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HomeMy WebLinkAboutBuilding Permit #461-16 - 1055 Salem Street 10/9/20154. BUILDING PERMIT I TOWN OF NORTH ANDOVER b APPLICATION FOR PLAN EXAMINATION - b Permit NO: � Date Received {gyp °R,r..ob•=°` ��# Date issued: 1 EN11PO:12•I'AN`.t`: Ap clic nt ..mist con Clete all itellis oat this iILe LOCATION l S j,�_ & STpE-�ET .. PROPERTY OWNER QtkifiPpi 9ilt (MCC _. �a�nt MAP NO 6 _ FARCEL:b ZONING DItTAICT : Historic District yesno Machine Shop"11'illacte Yes .no TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential New Building =° One family 7� Addition _ Two or more family iD Industrial L Alteration No_ of units: �D Commercial Repair, replacement f ssessory Bldg 7e Others: Demolition Other OLPr(Z Septic p Well Its, Floodplain Wetlands Watershed District WaterfSewer IN Im Identification Please'. y e or Print Clearly) OWNER: Name:idC � Phone:gl - Z�f ^ g'lo nLOAJ Address: CONTRACTOR Dame' Phone., C"1 Address: n - - - Supervisor's Construction License-: Exp. Date: . Home improvement License: Exp: Date 1 r7(� 77P a ARCHITEGTJENGINEERL _ Phone: bffl_e4Sq_SS1I Address -3y S, MAlr4 ST teVTdta�.r_ SE: Q&51)0 Reg. No. FEE SCHEDULE. SULDING PERMIT: $12.00 PER S1000,00 OF THE TOTAL ESTIMATED COST BASED ON 5125.00 PER S.F. Total Project Cost: $ 6 0= FEE. $ o Check No.: Receipt Na.; N0111*; Felsvzrs cry rrltreiilz�i^rtlr taBZI i ` c� xs do zt�ltcar ticc�ss ire tlze;I r Iz ' fr.Irz! Signature of Agent/Owne mature of contracto 6 rt ... 0 C Permit No#: Date Issued: LOCATION BUILDING PERMIT TOWN OF NORTH ANDOVER APPLICATION FOR PLAN EXAMINATION Date Received NORTH O �q�.ED F69ati O IMPORTANT: Applicant must complete all items on this page I yes'' no yes; no TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential ❑ New Building ❑ One family ❑ Addition ❑ Two or more family ❑ Industrial ❑ Alteration No. of units: ❑ Commercial ❑ Repair, replacement ❑ Assessory Bldg ❑ Others: ❑ Demolition ❑ Other El 8e ❑ Well FI'oodpla-in 0 Wetlands ❑ Watershed District WWateffSewera. DESCRIPTION OF WORK TO BE PERFORMED: Identification - Please Type or Print Clearly OWNER: Name: Arlrimee- Phon 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: $ Check No.: Receipt No.: NOTE: Persons contracting with unregistered contractors do not have access to the guaranty fund ignature of AgentOwner_ _ _ Signature of contractor Building Department The following is a list of the required forms to be filled out for the appropriate permit to be obtained. Roofing, Siding, Interior Rehabilitation Permits ❑ Building Permit Application ❑ Workers Comp Affidavit ❑ Photo Copy Of H.I.C. And/Or C.S.L. Licenses ❑ Copy of Contract ❑ Floor Plan Or Proposed Interior Work ❑ Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit Addition Or Decks ❑ Building Permit Application ❑ Certified Surveyed Plot Plan ❑ Workers Comp Affidavit ❑ Photo Copy of H.I.C. And C.S.L. Licenses ❑ Copy Of Contract ❑ Floor/Cross Section/Elevation Plan Of Proposed Work With Sprinkler Plan And Hydraulic Calculations (If Applicable) ❑ Mass check Energy Compliance Report (If Applicable) ❑ Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit New Construction (Single and Two Family) ❑ Building Permit Application ❑ Certified Proposed Plot Plan ❑ Photo of H.I.C. And C.S.L. Licenses ❑ Workers Comp Affidavit ❑ Two Sets of Building Plans (One To Be Returned) to Include Sprinkler Plan And Hydraulic Calculations (If Applicable) o Copy of Contract ❑ Mass check Energy Compliance Report ❑ Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg. Permit In all cases if a variance or special permit was required the Town Clerks office must stamp the decision from the Board of Appeals that the appeal period is over. The applicant must then get this recorded at the Registry of Deeds. One copy and proof of recording must be submitted with the building application Doc: Building Permit Revised 2014 t Plans Submitted ❑ Plans Waived ❑ Certified Plot Plan ❑ Stamped Plans ❑ TYPE OF SEWERAGE DISPOSAL Public Sewer ❑ Tanning/Massage/Body Art ❑ Swimming Pools ❑ Well ❑ Tobacco Sales ❑ Food Packaging/Sales ❑ Private (septic tank, etc. ❑ Permanent Dumpster on Site ❑ THE FOLLOWING SECTIONS FOR OFFICE USE ONLY INTERDEPARTMENTAL SIGN OFF - U FORM PLANNING & DEVELOPMENT COMMENTS CONSERVATION COMMENTS r� HEALTH COMMENTS Reviewed On Signature Reviewed on Signature Reviewed on Signature Zoning Board of Appeals: Variance, Petition No: Zoning Decision/receipt submitted yes Planning Board Decision: Commen Conservation Decision: Commen Water & Sewer Connection/Signature & Date Driveway Permit DPW Town Engineer: Signature: _ Located 384 Osgood Street fMENiT_ernp':Dumpster onsite Lyes no Iam�St�eet - _ ent,;s.ignature/date Dimension Number of Stories: Total square feet of floor area, based on Exterior dimensions. Total land area, sq. ft.: ELECTRICAL: Movement of Meter location, mast or service drop requires approval of Electrical Inspector Yes No DANGER ZONE LITERATURE: Yes No MGL Chapter 166 Section 21A—F and G min.$100-$1000 fine NOTES and DATA — (For department use) ❑ Notified for pickup Call Email Date Time Contact Name Doc.Building Permit Revised 2014 Location�/� No. Date TOWN OF NORTH ANDOI,TR Certificate of Occupancy $ Building/Frame Permit Fee $% �- Foundation Permit Fee $� Other Permit Fee $ TOTAL $ Building Inspector (,�OJDJA.l. droppd q-o,,, oj',� /at �t U�. O D O z O CD N O CQ O 03 S. CL S• cc CD O fR L O CLCDM1 1 00"0 0 <a ID M o r___C� o ?�0 yr rt CD 0 0 0_ CD a ag N U3 y O Ag :V 0 : 0 O co O W y •.. O y _J y0 'v Zm 0 0, rt n C y = n Q O O Q. - <<D �// (n A) =CD CL 00 r y .p NCD l�D � O rt O C rt rt O 0 •. S CD CD 7 tM /! � C 0 y O �. 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No. 1116-A STANDARDS FOR INTERCONNECTING DISTRIBUTED GENERATION ATTACHMENT 2 Certificate of Completion for Simplified Process Interconnections Installation Information: ❑ Check if owner -installed Customer or Company Name (print): _ Contact Person, if Company: Jennifer Mailing Address: PO Box 304 NRG City: Houston State: Telephone (Primary): 713-665-1180 Fax: 832-379-5199 Email: Facility Address (If different from above): City: IVP r�j /9y1W 1/r'i^ State Account Number: Electrical Contractor's Company or Name (print): NRG Electrician Name, if Company: Peter LaCamera Mailing Address: 101 Constitution Blvd, Suite G City: Franklin Telephone (Primary): Fax: rry Telephone (Secondary): e Zip Code: 77001 14%14 Zip Code: OI S Meter Number: State: MA 508-315-6663 Telephone (Secondary): 508-319-3255 Email: License number: 20617A Date of approval to install Facility granted by the Company: /� Application ID number: .� Q - 2 2 % Inspection: Zip Code: 02038 The system has been installed and inspected in compliance with the local Building/Electrical Code of A4!XIA A.vDo✓L�,c- A � (City/Town) Signed (Local Electrical Wiring Inspector, or attach signed electrical inspection): V& / Wiring Inspector Name (printed): 4 �6td Phone Number: h sfr• cj ,j ql S Email Address: As a condition of interconnection you are required to email a copy of this form along with a copy of the signed electrical permit to distributed.generation@us.ngrid.com 9i 910 "VW 'NaAOCINV HiNON iaaNis Wards 5501 b`00EI9'321 - NOS),i '9NOOW Old '�I?J10313 ONb' �b'�OS o O Ln ' SOIlSONOVICi X0021 Y gEll n m 9i 910 "VW 'NaAOCINV HiNON iaaNis Wards 5501 b`00EI9'321 - NOS),i '9NOOW � 3 Y gEll n m V Y7 KK C ty x a ¢ qq 7t N VU m p o N^ ^ 9i 910 "VW 'NaAOCINV HiNON iaaNis Wards 5501 b`00EI9'321 - NOS),i '9NOOW 133HS 31111 I � I a ?UZ .. 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DocuSign Envelope ID: 44B519BE-D147-4B2C-BC20-83C46520558B nrg.,. Residential Solar Solutions SOLAR POWER SYSTEM LEASE between NRG Residential Solar Solutions, LLC (NRG RSS) and Tyson Moore Rebecca Moore Version Date: May 2014 Version 2.0 0 DocuSign Envelope ID: 44B519BE-D147-4B2C-BC20-83C4652055BB IEll :1R *el M091•1kW:1ZtV Page 1. LEASE.................................................................................................................................................................1 1.1. Lease................................................................... .. .........................................................................1 1.2. Property; Production Date; Term.......................................................................... .................................2 1.3. When this Lease becomes Effective.........................................................................................................2 2. PAYMENTS................................................................................................................................................. ........2 2.1. Payments................................................................................................................................................2 2.2. Prepayment.............................................................................................................................................2 2.3. Estimated Taxes.......................................................................................................................................2 2.4. Late Fee; Returned Check Fees. .... ...... _ ..............................................................................................3 2.5. Method of Payment .................. ........................................................................................................3 2.6. ABSOLUTE PAYMENT OBLIGATION.....................................................................................................3 3. INSTALLATION PROCESS AND CHANGES.......................................................................................................3 3.1. Conditions to Installation..........................................................................................................................3 3.2. System Design and Approval . ......... . ...............................................................................................3 3.3. Right to Cancel Lease Due to Significant Change from Initial Estimates..................................................3 3.4. Excluded Work ............................;.:,.:.....................................................................................................4 3.5. Documentation; Permits ........... . .......: ..:...:.. ::....... .... ------. --.:..............---....................4 3.6. Waste Materials... ........:............... ......... ............................................................................4 3.7. Cancellation Due to Delay...................................................................................................................4 3.8. Installer Not NRG RSS' Agent .............................. .............. ............. . ................. ..................................4 3.9. No Side Agreements................................................................................................................................4 4. YOUR SOLAR SYSTEM OBLIGATIONS..................................:...........................................................................4 4.1. General Obligations ............... .................... ............................................................................................4 4.2- Access Rights...........................................................................................................................................5 4.3. Preservation of Access and Ownership Rights.........................................................................................5 4.4. Monitor; Net Metering Service..................................................................................................................5 4.5. Photos................................................................................................................. ....................................5 4.6. Consumer Credit Reports: Pre -Screen Opt -Out Disclosure.....................................................................5 5. OWNERSHIP OF SOLAR SYSTEM AND ELECTRICITY.....................................................................................5 5.1. Ownership of Solar System................................................:.....................................................................5 5.2. Loss or Damage to Solar System.............................................................................................................5 5.3. Ownership of Electricity; Additional Electricity..........................................................................................6 6. OWNERSHIP OF ENVIRONMENTAL ATTRIBUTES AND INCENTIVES.............................................................6 6.1. Environmental Attributes......................................................................................................................6 6.2. Incentives ..... ..........................................................................................................................................6 6.3. Rights in Incentives ............................................. ......... ... ..................................................................6 6.4. Claims and Representations.....................................................................................................................6 7. WHAT HAPPENS IF YOU TRANSFER YOUR HOME... ............ I ...... ... _ ............. _ ................................ ... __ ...... 6 8. WHAT HAPPENS AT THE END OF THE TERM.. .......... ............................................................. ........................ 7 8.1. Renewing this Lease.......................................................................................................... ...................7 8.2. Purchasing the Solar System............................................................. . ...............................................7 8.3. Taking Other Actions................................................................................................................................7 9. WARRANTY DISCLAIMER....................................................................................................................................7 -i- Lease Number: 10-0049128039-000-0000 m DocuSign Envelope ID: 44B519BE-D147-4B2C-BC20-83C4652055BB TABLE OF CONTENTS (cont°d) Page 10. DEFAULT ..................... ----------.......................... ---------- ........... ___ .......................................................... ........ ---7 10.1. EVENTS OF DEFAULT ................... ........................................................................... ................---......7 10.2. Remedies ------------ ------------• ............... -----------------....----...---------------------- ---•• -----.....................................8 11. INSURANCE; INDEMNITY; LIMITATION OF LIABILITY......................................................................................8 11.1. NRG RSS Insurance................................................................................................................................8 11.2. Your Insurance.........................................................................................................................................8 11.3. INDEMNITY.. .......................... .................................... ......................... .......................... ....................... 8 11.4. Limitation of Liability....................................................................................................... ........................8 11.5. No Consequential Damages.....................................................................................................................8 12. ARBITRATION.......................................................................................................................................................9 12.1. Arbitration of Claims; Waiver of Jury Trial................................................................................................9 12.2. Finality of Award....................................................................................................................................9 12.3. Governing Law.........................................................................................................................................9 12.4. Notice-, Demand for Arbitration.................................................................................................................9 12.5. Payment.................................................................................................................... ........................9 12.6. Expenses...............................................................................................................................................9 12.7. Specific Performance.................:.............................................................................................................9 13. NOTICES ........................... :........................' .. ........ ....:.... ...... ...... ................................................9 14. ASSIGNMENT_ ............. ....... ....... ------------------............................................ --........................... 9 14.1. NRG RSS .............................................................................................................. ......................10 14.2. You.........................................................................................................................................................10 15. NO THIRD PARTY BENEFICIARIES; MISCELLANEOUS..................................................................................10 16. ENTIRE AGREEMENT; RELATIONSHIP TO LIMITED WARRANTY.................................................................10 17. YOUR SIGNATURE .............................. ............................. ....... ........................... .................................... ........... 10 18. DATE OF LEASE .......................... ................................ ....................................................................................11 19. NOTICE OF RIGHT TO CANCEL .......................................................................................................................11 Exhibit 1. Lease Payments, Prepayment Amount-, Exhibit 2. Notice of Cancellation; Exhibit 3. State -Specific Rights; Exhibit 4. Limited Warranty and Performance Guarantee-, and Exhibit 5. Ownership of Environmental Attributes and Incentives. -ii- Lease Number: 10-0049128039-000-0000 DocuSign Envelope ID: 44B519BE-D147-4B2C-BC20-83C46520556B SOLAR POWER SYSTEM LEASE THIS DOCUMENT DESCRIBES THE TERMS AND CONDITIONS OF YOUR LEASE OF A SOLAR SYSTEM THAT WILL BE INSTALLED AT YOUR PROPERTY BY INSTALLER UNDER A CONTRACT WITH NRG RESIDENTIAL SOLAR SOLUTIONS LLC. 9Jd\lamYIIII CIV/4-63w4I1to] LESSOR: NRG RESIDENTIAL SOLAR SOLUTIONS LLC 1000 N. POST OAK -ROAD, SUITE 240, HOUSTON TX 77055 ( (P) 713-655-1180 1 WWW.NRGRESSOLAR.COM PROPERTY OWNER: MAILING ADDRESS: 1055 Salem St, INSTALLER: Tyson Moore North Andover, MA 01845 USA Pure Energies Rebecca Moore INSTALLATION ADDRESS: 164 South Park Avenue 1055 Salem St, North Andover, MA San Francisco CA 94107 Lease Number: 10-0049128039-000-0000 Description of Leased Solar System The Solar System is a 5.320 KW DC (STC) photovoltaic system, consisting of photovoltaic modules, inverter(s), mounting system(s) and monitoring system(s). A. Amount Due at Lease Signing or Delivery: B. Monthly Lease Payments (taxes not included): Your first monthly Lease Payment in the amount set forth on The "Down Payment": $ 0.00 Exhibit 1 is due on the first day of the month following the Tax on Down Payment: $ 0.00 Production Date, followed by 239 monthly Lease Payments in the amounts set forth on Exhibit 1, due on the 15t of each First Lease Payment: $68,04 -month. The total of your. monthly Lease Payments is $ Tax on first Lease Payment:, $0` - 0`"Delivery/Installation Del ivery/I n stallationFee: None. Total first lease payment: $$68.04 Total due at Delivery (Production Date): 0 C. Other Charges (not part of your monthly payment, if D. Total of Payments: any) The total amount you will have paid to NRG RSS by the end $ N/A of the Lease Term is: $ 21,717.32. $ N/A Total: $ N/A E. Purchase Options: F. Other Important Terms. See the remaining sections of If you are not in default under this Lease, you will have this Lease for additional information on early termination, an option to purchase the Solar System at the seventh purchase options and maintenance responsibilities, (7"') anniversary of the Production Date and at the warranties, late and default charges, insurance and any expiration of the Lease Term, each at the purchase security interest, if applicable. prices set forth on Exhibit 1. See Section 8.2 of this . Lease for more information. NRG RSS shall, at its sole discretion, and without your consent or prior notice to you, select and procure the equipment and materials to be used to construct and maintain the Solar System described above. You agree. that the Solar System size noted above is an estimate and the actual size may vary from the above description, provided, however, that any variation of such Solar System size shall not materially affect the terms of this Lease, including the Performance Guarantee or Lease Payments. The performance or non-performance by the Installer or its subcontractors of any promise outside the typed words of this Lease will have no bearing on NRG RSS' or your obligations under this Lease. See Sections 3.8 and 3.9. 1. LEASE 1.1. Lease. This solar power system lease (this "Lease") is the agreement between "you" (which includes the property owner and any co-owner listed above, together with any estates, heirs, successors and permitted assigns), and NRG Residential Solar Solutions LLC, a Delaware limited liability company (together with its successors Lease Number: 10-0049128039-000-0000 -1- Version Date: May 2014 . nrg.'' DocuSign Envelope ID: 446519BE-D147-4B2C-BC20-83C4652055BB and assigns, "NRG RSS" or "we" or "us") covering the lease to you of the solar power system described above (the "Solar System"). This Lease includes the following five (5) exhibits: Exhibit 1 shows the monthly Lease Payments due each month during the Term of this Lease, as well as the Prepayment Amount; Exhibit 2 is the notice of cancellation that you must sign and return according to the instructions therein in order to exercise your statutory right to cancel this Lease; Exhibit 3 is a list of additional rights you may have based on the state in which the Solar System will be installed; Exhibit 4 is the Limited Warranty and Performance Guarantee (as defined in Section 2.2 below); and Exhibit 5 shows the ownership of the Environmental Attributes and Incentives (as described in Section 6 below). 1.2. Property: Production Date; Term. The Solar System will be installed by the "Installer' chosen by NRG RSS (listed above, or NRG RSS may change the Installer by written notice to you) and its subcontractors on NRG RSS' behalf at the home and property at the installation address listed above (the "Property"). The "Production Date" is the day the Solar System is interconnected with the utility's electrical transmission grid and starts producing power. NRG RSS relies on a written report from Installer to establish the Production Date. NRG RSS will lease the Solar System to you for a period of twenty (20) years from the first day of the month following the Production Date (the Lease's "Term"). NRG RSS will invoice you after the Production Date. 1.3. When this Lease becomes Effective. This Lease shall not be effective unless and until it is signed by you and by NRG RSS. NRG RSS MAY REJECT THIS LEASE BEFORE SIGNING IT. NRG RSS SHALL HAVE NO OBLIGATIONS UNDER THIS LEASE UNLESS AND UNTIL IT SIGNS THIS LEASE. PAYMENTS 2.1. Payments: _ (a) You are responsible for paying the Down Payment as forth in Box A on Page 1 of this Lease. Mail your check or money order for the Down Payment (if any) to: NRG Residential Solar Solutions Attention Accounts Payable Department P.O. Box 1304 Houston, TX 77251-1304 (b) During the Term of the Lease, you are responsible for making the monthly Lease Payments as set forth on Exhibit 1. Your first monthly payment will be due on the first day of the month following the Production Date. (c) If you elect to make automatic monthly Lease Payments from your checking or savings account for the remaining balance of the Lease Term, then you will receive a credit of forty dollars ($40) to your account after three consecutive months of automatic monthly Lease Payments ("ACH Credit'). The monthly Lease Payments listed above do not reflect this ACH Credit. The ACH Credit, if applicable, will be identified on your invoice and credited to your account after you make three consecutive automatic monthly Lease Payments. 2.2. Prepayment. At any anniversary of the Production Date during the Term, you may elect to prepay all of your remaining Lease Payments during the Term (excluding any renewal terms) by paying NRG RSS a prepayment amount (the "Prepayment Amount") as set forth on Exhibit 1. If you pay the Prepayment Amount, you will have no further Lease Payments, but it will not change either party's other rights or obligations under this Lease or under the included limited warranty and performance guarantee we are providing you for the Solar System (the "Limited Warranty") attached as Exhibit 4. 2.3. Estimated Taxes. (a) The Down Payment, monthly Lease Payments and the Prepayment Amount do not include taxes. You agree to pay any sales and use taxes on the Down Payment, Prepayment Amount or Lease Payments; and any personal property taxes, license and registration fees, assessments, and other taxes, fees, and governmental charges on or related to the Solar System, as invoiced by NRG RSS or invoiced directly by your local jurisdiction, unless prohibited by law. (b) Based on current tax rates as of the date you are signing this Lease, the estimated personal property, sales and use taxes you will pay on the monthly Lease Payments during the Term are $ 0.00. (c) If you become the owner of the Solar System, you agree to pay directly or reimburse NRG RSS for any related sales and transfer taxes, fees, and charges, unless prohibited by law. Lease Number: 10-0049128039-000-0000 -2- DocuSign Envelope ID: 44B519BE-D147-4B2C-BC20-83C4652055BB 2.4. Late Fee: Returned Check Fees. Additionally, you agree: (a) to pay interest on payments more than thirty (30) days past due of 1 % per month, or as set forth on Exhibit 3 but. not more than the maximum interest rate permitted by law, together with any reasonable collection costs, aftomeys' fees, court costs, and post -judgment collection fees; and (b) to pay a return check fee or payment denial fee of $25, but not more than the maximum permitted by law each time your bank refuses or returns your check or automatic payment under Section 2.5. 2.5. Method of Payment. When NRG RSS executes this Lease, you will be responsible for setting up your monthly Lease Payments (if any) with NRG RSS by submitting a copy of a voided check via mail or by secure fax: NRG Residential Solar Solutions Attention Accounts Payable Department P.O. Box 1304 Houston, TX 77251-1304 Secure Fax: 1-866-781-0407 2.6. ABSOLUTE PAYMENT OBLIGATION. THIS IS A NET LEASE AND YOU ARE NOT ENTITLED TO ANY REDUCTION OF LEASE PAYMENTS OR ANY OTHER AMOUNTS PAYABLE UNDER THIS LEASE. ALL LEASE PAYMENTS AND OTHER AMOUNTS PAYABLE BY YOU UNDER THIS LEASE SHALL BE MADE ABSOLUTELY AND UNCONDITIONALLY WITHOUT SET-OFF; COUNTERCLAIM, RECOUPMENT, DEFENSE OR OTHER RIGHTS THAT YOU MAY HAVE AGAINST ANY PERSON WHATSOEVER. 3. INSTALLATION PROCESS AND. CHANGES 3.1. Conditions to Installation? NRG RSS' obligation; to install `and lease the Solar System is conditioned upon completion of the following, to our reasonable satisfaction: (a) approval of this Lease by our financing partners, (b) our receipt of all required building, land use, zoning, and other permits and approvals, (c) our confirmation that all Incentives will be available in the amounts as estimated to calculate the Lease Payments; and (d) completion of real estate due diligence (including without limitation confirmation that your Property is at least 300 yards from any golf course) and an on-site engineering inspection to determine whether your Property is suitable for installation and operation of the Solar System. If we determine that any of the above conditions will not be satisfied in a timely manner due to any reason beyond our reasonable control, or if we determine that the economic terms or other circumstances make it impracticable to install or maintain the Solar System, then we may cancel this Lease by refunding any Down Payment you paid, and we will not owe you any other amounts under this Lease. 3.2. System Design and Approval. Before installation of the Solar System, you will receive a copy of the Solar System's design, after which you will have five (5) business days to approve the design or to request a change to it. If you do not approve the design or request to change the design of the Solar System within this period, we may deem you to have cancelled the Lease, or we may deem you to have approved the design if you do not respond within five (5) business days of our follow-up written notice. The Solar System may be installed at any time after we get your approval. If you request a change to the design of the Solar System before installation starts, we will use commercially reasonable efforts to accommodate your request, but in the event such change increases the cost of the Solar System or its installation, or decreases the expected output of the Solar System, you must agree to (i) a corresponding increase in the Lease Payments, and (ii) if applicable, a corresponding decrease in the Guaranteed Power (as defined in the Limited Warranty). Such changes to the Lease Payments and any agreed changes to the Solar System specifications in this Lease will be documented in an amendment to this Lease signed by you and NRG RSS. NRG RSS may, in its sole discretion and without your consent or prior notice to you, authorize the installation of equipment and materials that differs from the approved Solar System design but which is of like kind and quality, provided that any such substitute equipment will not affect the terms of this Lease, including the size of the Solar System (KW DC installed) as stated above, the Performance Guarantee or Lease Payments. 3.3. Right to Cancel Lease Due to Significant Change from Initial Estimates. If we determine that the Solar System's size, cost, or energy production will be more than seven percent (7%) different from our initial estimates, either you or NRG RSS may cancel this Lease and NRG RSS shall refund any Down Payment you paid, and we will not owe you any other amounts under this Lease. If this Lease is terminated under this Section 3.3, then NRG RSS will work in good faith to offer you a new lease agreement that reflects the solar photovoltaic system appropriate for your Property which you may accept or reject at your discretions Lease Number: 10-0049128039-000-0000 -3- n�9a DocuSign Envelope ID: 44B519BE-D147-4B2C-BC20-83C4652055BB 3.4. Excluded Work. This Lease does not require NRG RSS or the Installer to perform any of the following excluded work in connection with the installation of the Solar System at the Property: (i) removal, disposal, or remediation of any hazardous materials; (ii) removal, disposal, or remediation of any fungus, mold, mildew, or other organic pathogens; (iii) removal or replacement of structural deterioration, rust, rot, or insect -infestation; (iv) replacement or improvement to the existing roof or structural framing; (v) replacement or improvement to the existing electrical system; (vi) replacement or improvement to bring any portion of the existing Property up to local code; (vii) correction of any construction errors, omissions, or deficiencies by you or your contractors (other than the Installer); (viii) installation of sprinklers, smoke detectors, or life safety equipment required by inspectors or the law as a result of the installation of a Solar System; (ix) removal, replacement, or relocation of any vegetation, existing equipment, or other existing obstacles; (x) relocation of any items that are not associated with a Solar System: (xi) painting of electrical boxes or conduit; or (xii) municipal design or architectural review or any other specialty permits or attendance at public hearings, notification of neighbors, or additional drawings in connection with the foregoing. If any of the foregoing excluded work must be performed in order to install properly the Solar System, you agree to contract separately with the Installer or a third -party contractor to perform the excluded work, at your expense. 3.5. Documentation: Permits. You agree to execute and to assist NRG RSS and Installer in obtaining all documentation and permits related to the Solar System in a timely manner, including Incentives and Net Metering Service applications, and to authorize NRG RSS or Installer to make corrections to the utility paperwork to conform to this Lease or any amendments to this Lease that both parties sign. If Installer or NRG RSS is unable to obtain any Incentives solely as a result of your delay in assisting either NRG RSS or Installer, your Lease Payments will be increased to account for the Incentives that we or the Installer was unable to obtain. 3.6. Waste Materials. At of the end of each day during the installation of the Solar System, Installer will ensure the Property is reasonably free from accumulation of waste materials caused by the installation of the Solar System. 3.7. Cancellation Due to Delav:` (a) If Installer fails for a period of sixty (60) days after you approve the design, to start the 1.installation of the Solar System as required by this Lease, and if you have performed all of your duties under this Lease, then so long as the delay is not due to a utility, you or NRG RSS may cancel this Lease and NRG RSS will refund to you any Down Payment you paid. (b) If you cause the installation or setup of the Solar System to be delayed for a period of sixty (60) or more days after we get your approval of the design, NRG RSS may cancel this Lease without refunding the Down Payment. 3.8. Installer Not NRG RSS' Agent. Installer is an independent contractor of NRG RSS and not the agent of NRG RSS and has no authority to modify this Lease, the Limited Warranty or any other document or agreement between you and NRG RSS. Installer and its subcontractors are not parties to this Lease or the Limited Warranty. 3.9. No Side Agreements. NRG RSS has no obligation, responsibility or liability for any promises made by Installer or its subcontractors outside of the typed words of this Lease, including any changes to this Lease handwritten by Installer or a subcontractor, any work order or change order not executed by NRG RSS, including without limitation any agreement to perform work excluded from this Lease under Section 3.4. The performance or non- performance by the Installer or its subcontractors of any promise outside the typed words of this Lease will have no bearing on NRG RSS' or your obligations under this Lease. 4. YOUR SOLAR SYSTEM OBLIGATIONS 4.1. General Obligations. You agree: (a) to notify us immediately if any part of the Solar System is stolen or damaged, or if any other emergency situation exists regarding the Solar System; (b) to notify us within 24 hours after you believe that the electronic monitor is not working properly or that the Solar System is otherwise not working properly; (c) to allow the Solar System to be moved, removed, or repaired only according to the Limited Warranty, and to cooperate with those repairs; (d) not to do anything to the Solar System that invalidates or voids the Limited Warranty; (e) not to change or remove the tags or markings on the Solar System; (f) not to do anything to your Property that shades the Solar System and to trim trees, Lease Number: 10-0049128039-000-0000 -4- nrV. DocuSign Envelope ID: 44B519BE-D147-4B2C-BC20-83C4652055BB shrubs, and other vegetation that shade the Solar System more than it was shaded at the date you signed this Lease; (g) not to do anything to your Property or allow any condition that results in the Solar System failing to perform as originally intended or in the Solar System no longer being connected to the local utility: (h) not to use the Solar System's electricity to heat a swimming pool; (i) that NRG RSS may periodically check your consumer credit report during the Term as allowed by applicable law but the results will not impact the Lease in any way; (j) to provide a safe work area at your Property for installing and maintaining the Solar System; and (k) to inspect and clean the solar panels from ground level if possible in a safe and prudent manner, including removing snow in a manner that does not scratch the panels and cleaning of the panels with water only (no pressure washers, no chemicals) in temperatures between 45 and 85 degrees Fahrenheit. 4.2. Access Riahts. You will cooperate reasonably with and give us, the Installer, and our other contractors and agents reasonable access to all of the Property: (a) to design, install, test, operate, inspect, improve, repair, replace, move, and remove the Solar System and any related equipment near the Solar System or necessary to interconnect the Solar System to the electrical system of your Property or your local utility; (b) to take any other action relating to the Solar System, this Lease, or the Limited Warranty; and (c) to allow NRG RSS to enforce its rights under this Lease and under applicable law. We will notify you before we enter your Property, if commercially reasonable, and will reasonably cooperate to schedule our visits at convenient times. We may access your Property until one hundred twenty (120) days after the Term of this Lease expires, for us or our contractors or agents to remove the Solar System from your Property as permitted by this Lease. 4.3. Preservation of Access and Ownership Rights. You grant NRG RSS the right to reasonably access the Property with respect to the Solar System and this Lease, and a right to preserve our access and ownership rights of the Solar System. NRG RSS may file an appropriate record evidencing our ownership and interest in and to the Solar System in the appropriate property records where the -Property is located. If -we request, you agree to complete, execute, and return within ten (10) business days any documents that we deem reasonably necessary to preserve our access and ownership rights in the Solar System. 4.4. Monitor; Net Metering Service. You agree to use an electronic monitor that will be provided and installed at no additional cost to you. The electronic monitor will measure all electricity delivered to you from the Solar System. You must not tamper with, modify, or damage the electronic monitor. -See Section 7 of the Limited Warranty in Exhibit 4 for additional monitoring requirements. Additionally, you must use the applicable net metering service ("Net Metering Service") available from your local utility, or if Net Metering Service is not available from your local utility or is discontinued, a net metering program chosen by NRG RSS. NRG RSS reserves the right to take certain actions (including with the utility on your behalf) so that the Solar System maintains Net Metering Service, 4.5. Photos. You agree we can take photos of the Solar System and use the photos and any graphical representations of the Solar System in our marketing or other promotional materials. Such photos, if taken, shall not include any identifiable information concerning the location of the Property or Your identity. 4.6. Consumer Credit Reports: Pre -Screen Opt -Out Disclosure: By signing this Lease, you agree that NRG may: (a) access your consumer credit report(s) and credit score(s) with all or any of the following entities: Experian, TransUnion, Equifax, FICO, or any other entity that provides consumer financial information; and (b) disclose information obtained under Section 4.6(a) to NRG RSS's affiliates and its actual or prospective financing partners, investors, insurers, and acquirors of all or a portion of our business or assets for the purpose of evaluating your creditworthiness. NRG RSS may have prescreened your credit. Prescreening of credit does not impact your credit score. You can choose to stop receiving "prescreened" offers of credit from this and other companies by calling toll-free, 1-888- OPTOUT (1-888-567-8688). 5. OWNERSHIP OF SOLAR SYSTEM AND ELECTRICITY 5.1. Ownership of Solar System. You agree that NRG RSS is the owner of the Solar System and all data related to the performance and kWh production of the Solar System, and that the Solar System is NRG RSS' personal property for purposes of the Uniform Commercial Code and shall not be considered a fixture on the Property. You agree to keep the Solar System free and clear of all claims, liens, levies, and other charges and encumbrances not created by NRG RSS. 5.2. Loss or Damage to Solar System. You will be responsible for loss and damage to the Solar System caused by you or anyone you invite onto the Property. NRG RSS will bear all other risk of loss and damage to the Solar System. If the Solar System suffers loss or damage, NRG RSS shall timely repair the Solar .1 .4 Lease Number: 10-0049128039-000-0000 -5- niV. DocuSign Envelope ID: 44B5198E-D147-4B2C-BC20-83C46520556B System and you shall continue to pay the Lease Payments and you shall not be excused from any of your other obligations under this Lease. 5.3. Ownership of Electricity: Additional Electricity. You will be the owner of all electricity produced by the Solar System during the Term and you will have control and title to electricity produced by the Solar System prior to the time, if any, when it is delivered to the distribution grid and transferred to the local utility. You acknowledge and agree that if you need more electricity than the Solar System produces you will be solely responsible for purchasing such additional electricity from your utility. 6. OWNERSHIP OF ENVIRONMENTAL ATTRIBUTES AND INCENTIVES 6.1. Environmental Attributes. In this Lease, ".Environmental Attributes" means all existing and future fuel, emissions, air quality, and other environmental characteristics, credits, benefits, reductions, offsets, and allowances (including SRECs green tags and carbon and other emissions offsets): (i) resulting from the generation or use of electricity by the Solar System, (ii) resulting from the avoidance of the emission of any gas, chemical or other substance to the air, soil or water attributable to the generation or use of electricity by the Solar System, or (iii) arising out of any law, rule or regulation, in each case whether federal, state, or local. 6.2. Incentives. In this Lease, "Incentives" means all Environmental Attributes, plus all existing and future tax credits, depreciation, and other tax benefits, treasury and other cash grants, utility and other rebates, incentives, subsidies, and renewable energy credits and certificates related to the Solar System (including its installation, operation, ownership, and generation of electricity) and any other non -power characteristics of the Solar System, in each case whether federal, state, or local. 6.3. Rights in Incentives. Our ability to use the Incentives effectively allows us to offer you the Lease on all of the terms you see here. Therefore, unless expressly stated otherwise on Exhibit 5 or an amendment to this Lease executed by both you and NRG RSS, all Incentives -shall be the sole property of NRG RSS to use as we see fit, whether those benefits exist now or in the future. You, hereby assign to NRG RSS all of your existing and future rights to the Incentives and their benefits, including any amounts paid or payable to you in respect of the Incentives. You agree to cooperate reasonably and to assist NRG RSS in obtaining the Incentives and their benefits, including by completing and filing and correcting any applications and assignments. 6.4. Claims and Representations. Unless expressly stated otherwise on Exhibit 5 or an amendment to this Lease executed by both you and NRG RSS, NRG RSS owns all right, title, and interest in and to the Incentives associated with the electricity produced by the Solar System. You acknowledge and agree that for federal, state and local policy incentive purposes the Environmental Attributes of the electricity generated by the Solar System are solely owned by NRG RSS and that the electricity you receive from the Solar System is no longer considered renewable energy or solar power for the purposes of federal, state and local policy incentive purposes, and you further agree not to make any claims or representations to the contrary which would conflict with the rights of NRG RSS to such Environmental Attributes and Incentives. 7. WHAT HAPPENS IF YOU TRANSFER YOUR HOME If you sell or otherwise transfer your Property before the end of the Term you must choose one of the following options: (a) you may purchase the Solar System (see Section 8.2), or (b) if the new owner agrees to take on this Lease, you may transfer your rights and obligations under the Lease to the new buyer if one of the following is true: i) you have already prepaid all Lease Payments in accordance with Section 2.2; ii) you still owe some Lease Payments and the new owner meets our credit requirements; If the new owner does not meet our credit requirements and you still owe some Lease Payments you may transfer your remaining rights and obligations under this Lease to the new owner only if you prepay the remaining Lease Payments under Section 2.2 for the Prepayment Amount described on Exhibit 1. In any case, we will not charge you or the new owner a fee for the transfer. You will remain liable for all of your obligations under this Lease and for any default by the new owner until you, the new owner, and NRG RSS have signed a transfer agreement under which all of your remaining rights and obligations under this Lease are transferred from you to the new owner, and at that point you will be released from any further obligations under this Lease. You must give us at least one (1) month's, but not more than four (4) month's, prior written notice if you want to transfer any of your rights and obligations under this Lease to someone else. If you do not purchase the Solar System or transfer the Lease according to this Section, you will be in default of this Lease (see Section 10). Lease Number: 10-0049128039-000-0000 -6- DocuSign Envelope ID: 44B519BE-D147-482C-BC20-83C4652055BB EXCEPT AS PROVIDED ABOVE IN THIS SECTION 7, YOU SHALL NOT SELL, PLEDGE, ASSIGN, SUBLEASE, OR TRANSFER YOUR RIGHTS OR OBLIGATIONS UNDER THIS LEASE OR YOUR INTEREST IN THE SOLAR SYSTEM WITHOUT OUR PRIOR WRITTEN CONSENT, WHICH WE MAY WITHHOLD IN OUR SOLE DISCRETION. WHAT HAPPENS AT THE END OF THE TERM 8.1. Renewina this Lease. This Lease will expire at the end of the Term unless you elect to renew it. You have the right to renew this Lease once, for a period of five (5) years, so long as you meet NRG RSS' credit requirements. The Lease Payments during the renewal period will be based on the fair market value of the Solar System as of the first day of the renewal period, as determined by us based on readily available independent information or, at your request, as determined by an independent appraiser paid by you. Such Lease Payments will be set forth in renewal forms we send you approximately three (3) months before the end of the Term. To renew this Lease, you must complete, sign, and return the renewal forms no later than one (1) month before the end of the Term. If you renew this Lease, the Term will be extended by an additional five (5) years. . Solar System: 8.2. Purchasing the Solar System. (a) If you are not in default under this Lease, you will have the option to purchase the 1. At the seventh (7"') anniversary of the first Lease Payment due date, at the Purchase Option Price for such anniversary on Exhibit 1. 2. At the expiration of the initial Term, for the Purchase Option Price for such time on Exhibit 1. 3. If you sell or otherwise transfer your Property during the Term, for a price to be determined by NRG RSS using commercially reasonable methods, that is not less than the then appraised fair market value of the Solar System. (b) To purchase the Solar.System, you must notify us at least thirty (30) days, but not more than one hundred eighty (180) days, prior to the applicable Purchase Option Date and you must pay the amounts due within thirty (30) days of receiving the invoice we send you. "Purchase Option Date" means each of the 7"' anniversary of the Production Date, the expiration of the initial Term, and the date you sell or transfer your Property during the Term. (c) Once we have received and processed your payment in full, this Lease shall terminate and you shall become the owner of the Solar System conveyed to you "as is, where is" as of the date we process your payment. NRG RSS will make commercially reasonable efforts to transfer any equipment warranties (as allowed per their terms) to you as the new owner of the Solar System. 8.3. Taking Other Actions. If you do not renew this Lease or exercise your option to purchase the Solar System at the end of the Tenn, then within ninety (90) days after the Term expires: (a) if you are not in default under this Lease at the end of the Term and we request to remove the Solar System, then we may remove the Solar System at no cost to you; (b) if you are in default under this Lease at the end of the Term and we request to remove the Solar System, then you will pay for us to remove the Solar System; or (c) if you are not in default under this Lease at the end of the Term and we have not requested to remove the Solar System, then you may request in writing that we remove the Solar System at no cost to you within one hundred twenty (120) days after we receive your removal request. 9. WARRANTY DISCLAIMER EXCEPT AS EXPRESSLY PROVIDED IN THIS LEASE, NRG RSS MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SOLAR SYSTEM OR ITS INSTALLATION, DESIGN, OR PERFORMANCE. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE STATE LAW, NRG RSS DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, HABITABILITY, OR FITNESS FOR A PARTICULAR USE OR PURPOSE. 10. DEFAULT 10.1. EVENTS OF DEFAULT. YOU WILL BE IN DEFAULT OF THIS LEASE IF YOU SELL, PLEDGE, ASSIGN, SUBLEASE, OR TRANSFER YOUR RIGHTS OR OBLIGATIONS UNDER THIS LEASE OR YOUR INTEREST IN THE SOLAR SYSTEM WITHOUT OUR PRIOR WRITTEN CONSENT. Additionally, you will be in default if (a) you do not make a payment within ten (10) days after each due date; (b) you violate any other �. �ilr Lease Number: 10-0049128039-000-0000 -7- erg° DocuSign Envelope ID: 44B519BE-D147-482C-BC20-830465205568 obligation under this Lease and such violation continues for fifteen (15) days after you receive written notice; or (c) you provide false or misleading information to us. You will also be in default if you voluntarily commence bankruptcy, insolvency, reorganization, stay, or similar debtor -relief proceedings, or if any of the foregoing proceedings are brought involuntarily against you, or if you become insolvent or generally do not pay debts as they become due, or admit in writing your inability to pay debts, or make an assignment for the benefit of creditors, or if a writ of attachment or execution is levied on the Solar System and is not released or satisfied within ten (10) days, or if a receiver is appointed in any proceeding or action to which you are a party with authority to take possession or control of the Solar System, or if you have defaulted on your mortgage or the Property is subject to foreclosure. 102_ Remedies. If you are in default under this Lease, we have the right to take one or more of the following actions and any other action available to us under this Lease or at law or in equity: (a) take action to prevent loss, correct your default, or otherwise enforce performance of this Lease, by court action or otherwise- (b) terminate this Lease and your interest in the Solar System; (c) require you to return the Solar System at your cost or allow us to access the Property and remove and return the Solar System at your cost; (d) take back the Solar System with or without court order or other process of law, so long as we are withinour rights under the law; and (e) recover damages for your breach, including (i) all accrued and unpaid Lease Payments, taxes, fees, penalties, interest and all other amounts then accrued or due and owing under this Lease, plus (ii) the unpaid balance of the remaining Lease Payments, as described by the Prepayment Amount set forth on Exhibit 1, plus (iii) if within the first five (5) years following the Production Date, then reasonable compensation (on a net after tax basis assuming a tax rate of 35%) for the loss or recapture of (A) the investment tax credit or cash grant equal to 30% of the basis of the Solar System for U.S. federal income tax purposes; (B) any other Incentives or their benefits (in respect of which NRG RSS will provide you with a detailed calculation of the resulting compensation if NRG RSS makes a claim for such compensation), and (C) accelerated depreciation over six (6) years equal to 85% of the Solar System cost, including installation. Additionally, you agree to pay us for all reasonable costs and expenses we incur due to your default, including costs and expenses to prevent loss, correct your default, remove the Solar System, or take other action permitted under this Lease. If we chose to exercise a remedy, we are not restricted from exercising other remedies. If we choose not to exercise a remedy, we are not restricted from exercising it in the future. - Ir 11. INSURANCE;. INDEMNITY; LIMITATION OF LIABILITY - - 11.1. NRG RSS Insurance. NRG RSS will insure the Solar System at no additional cost to you against loss and damage, excluding loss and damage that is caused by your gross negligence or intentional misconduct. 11.2. Your Insurance. You must insure your Property during the Term under a homeowner's insurance policy or substantially similar coverage. You are responsible for notifying your insurance provider of the Solar System's installation on your Property, of determining whether the Solar System impacts your existing insurance coverages, for making any necessary additions or corrections to your insurance policy and for the consequences of failing to make such additions or corrections. 11.3. INDEMNITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS NRG RSS AND ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS ("NRG RSS PARTIES") FROM ALL CLAIMS, ACTIONS, LOSSES, LIABILITIES, DAMAGES, JUDGMENTS, ENCUMBRANCES, AND COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES) OF ANY KIND OR NATURE WHICH ARISE OUT OF OR RESULT FROM YOUR NEGLIGENCE OR WILLFUL MISCONDUCT, FROM THE ELECTRICITY PRODUCED BY THE SOLAR SYSTEM, OR ARISE OUT OF OR RESULT FROM THE PRESENCE, DISTURBANCE, UNCOVERING, UNVEILING, RELEASE OR MOVEMENT OF ANY HAZARDOUS OR TOXIC SUBSTANCE, MATERIAL OR WASTE, OR ANY OTHER SUBSTANCE, POLLUTANT OR CONDITION THAT POSES A RISK TO HUMAN HEALTH OR THE ENVIRONMENT ON THE PROPERTY THAT WAS NOT BROUGHT ONTO THE PROPERTY BY NRG RSS OR THE INSTALLER PROVIDED THAT YOU SHALL NOT BE REQUIRED TO INDEMNIFY ANY NRG RSS PARTY FOR ITS OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THIS SECTION 11.3 SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS LEASE. 11.4. Limitation of Liability. To the extent permitted by state law, notwithstanding any other provision of this Lease, your total liability under this Lease, excluding claims under Section 11 -3, shall not exceed the maximum amount that could be payable by you under Section 10.2. Notwithstanding any other provision of this Lease, NRG RSS' total liability under this Lease shall not exceed the sum of the Lease Payments over the entire Term of this Lease, reduced by all amounts paid by NRG RSS under the Limited Warranty. THIS AMOUNT OF LIABILITY IS YOUR SOLE AND EXCLUSIVE REMEDY, AND YOU HEREBY WAIVE ALL OTHER REMEDIES OR DAMAGES AT LAW OR EQUITY, INCLUDING ANY DAMAGES FOR NEGLIGENCE OR STRICT LIABILITY OR ANY OTHER GREATER RIGHTS THAT YOU MIGHT HAVE UNDER THE LAWS OF THE STATE THE PROPERTY IS LOCATED IN, WHICH YOU SHOULD CONSULT. 11.5. No Consequential Damages. Each party may only recover direct damages under this Lease. In no event shall you or NRG RSS, its employees, contractors, or agents be liable under this Lease for, ' ,w Lease Number: 10-0049128039-000-0000 -8- nig° DocuSign Envelope ID: 44B519BE-D147-4B2C-BC20-83C4652055BB nor shall a court or arbitrator assess, any indirect, incidental, or consequential losses or damages, including losses of use, profits, business opportunity, reputation or financing, or any punitive damages, special damages, mental anguish damages, or pain and suffering damages, whether arising in contract, warranty, tort (including negligence), strict liability or otherwise. Ii f:Tt1r0STLI 12.1. Arbitration of Claims: Waiver of Jury Trial. Unless prohibited by State law, any dispute, disagreement or claim between you and NRG RSS arising out of or in connection with this Lease, or the Solar System, which cannot be amicably resolved by the parties shall be submitted to final and binding arbitration in a location that is a convenient distance from the Property for you, in accordance with Commercial Arbitration Rules of the American Arbitration Association including the Supplementary Procedures for Consumer -Related Disputes, if applicable(the "AAA Commercial Rules"), except as provided in Section 12.7. This agreement to arbitrate is governed by the Federal Arbitration Act. While a dispute, disagreement or claim is being resolved under this Section 12, both parties shall continue to perform their obligations under this Lease. The arbitration shall be conducted by one arbitrator appointed in accordance with the AAA Commercial Rules. YOU AND NRG RSS AGREE THAT BY ENTERING INTO THIS LEASE, YOU AND WE ARE WAIVING THE RIGHT TO A JURY TRIAL. IN ADDITION, EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. OTHER RIGHTS THAT YOU OR NRG RSS WOULD HAVE IN COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION. 12.2. Finality of Award. Unless prohibited by State law, the parties agree that the award of the arbitrator (the "Arbitration Award'): (i) shall be conclusive, final, and binding upon the parties; and (ii) shall be the sole and exclusive remedy between the parties regarding any and all claims and counterclaims presented to the arbitrator. The judgment on the Arbitration Award may be entered in any appropriate court as necessary to pursue judgment. 12.3. Governinc :Law. This Lease shall be, governed by the laws of the State where the Property is located (without giving effect to.internal principles of conflict of laws). The -Arbitration: Award shall be based exclusively on the provisions of this Lease. In addition, yin the case of any conflict between the provisions of the AAA Commercial Rules and the provisions of this Lease, the provisions of this Lease shall govern. 12.4. Notice; Demand for Arbitration. Prior to filing a demand for arbitration, a party must first give the other party at least fifteen (15) days' prior written notice of its intent to file the demand. All notices to be given in connection with the arbitration shall be as provided in Section 13. Demand for arbitration must be filed within one (1) year after accrual of the cause of action asserted by the complaining party. If the complaining party fails to file the demand for arbitration within that time, the claim shall be deemed to be waived and shall be barred from either arbitration or litigation. 12.5. Payment. The Arbitration Award shall be made and shall be payable free of any tax or any other deduction. The Arbitration Award shall include interest, at a rate determined as appropriate by the arbitrator, as of the date of any breach or, other violation of this Lease to the date when the Arbitration Award is paid in full. 12.6. Expenses. The prevailing party in any such arbitration shall be awarded all costs of arbitration and enforcement of the Arbitration Award, including reasonable attorneys' fees and court costs, costs of expert witnesses, transportation, lodging and meal costs of the parties and witnesses, costs of transcript preparation, and other costs. 12.7. Specific Performance. In the event of any breach by a party of this Lease which would cause any non -breaching party to be irreparably harmed or for which such non -breaching party could not be made whole by monetary damages, then in such circumstances such non -breaching party, in addition to any other remedy to which it may be entitled at law or in equity, shall be entitled to equitable relief, including injunctive relief and specific performance, in any action instituted in a court of applicable jurisdiction. 13. NOTICES All notices and other communications required or permitted under this Lease shall be properly given by the sending party when made in writing and: (i) delivered by a reputable courier service requiring signature for receipt; (ii) mailed by certified or registered first-class mail, post prepaid, with a return receipt requested; (iii) sent by fax as evidenced by a printed confirmation from the sending party's fax machine; or (iv) emailed, in each case to the other party's address set forth above or such other address notified by the other party in writing from time to time. The parties agree that any faxed or emailed document shall be deemed an original document, however all notices of arbitration must be sent according to (i) or (ii) in the preceding sentence. 14. ASSIGNMENT Lease Number: 10-0049128039-000-0000 -9 ° DocuSign Envelope ID: 44B519BE-D147-4B2C-BC20-83C4652055BB 14.1. NRG RSS. NRG RSS may transfer, sell, or otherwise assign all or any of its rights and/or obligations under this Lease or any Incentive to another parry, without your consent and without prior notice to you. Upon such transfer, sale or assignment, NRG RSS shall be released from all future obligations under this Lease. 14.2. You. Except as provided above in Section 7, you shall not sell, pledge, assign, sublease, or transfer your rights or obligations under this Lease or your interest in the Solar System without our prior written consent, which we may withhold in our sole discretion. 15. NO THIRD PARTY BENEFICIARIES; MISCELLANEOUS No person that is not a party to this Lease has any right to enforce any term of this Lease. All rights, powers and remedies provided under this Lease are cumulative and not exclusive of any rights, powers, or remedies provided by applicable law or otherwise. Neither of us shall be deemed to have waived any right or remedy under this Lease by reason of such party's delay or failure to enforce such right or remedy. The terms of this Lease that expressly or by their nature survive termination shall continue after the termination until fully performed. This Lease may be executed in one or more counterparts, each of which shall be deemed an original and all of which collectively shall be deemed one and the same instrument. 16. ENTIRE AGREEMENT; RELATIONSHIP TO LIMITED WARRANTY THIS LEASE INCLUDING ALL EXHIBITS CONTAINS THE PARTIES' ENTIRE AGREEMENT REGARDING THE LEASING OF THE SOLAR SYSTEM, UNLESS MODIFIED IN THE STATE SPECIFIC EXHIBIT, EXCEPT FOR INCREASES TO THE LEASE PAYMENTS UNDER SECTIONS 3.2 AND 3.5, THIS LEASE MAY ONLY BE CHANGED BY AN AMENDMENT IN WRITING SIGNED BY YOU AND NRG RSS. IF THIS LEASE TERMINATES, THE LIMITED WARRANTY SHALL AUTOMATICALLY TERMINATE. NRG RSS MAY ASSIGN ALL OR ANY PORTION OF THIS LEASE WITHOUT ASSIGNING THE LIMITED WARRANTY AND, CONVERSELY, NRG RSS MAY ASSIGN ALL OR ANY PORTION OF THE LIMITED WARRANTY WITHOUT ASSIGNING THIS;LEASE. 17. YOUR SIGNATURE By signing this Lease, you represent that (i) if you are signing this Lease on your own behalf, you are both (a) at least eighteen (18) years of age and (b) an individual citizen or resident of the United States; (ii) if you are signing this Lease on behalf of a corporation (including an entity treated as a corporation for U.S. federal income tax purposes), such corporation is both (a) created or organized in or under the laws of the United States, any state thereof, or the District of Columbia and (b) not exempt from U.S. federal income taxation; (iii) if you are signing this Lease on behalf of an estate, both (a) such estate's income is subject to U.S. federal income taxation regardless of its source and (b) every person who has an ownership interest in the Property has agreed to be bound by this Lease; (iv) if you are signing this Lease on behalf of a trust, both (a) either (1) a court within the United States is able to exercise primary jurisdiction over administration of such trust and one or more United States persons have authority to control all substantial decisions of such trust or (II) such trust has a valid election in effect under the U.S. Treasury Regulations to be treated as a United States person and (b) every person who has an ownership interest in the Property has agreed to be bound by this Lease; or (v) if you are signing this Lease on behalf of an entity other than as described in clauses (ii), (iii), or (iv) of this Section 17, both (a) such entity is either (1) disregarded as an entity separate from its owner (within the meaning of U.S. Treasury Regulation Section 301.7701-2) and its owner is described by either clause (i), (ii), (iii), or (iv) of this Section 17 or (ll) a "domestic partnership" within the meaning of section 7701(a)(30)(B) of the Internal Revenue Code of 1986, as amended, and (b) such entity is not exempt from U.S. federal income taxation. n Lease Number: 10-0049128039-000-0000 -10- �IV° DocuSign Envelope ID: 44B519BE-D147-4B2C-BC20-83C4652055BB 18. DATE OF LEASE THE DATE OF THIS LEASE AND THIS TRANSACTION IS January 26, 2015. NOTICE TO RETAIL BUYER: DO NOT SIGN THIS LEASE IF THERE ARE ANY BLANK SPACES. YOU ARE ENTITLED TO A COPY OF THE LEASE AT THE TIME YOU SIGN. KEEP IT TO PROTECT YOUR LEGAL RIGHTS. 19. NOTICE OF RIGHT TO CANCEL YOU MAY CANCEL THIS LEASE AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE YOU SIGN THIS LEASE. SEE THE ATTACHED "NOTICE OF CANCELLATION" FORM IN EXHIBIT 2 FOR AN EXPLANATION OF THIS RIGHT. BY SIGNING BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS LEASE AND ITS EXHIBITS IN THEIR ENTIRETY, AND THAT YOU HAVE RECEIVED A COPY OF THIS LEASE. PROPERTY OWNER: Tyson Moore On Behalf: Docuffgggch4r: n_ Moore Signature: fi Sbvu �LbbVt, 2284BB828FEF4A2... NRG RESIDENTIAL SOLAR SOLUTIONS LLC By: -Name: Date: 26 January 2015 Title: Date: PROPERTY OWNER: Rebecca Moore On Behalf Of: Signature: otu& Nut 2284BB828FEF4A2... Date: 26 7anuary 2015 Contractor License No. (if required): NJ13VH06478300: NY50906-H: Licensing State: NJ To the extent applicable, any acceptance of this Lease by affirmation through the DocuSign Electronic Signature shall be deemed a binding acceptance of this Lease and shall be valid as a signature. Lease Number: 10-0049128039-000-0000 -11- DocuSign Envelope ID: 44B519BE-D147-4B2C-BC20-83C4652055BB Exhibit 1 LEASE PAYMENTS; PREPAYMENT AMOUNT 1. LEASE PAYMENTS During the Term, you agree to pay a monthly payment (the "Lease Payment') as set forth in the following table for each month during the twelve (12) month period starting on the applicable anniversary of the date your first Lease Payment is due under the Lease. You acknowledge that the Lease Payment amounts set forth below may increase under Sections 3.2 and 3.5 of the Lease. 2. PREPAYMENT AMOUNT; PURCHASE OPTION PRICE Each "Prepayment Amount' reflected in the following table is the amount you would pay if you elected to prepay the remaining Lease Payments under Section 2.2 of the Lease on the corresponding anniversary noted below of the first Lease Payment due date. However, if you prepay your remaining Lease Payments in connection with the transfer of the Property as described in Section 7, effective as of a date that is not an anniversary of the first Lease Payment due date, then NRG RSS will pro rate the Prepayment Amount due for the period from such effective date to the date of the next anniversary of the first Lease Payment due date. The "Purchase Option Price" is the greater of (a) the applicable amount set forth in the following table (b) or the then fair market value of the Solar System as determined by reference to a readily available independent source such as PV Value, available at www.pvvalue.com or similar. Anniversary of First Lease Payment Due Date Lease Payment $ per month Prepayment Amount $ Purchase Option Price 0 $ 68.04 N/A N/A 1 $ 70.01 N/A N/A 2 $ 72.04 N/A N/A 3 $ 74.13 N/A N/A 4 $ 76.28 N/A N/A 5 $ 78.49 N/A N/A 6 $ 80.77 N/A N/A 7 $ 83.11 $ 11,219.80 $ 13,369.69 8 $ 85.52 $ 10,756.95 N/A 9 $ 88.00 $ 10,199.03 N/A 10 $ 90.56 $ 9,681.94 N/A 11 $ 93.18 $ 9,055.98 N/A 12 $ 95.88 $ 8,361-98 N/A 13 $ 98.67 $ 7,606.75 N/A 14 $ 101.53 $6,769.87 N/A 15 $ 104.47 $ 5,864.95 NIA 16 $ 107.50 $4,878.39 N/A 17 $ 110.62 $ 3,803.38 N/A 18 $ 113.83 $ 2,633.11 N/A 19 $ 117.13 $ 1,367.58 N/A End of Initial Term N/A N/A $ 4,053. 84 3. TAXES NOT INCLUDED Each Lease Payment, Prepayment Amount and Purchase Option Price on this Exhibit 1 does not include any applicable taxes. See Section 2.3 for more information. 4. ACH CREDIT NOT INCLUDED Each Lease Payment above does not include the ACH Credit described in Section 2-1(c) of this Lease. The ACH Credit only applies to the monthly Lease Payments and does not apply to the Prepayment Amount or the Purchase Option Price. Lease Number: 10-0049128039-000-0000 Exhibit 1, Page 1 nrg° DocuSign Envelope ID: 44B519BE-D147-482C-BC20-83C4652055BB Exhibit 2 (Copy to send to NRG RSS) NOTICE OF CANCELLATION Statutorily -Required Language NOTICE OF CANCELLATION Date of transaction: 26 January 2015 You may CANCEL this transaction, without any Penalty or Obligation, within THREE BUSINESS DAYS from the above date. If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within TEN BUSINESS DAYS following receipt by the seller (NRG RSS) 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 (NRG RSS) at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale, or you may, if you wish, comply with the instructions of the seller (NRG RSS) regarding the return shipment of the goods at the seller's (NRG RSS') expense and risk. If you do make the goods available to the seller (NRG RSS) and the seller (NRG RSS) does not pick them up within 20 days of the date of your Notice of Cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller (NRG RSS), or if you agree to return the goods to the seller (NRG RSS) 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 NRG RESIDENTIAL SOLAR SOLUTIONS LLC, at P.O. Box 304; Houston, TX 77001 NOT LATER THAN MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE ABOVE DATE. I HEREBY CANCEL THIS TRANSACTION. (Date) (Lessee's signature) Lease Number: 10-0049128039-000-0000 Exhibit 2, Page 1 'rg, f DocuSign Envelope ID: 44B519BE-D147-4B2C-BC20-83C46520556B Exhibit 2 (Copy for Your Records) NOTICE OF CANCELLATION Statutorily -Required Language NOTICE OF CANCELLATION Date of transaction: 26 January 2015 You may CANCEL this transaction, without any Penalty or Obligation, within THREE BUSINESS DAYS from the above date. If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within TEN BUSINESS DAYS following receipt by the seller (NRG RSS) 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 (NRG RSS) at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale, or you may, if you wish, comply with the instructions of the seller (NRG RSS) regarding the return shipment of the goods at the seller's (NRG RSS') expense and risk. If you do make the goods available to the seller (NRG RSS) and the seller (NRG RSS) does not pick them up within 20 days of the date of your Notice of Cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller (NRG RSS), or if you agree to return the goods to the seller (NRG RSS) and fail to do so, then you remain liable for performance of all obligations under the contract.1. 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 NRG RESIDENTIAL SOLAR SOLUTIONS LLC, at P.O. Box 304; Houston, TX 77001 NOT LATER THAN MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE ABOVE DATE. I HEREBY CANCEL THIS TRANSACTION. (Date) (Lessee's signature) •spM Lease Number: 10-0049128039-000-0000 Exhibit 2, Page 2 nrg° ; DocuSign Envelope ID: 44B519BE-D147-4B2C-BC20-83C4652055BB Exhibit 3 - MA State Specific Rights - Massachusetts A. Contractor License Number and Notices. Even though you are leasing the Solar System, Massachusetts' law may consider this Lease to be a home improvement contract. Therefore, we are including the provisions and notices contained in this section, which you acknowledge by your signature below. 1. All home improvement contractors and subcontractors shall be registered by the Director of the Massachusetts Home Improvement Contractor Registration program, and any inquiries about a contractor or subcontractor relating to a registration should be directed to: Director Home Improvement Contractor Registration One Ashburton Place, Room 1303 Boston, MA 02108 (617)727-8598 2. The Massachusetts contractor license number for Roof Diagnostics Solar and Electric. LLC is NJ13VH06478300: NY50906-H: , and its Federal Taxpayer ID Number is 45-2247975. 3. The Federal Taxpayer ID Number for NRG RSS LLC is 27-4 572 97 0 4. The name of the salesperson who solicited or negotiated this Lease. S. It is the obligation of NRG RSS and/or its contractor or subcontractor to obtain all necessary permits for installation of the Solar System. Homeowners who secure their own permits are ineligible for the guaranty program available to consumers suffering losses from home installation contracts under state law. 6. We estimate that construction and installation of the Solar System will begin on or about and be substantially complete on or about (the "Installation Date"). 7. You may cancel this Lease if it has been signed by a party thereto at a place other than the address of NRG RSS, which may be its main office or branch thereof, provided you notify NRG RSS in writing at the main office or branch by ordinary mail posted, by telegram sent or by delivery, not later than midnight of the third business day following the signing of this Lease. See the attached notice of cancellation form for an explanation of this right [Exhibit 21. 8. The time period during which the Property Owner may cancel the Lease shall not commence until a copy of the Lease has been delivered to the Property Owner. Delivery of a copy of the Lease may be via electronic means (e.g. emailed or downloaded). 9. THE LANGUAGE IN SECTION 12 OF T)1E NRG RSS LEASE REQUIRING ALL DISPUTES TO BE RESOLVED THROUGH A BINDING ARBITRATION IN ACCORDANCE WITH AAA COMMERCIAL RULES IS NOT BINDING IN MASSACHUSETTS. NRG RSS AND THE PROPERTY OWNER HEREBY MUTUALLY AGREE IN ADVANCE THAT IN THE EVENT NRG RSS HAS A DISPUTE CONCERNING THIS LEASE, NRG RSS MAY SUBMIT SUCH DISPUTE TO A PRIVATE ARBITRATION SERVICE WHICH HAS BEEN APPROVED BY THE DIRECTOR OF THE EXECUTIVE OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATIONS AND THE PROPERTY OWNER SHALL BE REQUIRED TO SUBMIT TO SUCH ARBITRATION AS PROVIDED IN M. G. L. c. 142A. Docusigned by: Property Owner: fi SbVt A4.66M I y, 2284BB828EFOA2N... tiMbin �fttVS NRG RSS: S E576MBB8702434... NOTICE: The signatures of the parties above apply only to the agreement of the parties to alternate dispute resolution initiated by NRG RSS. The Property Owner may initiate alternative dispute resolution even where this section is not signed separately by the parties. Lease Number: 10-0049128039-000-0000 Exhibit 3, Page 1 I rg., DocuSign Envelope ID: 44B519BE-D147-4B2C-BC20-83C4652055BB Exhibit 4 LIMITED WARRANTY AND PERFORMANCE GUARANTEE THIS DOCUMENT DESCRIBES THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY AND PERFORMANCE GUARANTEE COVERING THE SOLAR SYSTEM INSTALLED AT YOUR HOUSE BY INSTALLER UNDER A CONTRACT WITH NRG RESIDENTIAL SOLAR SOLUTIONS LLC. LESSOR: NRG RESIDENTIAL SOLAR SOLUTIONS LLC 1000 N. POST OAK ROAD, SUITE 240, HOUSTON TX 770551 (P) 713-655-1180 1 WWW.NRGRESSOLAR.COM PROPERTY OWNER: MAILING ADDRESS: 1055 Salem St, INSTALLER: Tyson Moore North Andover, MA 01845 USA Pure Energies Rebecca Moore INSTALLATION ADDRESS: 164 South Park Avenue 1055 Salem St, North Andover, MA San Francisco CA 94107 01845 USA i ease Number 10-0049128039-000-0000 1. What is this Limited Warranty? This limited warranty and performance guarantee (this "Limited Warranty") is part of the lease agreement ("Lease") between you and us, NRG RESIDENTIAL SOLAR SOLUTIONS LLC, under which we provide certain limited warranties and a performance guarantee for the Solar System you have agreed to lease from us. In this Limited Warranty, the term "Solar System" means the -solar power system to be installed by the "Installer" listed above on NRG RSS' behalf at the home and property at the installation addresslisted above (the "Property"). This Limited Warranty begins on the day we begin to install -the Solar System that we are leasing to you under the Lease. This Limited Warranty refers to NRG RESIDENTIAL SOLAR SOLUTIONS LLC, together with its successors and assigns, as "NRG RSS" or "we" or "us This Limited Warranty refers to the property owner and any co-owner listed above, together with any permitted successors, heirs, and assigns, as "you". Capitalized terms used but not defined have the meanings given to them in the Lease. 2. What is the Performance Guarantee? We estimate that on each anniversary of the Production Date, the Solar, System will have produced the Cumulative Estimated Power (kWh) shown on the Guaranteed Power Table. We guarantee that as of each anniversary of the Production Date, the Solar System will have produced Actual Power (as defined below) greater than or equal to the corresponding Guaranteed Power (as defined below), so long as we can monitor the Solar System as described in Section 7 below and you are not in default under the Lease. We refer to this guarantee as the "Performance Guarantee". "Actual Power" as of each anniversary of the Production Date shall be the cumulative quantity of electricity (in kWh) produced by the Solar System since the Production Date, as measured by NRG RSS by monitoring the Solar System remotely as described in Section 7 below. If at any time NRG RSS is unable to monitor the Solar System remotely, Actual Power shall be estimated by NRG RSS using reasonable means. Additionally, Actual Power shall be adjusted to include electricity that NRG RSS reasonably estimates would have been produced during a period of time when the Solar System is shut down or producing less power due to a transmission grid failure, your request, or your failure to perform any of your obligations under the Lease or Limited Warranty. Guaranteed Power Table Anniversary of Production' Date Cumulative Estimated 'Power .(kWh) Cumulative Guaranteed Power (kWh) 1 6,463 5,817 2 12,881 11,593 3 19,254 17,329 4 25,582 23,024 5 31,866 28,680 6 38,106 34,296 7 44,303 39,873 8 50,456 45,410 9 56,566 50,909 10 62,633 56,370 11 68,658 61,792 12 74,640 67,176 13 80,581 72,523 14 86,480 77 832 15 92,338 83,104 16 98,154 88,339 17 103,930 93,537 18 109,666 98,699 19 115,361 103,825 20 121,017 108,915 Lease Number: 10-0049128039-000-0000 Exhibit 4, Page 1 iirg r s DocuSign Envelope ID: 44B519BE-D147-4B2C-BC20-83C4652055BB "Guaranteed Powe►" as of each anniversary of the Production Date shall be the Cumulative Guaranteed Power kWh quantity set forth in the Guaranteed Power Table. 3. What happens if NRG RSS fails to comply with the Performance Guarantee? If, in any period ending on an anniversary of the Production Date, NRG RSS fails to comply with the cumulative Performance Guarantee, then within thirty (30) days of the end of the calendar year following the anniversary of the Production Date, we will pay you an amount (the "Performance Credit') equal to (i) the difference in kWh between the Guaranteed Power and the corresponding Actual Power, multiplied by (ii) $ 0.179, minus (iii) the sum of all prior Performance Credits. Example for illustrative purposes only: Column A Column B Column C Column D Column E Column >F ` Column G Column H Net Performance Credit to Cumulative Cumulative Cumulative Net be paid** Production Deficit Performance Credit** Performance Credits « le Note: For exam p only: Anniversary Cumulative Cumulative Cumulative Actual (kWh) Paid Prior assumes $0:1O/kVVh of Production Estimated Guaranteed Power `*Note: For credit rate Date Power (kWh) -Power (kWh) example only: , (kWh) [Column C- Column (if assumes $0.10/kWh ` [Column H total prior to [Column F — Column G (if positive)] credit rate applicable year] positive)] Year 1 6,000 5,400 6,000 n/a n/a nla $0 Year 2 12,000 10,800: 10,750 50 _:$5 .,, $0 $5 Column F Year 3 $20 — Column G Year 3 $5 Year 3 18,000 16,200 16,000 200 $20 $5 =$15 Column H Year 2 $5 + Column F Year 4 $80 — Year 4 24,000 21,600 20,800 800 $80 Column H Year 3 $15 = Column G Year 4 $20 = $20 $60 Year 5 30,000 27,000 28,100 n/a n/a n/a $0 Column H Year 2 $5 + Column F Year 6 $100 - Year 6 36,000 32,400 31,400 1000 $100 Column H Year 3 $15 + Column G Year 6 $80 = Column H Year 4 $60 = $20 $80 *"Note: For example only: assumes $0.10/kWh credit rate 4. What happens if the Solar System performs better than the Performance Guarantee? If the Solar System performs better than the Performance Guarantee, such that it produces more Actual Power than the Guaranteed Power, then this surplus energy is yours at no additional cost. The Guaranteed Power and Actual Power are based on the cumulative amount of energy (kWh) produced by the Solar System since the Production Date, so the surplus energy will be automatically included in Actual Power and will offset any future periods of lower electricity production. 5. What does this Limited Warranty cover, and for how long? Under this Limited Warranty, we are providing you with the following limited warranties and performance guarantee: Lease Number: 10-0049128039-000-0000 Exhibit 4, Page 2 nrg. ' DocuSign Envelope ID: 44B519BE-D147-4B2C-BC20-83C4652055BB 6. What about my roof warranty? Installation of a Solar System may void any existing roofing warranty of the roof manufacturer or roof installer. NRG RSS assumes no responsibility in relation to any existing roofing warranties, whether voided or not, after or during the installation of the Solar System, except to the extent expressly set forth in Section 5. 7. Do 1 need to have an internet connection? Will NRG RSS monitor the Solar System? In order for us to monitor the Solar System and provide you with the Performance Guarantee, your Property must have the ability for the NRG RSS Solar System monitor ("the System Monitor') to connect to a cellular network compatible with the System Monitor ("Compatible Cellular Network'). If your Property cannot be successfully connected by Installer to a Compatible Cellular Network, you will need to provide, at your own expense, a persistent internet connection through your home network for the System Monitor. If your Property cannot be successfully connected by Installer to a Compatible Cellular Network, you must notify NRG RSS whether or not you will provide an internet connection through your home network. If you provide this internet connection for the System Monitor, you need to provide Installer access to the internet connection. Additionally, for your internet connection to meet the requirements of this Limited Warranty, your home network must be configured so that (i) TCP ports 80, 20 and 21 are open and (ii) access to primary and secondary DNS servers is open. Lease Number: 10-0049128039-000-0000 Exhibit 4, Page 3 nrg"� What is covered? Flow long is it covered? 5A. We warrant that the Solar System is of good quality, is new The Term (as defined in Section Limited Warranty when installed, and is constructed and installed in a good 1 of the Lease) on Installation and workmanlike manner according to Prudent Solar Practices Use of Solar (as defined in Section 17 below). We also warrant the Solar System System, under normal use and ,service conditions, against any defect or deficiency in workmanship. If we breach this warranty, we will, at our option, (i) repair or replace the Solar System, or (ii) continue to pay to you the required amounts under the Performance Guarantee, without making the repair or replacement. 5B. We warrant each roofing penetration made in connection with For five (5) years starting on the Limited Warranty installing the Solar System, and the surrounding area within a date we begin to install the Solar on Roofing five (5) inch radius of each penetration, against damage to System. Penetrations from the roof and against water infiltration through the roof. Installation If we breach this warranty, we will repair the damage to your roof and the physical damage to your property from any resulting water infiltration. 5C. Upon removal of the Solar System from your Property, we For one (1) year starting on the Limited Warranty warrant the roofing repair workaround each roofing date we begin to remove the on Roofing penetration made in connection with installing the original Solar System from your Property. Penetrations from Solar System, and the surrounding area within a five (5) inch Removal radius of each penetration, against damage to the roof and against water infiltration through the roof. This warranty only applies if we elect to remove the Solar System in accordance with Section 8.3 of the Lease or if you require us to remove the Solar System in accordance with Section 8.3 of the. Lease. .. If we breach this warranty, we will repair the damage to your roof and the covered physical damage to your property from any resulting water infiltration. 5D. We warrant the Solar System and installation and repair work For the entire Term, starting on Limited Warranty by us and our designated contractors against damage to your the day we begin to install the on Damage to Property and belongings. Solar System. Property and If we breach this warranty, we will repair the damage covered Belongings by this warranty or pay you the replacement value for such damage- ama e_5E. 5E. If the cellular or internet connection described in Section 7 For the entire Term, starting on Performance below is available, we guarantee the performance of the the Production Date. Guarantee Solar System under the Performance Guarantee defined and described above in Section 2. If we breach the Performance Guarantee, we will pay you a Performance Credit as explained above in Section 3- 6. What about my roof warranty? Installation of a Solar System may void any existing roofing warranty of the roof manufacturer or roof installer. NRG RSS assumes no responsibility in relation to any existing roofing warranties, whether voided or not, after or during the installation of the Solar System, except to the extent expressly set forth in Section 5. 7. Do 1 need to have an internet connection? Will NRG RSS monitor the Solar System? In order for us to monitor the Solar System and provide you with the Performance Guarantee, your Property must have the ability for the NRG RSS Solar System monitor ("the System Monitor') to connect to a cellular network compatible with the System Monitor ("Compatible Cellular Network'). If your Property cannot be successfully connected by Installer to a Compatible Cellular Network, you will need to provide, at your own expense, a persistent internet connection through your home network for the System Monitor. If your Property cannot be successfully connected by Installer to a Compatible Cellular Network, you must notify NRG RSS whether or not you will provide an internet connection through your home network. If you provide this internet connection for the System Monitor, you need to provide Installer access to the internet connection. Additionally, for your internet connection to meet the requirements of this Limited Warranty, your home network must be configured so that (i) TCP ports 80, 20 and 21 are open and (ii) access to primary and secondary DNS servers is open. Lease Number: 10-0049128039-000-0000 Exhibit 4, Page 3 nrg"� DocuSign Envelope ID: 44B519BE-D147-4B2C-BC20-83C4652055BB If the System Monitor remains successfully connected to the intemet through the connection you provide, or if the System Monitor is able to connect to a Compatible Cellular Network, we will monitor the Solar System remotely at no additional cost to you. Additionally, we will promptly notify you if we receive monitoring information indicating that the Solar System is not operating correctly. You agree to notify us immediately if the electricity or your provided intemet connection described above will not be available for more than forty-eight (48) hours. If you fail to provide the electricity or intemet connection described above for any period of time, we may estimate the power produced by the Solar System using reasonable means. IF THE SYSTEM MONITOR RELIES ON YOUR INTERNET CONNECTION, AND IF YOU FAIL TO PROVIDE THE ELECTRICITY OR INTERNET CONNECTION DESCRIBED ABOVE FOR A PERIOD OF THIRTY (30) DAYS OR MORE, WE WILL NO LONGER PROVIDE YOU WITH THE PERFORMANCE GUARANTEE, AND IF SUCH ELECTRICITY OR INTERNET CONNECTION FAILURE OCCURS DUE TO CIRCUMSTANCES WITHIN YOUR CONTROL DURING THE FIRST SIX YEARS FOLLOWING THE INTERCONNECTION DATE, NRG RSS MAY DECLARE YOU IN DEFAULT OF THE LEASE IN ACCORDANCE WITH SECTION 10 OF THE LEASE. > If the Property location does not have Compatible Cellular Network coverage through the Term and you cannot or will not provide internet access as described above, you accept and agree that: (i) NRG RSS will be unable to properly monitor the Solar System; (ii) NRG RSS cannotprovide the Performance Guarantee; (iii) NRG RSS will not be liable to you in the event that the Actual Production is less than the Guaranteed Production and (iv) NRG RSS and its authorized representatives will require access your Property to inspect and service the Solar System for a period of 6 (six) years from the Interconnection Date. 8. What is not covered by this Limited Warranty? This Limited Warranty does not require us to perform or provide any of the excluded work described in Section 3.4 of the Lease. Additionally, under this Limited Warranty, we are not providing any warranty of specific electrical performance of the Solar System, other than the Performance Guarantee. 9. What circumstances void this Limited Warranty, so that it does not apply? The limited warranties and the Performance Guarantee set forth in this Limited Warranty are void and do not apply to reduced or lost electricity production or to repairs, improvements, corrections, or replacements of the Solar System required by or resulting from any of the following: (a) your gross negligence or your intentional damage to the Solar System, or your breach of, or failure to perform, your obligations under the Lease or this Limited Warranty; (b) any actual or attempted installation, repair, alteration, replacement, or modification made by any person other than one of NRG RSS' designated contractors; or (c) shading due to foliage or other obstacles that shade the Solar System more than the Solar System's location was shaded on the date you signed the Lease. 10. Under what circumstances will NRG RSS not be in breach of this Limited Warranty? NRG RSS will not be in breach of this Limited Warranty because of any failure or delay in complying with its limited warranty, Performance Guarantee, or other obligations under this Limited Warranty if such failure or delay is the result of your failure to perform your obligations under the Lease or this Limited Warranty, including to provide NRG RSS access to the Solar System, or is due to one or more events of Force Majeure (as defined below) or their effects. Additionally, the periods allowed for the performance by NRG RSS of its obligations under this Limited Warranty shall be extended for so long as such Force Majeure events or effects continue. In order to claim relief due to Force Majeure, however, (i) NRG RSS must provide you with prompt notice of the event of Force Majeure, to the extent reasonably practicable; (ii) the suspension of NRG RSS' performance must be of no greater duration and scope than that required by the event of Force Majeure; and (iii) NRG RSS' excused obligation must not be one which arose before the event of Force Majeure and which should have been fully performed before the event of Force Majeure occurred. For purposes of this Agreement, the term "Force Majeure" means acts of God or the public enemy; war; hostilities; riots, terrorism; theft; any weather condition or actions of the elements; hurricane, flood; lightning; wind; drought; earthquakes; fires; floods; explosion; accidents; riots; strikes or other significant labor disputes; unavailability of electricity from the transmission grid; power or voltage surge caused by someone other than NRG RSS or its representatives; unavailability or failure of equipment not utilized by or under the control of NRG RSS or its representatives; the binding order of any governmental authority (provided that such order has been resisted in good faith by all reasonable legal means); the failure to act on the part of any governmental authority (provided that such action has been timely requested and diligently pursued); or any other causes, whether or not of the 'e a Lease Number: 10-0049128039-000-0000 Exhibit 4, Page 4 nrg x P DocuSign Envelope ID: 44B519BE-D147-462C-BC20-83C4652055BB same class or kind as those specifically named above, which are not within the reasonable control of NRG RSS or its representatives and which, by the exercise of reasonable diligence, NRG RSS and its representatives are unable to prevent. 11. How can you ask a question or submit a claim to get service? How may we notify you? To ask a question regarding this Limited Warranty, you may call us at 713-655-1180 during normal business hours. To submit a claim or provide any other notice under this Limited Warranty, you must send us the request in writing by email, fax, certified or registered first-class mail, post prepaid, with a return receipt requested, or a reputable courier service requiring signature for receipt. (a) To submit a claim or otherwise notify us by email, send an email to: rss.maintenance@nrgenergy.com (b) To submit a claim or otherwise notify us by fax, send a fax to: 832-379-5199 (c) To submit a claim or otherwise notify us by mail or courier, send the letter to NRG RESIDENTIAL SOLAR SOLUTIONS LLC P.O. Box 304 Houston, Texas 77001 Attention: Warranty Claims To notify you under this Limited Warranty, we may send you a notice in writing in the manner described above, to the email address, fax number, or mailing address provided in the Lease or any subsequent contact information that you give us under the Lease or under this Limited Warranty. The parties agree that any faxed or emailed document shall be deemed an original document. All notices of arbitration must be sent by mail or courier, in the manner described above. 12. What happens if you submit a claim? What will we .do to correct-,-, roblems, and what will we not do? If we receive a claim under this Limited Warranty from you, we will review your claim and notify you within five (5) business days whether your claim is covered by this Limited Warranty_ If we cannot make this determination without inspecting the Solar System, we will send our employee, contractor or agent to your Property within ten (10) business days of the date we receive your claim, and we will then notify you within five (5) business days of the visit as to whether your claim is covered by this Limited Warranty. (a) If your claim is covered by this Limited Warranty, then as required by Section 5, we will either pay you the required amounts under the Performance Guarantee or make the repair or replacement within a reasonable period of time, at no cost to you. We may use new or reconditioned parts to make repairs. We will use commercially reasonable efforts to replace parts with the same type of equipment, but we may substitute types of equipment if necessary. Any equipment substitution will not change our Performance Guarantee obligations. Additionally, at our option but at no additional cost to you, we may elect to make cosmetic repairs that are not covered by this Limited Warranty or to upgrade or add to any part of the Solar System to ensure that it performs according to the Performance Guarantee. (b) If your claim is not covered by this Limited Warranty, or if your claim is covered but we elect under Section 5A to pay you the required amounts under the Performance Guarantee without making any repair or replacement, then you may request that we make the repair or replacement at your expense. We will send a contractor selected by us to your Property to provide you with a price quote for the requested services. You may then elect whether to have the contractor provide the requested services, at the quoted price. The price quote will be based on standard pricing terms that are on a time and materials basis. 13. What happens if you want to move the Solar System to renovate or repair your home, or for any other reason? The Solar System may only be moved by our designated contractor, and only in order to permit you to renovate or repair the Property at your request and your expense. We will send a contractor to your Property to provide you with a price quote for moving the Solar System. You may then elect whether to have the contractor move the Solar System, at the quoted price. The price quote will be based on standard pricing terms that are on a time and materials basis. 14. What happens if you transfer your rights and obligations under the Lease? This Limited Warranty only protects the person leasing the Solar System. If you transfer all of your rights and obligations under the Lease to a buyer of your Property in a manner that is permitted by the Lease, then your remaining rights and obligations under this Limited Warranty will automatically transfer to the buyer. & , Lease Number: 10-0049128039-000-0000 Exhibit 4, Page 5Ve ini V. DocuSign Envelope ID: 44B519BE-D147-4B2C-BC20-83C46520556B YOU MAY NOT OTHERWISE TRANSFER YOUR RIGHTS OR OBLIGATIONS UNDER THIS LIMITED WARRANTY. IF YOU TRANSFER ANY OF YOUR RIGHTS AND OBLIGATIONS UNDER THE LEASE TO ANY PERSON IN A MANNER THAT IS NOT PERMITTED BY THE LEASE, THEN WE WILL NOT HONOR A CLAIM MADE UNDER THIS LIMITED WARRANTY BY THE BUYER OF YOUR PROPERTY OR ANY OTHER PERSON. 15. May NRG RSS assign its rights and obligations under this Limited Warranty? Yes, NRG RSS may transfer, sell, or otherwise assign all or any of its rights and/or obligations under this Limited Warranty to another party, without your consent and without prior notice to you. Any assignment of NRG RSS' obligations under this Limited Warranty will be to a party that is qualified to perform such obligations and that expressly accepts responsibility in writing for our obligations under this Limited Warranty. Upon such transfer, sale or assignment, NRG RSS shall be released from all future obligations under this Limited Warranty. 16. What happens if you want NRG RSS to remove the Solar System? If you have a right under Section 8.3 of the Lease to require us to remove the Solar System, and if you properly notify us under this Limited Warranty and request that we remove the Solar System, then at no cost to you, we will remove the Solar System and waterproof the roof penetrations that result from the removal. 17. What are the standards by which NRG RSS must perform under this Limited Warranty? The standards for our performance under this Limited Warranty will be applicable Prudent Solar Practices or as otherwise specified in this Limited Warranty. "Prudent Solar Practices" means those standards of care and diligence normally practiced by solar engineering, construction and installation firms in performing services of a similar nature in the geographic region where your Property is located and in accordance with (i) good engineering design practices, (ii) applicable law (including local codes and standards), (iii) any applicable governmental approvals and permits, and (iv) any applicable requirements of the local utility: Each Solar System shall be constructed, installed, and repaired in a good workmanlike manner, using principles, criteria and standards generally accepted for use by a contractor in connection with residential_ photovoltaic solar power systems of a similar size and type as the Solar System. 18. What are the limitations on NRG RSS' liability under this Limited Warranty? 18.1 LIMITED WARRANTY, EXCLUSIVE REMEDY. THE LIMITED WARRANTIES AND PERFORMANCE GUARANTEE DESCRIBED IN SECTION 5 AND SECTION 2 ABOVE ARE THE ONLY EXPRESS WARRANTIES AND GUARANTEE MADE BY NRG RSS WITH RESPECT TO THE SOLAR SYSTEM AND ITS OPERATION. NRG RSS HEREBY DISCLAIMS, AND YOU AND ALL OTHER BENEFICIARIES OF THIS LIMITED WARRANTY HEREBY WAIVE, ANY OTHER EXPRESS WARRANTY OR GUARANTEE WITH RESPECT TO THE SOLAR SYSTEM, ITS OPERATION, AND ANY COST SAVINGS FROM USING THE SOLAR SYSTEM. THE REPAIR, REPLACEMENT AND PAYMENT REMEDIES DESCRIBED UNDER THIS LIMITED WARRANTY ARE YOUR SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF THIS LIMITED WARRANTY. 18.2 LIMITED DURATION OF IMPLIED WARRANTIES. ANY IMPLIED WARRANTIES ARISING UNDER STATE LAW, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, HABITABILITY, AND MERCHANTABILITY, SHALL IN NO EVENT EXTEND BEYOND THE END OF EXPRESS WARRANTIES DESCRIBED IN SECTION 5 ABOVE. 19. How does state law relate to this Limited Warranty? This Limited Warranty gives you specific legal rights, and you may also have other rights, which vary from state to state. 20. How does this Limited Warranty relate to the Lease? This Limited Warranty is an exhibit to the Lease and is subject to all of the terms and conditions of the Lease. In the event of an express conflict between this Limited Warranty and the Lease, the terms of this Limited Warranty will control. Lease Number: 10-0049128039-000-0000 Exhibit 4, Page 6 nrgo September 09, 2015 Mr. WissemTaboubi NRG Solar 89F Washington Ave Natick, MA 01760 RE: Moore Residence Solar Installation 1055 Salem Street North Andover, MA Structural Assessment of Roof Framing MPP Project No: 15-2343 Dear Mr. Taboubi: Pursuant to your request, MPP Engineers has performed a limited structural evaluation of the roof framing at the above referenced site to determine if the roof has adequate capacity to support the proposed solar panels. Our analysis was based on the framing information and configurations provided by NRG Solar. It is our understanding that the structural components of the existing roof framing are in good condition. It is further understood that all existing connections between the various roof framing members, including ceiling joist, rafters, and collar ties, are adequate to resist the current loading conditions and behave in the manner that a typical rafter and ceiling tie system is intended to behave prior to installation of the solar panels. Results Rear Roof — adequate to support the proposed solar panels Structural Data and Code Information Our analysis was performed in accordance with the requirements of the 780 CMR 51.00: Massachusetts Residential Code which has adopted the 2009 International Residential Code with Massachusetts amendments. Per Table R301.2 (1), the ground snow load to be used for each town is in accordance with Table R301.2 (5). Similarly, the wind speed for each town is in accordance with Table R301.2 (4). The roof framing was analyzed in accordance with Section R104.11 of the of the 2009 International Residential Code which allows for alternate approved design such as using the ASCE 7 code for determining actual snow loads on roofs (e.g. deriving flat or sloped roof snow loads from the specified ground snow load referenced in Table R301.2(5)). Wood members were analyzed and designed in accordance with the NDS 2005. The roof area for the solar panels of this residence is framed in a gable configuration with conventional 2x MPP Engineers, LLC 1 34 South Main Street, Suite D I Allentown, NJ 08501 609-489-5511 (office) ( www.mppenaineers.coml 609-489-5916 (fax) Moore Residence Solar Installation 1.055 Salem Street North Andover, MA roof rafters. The existing roof structure is in good condition and is assumed to have one layer of asphalt shingles. The pertinent data is listed below: Main Roof (20 Panels Total): Rafters: Spacing: Roof Slope: Horizontal Projected Length of Rafter (Horizontal Projection): Ceiling Joists: Collar Ties: Roof Sheathing: Condition of Framing: Roof Covering: 2" x 10" (#2 Spruce -Pine Fir assumed) 16" O.C. 17 Degrees 14.30 feet Present Present Plywood Sheathing (Assumed) Good Asphalt Shingles Ground Snow Load, Pg: 50 PSF from Table R301.2 (5) of Massachusetts Residential Code Importance Factor, I: 1.0 Exposure Factor, Ce: 1.0 (Conservatively taken as Partially Exposed) Thermal Factor, Ct: 1.1 with Panels (Cold Roof) 1.0 existing condition (Warm Roof) Design Snow Loads On sloped roof: 35.00 PSF (Existing — Unobstructed Warm Roof) 34.01 PSF (New— Slippery Surface on Cold Roof) Wind Speed: 100 I\9PH from Table R301.2 (4) of Massachusetts Residential Code Exposure B Analvsis Results: General Considerations ➢ The proposed solar panels consist of solar panels which impose a total weight of approximately 2.5 to 3 pounds per square foot (PSF) on the roof surface. From a practical standpoint, the International Residential Code allows up to 2 roof coverings on a residential dwelling. Each layer of roofing imposes a net load of about 2.5 to 3.0 PSF on the roof. From this perspective, since the existing roof has only a single layer of shingles, a second layer is allowed to be added by the code without analysis. This 2nd layer of shingles essentially weighs the same as the proposed solar panels. ➢ Materials such as metal roofs or solar panels are considered slippery surfaces. Since the solar panels are mounted slightly above the roof line, it would be conservative to consider a thermal factor Ct of 1. 1, treating the panel surface as a cold roof rather than as a warm roof. Based on the roof slope and considering it as a slippery surface, the snow load is reduced by 3% (0.99 PSF) compared with the snow load acting directly on the existing shingled roof surface. This reduction partially offsets the weight of the solar panels. Moore Residence Solar Installation 1055 Salem Street North Andover, MA Gravity Loading: Rear Roof — adequate to support the proposed solar panels It is our understanding that the panels will be installed using Unirac rail with L -feet (or equal) at approximately 48 inches on center (e.g. every two to three rafters). The leveling feet will be fastened directly into the existing joists with 5/16" diameter lag screws with a minimum embedment of 2.5". In addition, it is important that the leveling feet support locations be staggered between adjacent panels so that no single rafter supports more load than under the existing conditions. Wind Loading Based on our calculations, the net wind loads imposed on the roof framing with an attachment spacing as indicated above will be less than the current loading on the roof framing. 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N M m a TITLS SHEET, MOORE, TYSON- REBECCA 1065 SALEM STREET ROOF DIAGNOSTICS - rxpFRG *yso {o— I co tmn N o + I -i I NORTH ANDOVER, MA, 01845 SOLAR AND ELECTRIC, LLC r�,�4 � g � N z r1 C y J co oo(fl 0c ;• N Q o, J �mw a0 3 4. 3 ,°c Z 'o O y m° O w a ab e Y o N (D -3:'D N a •: Li ppP (D 0 Ko 3 3 r m y m W 0. _ 1 } f Ste, 3 O n � to m ohm n (D m y F CD y w da 0 o a CD 3 N (� x° ari- Q m_' c o (D N N nm - «i• : �4! N y j (D m m i a f t m m w fco 9 a O w(J) A m p (p O m } n m D S. r (D N (D m 3 0 �I {;. n, a O D p= � 1 ..., }+� r•F O ° or 3 m wm O CC 3. 3. °N C oCD 3 O ira 3 d W y 0 CD N d J Q a C r o o m S mD CD m I o v S ° �^ m o D g o ° 3 w.. 3 3 m z '� D ° y m O ° S.E. a w z o=` .� i ;Wn 0° m z_ m z �o• D D m m m 0 z p o 00 w y:: m N to : D .3 -' K Z ti° Q m m m Z n m 3 r e O U m _ D C v m 3_ 3 .. ti v p N / Z N O � C ?' N ,# (D 5 _ g_ Y S O Q N ,�, I? � m �0 � `3 ❑ N�'x` m `T 'o i s •i' 4 0 nv o 0 o w? aN m j O Z - fR W A x m ( NO , w p In N ( p Q TITLE SHEET: { U m m9iN 9 W m r MOORE, TYSON — REBECCA ROOF DIAGNOSTICS Tkof°U �L 0 I 9 v— n m r D m, N Q + m 1055 SALEM STREET NORTH ANDOVER, MA, 018'45 SOLAR AND ELECTRIC, LLC sf m a w s� y �°'°yF115 z ,,� 0l2�o0noytNrCaTJJ- �o7m'7C um.L3�mo�n��o� TITLP SHULT:N-7 T w Or THO msMOORE, TYSON- REBECCA OO bps N 1056 SALEM STREET rD rAmm SOLAR AND ELECTRIC, LLC t 1 NM NORTH ANDOVER, MA, 01845 da 3 ' m v IIi.Lmn`Comromroc0c1CA4aNm=t DD,s 1-3 Q- y' e ,:r. .• y��y , �y�(y"��yGGQLL��Qy(f,��S .f `A .�y� .. �) Oamw 7 7.•••99pL C �,,•�t ZN'"�� ® ER i11 ��GCx-mo liJ 0 3;m � -z•. IT Li _ O O O O ® O O C 9 C W m A6: v0+. O x n a O 9a �sPa, o k ' o o �3 =`- ° o G s. n F ® O p. off° ~ O o 3 0 A 6 O Oa m 0 Na Q �aT'c. NN oa g M O �' ^'� .v (7 Oo ✓� n phi, F 3: �''`n' W ',�' � y :7��.� f'—� b 3£ S ° L oEc��.a� v t cru'. °• ��'�+qB� 8� o OQ f awy � 0r AN Z Y 3ho f+l OJ1 N W O '-►< X o a� o m � a m i -i o �+ �p - n'oi�w W a 02 0 ¢ 3 0 ol ~ V m a noun m m 3AO DJ A c O- w =y a - � r - o 51, x � M - O Ox c � ti 2 O OR/ o rz ` s/V �D n : .3 LJ TITLE SHEET: x 2 mMOORETYSON - REBECCA nN 6i a P , LNOE°ti. N I ROOF DfAGNOSTICS s e O O rye mw I 1055 SALEM STREET SOLAR AND ELECTRIC, LLC N a ems2, No i NORTH ANDOVER, MA, 01849 rHai tDtO � 9 m 9 O O p S c N O r 0 0 0 0 0 o N A A A A W 0 c 1 O 0 3 N � O O OO C Z O .r i y i'µ5'�l yjy}s�� Tah�ys�XKt�)��,uir!iY - H +�ro H RST 9e.. �ytr: r'r x�'ys A� l , �z(� e £^ ou � i� .lin V * DocuSign Envelope ID: 44B519SE-D147-4B2C-BC20-83C4652055BB Exhibit 5 OWNERSHIP OF ENVIRONMENTAL ATTRIBUTES AND INCENTIVES As discussed in Section 6 of the Lease, the Environmental Attributes and Incentives with respect to the Solar System are owned as indicated by the checked box(es) below: 0 All Environmental Attributes and Incentives are the sole property of NRG RSS; or ❑ The Environmental Attributes and Incentives described below are the property of Customer ("Customer's Incentives") and all Environmental Attributes and Incentives not described below ("Other Incentives") are the sole property of NRG RSS. 70 ,110 Lease Number: 10-0049128039-000-0000 Exhibit 5, Page 1 nrga A� R 70 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DONYYY) 07/01/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER MCGRIFF, SEIBELS & WILLIAMS, INC. P.O. Box 10265 CONTACT Destiny Soria NAME: y AIC No Ext : 800-476-2211 FAX No): Birmingham, AL 35202 E-MAIL dim riff.com ADDRESS: cg INSURER(S) AFFORDING COVERAGE NAIC # INSURER A :Kinsale Insurance Company 38920 07/01/2015 INSURED Roof Diagnostic Solar Holdings LLC; Roof Diagnostics Solar and Electric LLC; Roof INSURER B :Liberty Mutual Fire Insurance Company 23035 INSURER C :Federal insurance Company 20281 Diagnostics Solar and Electric of NY, LLC; Roof Diagnostics Solar and Electric of Connecticut, LLC; Roof Diagnostics Solar of Mass, LLC; Restoration Design LLC; RDI Consulting, LLC INSURER D :Travelers Property Casualty Company of America 25674 INSURER E :Navi ators Specialty Insurance Company 36056 2333 Highway 34 Manasquan, NJ 08736-1423 D AG TO ENT 50,000 PREMISES Ea occurrence $ INSURER F : ::::] COVERAGES CERTIFICATE NUMBER:RKP9RUNX REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE IVSD = SUBR WVD POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MM/DDIYYYY11 LIMITS A X COMMERCIAL GENERAL LIABILITY MSW45968 07/01/2015 04/01/2016 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE I OCCUR D AG TO ENT 50,000 PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO - LOC PRODUCTS -COMPIOPAGG $ 2,000,000 $ OTHER: B AUTOMOBILE LIABILITY SISIPCA08335015 07/01/2015 04/01/2016 COMBINED SINGLE LIMIT_1,000,000 Ea accident $ BODILY INJURY (Per person) $ X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident NON -OWNED HIRED AUTOS AUTOS Deductible: Comp/Coll $1,000 E UMBRELLA LIAB X OCCUR MSV 74841 07/01/2015 04/01/2016 1 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 X EXCESS LIAR CLAIMS -MADE DED RETENTION$ Is C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y t N ANY PROPRIETOR/PARTNER/EXECUTIVE 0044727794-01 07/01/2015 04/01/2016 XPER OTH- STATUTELl ER E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N 1 A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ I 1,000,000 D Installation QT6601F654654TIL15 07/01/2015 04/01/2016 Installation Limit 50,000 In Transit $ 200,000 Deductible $ 1,000 Leased/Rented from others $ 50,000 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) CERTIFICATE HOLDER CANCELLATION Page 1 of 1 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE For Evidence Purposes Only Vol Page 1 of 1 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD l� r The Commonwealth of Massachusetts Department of IndustrialAccidents I Congress Street, Suite 100 Boston, MA 02114-2017 M s�e0 www. mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers. TO BE FILED WITH THE PERMITTING AUTHORITY. Applicant Information Please Print Legibly Name(Busiiiess/Organization/Individual): Roof Diagnostics Solar Address: 89F Washington Ave City/State/Zip: Natick MA 01760 Are you an employer? Check the appropriate box: Phone #: 508-545-0989 1.dl I am a employer with 70 employees (full and/or part-time).* 2.F] I am a sole proprietor or partnership and have no employees working for me in any capacity. [No workers' comp. insurance required.] 3.®I am a homeowner doing all work myself [No workers' comp. insurance required.] t 4. ❑ I am a homeowner and will be hiring contractors to conduct all work on my property. I will ensure that all contractors either have workers' compensation insurance or are sole proprietors with no employees. 5.r! I am a general contractor and I have lured the sub -contractors listed on the attached sheet. These sub -contractors have employees and have workers' comp. insurance.t 6. ❑ We are a corporation and its officers have exercised their right of exemption per MGL c. 152, §1(4), and we have no employees. [No workers' comp. insurance required.] Type of project (required): 7. 0 New construction 8. ❑ Remodeling 9. ❑ Demolition 10E] Building addition 11. Q Electrical repairs or additions 12. ❑ Plumbing repairs or additions 13. Roof repairs 14. [Z✓ Other PV Solar 'Any applicant that checks box #1 must also fill out the section below showing their workers' compensation policy information. I Homeowners who submit thus affidavit indicating they are doing all work and then hire outside contractors must submit a new affida-6t indicating such. :Contractors that check this box must attached an additional sheet showing the name of the sub -contractors and state whether or not those entities have employees. If the sub -contractors have employees, they must provide their workers' comp. policy number. I am an employer that is providing workers' compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name: Federal Insurance Co. Policy # or Self -ins. Lic. #: 0044727794-01 Expiration Date: 4/1/16 Job Site Address: 16%5 S - TLE :57T7 City/State/ZipW m ��/ Qy t ililA �j regs^ Attach a copy of the workers' compensation policy declaration page (showing the policy number and expiration date). Failure to secure coverage as required under MGL c. 152, §25A is a criminal violation punishable by 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. 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 Phone #: 508-545-0989 provided abov,pis true ynd correct. Official use only. Do not write in this area, to be completed by city or town official. City or Town: Permit/License # Z5 Issuing Authority (circle one): 1. Board of Health 2. Building Department 3. City/Town Clerk 4. Electrical Inspector 5. Plumbing Inspector 6. Other Contact Phone #: t I r^:�/rj!'[,"{.:�irlJtt=tttnnaiil6�"°G"l�r.:srr�.rsrlll wee of Consumer Affairs & Business Be Istion ME IMPROVEMENT CONTRACMR y istratiot 17�027Type: Explration:j,10ffij015t Supplement Card ROOF DIAGNOSTICS SOLAR OF; MASS, LLC. NRG HOME SOLAR,,' JOSEPH WYL[? CHIRICOi� °N 89 WASHINGTON AVE: • 'f- NATICK, MA 01760 Undersecretary License or registration valid for individul use only before the expiration date. If found return to: Office of Consumer Affairs and Business Regulation 10 Park Plaza • Suite 5170 Boston, MA 02116 G.e�. Not valid without signature Massachusetts - Department of Public Safety Board of Building Regulations and Standards Cow,trurtion Supertiwr, License., CS -093115 M ♦� i�J 1. * JOSEPH M WYL )CHIIUC0 11 HILL CREST AVE1�i.. Seekonk MA 02771 tel ► ,a '!l a, Exp nation Cofftrnissioner 0511412017