against a state home improvement guarantee fund concerns can be resolved quickly and amicably by (including under Maryland Code § 8-40S(c)) by You calling Our customer service department at shall be stayed until the completion of any mandatory 877AO4.4129, If Our customer service department is arbitration proceeding. The arbitrator shall be bound unable to resolve Your concern, You and We agree to by the 'terms of this Agreement. No matter the resolve any Dispute (as such term is defined below) circumstances, the arbitrator shall not award punitive, through binding arbitration or small claims court special,exemplary, indirect, or consequential damages instead of courts of general jurisdiction, BY SIGNING to either Party or any other award inconsistent with BELOW, YOU ACKNOWLEDGE AND AGREE THAT the limitations set forth in Se'ction 7(al, (1) YOU ARE HEREBY WAIVING THE RIGHT TO A TRIAL Claims for less than $10,000 If the relief sought by BY JURY; (2) YOU MAY BRING CLAIMS AGAINST US either Party is for iess,than $10,000, the following shall ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A apply. You may choose whether the arbitration will be PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED conducted solely on the basis of documents submitted CLASS OR REPRESENTAI IVE PROCEEDING,, AND(3) THE" to the arbitrator, through a telephonic hearing, or by FEDERAL ARBITRATION ACT (9 U.S.C. § I (!t 5eq.) an irrperson hearing near Your Property consistent GOVERNS THE INTLRPR[,'TArtON AND ENFORCEMENT with the JAMS Rales. if You are recitAired to pay a filing OF THIS PROVISION. Fxcept for claims brow p ,ht in small fee,after We receive notice that you have cornineno,'id claims court, You and We agree to arbitrate all arbitration, We will promptly reirribiose You for Your disputes, claims, and controversies arising out of or payment of any filing fees If the arbitrator is,��ue-s You relating to (i) any aspect of the relationship between an award that is greater than the value Of Our last You and Us, whether based in contract, tort, statute, written settlement offer made before an arbitrator or any other legal theory; (i�) this Agreement or arry was selected (or if We did not make a settlement offer bofore in iirbitrator was select(,,,=dj, then We will pay VWE AGREETO ARS 11TRATION You tho les%er of the amount of the award or S10,0CX), AND WAIVE THE RIGHT TO A plus reasonable attorneys' fees incurred by You and JUIRY M11Y2015 4l/17,20ts awarded by the arbitrator, Except as expressly set ........... forth herein, the payment of all costs, filing fees, and (f) G This Agreement, and any administration and arbitrator fees will be governed by instrument or agreement required hereunder, shall be the JAMS Rules. governed by, and construed under,the internal laws of Clalms for $10,000 or more. If the relief sought by the state where the Property is located. either Party is for 510,000 or more, all fees and costs 7. Misceltaneous. (including filing fees, administration and arbitrator (a) Limitation of Liability. You understand that: fees, all attorneys' fees, travel expenses, and other (t) We are not an insurer of Your Property, personal costs of the arbitration) shall be borne by You and Us property, or personal safety of persons in or on Your in accordance with the JAMS Rules, JAMS Policy on Property; (k) You are solely responsible for providing Consumer Arbitrations Pursuant to Pre-Dispute any insurance with respect to Your Property and its Clauses MimMUM Standards of Procedural Fairness, contents; (iii) the amount You pay to Us is based only and applicable law. The arbitration shall be conducted on the value of the Energy produced by the System and at a mutually agreeable location near Your Property- not on the value of Your Property or its contents; Regardless of the manner in which the arbitration is (w) the System may not always operate properly for conducted, the arbitrator shall issue a reasoned, various reasons; (v) it is difficult to determine in written decision sufficient to explain the essential advance 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 System fails to and judgment on an arbitration award may be entered operate properly, and (vi) it is difficult to determine in in any court of competent jurisdiction. Nothing in advance what portion, if any, of any property loss, this Section 6(e)shall preclude You or We from seeking personal injury,or death would be proximately caused provisional remedies in aid of arbitration from a court by Our failure to perform, Our negligence, or a failure of competent Jurisdiction. of the System, or the System installation, NOTICE: BY INITIALING IN THE SPACE BELOW, YOU NOTWITHSTANDING ANY BREACH OF THIS ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT AGREEMENT, ANY FAILURE OF THE SYSTEM, OR ANY OF THE MATTERS INCLUDED IN THE "ARBITRATION OF NEGLIGENT ACT THAT CAUSED ANY INJURY OR LOSS DISPUTES" PROVISION DECIDED BY BINDING NEUTRAL (WHETHER PROPERTY DAMAGE, PERSONAL INJURY, ARBITRATION AS PROVIDED BY THE FEDERAL OR DEATH) TO ANYONE, TO THE FULLEST EXTENT ARBITRATION ACT AND OTHER APPLICABLE LAW AND PERMITTED BY APPLICABLE LAW, WE AND YOU AGREE YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS THAT, UNLESS SUCH INJURY OR LOSS WAS CAUSED BY TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY A PARTYS GROSS NEGLIGENCE, FRAUD, VIOLATIONS TRIAL, BY INITIALING IN THE SPACE BELOW, YOU ARE OF LAW, OR WILLFUL INJURY, SUCH PARTY'S LIABILITY GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND ARISING OUT OF OR RELATING TO THIS AGREEMENT APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY SHALL IN NO EVENT EXCEED THE DEFAULT PAYMENT. INCLUDED IN THE "ARBITRATION Of DISPUTES' YOU AND WE AGREE THAT THIS AMOUNT IS A FAIR PROVISION. IF YOU REFUSE TO SUBMIT TO REPRESENTATION OF THE DAMAGES THAT YOU OR WE ARBITRATION AFTER AGREEING TO THIS PROVISION, EXPECTTO INCUR IN THE CASE OF ANY INJURY OR LOSS YOU MAY BE COMPELI ED TO ARBITRATE UNDER THE HT'REUNDER FEDERAL ARBITRATION ACT AND OTHER APPLICABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOUR AGREEMENT TO THIS ARBITRATION LAW, NO CLAIM SHALL BE MADE BY YOU AGAINST US PROVISION IS VOLUNTARY, YOU HAVE READ AND OR ANY OF OUR AFFILIATES, DIRECTORS, EMPLOYEES, UNDERSTAND THE FOREGOING AND AGREE TO AGE',NTS, OR CONTRACTORS FOR ANY SPECIAL, SUBMIT DISPUTES ARISING OUT OF THE MATTERS EXI MPLARY, INDIRECT, INCIDENTAL, INCLUDED IN THE "ARBITRATION OF DISPUTES" CONSEQUENTIAL, OR PUNITIVE DAMAGES (WHETHER PROVISION TO NEUTRAL ARBITRATION. OR NOT THE CLAIM THEREFORE IS BASED ON CONTRACT, TORT, DUTY IMPOSED BY LAW, OR OTHERWISE), IN CONNECTION WITH, ARISING 01-l"T OF, cc,,insfitote the erttre agrep-nort between You and Us OR IN ANY WAY RELATED TO THF TRANSACTION'S and stipersede all prior oral an(] written negotidtions, CONTEMPLATED BY THIS AGREEMENT OR ANY ACT OR communications, discussions and correspondence OMISSION OR EVENT OCCURRlN(.'j IN CONNECTION pertaining to the subject matter hereof, THEREWITH. YOU HEREBY WAIVE, RELEASE, AND M Our Transfer, We may assign, sell, or AGREE NOT TO SUE UPON ANY SUC14 CLAIM FOR ANY transfer (in whole or in part) this Agreement, the SUCH DAMAGES, WHETHER OR NOT ACCRUED AND System, or the System Interests without Your consent WHETHER OR NOT KNOWN OR SUSPECTED TO EXIST and without notice. If such assignee agrees in writing IN YOUR FAVOR. YOU FURTHER AGREE THAT NO to assume all of Our rights and obligations under this CLAIM, LAWSUIT, OR ANY OTHER LEGAL OR Agreement, We will have no further liability or ARBITRATION PROCEEDING IN CONNECTION WITH, obligation under this Agreement upon the ARISING OUT OF, OR IN ANY WAY RELATED TO TWS effectiveness of such assignment. AGREEMENT MAY BE BROUGHT, COMMENCED OR (g) Binding Effect. This Agreement shall be FILED MORE THAN ONE (1) YEAR AFTER THE INCIDENT binding upon and inure to the benefit of You and Us GIVING RISE TO SUCH CLAIM. YOU ACKNOWLEMSE and Our and Your respective heirs, legal THAT WE ARE RELYING ON THIS SECTION 7(a) AS A repfesentatives, successors, and permitted assigns. CONDITION AND MATERIAL INDUCEMENT TO ENTER Except as otherwise expressly provided in this INTO THIS AGREEMENT, Agreement, or by operation of law, neither this (b) Indemnification, To the fullest extent Agreement nor any of the rights, interests, or permitted by applicable law, You hereby agree to obligations hereunder may be assigned by You without indemnify, advance expenses, and hold harmless Us Our prior written consent. Any assignment by You and Our affiliates, directors, employees, agents, without Our prior written consent shall be void, contractors, and Our successors and assigns (each, a (hi Notice. All notices, requests, demands, and "Covered PLarsorf') from any and all third party claims, other communications required or permitted to be actions, costs, expenses (including reasonable given under this Agreement shall be in writing attorneys' fees and expenses), damages, liabilities, 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 time by written out of, or in any way related to (i) Your breach of this notice to the other Party. Agreement, or (ii) Your negligence or willful (1) Survival. After termination or expiration of misconduct; provided that Your indemnification this Agreement, any provismi-is, which by their nature obligations under this Section 7(b)shall not apply if the are intended to survive such termination or harm or darnage that is the basis for such third party cancellation shall survive, including (without claim occurred while one of Our employees or agents hmitation)Sections 2(b) � 4(d), fgl, (i),5 6. and 7. and was at Your Property and such harm or damage was Exhibits A and B attached hereto. caused by the gross negligence, violation of law, or G) raoPity, If any provision of this willful misconduct of such employee or agent. Agreement is held to be invalid, prohibited, or (c) Sqb!pgqt!9n You agree to release all otherwise unenforceable by an arbitrator Or court of Covered Persons from any clairns of any parties suing competent jurisdiction, this Agreement shall be through Your authority or in Your name, Such as Your considered divisible and such provision shall be in,surance company, and You agree to defend U,� deerned it to the extent it is deerned invalid, against any such claim. YOU AGREE TO NOTIFY YOUR prohibited, or unenforceable, and in all other respects INSURANCE COMPANY OF THIS RELEASE, this Agreement shall remain in full force and effect; (d) Amendments W and Waive"r's T Its provOed, however, that if any such provision may be Agreement may only be amended or modified by an made enforceable by limitation thereof, then such instrument in writing signed by both You and Us. provision shall be deerned to be so limited and shall be (e) Entire Agreement. This Agreement, the enforceable to the maximum extent permitted by Customer Packet, the Work Order, and any other applicable law agreements or docurnents incorporated herewith, (k) l This Agreement may be forever release Us for any Dispute relating to or an in (,,�,xecuted �n t,')ne or more (ounterpa-m, and a4 such OLA of thrs Sect counte,roarts shall be deem ed to constitute orie (m), (rp hadk In connection with the I -,. inStrLJM(?nt, A facsimile or portable document format pxecutwry of this Agreement and at any time during ("pdf") shall constitute an original,for purposes hereof. the Term, You hereby authorize Us to (i) obtain Your (1) elicit . You hereby authorize Us to use credit rating and report from credit reporting agencies; Your and Your Property's voice, photograph, video, (ri) to report Your payment performance under this and likeness in print media, radio, television, e-mail, Agreement to credit reporting agencies, and social media, web materials, and any audio or video (iii)disclose this and other information to Our affiliates recording; provided that We agree that We will not and actuaf or prospective lenders, financing parties, disclose any of Your personally identifying information investors, insurers, and acquirers. (except as provided in Sectfar _7Lrpj). You waive and [SIGNATURE PAGE POLLOWS1 A, USTOF Ft00,Jih, EN1S TO BE INC:C1fti'C,;CRWII,D kN1,O ntf'fled to a cornpl trtly filled in copy of this 111I (ONIRAC J� Agreement, signed by both You and Us, bofore any i, Retsid rrtral Solar Power Purchase Agreement, work may be started. ii. Exhibit ANcatrce of Cancellate r°r, 1YOU MAYCANCEL THIS"TRANSACTION ATANYT1 E iii, Exh"b t It State Notices and Dl sclrasures, NEE°ORS" THE LAT OF- (I) MIDNIGHT OFTHE THIRD iv L`ustcrrn r Packet, arrd (3RD) BUSINESS DAY AFTER THETRANSACTION DATE, v. Work Ord r(r�), OR(11)THE STARTOF INSTALLATION OF THE SYSTEM OR These docurnents are expressly mcorporated into this AW OTHER WORK DONE Y VIVINTSOLAR DEVELOPER, Agreernent arid Lappa y to the relat*r•rship between You L,LCI GN YOUR PROPERTY, IF YOU WISH TO CANCEL THIS and Us. CONTRACT. YOU MUST EITHER: ( .) SEND A SIGNED B; IT IS NOT LEGAL FOR US"IO I::N,1 C:R YOUR F,`RErvflSE~1 AND DATED SRI°'NT"EN NOTICE OF CANCELLATION BY tw1NL.AWFULLY OR cohs1Pvi'r ANY BRFACF1 OF 111E REGISTERED OR CERTIFIED MAIL, RETURN RECEIPT PLACE T RLI"',4OVE ('3000S INSTALLED UNDER 1 flS REQUESTED; OR ( ) PERSONALLY DELIVER A SIGNED AGREEMENT, AND DATED WRITTEN NOTICE OF CANCELLATION TO: C DO NOT SIGN THIS AGREEMENT T BEFCORL YOU VI' NT SOLAR DEVELOPER, LLC,3301 N THANKSGIVING F1AVE READ ALL OF ITS PAGES, Yrar.a acknowledpe that WAY, SUITE 500, LEHI, UT84043, ATTN: PROCESSING You have read and received a legible copy of tha s DEPARTMENT. SEE THE ATTACHED NOTICE OF Agre nig rrt,that We have s1Rn d the Agreement, and CANCELLATION FOR AN E PLANATION OF THIS RIGHT. that You have read and received a legrNe copy of every THE LAW REQUIRES THATTHE CONTRACTOR GIVE YOU d0Cr. meat that We have sCRrr d during the A NOT'ICE EXPLAINING YOUR RIGHT TO CANCEL, NSC) negotiation. NOT SIGN BELOW UNLESS THE CONTRACTOR HAS D. YOU RISK THE LOSS OF ANY PAYMENTS MADE 10 GIVEN YOU A 'NNOTIa OF THE THREE-CLAY RIGHT TO A SALES REPRESEN'T'ATIVE. CANCEL! E. LSO NOT SIGN THIS AGREEMENT IF TWS G. You have the right to require us to have a AGREEMENT CONTAINS ANY BLANK SPACwES. You are performance and Payment bond. VIVINT SOLAR DEVELOPER, LLCM CUSTOMER(S): , c Tadd Hildebrand William Dolan Printed�°r�rr�� clrnrezJ Name 111846 .rr'�"���r�rrrr:�R"r Ne�., i er°rmetl Mime Federal Employer 10 No.: FCCi-071,,,,0643 , State and Lc N. I L.10 rtst Nos,u ASC ROC.: 288627; CA„ (4('WCw109/3'66; CC), LCI,01t11N200) CA: H1(-0634,,t82, LLC0189(`)n 5 [1, DE T'1 0,006 038, FL, EC:1300640T Hl� C13 C:a`T 34444; � LAE(11' 59753 A: 11IC 1 /0848, E(: I 3141A, MD I'AC:A 1 ,1C1TS!;i,; NJ: H1 C;o 13W,05FC9010, L( -341301,I08500; � NM: I198 1L111')22 1; Nor. Lr:,;' 0080170, NY N&Ssaur Co H240991,00, Putnam Co Il(''6914, Rockland Co, H 1.1017 401 0000, raffr..'rIIC Cc7 51228 1,.1, 41159 ME, wrr ,,�tchester C:;o CrCrC�1:4+4 14; OR (',C B 1C 6558, 8C D C:LR R„ Pk I11Cmm',C189(,,.)70; U]", 11200/'S20 8694C.1t11 5501' Washmgton L1r': (Customer Cbpy� Transaction Date: 11/17/2015 Service No.: YOU MAY CANCEL THIS TRANSACTION,WrTF1'OUTANYPCNALTYG8 OBLIGATION,WITHIN THREE(3)BUSINESS DAYS OF THE ABOVE DATE, OR (IF LATER) UNTIL THE START OF INSTALLATION OF THE SYSTEM OR ANY OTHER WORK DONE BY VIVINT SOLAR DEVELOPER, LLC ON YOUR PROPERTY. IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACTORSALE,ANDANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN TEN(10) BUSINESS DAYS FOLLOWING RECEIPT BYTHE SELLER OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED. IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE SELLER AT YOUR RESIDENCE, IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS DEUVERED TO YOU UNDER THIS CONTRACT OR SALE, OR YOU MAY, IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE SELLER REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE SELLER'S EXPENSE AND RISK. IF YOU DO MAKE THE GOODS AVAILABLE TO THE SELLER AND THE SELLER DOES NOT PICK THEM UP WITHIN TWENTY(20)DAYS OF THE DATE OF YOUR NOTICE OF CANCELLATION,YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. IF YOU FAIL TO MAKE THE GOODS AVAILABLE TO THE SELLER, 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 UNDER THE CONTRACT. TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SEND A TELEGRAM,TO VIVINT SOLAR DEVELOPER, LLC,AT 3301 N THANKSGIVING WAY,SUITE 500, LEHI,LIT 84043, ATTN:PROCESSING DEPARTMENT PRIOR TO THE LATER OF: (1)MIDNIGHT OF THE THIRD(3rd)BUSINESS DAY AFTER THE TRANSACTION DATE, OR (11) THE START OF INSTALLATION OF THE SYSTEM OR ANY OTHER WORK DONE BY VIVINT SOLAR DEVELOPER, LLC ON YOUR PROPERTY. I HEREBY CANCEL THIS TRANSACT10N DATED: Customer's Signature., IQ NO O mN:ANr, ,..,. (vivint Solar Copy) Troosactio n Dow; 11/17/2015 Service No, YOU MAY CANCEL THIS TRANSACTION,WfTHOUT ANY PENALTY OR OBLIGATION,WITHIN THREE(3)BUSINESS DAYS OF THE ABOVE DATE, OR (IF LATER) UNTIL THE START OF INSTALLATION OF THE SYSTEM OR ANY OTHER WORK DONE BY VIVINT SOLAR DEVELOPER, LLC ON YOUR PROPERTY, IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT OR SALE,AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL.BE RETURNED WITHIN TEN(1 0)BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OLrr OF THE TRANSACTION WILL BE CANCELLED. IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE SELLER AT YOUR RESIDENCE, IN SU A ALLY 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 SHIPMENT OF THE GOODS AT THE SELLER'S EXPENSE AND RISK, IF YOU DO MAKE THE GOODS AVAILABLE TO THE SELLER AND THE SELLER DOES NOT PICK THEM UP WITHIN TWENTY(20)DAYS OF THE DATE OF YOUR NOTICE OF CANCELLATION,YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. IF YOU FAIL TO MAKE THE GOODS AVAILABLE TO THE SELLER, 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 UNDER THE CONTRACT. TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SEND A TELEGRAM,TO VIVINTSOLAR DEVELOPER,LLC,AT 3 -1 NTH LING WAY,SUITE 500,LEHI,UT 3, ATTN: PROCESSING DEPARTMENT PRIOR TO THE LATER : (1)MIDNIGHT OF THE THIRD(3rd)BUSINESS DAY AFTER THE TRANSACTION DATE, OR (1I) THE START OF INSTALLATION OF THE SYSTEM OR ANY OTHER WORK DONE BY VIVINT SOLAR DEVELOPER, LLC ON YOUR PROPERTY. I HEREBY CANCEL THIS TRANSACTION TED: Customer's Signe ure. STATE, Pd0 fiES AND CIICT 011E A. OBTAINING PERMITS We shall obtain all fieri>s ary pprrmt� for the ins"�tallatlon inn oper.Ition of ti�r;� Systt rtt Homeowners who secure their, own permits shall be excluded from the state guaranty funds. B. OUR LICENSES. HOME IMPROVLME.NT CONTRACTORS ARE REQUiRED TO BE REGISTERED WITIA I`HE DIRECTOR OF THE MASSACHUSETIS OFF@CE O€ CONSUMER Arl'AIRS AND BUSINESS REGULATION, FOR INFORMATION ABOUT CONTRACTOR RLGISIRATION REQUIREWNTS, CONTACT TETE MASSACHUSEI "S OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION: TEN BARK PLAZA, SUITE 5170, BOSTON, MA 02116, 617.9 73.8 700 OR 888,283.3 IS 7. C. ARBITRATION. Notwithstanding anything to the contrary in the Agreerrrent, the contractor and homeowner hereby mutually agree in advance that in the event that the contractor has a dispute concerning this contract, the contractor may submit such dispute to a private arb�tratron service which has been approved by the Office of Consumer.Affairs and Business Regulation and the consumer shall be required to submit to such arbitration as provided in M.G.L. c. 142A. NOTICE: The signatures of the parties below apply only to the dispute resolution initiated by the contractor. The owner may initiate alternative dispute resolution even where this section is not separately signed. VIVINT SOLAR DEVELOPER, LLC CUSTOMER(S): (.9 Printed Name. Todd Hildebrand P � �; William Dolan Salesperson No.. 111846 By Prrnted Name. The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston,MA 02111 www.mass.govIdia Workers' Compensation insurance Affidavit: Builders/Contractors/Electricians/Plumbers Please Print LgIfibly Name(Business/Organization/Individual): 5 1( viviq Lt)A ty (,4 0(J Address: -3 3C:1 14 rl City/State/Zip: -LI-r s/YdLo Phone#: qVi Are you an employer?Chee e appropriate box: Type of project(required): 1.[9/1am,a employer with 0 4. FJ I am a general contractor and 1 6, New construction employees(full and/or paa-time).* have hired the sub-contractors 7. ❑ Remodeling 2.❑ 1 am a sole proprietor or partner- listed on the attached sheet.I ship and have no employees These sub-contractors have 8. ❑Demolition working for me in any capacity. workers'comp.insurance. 9. ❑Building addition [No workers'comp,insurance 5, El We are a corporation and its 10.[] Electrical repairs or additions required.] officers have exercised their 3.F1 I am a homeowner doing all work right of exemption per MGL I Ln Plumbing repairs or additions myself.[No workers'comp. c. 152,§1(4),and we have no 12.n Roofrepillis. insurance required.]t employees. [No workers' 1,3Q-O-th., I I OV_ comp.insurance required.] �_ *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. I am an employer that is providing workers compensation insurance for my employees. Below is the policy and job site information. d Insurance Company Name: Policy A or Self-ins,Lic.M W L S-0't 6 0 Expiration Date: I ( I I e-)/6 Job Site Address: City/State/Zip: Attach a copy of the workers'compensation Policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of lip to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify under the pains and penalties of perjury that the information provided above is true and correct. 7 Si nature: Date: 11 - Phone#: azzu 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): 5.Plumbing Inspector 1.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 6.Other Contact Person: Phone#: DATE(MMIDD/YYYY) A ®® CERTIFICATE OF LIABILITY INSURANCE 1012912015 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 122517TH STREET,SUITE 1300 ac No Ext: aJc No E-MAIL DENVER,CO 80202-5534 ADDRESS: Attn:Denver.CertRequest@marsh.com I Fax:212-948-4381 INSURERS AFFORDING COVERAGE NAIC# INSURER A:Evanston Insurance Company 35378 INSURED INSURER B:Zurich American Insurance Company 16535 Vivint Solar Developer,LLCAmerican Zurich Insurance Company 40142 3301 North Thanksgiving Way,Suite 500 INSURER C Lehi,UT 84043 INSURER D:Scottsdale Insurance Company 41297 INSURER E: '.. INSURER F:: '.. 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. /LTR ADDL SUBR POLICY EFF POLICY EXP LIMITS TYPE OF INSURANCE POLICY NUMBER MMIDD MMIDD A X COMMERCIAL GENERAL LIABILITY 15PKGWE00274 11/01/2015 01/29/2016 EACH OCCURRENCE $ 1,000,000 Au, DAMAGE TO RENTED 50,000 CLAIMS-MADE �OCCUR PREMISES Ea occurrence $ X SIR:$100,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 5000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY�ECT Ll LOC $ OTHER: COMBINED SINGLE LIMIT B AUTOMOBILE LIABILITY BAP509601501 11101/2015 1110112016 Ea accident) $ 1,000,000 BODILY INJURY(Per person) $ X ANY AUTO _ - ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS NON-OWNED PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS (Per accident) Comp/Coll Ded $ 1,000 VES0002110 1110112015 01/2912016 EACH OCCURRENCE $ 5,000,000 D UMBRELLA LIAB X OCCUR AGGREGATE $ 5,000,000 X EXCESS LIAB CLAIMS-MADE DED RETENTION$ PER OTH- C WORKERS COMPENSATION WC509601301 11/011201511/01/20'6 X I STATUTE ER AND EMPLOYERS'LIABILITY Y/N AZ,CA,CT,HI,MD,NJ,NY,NV,NM, E.L.EACH ACCIDENT $ 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE FN_1 N/A OFFICER/MEMBER EXCLUDED? OR,PA,UT E.L.DISEASE-EA EMPLOYE $ 1,00 ,000 (Mandatory in NH) B If yes describe under WC509601401(MA) 11101/2015 11101/2016 E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below A Errors&Omissions& 15PKGWE00274 11/01/2015 01/2912016 LIMIT 1,000,000 SIR 100,000 Contractors Pollution DESCRIPTION OF OPERATIONS I LOCATIONS/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 1600 Osgood St. 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.Parsloeit�.[Cu�nr �� ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD Office ofConsumer Affairs and Business Regulation 10 Park Plaza s Suite 5170 Boston, Massachusetts 02116 Home Improvement Contractor Registration Registration: 170848 Type: Supplement Card VIVINT SOLAR DEVELOPER LLC. Expiration: 1l5/2016 JAMES SHERMAN - �_.._ ._............._..___ — 4931 NORTH 300 WEST _.... .__.....__ ..... ............._.. _ .._ . _ PROVO, UT 84604 Update Address and return card.Mark reason for change. ' ange. SCA 1 POM-05/1 F [] Address Renewal E] Employment Lost Card Massachusetts-Department of Public Safety Board of Building Regulations and Standards Constl-raadon Superi isor n License: CS-045254 JAMES R SHERMAN � a 6"Fox Follow Drift SAUGUS MA 01506 r Expiration Commissioner 08/28/2016