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40 BELLEVIEW AVE - BUILDING INSPECTION The Commonwealth of Massachusetts Board of Building Regulations and Standards RE ,EIVTY OF Massachusetts State Building Code, 780 CMR INSPECT1CNR� i eLd arI011 Building Permit Application To Construct, Repair, Renovate Or Demolish a One-or Two-Family Dwelling Z015 SEP I b A 10r 52 C— This Section For Official Use Only Building Permit Number: Date App ed: Of / Ln Budding Official(Print Name) Signature Date 1 SECTION 1: SITE INFORMATION 1.1 Property Address: u ��,U 1 ohs p Llu�. 1.2 Assessors Map &Parcel Numbers p ID L la Is this an accepted street?yes no Map Number Parcel Number 1.3 Zoning Information: 1.4 Property Dimensions: Zoning District Proposed Use Lot Area(sq ft) Frontage(ft) 1.5 Building Setbacks(ft) Front Yard Side Yards Rear Yard Required Provided Required Provided Required Provided 1.6 Water Supply: (M.G.L c.40,§54) 1.7 Flood Zone Information: 1.8 Sewage Disposal System: Public❑ Private ❑ Zone: _ Outside Flood Zone? Municipal❑ On site disposal system ❑ Check if yes❑ SECTION 2: PROPERTY OWNERSHIP[ 2.1 Owner[of Record: �'t� Sean Gallagher llnti Name(Print) City,' State,ZIP UIb W& W. . VM13W No.and Street Telephone Email Address SECTION 3: DESCRIPTION OF PROPOSED WORK2(check all that apply) New Constructiorlool Existing Building❑ Owner-Occupied ❑ Repairs(s) ❑ 1 Alteration(s) ❑ 1 Addition ❑ Demolition ❑ 1 Accessory Bldg. ❑ Number of Units Other ❑ Specify: Brief Descr' t/i��(n�yo'fPrq\�{ohs WorkZ: � ttisn iA�A�o SECTION 4:ESTIMATED CONSTRUCTION COSTS Item Estimated Costs: Official Use Only Labor and Materials 1. Building $ 1. Building Permit Fee: $ Indicate how fee is determined: ❑ Standard City/Town Application Fee 2. Electrical $ s ❑Total Project Cost (Item 6)x multiplier x 3. Plumbing S 2. Other Fees: $ 4. Mechanical (HVAC) $ List: 5. Mechanical (Fire $ Suppression) Total All Fees: $ Check No. Check Amount: Cash Amount: 6. Total Project Cost: $ a ' oo 0 Paid in Full 0 Outstanding Balance Due: SECTION 5: CONSTRUCTION SERVICES 5.1 Co struction Su rvisor License(CSL) i p`rt/1 h License Number ExEx van ton Date (ROUD P Nappppe o SL older I ) I\n ��11� List CSL Type(see below) V No, 11 treet Type Description IVPR lU Unrestricted Buildin s u to 35,000 cu.ft.) Ml� R Restricted 1&2 Famil DwellinCity/To tM Masonry RC Roofing Covering WS Window and Siding SF Solid Fuel Burning Appliances I Insulation Telephone Email address D Demolition 5.2 Registered Ho m trovemen Conitractor(HIC) r HIC Registration Number Expiration Date HiC Company Name or istrant Name No.and Street l�� Email address,`(� n Ci /Town, Stale,'ZIP— Telephone SECTION 6: WORKERS' COMPENSATION INSURANCE AFFIDAVIT(M.G.L.c. 152.§ 25C(6)) Workers Compensation Insurance affidavit must be completed and submitted with this application. Failure to provide this affidavit will result in the denial of the Issuan e of the building permit. Signed Affidavit Attached? Yes .........x No ........... ❑ SECTION 7a: OWNER AUTHORIZATION TO BE COMPLETED WHEN OWNER'S AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT 1,as Owner of the subject property,hereby authorize Vivi nt Solar to act on my behalf,in all matters relative to work authorized by this building permit application. C -� 8-29-2015 Prim Owner's Name(Electro�nicsignature) Date SECTION 7b: OWNEW OR AUTHORIZED AGENT DECLARATION By entering my name below,1 hereby attest under the pains and penalties of perjury that all of the information contained in this applicatio nd accurate to the best of my knowledge and understanding. Print Owner's or Authorized Agen ' e(Electronic Signature) Date NOTES: I. An Owner who obtaink4lbuilding permit to do his/her own work,or an owner who hires an unregistered contractor (not registered in the Home Improvement Contractor(HIC)Program),will not have access to the arbitration program or guaranty fund under M.G.L.c. 142A. Other important information on the HIC Program can be found at www.mass.gov/oca Information on the Construction Supervisor License can be found atwww.mass.gov/dps 2. When substantial work is planned,provide the information below: Total floor area(sq. ft.) (including garage,finished basement/attics, decks or porch) Gross living area(sq. ft.) Habitable room count Number of fireplaces Number of bedrooms Number of bathrooms Number of half/baths Type of heating system Number of decks/porches Type of cooling system Enclosed Open 3. "Total Project Square Footage"maybe substituted for"Total Project Cost" ra The C®ttsuaaonwealgh afMgssackasetts a Department of IndustriaTAccidents t ice of Investigations `� ^g 1 Co Ngress Street,Suite 104 �— Boston, MA 02114-2617 WWW.maSS.goV1d1a Workers' Compensateoen Insurance Affidavit: Builders/Contractors/Electricgams/P'iatmnbers Applivaut Information Please Preen Le�atolb Name (Business/Organization/lndividual): VI'lint Sour Developer, i_LC Address: 3301 North Thanksgiving Way, Suite 500 C..ty/3'£ater Zip: Lehi, UT 84043 Phone#:801-377.9111 Are you an employer? Cheek the ,appropriate box: Type of project(required): 1-N far a a employer with go 4. Q f am a general con ae a a rd employees (full and/or part-time) have hired the sub-contractors f 6. ❑Nam'construction 2.Q I am a sole proprietor or partner- listed on the attached sheet. I 7. Q Remodeling ship and have no employees These sub-contractors have ! S. Q Demolition working for me in any capacity. employees and have workers' insurance.$ 9. Q Building addition comp.[No workers' comp. insurance P. regwred.j 5. We are a corporation and its 10-Q Electrical repairs or additions officers have exercised their 3-❑ 1 am a homeowner doing all work 1 L❑ Plumbing repairs or additions myself. [[No workers' comp. right of exemption per MGY. 12 Q Roof repairs insurance required.] t c. 152, §1(4),and we have no employees- [No workers' 13.®Other Solar Installation comp.insurance required.] 'Any applicant that checks box#I must also fill out the section below showing their workers'compensation policy information. r Homeowners who submit this affidavit indicating they are doing ail work and then hire outside contractors must submit a new affidavit indicating such tContractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. I£the sub-contractors have employees,they must provide their worikers'comp.policy number. f atea an eatployer that is providing trotters'coarapensatl®ea,sasaasance for cmy employees. Below is a/aep®licy m[djob sdte informatiomA. Insurance Company Name: Zurich American Insurance Company Policy#or Self-ins. Lic. #: WC 509601300 Expiration Date: 11/l/2015 II Job Site Address: k� V r hE City/State/Zip: t Attach a copy off tte workers' compensation policy declaration page(showing the poicy? number and e>lpiratloa date. Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator- Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. f do hereby certify gender tote pains andpenalties ofperjary that the Mforshationprovi d abov is trace and correct Sinatum �—�� Date �, Phone#: 801-,2296459 1[ Offsetal ease only. Do not write in this area,to be completed by city or towA official. City or Town: Permit/License 9- Issuing Authority(circle one): 1. Board of Health 2. Building Department 3. City/Town Clerk 4. Electrical Inspector s. Numbing Inspector 6. Other Contact Person:. Phone#: Office of Consumer Affairs tind Business Regulation 10 Park Plaza - Suite 5170 Boston, Massachusetts 02116 Home Improvement Contractor Registration Registration: 170848 Type: Supplement Card VIVINT SOLAR DEVELOPER LLC- Expiration: 1/5/2016 JAMES SHERMAN 4931 NORTH 300 WEST PROVO, UT 84604 Update Address and return card_Mark reason for change. sCA 1 0 2OM-05/11 ❑ Address ❑ Renewal ❑ Employment Lost Card }�{ Massachusetts -Department of Public Safety Board of Building Regulations and Standards Construction Supervisor License: CS-W4 t114 JAIWS R SHERnAU4 -- 6 Fox Hollow Drife g f !_ SAUGUS MA 01906 � , Expiration Commissioner 08/28/2016 is M �► CERTIFICATE OF LIABILITY INSURANCE °10�'31201412014 ""Y'0 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: H 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 O A MARSH USA INC. NAME' 122517TH STREET,SUITE 1300 IN NONE C.N ac NO, DENVER,CO 80202-5534 E-MAIL Attn:Denver.certrequest@mmsh.com,Far:212.948.4381 ADDRESS: INSURE S AFFORDING COVERAGE NAIC# 462738-STN0.GAWUE-14-15 INSURER A:Evanston Insurance Company 35378 INSURED INSURER B:Zurich Ammon Insurance Company 16535 Vivint Solar,Inc: Vivint Solar Developer LLC WSURER C:Ameriam Zurich Insurance Company 40142 3301 North Thanksgiving Way INSURER D Suite 500 Lehi,UT 84043 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: SEA-002368030-08 REVISION NUMBER:0 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 ry E OF INSURANCE POOL SUER POLICY NUMBER MWDCY EFF MPOM/IJ°CY EXP Ualm'S LTR A GENERAL UABIL1Y 14PKGWED0274 11/01/2014 11/01/2015 EACH OCCURRENCE $ 1,000,000 DAMAGE TO X COMMERCIAL GENERAL LIABILITY PREMISES EaRENTED a¢u ante $ 50,000 CLAIMS-MADE LX]OCCUR MED EXP(Any one person) $ 5,000 X $5,000 Ded.BI&PD PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE S 2,000,000 GEML AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO $ 2,000,000 POLICY X PR0. LOC $ B AUTOMOBILELIABRUTY BAP509601500 11/0112014 11101/2015 COMBINED SINGLE LIMIT 1,000,000Ea accident) Ix ANY AUTO BODILY INJURY(Per person) S ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOH REDSAUTOS N -OM AUTOS NONED PROPERTY DAMAGE $ AUTOS Para dent) A UMBRELLA LWB X OCCUR 14EFXWE00088 11/0112014 11101/2015 EACH OCCURRENCE $ 5,000,000 X E%CESSUAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED RE TENTION$ $ C WORKERS COMPENSATION WC509601300 1V01/2014 11/01/2015 WC STATU- OTH- AND EMPLOYERS'1111E UW B ANY PROPRIETOR/PARTNER/IXECUTIVE YIN WC509601400 11/01014 11/01/2015 E.L.EACH ACCIDENT $ 1,000,000 OFFICEWMEMBER EXCLUDED? NIA IMandatory0 NH) E.L.DISEASE-EA EMPLOYE S 1,000,000 If yea,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY UMIT E A Enors&Omissions& 14PKGWE00274 11/01/2014 11101/2015 LIMIT 1,000,000 Contractors Pollution DEDUCTIBLE 5,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (At ch ACORO 101,AddWonal Re SchWd ,R more apace b m uiredl The Certificate Holder and others as defined in the written agreement are included Be additional insured where required by written contrail with respect to General Uability.This insurance is primary and non- contributory over any existing insurance and limited to liability arising out of the operations of the named insured and where required by written contract.Waiver of subrogation is applicable where required by written contract with respect to General Liability and Workers Compensation. CERTIFICATE HOLDER CANCELLATION City of Salem SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 93 Washington Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Salem,MA 01970 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORU:EU REPRESENTATIVE of Marsh USA Inc. Kathleen M.Parsloe "A. Agw4w ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 26(2010/05) The ACORD name and logo are registered marks of ACORD 3301 N Thanksgiving Way, Suite 500, Lehi, UT 84043 support@vivintsolar.com I www.vivintsolar.com v0@�OQ'��'. solar' Phone: 877.404.4129 1 Fax: 801.765.5758 I RESIDENTIAL SOLAR POWER PURCHASE AGREEMENT 1#A16AOr10N BITE 08/29/2015 SE"""NO 4535111 ENERGY RATE ID•rEWAf •119 CUSTOMER INFORMATION I NAME"-"""°"`�'Sean Gallagher TELEPHONE EdAMI PROP OWN (978) 697-2034 sgallagherbev®gmail.com es &0 NAME OWL a UW^ten) � TELEPHONE E-MML PROPERTY OWNER ®'es Gto PROPERTY INFORMATION STREETAOORESS 40 Belleview Ave i `m Salem COUNTV STATE ZIPnP 01970-1166 OUR • TO YOU • We insure, marizatin, reriair, anC monitor the system at . additional • The energy ra-ze will never increase by more the process YOUR OBLIGATIONS - Agree to pay for the energy produced by the solar energy system roof in good condaicin broadband- Assistance wizh any paperwork for installanon or operation of the systern DOCUMENTS THE AGREEMENT INCLUDES THE FOLLOWING DOCUMENTS: • Power Purchase Agreement, including: • Exhibit A—Notice of Cancellation • Exhibit 8—State Notices and Disclosures • the Customer Packet,and • the Work Order(s). l-,k.rfleht ^1C'11 2G:` v:.:x i_t.t rkwr Wr L_C ++'Qghn Rks ,C'r7 PPd 4i2015 ✓3 11 1 FdgB I I i �/�O[�f O ,f� solar �'"a The Notice of Cancellation may be sent to this address: v(J V o�j 1�0 J o I 1 3301 N Thanksgiving Way,Suite 500,Lehi, UT 84043 1J Y Y support@%nvintsolar.com I www.vivintsolar.com Phone:877,404.4129 1 Fax:801.765.5758 RESIDENTIAL SOLAR POWER PURC HASE AGREEMENT This RESIDENTIAL SOLAR POWER PURCHASE permission to operate the System with the Utility. AGREEMENT (together with all documents expressly Although We will promptly request interconnection incorporated herewith, this "Agreement) is entered and permission to operate the System, We cannot into on the Transaction Date set forth above, by and promise or guarantee the date such permission will be between VIVINT SOLAR DEVELOPER, LLC, a Delaware received from the Utility. After We receive the Utility's limited liability company(together with Our successor permission to operate,We will activate the System and and assigns, "Seller", "We", "Us", "Oue) and the cause it to generate Energy(as such term is defined in undersigned CUSTOMER(s) (together Your successors Section Mal 1. YOU ARE NOT ALLOWED TO TURN ON and permitted assigns, "Customer", "You", "Your"; THE SYSTEM UNTIL WE NOTIFY YOU THAT THE UTILITY together with Us, the "Partles", and each,a "Party"). HAS GIVEN ITS PERMISSION TO OPERATE, PURSUANT 1. Design, Installation,and Activation. TO SECTION 7(b). YOU ARE LIABLE FOR ANY COSTS OR (a) Description of the protect and description DAMAGE RELATING TO YOUR PREMATURE of the significant materials to be used and equipment ACTIVATION OF THE SYSTEM. to be installed. We will design, install, service, and 2. Term and Renewal. maintain a solar photovoltaic system on Your home at (a) Term. This Agreement is effective as of the the property address set forth above (the "Property'), Transaction Date and shall continue until the twentieth which will include all solar panels, inverters, meters, (20th) anniversary of the In-Service Date (together and other components (collectively, the "S)stem"), as with any renewal term described in Section 2(b)(ii),the further described in the Customer Packet and the -Term"). The "fi-Service Date" shall be the first day Work Order(s) that We will provide to You hereafter. after all of the following have been achieved: (i) the All material portions of the System will be installer! by System has been installed and is capable of generating Our employed technicians and electricians, and not Energy; (ii) all permits, inspections, and approvals subcontractors. With Your cooperation, We will necessary to operate the System have been obtained; (i) design, install, and connect the System in material and (iii) the System has been interconnected with the compliance with all applicable laws; (ii) complete all Utility and received permission to operate. required inspections; and (iii) obtain all required (b) End of Term. (i) Your Options. At the end certifications and permits. In order to design a System of the Term, so long as there is no Customer Default that meets Your needs, You agree (1) that We may ongoing, You may elect to: (1) continue with this obtain Your electrical usage history from Your electric Agreement for a renewal term of five (5) years at the utility provider (the "Utility ); (2) to provide Us with Renewal Price (as described in Section 2(blhil); copies of bills and other information from Your Utility; (2) purchase the System (as described in and (3) to enter into and execute any interconnection Section 2(b)(iii)) and this Agreement will automatically or other agreements that may be required by Your terminate; or (3) have the System removed at no cost Utility. We will design and install the System at no cost to You (as described in Section 2(b)(iv)) and this to You, other than the Energy Price. Agreement will automatically terminate. At least sixty (b) Approximate Installation Start and (60)days prior to the end of the Term,We will send to Completion Date. Subject to the delays of permitting You notice concerning Your end of term options, authorities,weather, and other conditions outside Our including the renewal, purchase, and cancellation control, installation of the System generally takes one forms. If You do not elect any of these three options, (1) day and is anticipated to start and be substantially this Agreement will automatically renew on a year-to- complete no later than 02/25/2016. year basis(as described in Section 2(b)(0).(U)Renewal (c) Activation. After installation, inspection, Option. The renewal form will set forth the new Energy and receipt of all necessary approvals relating to the Price for the renewal term based on Our assessment System, We will request interconnection of and of the then-available market information and Our Copvrght m 201 t 2015 Vrvint Solar Develeper LAC Air RigPts Reserved PPA(612015, v3 11 I Page 2 determination of the then-current fair market value of 3. Price and Payment. the System (the "Renewal Price"). if You elect the (a) Sale of Electricity. (1)Sale. This Agreement renewal option, then We will need to receive Your is for the sale of energy by Us to You and not for the completed renewal form not less than thirty (30)days sale of the System, the System Interests(as such term prior to the end of the Term. If You choose not to is defined in Section 01i, or a solar energy device. renew, then You may elect (under Section 2ib)(ill to Beginning with the In-Service Date,We will sell to You purchase the System or to have the System removed and You will buy from Us all of the energy produced by at no cost to You. IN) Purchase Option. The purchase the System (the 'Energy ). Energy does not include form will set forth the purchase price based on the the System interests. ((i)Price. For all Energy produced then-current fair market value of the System as by the System, You shall pay Us $0.1119," l per determined by an independent appraisers valuation kilowatt hour ("Mh") (the "Energy Price"), PLUS of similarly sized photovoltaic systems in Your APPLICABLE TAXES. On each anniversary of the In- geographic region (the "Purchase Option Price"). The Service Date, the Energy Price shall increase by two appraisers valuation will be provided to You in writing and nine-tenths percent (2.9%). (iii) Delivery. Title to and will be binding. If You elect the purchase option, and risk of loss with respect to the Energy shall transfer then We will need to receive Your completed purchase from Us to You at the point where the System is option form, Your payment of the Purchase Option interconnected with Your Property's electrical wiring. j Price, costs of the appraisal, applicable taxes, and all Energy from the System will be delivered to You in other amounts then owing and unpaid hereunder not compliance with all requirements of the Utility. A good less than thirty(30)days prior to the end of the Term_ faith estimate of the System output, measured in Upon receipt of the foregoing, We will transfer kilowatt hours,will be provided to You in the Customer ownership of the System to You on an"As Is,Where Is" Packet; provided that we reserve the right to modify basis. (iv) Removal Option. if You elect the removal the size of the System at the time of installation as option, then We will need to receive Your completed required by applicable law or in Our reasonable removal form and all amounts then owing and unpaid discretion. (N)Limits an Obligation to Deliver. We are hereunder not less than thirty (30) days prior to the not a utility or public service company and do not end of the Term. After which, We will remove the assume any obligations of a utility or public service System from Your Property within ninety (90) days company to supply Your energy requirements. We are after the end of the Term. (v)Automatic Renewal. IF not subject to rate review or other utility or public YOU DO NOT NOTIFY US OF YOUR ELECTION BY service company regulation by governmental SENDING THE APPLICABLE COMPLETED FORM TO US authorities. During the Term,You understand that You EITHER BY E-MAIL OR U.S. MAIL AT OUR ADDRESS may require more electricity than the System may FIRST SET FORTH ABOVE AT LEAST THIRTY (30) DAYS generate. If You need any such additional energy,then PRIOR TO THE END OF THE TERM, THEN (UNLESS WE You shall be solely responsible to obtain such energy ELECT TO TERMINATE THIS AGREEMENT) THIS from the Utility at Your cost. OTHER THAN AS AGREEMENT WILL AUTOMATICALLY RENEW ON A EXPLICITLY SET FORTH ON EXHIBIT B. WE DO NOT YEAR-TO-YEAR BASIS AT TEN PERCENT (10%) LESS WARRANT OR GUARANTEE (1) THE AMOUNT OF THAN THE THEN-CURRENT AVERAGE RATE CHARGED ENERGY PRODUCED BY THE SYSTEM FOR ANY PERIOD, BY YOUR UTILITY UNTIL YOU NOTIFY US IN WRITING OF (2)ANY COST SAVINGS, OR (3)THE EXISTENCE OF ANY YOUR ELECTION TO CANCEL AT LEAST THIRTY (30) NET METERING PROGRAM, OR UTILITY OR DAYS PRIOR TO THE END OF THE RENEWAL TERM. GOVERNMENT INCENTIVE PROGRAM. YOU AND WE AGREE THAT SUCH ENERGY PRICE (b) Payments. (i)Invoicing. Beginning with the DURING AN AUTOMATIC RENEWAL TERM FAIRLY first(111)month following the In-Service Date and each REFLECTS AND IS A REASONABLE ESTIMATION OF THE month throughout the Term, We will send You an FAIR MARKET VALUE OF THE ENERGY PRODUCED BY invoice reflecting the charges for the Energy produced i THE SYSTEM. by the System. if the System is not reporting Energy I/WE AGREE TO THE S(ra production to Us, We may charge You the Shutdown FOREGOING AUTOMATIC Payment (as such term is defined in Section 6(a)1. RENEWAL PROVISION: ter. ae za z°'s adze+zms There is no financing charge associated with this Copyright 0 2011 2015 Vlvint Solar Deve$wer,LLC. Ail RigFss Reserved. PPA(612015, 0.1) 1 Page 3 Agreement. (H)Automatic Payments. You shall make (b) Insurance We carry commercial general payments to Us by automatic payment deduction from liability insurance, workers' compensation insurance, Your designated checking account or by automatic and property insurance on the System. For more charge to Your credit card. It Is Your responsibility to information concerning Our insurance, including Our ensure that there are adequate funds or an adequate insurance coverage limits, and to obtain a copy of Our credit limit. fill) Account Debit Discount. The Energy certificate of insurance, please visit: Price and all other payments in this Agreement include www.vivintsolar.cornfinsurance. a Five Dollar ($S) monthly discount for allowing Us to (c) Risk of Loss:Casualty Losses. We shall bear automatically debit Your checking account. You will all risk of loss with respect to the System, except for not receive such Five Dollar ($5) monthly discount if losses arising from the acts or omissions by You or Your You choose to pay by any means other than automatic licensees, guests, invitees, contractors, or agents or debit from Your checking account (e.g., credit card). otherwise covered by Your insurance pursuant to (!v)Late Payments. For all payments more than ten(10) Section 5(b). If the System is damaged or destroyed by days past due, We may impose a late charge equal to fire, storm, flood, earthquake, or other disaster or Fifteen Dollars ($15) and interest at an annual rate accident (each, a 'Casualty Event") fully covered by equal to the lesser of ten percent (10%) or the Our insurance, We will promptly repair or replace the maximum rate permitted by applicable law, ph as damaged portions of the System as necessary to applicable taxes. You agree that Your monthly restore it to good working condition- If the System is payments, as well as any late charges interred by You damaged or destroyed by a Casualty Event not fully as described in this Section 3. may be electronically covered by Our insurance, We may, at Our option (i) debited automatically from Your checbing account or repair and restore the System to good working charged to Your credit card. If You continue to fail to condition;or(ii)terminate this Agreement and,at Your make any payment within ten (10) days after We give election, either convey the System in its then-existing You written notice,then We may exercise all remedies condition, "As Is, Where is', to You for no additional available to Us pursuant to Section 61bl(ii). consideration or remove the System from Your (v) Unconditional Payment. You agree that the Property. obligation to pay any amount due under this (d) Disconnection of System. We may cause Agreement shall be absolute and unconditional, and the System to be disconnected from any electrical shall not be subject to any abatement, defense, facilities,including the Utility's facilities, if they require counterclaim, setoff, recoupment, or reduction. You such disconnection or We are required to do so under and We agree that all amounts payable by You applicable law, including (but not limited to) any hereunder shall be payable in all events including by disconnection directed by the Utility as part of a Your heirs, successors, and permitted assigns. Except curtailment or other order or instruction. for Your right to terminate under the Notice of (e) Limited Installation and Roof Penetration Cancellation or after a Seller Default (as such term is Warranty. During the entire Term of this Agreement, defined in Section 6(b)(iii)),You hereby waive all rights under customary use and operating conditions, We You may have to reject or cancel this Agreement, to provide a workmanship warranty that the System will revoke acceptance of the System,or to grant a security be free from material defects in design and interest in the System. workmanship. When We penetrate Your roof during 4. Our Services. installation of the System, We warrant that all rooftop (a) Operations and bdaintenance. During the penetrations are watertight. This roof penetration entire Term of this Agreement, We will honor the warranty will run the longer of(i)one(1)year following limited installation warranty described below in installation of the System; (ii) the length of any new Section 4(e), and We will operate and maintain the construction homebuilder warranty for Your roof; and System (i) at Our sole cost and expense; (11) in good (((i)any period required by applicable law. condition; and (M) in material compliance with all (f) Manufacturers' Warranties, We do not applicable laws and permits and the Utility's provide any warranty to You with respect to any requirements. component of the System. Any manufacturer's i warranty is for Our benefit as owner of the System and Copynght 0 20'1 1-2015 Vivint Solar Develogef,U.C. All Aigtxs Reserved, PPA f6l2015, v3.1) I Page 4 � i is Independent of the limited installation warranty collect the data. We will store such meter data described above in Section 4(e). The System's solar throughout the Term and provide it to You upon Your modules carry a minimum manufacturer's warranty of reasonable request. You agree to allow Our personnel twenty(20)years as follows: (1)during the first ten(10) reasonable access to Your Property to collect such years of use, the modules' electrical output will not data. At Our discretion, We may test the accuracy of degrade by more than ten percent (10%) from the the performance meters from time to time. If testing originally rated output; and (ii) during the first twenty indicates that the meter is inaccurate by more than (20) years of use, the modules' electrical output will plus or minus five percent (±S%),then We will (i) repair not degrade by more than twenty percent(20%)from and recalibrate the Meter, at no cost to You; and the originally rated output. The System's inverters (ii) make retroactive adjustments to Your payments carry a minimum manufacturer's warranty of ten (10) based on corrected meter data for the period of such j years against defects or component breakdowns. inaccuracy. if the meter is inoperable for any reason, During the Term, We will enforce these warranties as including Your failure to maintain working broadband j owner of the System. Internet or electrical connections, We may (1) charge (g) Exclusions and Disclaimer of Warranty. The You the Shutdown Payment, and/or (2) estimate any j limited installation and roof warranty set forth in performance guarantee payment. Section 4(e) above, does not apply to and does not 0) The System and the System Interests. cover problems resulting from: (i) Your acts or (f) Our Ownership of the System and the System omissions, including Your failure to abide by the terms Interests- We shall own and hold all property rights in of this Agreement; (ii) exposure to harmful materials (1)the System;and(2)any credits, rebates, incentives, and chemicals; (iii) any Force Majeure Event (as such allowances, or certificates that are attributed, term is defined in Section 61dll; (iv) vandalism, theft, allocated, or related to the System, the Energy, or or tampering with the System by anyone; (v) damage environmental attributes thereof (collectively, the caused by hail or ball strikes; and (vi) any other cause "System fnterm'). You hereby disclaim and, if beyond Our reasonable control. Our warranty and applicable, assign to Us any and all right, title and maintenance obligations under Sections Mal and 4 e interest in the System and the System Interests that may be transferred to a third party. EXCEPT AS SET You may have at any time, whether arising under FORTH IN THIS SECTION 4 AND EXHIBIT B, WE MAKE applicable law or otherwise, and You agree to execute NO OTHER WARRANTY TO YOU OR ANY OTHER all documents and instruments We reasonably request PERSON, WHETHER EXPRESS, IMPLIED, OR to carry into effect the terms and intent of the STATUTORY; AS TO THE MERCHANTABILITY OR foregoing assignment and to otherwise cause Us to be FITNESS FOR ANY PURPOSE OF THE EQUIPMENT, the exclusive owner of the System and the System INSTALLATION, DESIGN, OPERATION, OR Interests. You shall have no property interest in the MAINTENANCE OF THE SYSTEM;THE PRODUCTION OR System or the System Interests except for (A) the DELIVERY OF ENERGY; OR ANY OTHER ASSOCIATED Energy that the System generates, and (B) any credits SERVICE OR MATTER HEREUNDER, ALL OF WHICH WE or payments available under Your Utility's net HEREBY EXPRESSLY DISCLAIM. OUR LIABILITY FOR ANY metering program for the Energy that the System BREACH OF ANY WARRANTY IS LIMITED TO REPAIRING generates. You agree to keep the System and System THE SYSTEM OR YOUR PROPERTY TO THE EXTENT Interests free from all liens, security interests, levies, REQUIRED UNDER THIS AGREEMENT. YOU attachments, and encumbrances of any type, and You ACKNOWLEDGE THAT WE ARE RELYING ON THIS acknowledge that none of the System nor any of its SECTION MR) AS A CONDITION AND MATERIAL components nor any System Interests may be sold, INDUCEMENT TO ENTER INTO THIS AGREEMENT. leased, assigned,mortgaged, pledged, or encumbered THERE ARE NO WARRANTIES WHICH EXTEND BEYOND by You. You shall Indemnify Us against all losses, THE DESCRIPTION OF THE FACE HEREOF, claims, costs and expenses (including attorneys' fees) (h) Meterin . We will install performance incurred by Us in discharging and releasing any such meter(s) as needed to measure the Energy produced lien,encumbrance, pledge, levy, or attachment arising by the System (the "Mete!). We will collect by, under or through You. You agree to not take any performance data remotely or use Our personnel to action or allow any omission that could have the effect Copyr-ght 0 201't-2015 vivent Solar Developer,LLC. All Rights Reserved.. PPA(612015, v3.1) 1 Page 5 of Impairing the value of the System or the System (c) Existing violations and Conditions. We Interests. You shall Immediately notify Us upon shalt not be held responsible for any existing violations becoming aware of the occurrence or possibility of of applicable building regulations or ordinances on such impairment. (!i) Personal Property Nature of the Your Property, whether cited by the approprlate System. Notwithstanding the manner in which the authority or not. We are not responsible for any System is attached to Your Property, nor any fixture preexisting conditions on Your Property. Prior to filing by Us,You and We hereby agree that the System installation, You shall give to Us a copy of any and the System Interests shall remain Our sole easements,restrictions,or rights of way relating to the personal property and shall not be deemed or Property. If You do not do so, We will assume that j characterized as a "fixture" or any part of the "realty", none exist, and You shall be solely liable for any as those terms may be defined by applicable law_ It is violation of such easement, restriction,or right of way. I further agreed that the installation of the System shall (d) Grant of Access. You hereby grant to Us not be a repair, remodel, alteration, conversion, and Our employees, agents, and contractors the right modernization of, or addition to, Your Property. to access and use Your Property so that We may (iii) Notices of System Ownership_ You authorize Us to (i) install, operate, and maintain the System make filings and recordings with relevant throughout the Term, (ii) enforce Our rights as to this governmental authorities as may be necessary to Agreement and the System and the System Interests, provide notice of and to take security interest in Our and (iii) take any other action reasonably necessary in ownership in the System and the System Interests,and connection with the construction, installation, Our right to access Your Property, including (without operation, maintenance, repair, or removal of the limitation) financing statements and fixture filings. System. The foregoing rights of access to Your Upon termination of this Agreement, each such filing Property shall constitute a license coupled with an will be terminated. You understand that the System interest and shall be irrevocable for up to ninety (90) shall be marked and identified as Our property. days after this Agreement terminates to provide Us S. Customer Obligations. with time to remove the System at the end of the (a) Representations and Warranties. You Term_ represent, warrant, and agree that each of the (e) Modifications after Install (i) Alterations. following is true and correct: (i) all information You shall not (1) touch, handle, operate, alter, repair, concerning You herein is true, correct, and complete, or otherwise modify the System or any component (ii)You are the only fee simple owner(s)of the Property thereof; and (2) take any action that could void or (i.e., You have full and exclusive ownership rights to impair any warranty relating to the System. You will be the Property); (iii) You own the roof on the Property responsible for any damage to the System that is and have the unrestricted right to install the System caused at any time by You or Your licensees, guests, thereon; (iv) Your roof is in good condition and repair, invitees, contractors, or agents. (h) Property Repairs. without material defects, sufficient for Us to install the You are not permitted to make repairs or System;(v)You are at least eighteen (18)years of age; improvements to Your Property that may interfere and (vi) You have had the opportunity to review and with the performance or operation of the System discuss this Agreement with Our sales agent and any without Our prior consent pursuant to this other advisor You may desire to consult. You Section Ste). After the fifth (51) anniversary of the In- understand that any mistake, misrepresentation, or Service Date, if You provide Us with thirty (30) days" omission in this Agreement made by You is a material prior written notice, then We will temporarily remove breach of this Agreement and entitles Us to the and reinstall the System at Your request to allow for remedies provided for in Section 6(blifl). We make no such repair or improvement (a "CUstorrrer-Requested representations or warranties except as expressly set .Shutdowrf). You will be required to (1) pay to Us a fee forth in this Agreement. equal to Four Hundred and Ninety-Nine Dollars ($499) (b) Customer Insurance. You currently have before We remove the System; (2) securely store the and agree to maintain customary property and liability System components during the Customer-Requested insurance with respect to Your Property. Shutdown; and (3) pay the Shutdown Payment if the System is not reinstalled within thirty (30) days of Copynght 0 201.L•2015 Vmnt Solar beveloper,ILC. AI Rots Reserved, PPA 1612015, v3.1) 1 Page 6 removal. A Customer.Requested Shutdown during the Section, without proof of any damages or posting of first five(5)years of the Agreement will be done at Our any bond or similar security. sole discretion and at a cost mutually agreed before (g) Your Property. You are responsible to We remove the System. THE CUSTOMER-REQUESTED ensure that Your Property (including all electrical SHUTDOWN COSTS DESCRIBED IN THIS SECTION S(e) systems and the roof)is maintained in good condition ARE NOT AN EARLY CANCELLATION FEE. OTHER THAN and repair. It is Your responsibility to remove or AS SET FORTH IN THE NOTICE OF CANCELLATION AND protect any personal property or fixtures (including, SECTIONS 5(nl. 6(b). AND ¢(r , YOU ARE NOT but not limited to, decorations, furniture, vehicles, ALLOWED TO TERMINATE OR CANCEL THIS plants, and other valuables) in the areas of Our work AGREEMENT PRIOR TO THE END OF THE TERM. and the locations surrounding the System. We are not (iii) Required Changes. If You, the Utility, or any responsible for damages or loss of said items whether governmental agency requires (1) any change to the caused by Our personnel, equipment, or natural System after its installation,You shall pay Our standard causes (including, without limitation, damage caused parts and labor charges;or(2)that We pay any tax,fee, by snow failing from Your roof). or other charge in relation to the System or this (h) Use of the System. You shall use the Energy Agreement after the In-Service Date,then You shall be from the System primarily for personal, family, or responsible to reimburse Us for such tax,fee, or other household purposes,but not to heat a swimming pool. charge(including any taxes under Section 5(k)). At all times,You shall ensure that the Property remains (f) Insolation. You acknowledge and agree grid-connected to the Utility. that the System's unobstructed access to sunlight (i) Broadband Internet Connection. You must ('Inso/atfolr) is essential to Us and is a material provide the System with continuous access to a inducement to Our entering into this Agreement_Atall functioning broadband internet connection with one times during the Term, You shall not cause, permit,or (1)wired Ethernet port and standard electrical outlet, otherwise allow any circumstance or condition within at Your cost_ if You fail to maintain broadband internet Your control that could adversely affect Insolation, or electrical connection for a period of time, We may including (without limitation): (i) any material (i) charge You the Shutdown Payment, and/or alteration of Your Property where the System is (ii)estimate any performance guarantee payment. installed; (ii) the installation of any structure, or any (j) Authorizations. Prior to installation of the other obstruction; (iii) the growth of trees and other System, You shall obtain from Your mortgagee, home foliage; or (iv) the emission from Your Property of owners' association, or any other person with an particulate matter, smoke, fog, steam or any other interest in Your Property all authorizations necessary airborne impediments that materially affect Insolation. for Us to install, operate, and maintain the System. You agree to trim all trees and other foliage to ensure Your failure to obtain these authorizations in a timely that shading of Your roof and the System is no worse manner may result in termination of this Agreement. than on the Transaction Date. If You become aware of (k) Taxes. You will pay all taxes assessed on or any potential development or other activity on arising from installation or operation of the System, j adjacent or nearby properties that could diminish the including any transaction privilege,general excise, use, Insolation, You shall promptly notify Us and shall sales or other transaction-based taxes on the Energy cooperate with Us in reasonable measures We may produced by the System, and any real or personal take in an attempt to preserve existing levels of property taxes on the System that Your local Insolation. Notwithstanding any other right or remedy jurisdiction may levy. provided in this Agreement, You agree that We would (1) Further Assurances. Upon Our request, be irreparably harmed by Your breach of Your You shall promptly sign and return, or otherwise assist obligations under this Section and that an award of Us in obtaining: (1) any application, agreement, or damages would be inadequate to remedy such a other document necessary for Us to obtain any System breach, and that therefore We shall be entitled to Interests; (ii) any permits, interconnection, net equitable relief, including specific performance, to metering agreements, and other documents required compel Your compliance with the provisions of this b the Utility; p p p y (iii) any document necessary to verify Our ownership interest in the System and System Copynght 0 2011 2015`✓wint S63r Deveicper,LLC. AN Rights Reserved. PPA 16,12015, 0.1) 1 Page 7 I I interests; and (iv) You shall promptly comply with any written notice to You and You will be obligated to pay of Our additional requests so that We may obtain to Us an amount equal to Four Dollars ($4) per watt possession of all System Interests. To the extent installed, subject to a reduction of five percent (5%) permitted by applicable law, You hereby authorize Us per year (e.g., in year 20, the Transfer Payment will be to complete any documents referenced above in this $1.56 per watt installed), plus applicable taxes (the Section Sill by adding any information necessary. "TranskrPaymenf). After You pay to Us the Transfer (m) Duty to Notify. You shall promptly notify Us Payment,We will transfer ownership of the System to if(i)You notice any person or thing interfering with the You on an"As is,Where Is"basis;provided that We will operation of the System; (ii) Your Property has any retain all right and title to the System Interests. ordinance or permit violations at encumbrance that Notwithstanding any other provision in this may prevent proper System permitting,installation,or Agreement, if the proposed transfer of Your Property operation; (iii) You take any emergency action with to the Property Transferee is a lease or other transfer respect to the System; or(iv) You receive or otherwise that is not a fee simple sale, You will remain acquire any System Interests, including any incentive responsible for performance of Your obligations under payments. Your failure to promptly notify Us of such this Agreement. You agree that the death of all matters shall be a Customer Default under Customers hereunder shall be deemed a transfer of Section 6(b)(i). In the event of an emergency affecting Your Property, and We will work with Your successors the System, You shall contact Us immediately. If We and heirs to transfer this Agreement under this are unable to timely respond, You may (at Your own Section Sin). expense) contract with a licensed and qualified solar 6. Special Circumstances. installer to remove the System as necessary to make (a) System Shutdowns. (i) Safety Shutdown. repairs required by the emergency. You shall be In addition to Our right to shut down the System for responsible for any damage to the System that results maintenance, We may shut down the System if We from actions taken by Your contractor. reasonably believe that Property conditions or (n) Transfer of Property. You are required to activities of persons on the Property, which are not notify Us thirty (30) days prior to any sale or transfer under Our control,whether or not under Your control, of Your Property. When notifying Us, You will be may interfere with the safe operation of the System required to provide the following information: the (a "Safiry Shutdowd'). During the pendency of a name of the person buying Your Property or the Safety Shutdown, You will pay Us the Shutdown transferee (the "PraperfyTransferep"),the anticipated Payment. (U)Property Vacated. In the event that You date of the sale or transfer, and any additional vacate Your Property for any period of time as a result information We reasonably request. If the Property of an event that is not a Force Majeure Event or a Seller Transferee meets Our credit qualifications, then Default, You will continue to pay Us for all the Energy (where permitted by the Utility and applicable law)the produced by the System. (iii) interconnection Property Transferee can sign a transfer agreement, Deactivation. if interconnection with the Utility assuming all of Your rights and obligations under this becomes deactivated for reasons that are not (1) a Agreement. Prior to any such sale or transfer of Your Force Majeure Event,or(2)caused by or related to Our Property, You agree to have the Property Transferee unexcused action or inaction, such that the System is sign the transferee agreement. YOU ACKNOWLEDGE no longer able to produce electricity or transfer AND AGREE THAT UNTIL THE PROPERTY TRANSFEREE electricity to You or to the Utility, You will pay Us the HAS SIGNED THE TRANSFER AGREEMENT AND WE Shutdown Payment. (iv) Shutdown Payment. The HAVE ACCEPTED THE PROPERTY TRANSFEREE "Sham'own Payment' shall equal the sum of THEREUNDER, YOU SHALL REMAIN RESPONSIBLE FOR (1) payments of the Energy Price that You would have ALL OBLIGATIONS IN THIS AGREEMENT. Alternatively, made to Us as described in Section 3(a) for the Energy if We determine that the Property Transferee is not that would have been produced by the System during adequately creditworthy to assume Your obligations the period of the shutdown; (2) the value to Us of the under this Agreement, or the Property Transferee System Interests that We would have received during refuses to assume Your obligations under this such shutdown; and (3) applicable taxes. Agreement, We may terminate this Agreement on Determination of the amount of Energy that would Copyreght C 2011 2015 Y.vfnt Solar Oevetoper,LtC AG Rights Reserved. PPA(612015, v3J) I Page g I have been produced during the period of the such failure is not cured within thirty (30) days after shutdown shall be based on estimated levels of You give Us written notice of such failure. production. If We bill You for the Shutdown Payment fly) Remedies for Seller Default. If a Seller Default because the System Is not reporting Energy production occurs and is continuing, You may: (1) terminate this i to Us, and We subsequently determine that We have Agreement and request removal of the System from either overestimated or underestimated the actual Your Property; and/or (2) except as provided below, Energy production, then We will adjust the next exercise any other remedy available to You in this invoice with a non-refundable credit (for over-billing) Agreement or under applicable law. Notwithstanding or an additional charge(for under-billing). You will not the foregoing,You will have no right to claim damages be charged for Shutdown Payment when the System is as a result of the termination of this Agreement, not producing Energy due to Our fault. If a shutdown except for(x)the actual costs to remove the System, if pursuant to Section 5(e)or this Section 6(a)continues We fail to remove the System from Your Property for one hundred and eighty (180) days or longer, We pursuant to Section 6(c): and (y) any damages to Your may, in Our sole discretion, terminate this Agreement Property resulting from the removal of the System by and require You to pay the Default Payment. Us or Our contractor. (y) Default Payments. if this (b) Events of Default. fi) Customer Default. A Agreement is terminated for any reason, other than "Qutomer Default' shall mean the occurrence of any pursuant to the Notice of Cancellation, Section 6(d).or of the following: (1)Your failure to make any payment a Seller Default, You will pay to Us the Default under this Agreement within ten(10)days of when due Payment. The "DefaultPaymerrFshall bean amount and such failure is not cured within ten (10) days after equal to Seven Dollars ($7) per watt installed, subject We give You written notice of such failure; (2) Your to a reduction of fare percent (5%) per year (e.g., in failure to perform any obligation under this Agreement year 20, the Default Payment will be $2.68 per watt and such failure is not cured within thirty (30) days installed), plus applicable taxes. You agree that the after We give You written notice of such failure;(3)You Default Payment fairly reflects the value of the System, deny Us, Our contractors or agents, governmental and, in the case of a Customer Default, is a fair authorities, or the Utility access to Your Property and representation of the damages and losses that We such access is not given within thirty(30)days after We expect to incur. After You pay to Us the Default give You written notice of the failure to provide such Payment,We will transfer ownership of the System to access; (4) Your bankruptcy, insolvency, or admission You on an"As Is,Where Is" basis;provided that We will of Your inability to pay Your debts as they mature; or retain all right and title to the System Interests. (5) Your Property becoming subject to a foreclosure (c) Termination. (i) Termination by Seiler. We proceeding. (fi) Remedies for Customer Default. If a may, in Our sole discretion, terminate this Agreement j Customer Default occurs, We may exercise any of the (1) if prior to the In-Service Date, upon delivery of following remedies: (1)terminate this Agreement and written notice to You; or(2) upon the occurrence of a demand You pay the Default Payment; (2) leave the Customer Default_ Within ninety (90) days after System in place on Your Property, but deny You use of termination of this Agreement, other than under the the Energy it produces, which may be redirected and circumstances in which the System is transferred to sold at Our election; (3) disconnect or take back the You under Section 2(b). Section 5(n). or Section 6{b). System as permitted by applicable law; (4) place a lien We will remove the System and restore all rooftop on Your Property; (5) engage a collection agency to penetrations to be free from leaks. If We elect to collect payments from You; (6) report Your default to terminate this Agreement, We will have no further credit reporting agencies; (7) suspend Our liability to You, (ii) Termination by Customer, You may performance under the Agreement; and/or terminate this Agreement(1) pursuant to the terms of j (8) exercise any other remedy available to Us in this the Notice of Cancellation,or(2)upon a Seller Default. Agreement or under applicable law. Seller's remedies (d) Force Majeure. If You or We are unable to set forth in this Section 6(b)(ii)are cumulative and not perform any of the obligations under this Agreement exclusive. fiii) Seller Default. A "Seller Default' shall because of a Force Majeure Event, such affected Party mean Our failure to perform any of Our material will be excused from whatever performance is affected obligations under this Agreement and the effect of by the Force Majeure Event; provided that the Copyright 0 2011-2015 V.vint Solar Devetaper, ltC. All Rights Reserved. PPA(612015, v3..1) 1 Page 9 suspension of such obligations is of no greater scope other agreement concerning the subject matter and of no longer duration than is required by the force hereof; (ill) any breach, default, or termination of this Majeure Event. "fo=Ma/eumEkwf'shall mean any Agreement; and (iv) the interpretation, validity, or event, condition, or circumstance beyond the control enforceability of this Agreement, including the of the affected Party which, by the exercise of due determination of the scope or applicability of this foresight such Party could not reasonably have been Section 6(e)(each, a "0lspute). Prior to commencing expected to avoid, and which by the exercise of due arbitration or an action in small claims court, a Party diligence such Party without fault attributable to it is must first send a written "Notice of Dispute" via unable to overcome, including, but not limited to, certified mail to the other Party. If You elect to action by a governmental authority, the failure to act commence arbitration or file a claim in small claims on the part of any governmental authority or the Utility court, the Notice of Dispute must be sent to VIViNT (provided that such action has been timely requested SOLAR DEVELOPER, LLC, 3301 N Thanksgiving Way, and diligently pursued), failure to obtain or maintain a Suite 500, Lehi, UT 84043,Attn: Legal Department. If permit, license, consent, or approval (provided that We elect to initiate arbitration or rile a claim in small such Party has made timely and reasonable claims court, We will send the Notice of Dispute to commercial efforts to obtain and maintain the same), Your billing address. The Notice of Dispute must labor dispute, strike, work-stoppage, slow-down, lock- describe the nature and basis for the Dispute and the out, flood, earthquake, volcano, fire, lightning, wind, relief sought. If You and We are unable to resolve the epidemic, war, terrorism, riot, economic sanction or Dispute within thirty (30) days thereafter, then either embargo,civil disturbance,act of god,unavailability of Party may commence arbitration. The arbitration shall electricity from the Utility, equipment, supplies of be administered by JAMS pursuant to its Streamlined products, power or voltage surge caused by someone Arbitration Rules and Procedures and in accordance other than the affected Party, or failure of equipment with JAMS Policy on Consumer Arbitrations Pursuant not utilized by or under the control of the affected to Pre-Dispute Clauses Minimum Standards of Party. In no event shall a Force Majeure Event excuse Procedural Fairness (available at: You from any of Your payment obligations under this http://www.jamsadr.com, the "/AMS Rulec') and Agreement. under the rules set forth in this Agreement. Any claim (e) Arbitration of Disputes. Most customer against a state home improvement guarantee fund concerns can be resolved quickly and amicably by (including under Maryland Code § 8-405(c)) by You calling Our customer service department at shall be stayed until the completion of any mandatory 877.404.4129. if Our customer service department is arbitration proceeding. The arbitrator shall be bound unable to resolve Your concern, You and We agree to by the terms of this Agreement. No matter the j resolve any Dispute (as such term is defined bel)w) circumstances, the arbitrator shall not award punitive, through binding arbitration or small claims court special,exemplary,indirect,or consequential damages instead of courts of general jurisdiction. BY SIGNING to either Party or any other award inconsistent with BELOW, YOU ACKNOWLEDGE AND AGREE THAT the limitations set forth in Section 7(a). (1)YOU ARE HEREBY WAIVING THE RIGHT TO A TRIAL Claims for less than $10,000. If the relief sought by BY JURY; (2) YOU MAY BRING CLAIMS AGAINST US either Party is for less than$10,000,the following shall ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A apply. You may choose whether the arbitration will be PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED conducted solely on the basis of documents submitted CLASS OR REPRESENTATIVE PROCEEDING;AND(3)THE to the arbitrator, through a telephonic hearing, or by FEDERAL ARBITRATION ACT (9 U.S.C. § 1 et seq.) an in-person hearing near Your Property consistent GOVERNS THE INTERPRETATION AND ENFORCEMENT with the JAMS Rules. if You are required to pay a filing OF THiS PROVISION. Except for claims brought in small fee,after We receive notice that you have commenced claims court, You and We agree to arbitrate all arbitration, We will promptly reimburse You for Your disputes, claims, and controversies arising out of or payment of any filing fees. If the arbitrator issues You relating to (i) any aspect of the relationship between an award that is greater than the value of Our last You and Us, whether based in contract, tort, statute, written settlement offer made before an arbitrator or any other legal theory; (ii) this Agreement or any was selected (or if We did not make a settlement offer Copynght 0 2011 2015 Vivant Solar Developer,LLC, AN Rights Reserved. PPA(6P015, v3..1)I Page 10 i before an arbitrator was selected), then We will pay t/m AGREE TOARBITRATION rjjls- You the lesser of the amount of the award or$10,000, AND WANE THE RIGHTTO A plus reasonable attorneys' fees incurred by You and JURYTRIAL: oa avm+s oartmols awarded by the arbitrator. Except as expressly set Dow forth herein, the payment of all costs, filing fees, and (f) Governing Law. This Agreement, and any administration and arbitrator fees will be governed by instrument or agreement required hereunder,shall be the JAMS Rules. governed by,and construed under,the internal laws of Claims for $10,000 or more. If the relief sought by the state where the Property is located. either Party is for $10,000 or more, all fees and costs T. Miscellaneous. (including filing fees, administration and arbitrator (a) Limitation of Liability. You understand that: fees, all attorneys' fees, travel expenses, and other (I) We are not an insurer of Your Property, personal costs of the arbitration) shall be borne by You and Us property, or personal safety of persons in or on Your in accordance with the JAMS Rules, JAMS Policy on Property; (R) You are solely responsible for providing Consumer Arbitrations Pursuant to Pre-Dispute any insurance with respect to Your Property and its Clauses Minimum Standards of Procedural Fairness, contents; (iii) the amount You pay to Us is based only and applicable law. The arbitration shall be conducted on the value of the Energy produced by the System and at a mutually agreeable location near Your Property. not on the value of Your Property or its contents; Regardless of the manner in which the arbitration is (iv) the System may not always operate properly for conducted, the arbitrator shall issue a reasoned, various reasons; (v) it is difficult to determine in written decision sufficient to explain the essential advance the value of the components of the System findings and conclusions on which the award is based that might be lost or destroyed if the System fails to and judgment on an arbitration award may be entered operate properly;and (vi) it is difficult to determine in advance what portion, if any, of any property loss, in any court of competent jurisdiction. Nothing in this Section 6(e)shall preclude You or We from seeldng personal injury,or death would be proximately caused provisional remedies in aid of arbitration from a court by Our failure to perform, Our negligence, or a failure of competent jurisdiction. of the System, or the System installation. NOTICE: BY INITIALING IN THE SPACE BELOW, YOU NOTWITHSTANDING ANY BREACH OF THIS ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT AGREEMENT, ANY FAILURE OF THE SYSTEM, OR ANY OF THEMATTERS INCLUDED IN THE"ARBITRATION OF NEGLIGENT ACT THAT CAUSED ANY INJURY OR LOSS DISPUTES" PROVISION DECIDED BY BINDING NEUTRAL (WHETHER PROPERTY DAMAGE, PERSONAL INJURY, ARBITRATION AS PROVIDED BY THE FEDERAL OR DEATH) TO ANYONE, TO THE FULLEST EXTENT ARBITRATION ACT AND OTHER APPLICABLE LAW AND PERMITTED BY APPLICABLE LAW, WE AND YOU AGREE YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS THAT,UNLESS SUCH INJURY OR LOSS WAS CAUSED BY TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY A PARTY'S GROSS NEGLIGENCE, FRAUD, VIOLATIONS TRIAL. BY INITIALING IN THE SPACE BELOW, YOU ARE OF LAW, OR WILLFUL INJURY, SUCH PARTY'S LIABILITY GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND ARISING OUT OF OR RELATING TO THIS AGREEMENT APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY SHALL IN NO EVENT EXCEED THE DEFAULT PAYMENT. INCLUDED IN THE "ARBITRATION OF DISPUTES" YOU AND WE AGREE THAT THIS AMOUNT IS A FAIR PROVISION. IF YOU REFUSE TO SUBMIT TO REPRESENTATION OF THE DAMAGES THAT YOU OR WE ARBITRATION AFTER AGREEING TO THIS PROVISION, EXPECT TO INCUR IN THE CASE OF ANY INJURY OR LOSS YOU MAY BE COMPELLED TO ARBITRATE UNDER THE HEREUNDER. FEDERAL ARBITRATION ACT AND OTHER APPLICABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOUR AGREEMENT TO THIS ARBITRATION LAW, NO CLAIM SHALL BE MADE BY YOU AGAINST US PROVISION IS VOLUNTARY. YOU HAVE READ AND OR ANY OF OUR AFFILIATES, DIRECTORS, EMPLOYEES, UNDERSTAND THE FOREGOING AND AGREE TO AGENTS, OR CONTRACTORS FOR ANY SPECIAL, SUBMIT DISPUTES ARISING OUT OF THE MATTERS EXEMPLARY, INDIRECT, INCIDENTAL, INCLUDED IN THE "ARBITRATION OF DISPUTES" CONSEQUENTIAL, OR PUNITIVE DAMAGES (WHETHER PROVISION TO NEUTRAL ARBITRATION. OR NOT THE CLAIM THEREFORE IS BASED ON CONTRACT, TORT, DUTY IMPOSED BY LAW, OR Copyright 0 2011 2015 VYmnt Solar Oeve:cper,LLC. AN Ruins Reserved. PPA(612015 v3 1)1 Page I OTHERWISE),IN CONNECTION WITH,ARISING OUT OF, constitute the entire agreement between You and Us OR IN ANY WAY RELATED TO THE TRANSACTIONS and supersede all prior oral and written negotiations, CONTEMPLATED BY THIS AGREEMENT OR ANY ACT OR communications, discussions and correspondence OMISSION OR EVENT OCCURRING IN CONNECTION pertaining to the subject matter hereof. THEREWITH. YOU HEREBY WAIVE, RELEASE, AND (f) Our Transfer. We may assign, sell, or AGREE NOT TO SUE UPON ANY SUCH CLAIM FOR ANY transfer (in whole or in part) this Agreement, the SUCH DAMAGES, WHETHER OR NOT ACCRUED AND System, or the System Interests without Your consent WHETHER OR NOT KNOWN OR SUSPECTED TO EXIST and without notice. If such assignee agrees in writing IN YOUR FAVOR. YOU FURTHER AGREE THAT NO to assume all of Our rights and obligations under this CLAIM, LAWSUIT, OR ANY OTHER LEGAL OR Agreement, We will have no further liability or ARBITRATION PROCEEDING IN CONNECTION WITH, obligation under this Agreement upon the ARISING OUT OF, OR IN ANY WAY RELATED TO THIS effectiveness of such assignment. AGREEMENT MAY BE BROUGHT, COMMENCED OR (g) Binding Effect. This Agreement shall be FILED MORE THAN ONE (1) YEAR AFTER THE INCIDENT binding upon and inure to the benefit of You and Us GIVING RISE TO SUCH CLAIM. YOU ACKNOWLEDGE and Our and Your respective heirs, legal THAT WE ARE RELYING ON THIS SECTION 7(al AS A representatives, successors, and permitted assigns. CONDITION AND MATERIAL INDUCEMENT TO ENTER Except as otherwise expressly provided in this INTO THIS AGREEMENT. Agreement, or by operation of law, neither this (b) Indemnification. To the fullest extent Agreement nor any of the rights, interests, or permitted by applicable law, You hereby agree to obligations hereunder may be assigned by You without indemnify, advance expenses, and hold harmless Us Our prior written consent. Any assignment by You and Our affiliates, directors, employees, agents, without Our prior written consent shall be void. contractors, and Our successors and assigns (each, a (h) Notice. All notices,requests,demands,and "Covered Persarf) from any and all third party claims, other communications required or permitted to be actions, costs, expenses (including reasonable given under this Agreement shall be in writing attorneys' fees and expenses), damages, liabilities, delivered to the applicable Party at the address set penalties, losses, obligations, injuries, demands, and forth in this Agreement or to such other address as any liens of any kind or nature in connection with, arising Party may designate from time to time by written out of, or in any way related to (i)Your breach of this notice to the other Party. Agreement, or (ii) Your negligence or willful (i) Survival. After termination or expiration of misconduct; provided that Your indemnification this Agreement, any provisions which by their nature obligations under this Section 7(b)shall not apply if the are intended to survive such termination or harm or damage that is the basis for such third party cancellation shall survive, including (without claim occurred while one of Our employees or agents limitation)Sections 2(b).3 4 d (g),j1 5 6 and 7 and was at Your Property and such harm or damage was Exhibits A and B attached hereto. caused by the gross negligence, violation of law, or (jj Severability. If any provision of this willful misconduct of such employee or agent. Agreement is held to be invalid, prohibited, or (c) Subrogation. You agree to release all otherwise unenforceable by an arbitrator or court of Covered Persons from any claims of any parties suing competent jurisdiction, this Agreement shall be through Your authority or in Your name, such as Your considered divisible and such provision shall be insurance company, and You agree to defend Us deemed inoperative to the extent it is deemed invalid, against any such claim. YOU AGREE TO NOTIFY YOUR prohibited,or unenforceable, and in all other respects INSURANCE COMPANY OF THIS RELEASE. this Agreement shall remain in full force and effect; (d) Amendments and Waivers This provided, however, that If any such provision may be Agreement may only be amended or modified by an made enforceable by limitation thereof, then such instrument in writing signed by both You and Us. provision shall be deemed to be so limited and shall be (e) Entire Agreement, This Agreement, the enforceable to the maximum extent permitted by Customer Packet, the Work Order, and any other applicable law. agreements or documents incorporated herewith, Copyr,ght 0 2011 2015 Vivint Solar 0eveicper,U.C. Ad Rights Reserved. PPA(6J?013, v3.'-) I Page 12 t (k) Counterparts. This Agreement may be forever release Us for any Dispute relating to or arising executed in one or more counterparts, and all such out of this Sectio 7 1 . counterparts shall be deemed to constitute one (m) Credit Check. in connection with the instrument. A facsimile or portable document format execution of this Agreement and at any time during (`pdf")shall constitute an original for purposes hereof. the Term, You hereby authorize Us to (i) obtain Your (I) Publicity. You hereby authorize Us to use credit rating and report from credit reporting agencies; Your and Your Property's voice, photograph, video, (ii) to report Your payment performance under this and likeness in print media, radio, television, e-mail, Agreement to credit reporting agencies; and social media, web materials, and any audio or video (iii)disclose this and other information to Our affiliates recording, provided that We agree that We will not and actual or prospective lenders, financing parties, disclose any of Your personally identifying information investors, insurers,and acquirers. (except as provided in Section 7Im13. You waive and (SIGNATURE PAGE FOLLOWS) I i I I i i I I i II I I i I I I Ccpvright 0 20114015 viAnt Solar Developer,LLC All Rights Reserxd. PPA(612015, 0.1) 1 Page 13 - - O E NOTICE T CUSTOMRS A. LIST OF DOCUMENTS TO BE INCORPORATED INTO entitled to a completely filled In copy of this THE CONTRACT: Agreement signed by both You and Us, before any I. Residential Solar Power Purchase Agreement, work may be started. ii. Exhibit A-Notice of Cancellation, F. YOU MAY CANCELTHIS TRANSACTION AT ANY TIME iii. Exhibit B-State Notices and Disclosures, BEFORE THE LATER OF: (1) MIDNIGHT OF THE THIRD iv. Customer Packet, and (3R0) BUSINESS DAY AFTER THE TRANSACTION DATE, v. Work Order(s). OR(II)THE STARTOF INSTALLATION OF THE SYSTEM OR These documents are expressly incorporated into this ANY OTHER WORK DONE BY VIVINT SOLAR DEVELOPER, Agreement and apply to the relationship between You LLCON YOUR PROPERTY. IF YOU WISH TO CANCEL THIS and Us. CONTRACT, YOU MUST EITHER: (1) SEND A SIGNED B. IT IS NOT LEGAL FOR US TO ENTER YOUR PREMISES AND DATED WRITTEN NOTICE OF CANCELLATION BY UNLAWFULLY OR COMMIT ANY BREACH OF THE REGISTERED OR CERTIFIED MAIL, RETURN RECEIPT PEACE TO REMOVE GOODS INSTALLED UNDER THIS REQUESTED; OR (2) PERSONALLY DELVER A SIGNED AGREEMENT. AND DATED WRITTEN NOTICE OF CANCELLATION TO: C. DO NOT SIGN THIS AGREEMENT BEFORE YOU VMNT SOLAR DEVELOPER, LLC,3301NTHANKSGIVING HAVE READ ALL OF ITS PAGES. You acknowledge that WAY, SUITE 500, LEHI, UT 84043, ATTN: PROCESSING You have read and received a legible copy of this DEPARTMENT. SEE THE ATTACHED NOTICE OF Agreement,that We have signed the Agreement, and CANCELLATION FOR AN EXPLANATION OF THIS RIGHT. that You have read and received a legible copy of every THE LAW REQUIRES THAT THE CONTRACTOR GIVE YOU document that We have signed during the A NOTICE EXPLAINING YOUR RIGHT TO CANCEL DO negotiation. NOT SIGN BELOW UNLESS THE CONTRACTOR HAS D. YOU RISK THE LOSS OF ANY PAYMENTS MADE TO GIVEN YOU A 'NOTICE OF THE THREE-DAY RIGHT TO A SALES REPRESENTATIVE. CANCEL' E. 00 NOT SIGN THIS AGREEMENT IF THIS G. You have the right to require us to have a AGREEMENT CONTAINS ANY BLANK SPACES. You are performance and payment bond. VIVINTSOLAR DEVELOPER, LLC CUSTOMER(S): By: 94% ay: S -\ rJ Printed Nome: Chris Gallagher Printed Nome: Sean Gallagher Salesperson No.: 30160 By: Printed Nome: Federal Employer ID No.: 80-0756438. State and Local License Nos.: AZ: ROC-288627; CA: C46/C10-973756; CO: EC-0100200; CT: HIC-0634382, ELC0189635-El; OE: T1-0006038; FL: EC13006740; HI: C13-CT-33444; LA: EC-59753; MA: HIC-170848, EC.13141A; MO: HIC-130385; NJ: HIC-13VH06589300, EC-34EB01108500; NM: EE98-385223; NV: EC-0080170; NY: Nassau Co. H24099100, Putnam Co. PC6914, Rockland Co. H-11972-40-00-00, Suffolk Co. 51228-H, 49592-ME, Westchester Co. 26664-H14; OR: CCB-196558, BCD-CLR28; PA: HIC-089970; UT: S200/S202-8694003-5501; Washington DC: HIC-4 202 1 3 0000 5 2, ECC-903277. Copyright 0 2011 2015 Vrvint Solar Developer LLC All Rjgots Reserseo PPA i612015. v3 1) 1 Page 1.1 EXHIBIT A FA"STATES) NOTICE OF CANCELLATION (Customer copy) Transaction Dote: 08/29/2015 Service No.: 4535111 YOU MAY CANCELTHIS TRANSACTION,WfIHOUTANY PENALTY OR OBLIGATION,WITHIN THREE(3)BUSINESS DAYS OF THE ABOVE DATE, OR (IF LATER) UNTIL THE START OF INSTALLATION OF THE SYSTEM OR ANY OTHER WORK DONE BY VIVINT SOLAR DEVELOPER, LLC ON YOUR PROPERTY. IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACTOR SALE,AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN TEN(10)BUSINESS DAYS FOLLOWING RECEIPT BYTHE SELLER OFYOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED. IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE SELLER AT YOUR RESIDENCE, IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED,ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR SALE, OR YOU MAY, IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE SELLER REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE SELLER'S EXPENSE AND RISK. IF YOU DO MAKE THE GOODS AVAILABLE TO THE SELLER AND THE SELLER DOES NOT PICK THEM UP WITHIN TWENTY(20)DAYS OF THE DATE OF YOUR NOTICE OF CANCELLATION,YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. IF YOU FAIL TO MAKE THE GOODS AVAILABLE TO THE SELLER, OR IF YOU AGREE TO RETURN THE GOODS TO THE SELLER AND FAIL TO DO SO,THEN YOU REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT. TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SEND ATELEGRAM,TO VIVINT SOLAR DEVELOPER,LLC,AT 3301 N THANKSGIVING WAY,SUITE 500,LEHI,UT 84043, ATTN:PROCESSING DEPARTMENT PRIOR TO THE LATER Ok (1)MIDNIGHT OF THE THIRD(3td)BUSINESS DAYAFTER THE TRANSACTION DATE, OR (11) THE START OF INSTALLATION OF THE SYSTEM OR ANY OTHER WORK DONE BY VIVINT SOLAR DEVELOPER,L.LC ON YOUR PROPERTY. 1 HEREBY CANCEL THIS TRANSACTION DATED: i Customers Signature: j i i i I i Copynght 0 2011 2015 Vwlnt Solar Developer,UC. All 4fus Reserved. PPA 1612015, v3..I) l Page 17 I NOTICE OF CANCELLATION (vivint Solar Copy) 7'ronsoction Dote: 08/29/2015 Serodce No.: 4535111 YOU MAY CANCEL THIS TRANSACTION,WITHOUT ANY PENALTY OR OBLIGATION,WITHIN THREE(3)BUSINESS DAYS OF THE ABOVE DATE, OR (IF LATER) UNTIL THE START OF INSTALLATION OF THE SYSTEM OR ANY OTHER WORK DONE BY VIVINT SOLAR DEVELOPER, LLC ON YOUR PROPERTY. IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY i PAYMENTS MADE BY YOU UNDER THE CONTRACTOR SALE,AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN TEN(10)BUSINESS DAYS FOLLOWING RECEIPTSYTHE SELLER OFYOUR CANCELLATION NOTICE,AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED. IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE SELLER AT YOUR RESIDENCE, IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR SALE;, OR YOU MAY, IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE SELLER REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE SELLER'S EXPENSE AND RISK. IF YOU DO MAKE THE GOODS AVAILABLE TO THE SELLER AND THE SELLER DOES NOT PICKTHEM UP WITHIN TWENTY(20)DAYS OF THE DATE OF YOUR NOTICE OF CANCELLATION,YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. IF YOU FAIL TO MAKE THE GOODS AVAILABLE TO THE SELLER, OR IF YOU AGREE TO RETURN THE GOODS TO THE SELLER AND FAIL TO DO SO,THEN YOU REMAIN LIABLE FOR PERFORMANCE OF ALL OBUGA71ONS 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 ATELEGRAM,TO VIVINT SOLAR DEVELOPER,LLC,AT 3301 N THANKSGIVING WAY,SUITE 500, LEHI,UT 84043, ATTN:PROCESSING DEPARTMENT PRIORTO THE LATER OF: (1)MIDNIGHT OF THE THIRD(3rd)BUSINESS DAY AFTER THE TRANSACTION DATE, OR (11) THE START OF INSTALLATION OF THE SYSTEM OR ANY OTHER WORK DONE BY VIVINT SOLAR DEVELOPER, LLC ON YOUR PROPERTY. I HEREBY CANCEL THIS TRANSACTION DATED: Customer's Signature: I I II i i I I I C.opyrght 0 2011 20J.5 vmnt Solar Developer.LLC All ftms Reserved. - PPA t612015, v3.J)I Page 18 � I MHIBfr B-MASSACHUSETTS STATE NOTICES AND DISCLOSURES A. OBTAINING PERMITS. We shall obtain all necessary permits for the installation and operation of the System. Homeowners who secure their own permits shall be excluded from the state guaranty funds. B. OUR LICENSES. HOME IMPROVEMENT CONTRACTORS ARE REQUIRED TO BE REGISTERED WITH THE DIRECTOR OF THE MASSACHUSETTS OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION. FOR INFORMATION ABOUT CONTRACTOR REGISTRATION REQUIREMENTS, CONTACT THE MASSACHUSETTS OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION: TEN PARK PLAZA, SUITE 5170, BOSTON, MA 02116, 617.973.8700 OR 888.283.3757. I C. ARBITRATION. Notwithstanding anything to the contrary in the Agreement, the contractor and homeowner hereby mutually agree in advance that in the event that the contractor has a dispute concerning this contract, the contractor may submit such dispute to a private arbitration service which has been approved by the Office of Consumer Affairs and Business Regulation and the consumer shall be required to submit to such arbitration as provided in M.G.L. c. 142A. NOTICE: The signatures of the parties below apply only to the dispute resolution initiated by the contractor. The owner may initiate alternative dispute resolution even where this section is not separately signed. VIVINT SOLAR DEVELOPER CUSTOMER(S): By. 46�1 By: Printed Name: Chris Gallagher Printed Name: Sean Gallagher Salesperson No.: 30160 - BY: Printed Name: I I i Cupvr,ght it)2011 2015 V vint Solar Developer.LLC All Rigt Ls Reserved. PPA(612015, v3 f) 1 Page 26 mu i so I a r 3301 North Thanksgiving Way, Suite 500 Structural Group Lehi, LIT 84043 P: (801) 234-7050 Scott E. Wyssling, PE Senior Manager of Engineering scott.wyssling@vivintsolar.com September 14, 2015 Mr. Dan Rock, Project Manager Vivint Solar 3301 North Thanksgiving Way, Suite 500 Lehi, UT 84043 Re: Structural Engineering Services Gallgher Residence 40 Belleview Ave, Salem MA S-4535111 8.58 kW Dear Mr. Rock: Pursuant to your request, we have reviewed the following information regarding solar panel installation on the roof of the above referenced home: 1. Site Visit/Verification Form prepared by a Vivint Solar representative identifying specific site information including size and spacing of members for the existing roof structure. 2. Design drawings of the proposed system including a site plan, roof plan and connection details for the solar panels. This information was prepared by the Design Group and will be utilized for approval and construction of the proposed system. 3. Photovoltaic Rooftop Solar System Permit Submittal identifying design parameters for the solar system. 4. Photographs of the interior and exterior of the roof system identifying existing structural members and their conditions. Based on the above information we have evaluated the structural capacity of the existing roof system to support the additional loads imposed by the solar panels and have the following comments related to our review and evaluation: Description of Residence: The existing residence is typical wood framing construction with the roof system consisting of the following: • Roof Sections (1, 2, and 3): Prefabricated home with 2x6 dimensional lumber at 24" on center. The attic space is unfinished and photos indicate that there was free access to visually inspect the size and condition of the roof members. All wood material utilized for the roof system is assumed to be Spruce-Pine-Fir #2 or better with standard construction components. The existing roofing material consists of composite shingle. Our review of the photos of the exterior roof does not indicate any signs of settlement or misalignment caused by overstressed underlying members. Stability Evaluation: A. Wind Uplift Loading 1. Refer to attached Ecolibrium Solar calculations sheet for ASCE/SEI 7-10 Minimum Design Loads for Buildings and other Structures, wind speed of 100 mph based on Exposure Category B and 23 degree roof slopes on the dwelling areas. Ground snow load is 40 PSF for Exposure B, Zone 2 per (ASCE/SEI 7-10). 2. Total area subject to wind uplift is calculated for the Interior, Edge and Corner Zones of the dwelling. vivi t. solar Page 2 of 2 B. Loading Criteria 10 PSF = Dead Load (roofing/framing) 40 PSF = Live Load 3 PSF = Dead Load (solar panels/mounting hardware) Total Dead Load= 13 PSF The above values are within acceptable limits of recognized industry standards for similar structures and in accordance with the 2009 International Residential Code. Analysis performed on the existing roof structure utilizing the above loading criteria indicates that the existing members will support the additional panel loading without damage, if installed correctly. C. Roof Structure Capacity 1. The photographs provided of the attic space and roof rafters show that the framing is in good condition with no visible signs of damage caused by prior overstressing. D. Solar Panel Anchorage 1. The solar panels shall be mounted in accordance with the most recent "Ecolibrium Solar Installation Manual", which can be found on the Ecolibrium Solar website (ecolibriumsolar.com). If during solar panel installation, the roof framing members appear unstable or deflect non-uniformly, our office should be notified before proceeding with the installation. 2. The solar panels are 1 Y:" thick and mounted 4 '/z" off the roof for a total height off the existing roof of 6". At no time will the panels be mounted higher than 6"above the existing plane of the roof. 3. Maximum allowable pullout per lag screw is 205 Ibs/inch of penetration as identified in the Nation Design Standards (NDS) of timber construction specifications for Spruce-Pine-Fir assumed. Based on our evaluation, the pullout value, utilizing a penetration depth of 2 '/2", is less than the maximum allowable per connection and therefore is adequate. 4. Roof Sections (1, 2, and 3): Considering the roof slopes, the size, spacing, condition of the roof, the panel supports shall be placed at and attached no greater than every other roof member as panels are installed perpendicular across members and no greater than the panel length when installed parallel to the members (portrait). No panel supports spacing shall be greater than two (2) spaces or 48"o/c, whichever is less. 5. Panel support connections shall be staggered to distribute load to adjacent members. Based on the above evaluation, with appropriate panel anchors being utilized the roof system will adequately support the additional loading imposed by the solar panels. This evaluation is in conformance with the 2009 International Residential Code, current industry standards and practice, and the information supplied to us at the time of this report. Should you have any questions regarding the above or if you require further information do not hesitate to contact me. tru Iy Yours,.+ SHOF s Ar SUN VIL Scott E. Wyss g, PE No,511507 MA License No. 50 g90A GISTS FSS�ONM ENS' diem$. solar tv ---- -------- ------------ ------- Qz -0 J,z W .z PV SYSTEM SIZE: 8.580 kW DC 'OF 1"PVC CONDUIT OM JUNCTION BOX TO ELEC PANEL JUNCTION BOX ATTACHED TO-----\ ARRAY USING ECO HARDWARE TO KEEP JUNCTION BOX OFF ROOF PV INTERCONNECTION POINT INVERTER, LOCKABLE DISCONNECT SWITCH, ——— ANSI METER LOCATION, &UTILITY METER LOCATION gmo o .................. .............. (33)Trina Solar TSM-260 PDO5,08 MODULE 7L3 z CITY OFFSET z w I Z Z SHEET L NAME———— —————————————————————— ——— W Z F- < 40 Belleview Ave, Salem MA 01970 -j Fn rL SHEET NUMBER: PV SYSTEM SITE PLAN SCALE: Custom > C A -0 EW V STRING#2 .0 16 MODULES LUMBING VENTS) 0) Roof Section 1 Co RZAI,imuth 284 "o Tilt:23 . . ...... . ... .. ........ 0 CMOs LNUM\N Roof Section 2 R30i IN Rod Tk 23 TIE INTO METER#----/ 37698311 .. ... ... .. . z Ji w o w W z MP.SHINGLE Roof Section 3 w z RWirLMA An04 < Roof TIL 23 Mill SHEET LV STRING#1 NAME 17 MODULES LL Z 0 0 SHEET NUMBER PV SYSTEM ROOF PLAN C). SCALE: Custom > IL CLAMP MOUNTING SEALING PV3.0 DETAIL WASHER m LOWER c/) arc SUPPORT �3om m z L=d��m z PV MODULES, TYP. MOUNT U OF COMP SHINGLE ROOF, FLASHING PARALLEL TO ROOF PLANE 2 1/2" MIN CU 5 5/16"0 x 4 1/2" MINIMUM STAINLESS PV ARRAY TYP. ELEVATION STEEL LAG SCREW NOT TO SCALE TORQUE=1322 ft-Ibs O CLAMP ATTACHMENT to NOT TO SCALE •e CLAMP+ m ATTACHMENT •� o CANTELEVER U4....... COUPLING J L=PERMITTED CLAMP ECO SPACING SEE CODE COMPLIANT COMPATIBLE LETTER FOR MAX ALLOWABLE MODULE CLAMP SPACING. PERMITTED COUPLING < m o a CLAMP+ CLAMP CLAMP m 7 ' ATTACHMENT SPACING "' q COUPLING PHOTOVOLTAIC MODULE E z w . ¢ rcvii w w z m � w z N N J Z_ SHEET NAME: L=PORTRAIT N CLAMP SPACING Z Zt7 TFT u u Q o o F- ECO p COMPATIBLE SHEET L=LANDSCAPE MODULE PV SYSTEM MOUNTING DETAIL NUMBER: CLAMP SPACING MODULES IN PORTRAIT/LANDSCAPE NOT TO SCALE 1 M NOT TO SCALETO SCALE a DC Safety Switch Notes: Rated for max operating condition of inverter NEC 690.35 compliant U 'opens all ungrounded conductors 0) x Notes: SE760OA-US-U Inverter Specs: " rnv� ALL CONDUCTORS AC Operating 240 Qom AC Operating Voltage 240V Continuous Max Output 32A SHALL BE COPPER DC Maximum Input Current 23A �:ho V Solar Edge Optimizer Specs: to P300 DC Input Power 30OW J OC Max Input Voltage 8-48V (� DC Max Input Current 12.5A Design Conditions: DC Max Output Current 15A ASHRAE 2013 Max String Rating 525OW Highest Monthly 2%DB Design Temp 35.6°c. Module Specs: L 33 PV MODULES PER INVERTER=8580 WATTS STC Lowest Min.Mean Extreme DB -17°C Trina Solar TSM-260PD05.08 O 1 STRING OF 17 PV MODULES VOC Temp coefficient V/°C Short Circuit Current(Isc) 9.00A 15TRING OF 16 PV MODULES sO600A USE sErBSBA�usu Open Circuit Voltage(Voc) 38.2V NVERTER System Specs: • " Operating Current(Imp) 8.50A � Max DC Voltage 500V Operating Voltage(Vmp) 30.6V C 0 0 0 DO Nominal DC O Operating Voltage 350V Max Series Fuse Rating 15A oc BAEDG P 9 9 9 swlTCH Max.DC Current per String 15A STC Rating(Pmax) 26OW E Nominal AC Current 32A Power Tolerance -0/+3% N sOLAREDGE P300 OPTIMIZERS ff_� s=m°°.xLnfnzRS MaOV UNFUSED NEMA3 > z K I EDDIVALENT K D: In° ° - w w m sOLAREDGE si°nMe W J P300 UPTIMIZERS to0A v15¢4 r r 3 K E O SHEET EXISTING NAME Ili � 240V/200A AC w - -----------------------..------�---- LOAD-CENTER j SNEC,ANSI VISIBLE WITH 1-2 POLE 20A M METER L.L.LE (] �1 NNIPE AIc ^ SOLAR BREAKER 2 / DISDONBECT / SHEET L L _ NUMBER' PV WIRE IN FREEAIR INiO THWN-LN3/4"EMi MINIMUM BAWG CU WIRE(flATfD90 DEG CI IN 3/4"EMT CONDUIT.NEEPUNDEfl 2%VOLTAGE DEC'.MINIMUM COND, LI,LZ,AND NEUTRAL;RAWGGROUND WIRE. 1 COPPER EGC IRE EACH(RATED 90 DEG Q.6AWG BARE KEEP IS%VOLTAGE DROP. W II a� U N cn;m v z • Um vz .mD c= �Qulo • Wed May 06 2015- COMP.SHINGLE /(O v ROOF SECTION R �V 14 MODULES e.. + � .� } OMODULEOT ION 3 *` � 19 MODULES O f ri19:t ' P P N � D E Q K 1 I� rc rc m i w m z m . "* `WkYI aX - a off•k. SHEET FF�j i T THIS ROOF SECTION NOT USED,USAGE NAME: WAS REACHED WITH OTHER SECTIONS. Z U USAGE CONSTRAINT W O 92.3%CUSTOMER USAGE OFFSET 0 SHEET ROOF SECTION NUMBER: 2 MODULES ` O V' a - — - EcolibriumSolar Customer Info Name: 4535111 Email: Phone: Project Info Identifier: 46926 Street Address Line 1: 40 Belleview Ave Street Address Line 2: City: Salem State: MA Zip: 01970 Country: United States System Info Module Manufacturer: Trina Solar Module Model: TSM 260-PD05.08 Module Quantity: 33 Array Size (DC watts): 8580.0 Mounting System Manufacturer: Ecolibrium Solar Mounting System Product: EcoX Inverter Manufacturer: SolarEdge Technologies Inverter Model: SE760OA-US (240V) Project Design Variables Module Weight: 43.0 Ibs Module Length: 65.0 in Module Width: 37.0 in Basic Wind Speed: 100.0 mph Ground Snow Load: 40.0 psf Seismic: 0.0 Exposure Category: B Importance Factor: II Exposure on Roof: Partially Exposed Topographic Factor: 1.0 Wind Directionality Factor: 0.85 Thermal Factor for Snow Load: 1.2 Lag Bolt Design Load - Upward: 820 Ibf Lag Bolt Design Load - Lateral: 288 Ibf EcoX Design Load - Downward: 722 Ibf EcoX Design Load - Upward: 765 Ibf EcoX Design Load - Downslope: 297 Ibf EcoX Design Load - Lateral: 233 Ibf Module Design Moment—Upward: 3655 in-lb Module Design Moment—Downward: 3655 in-lb Effective Wind Area: 20 ft2 Min Nominal Framing Depth: 2.5 in Min Top Chord Specific Gravity: 0.42 - - - - - EcolibriumSolar Plane Calculations (ASCE 7-10): 2 Roof Shape: Gable Edge and Corner Dimension: 3.0 ft Roof Type: Composition Shingle Stagger Attachments: Yes Average Roof Height: 25.0 ft Include Snow Guards: No Least Horizontal Dimension: 25.0 ft Roof Slope: 23.0 deg Truss Spacing: 24.0 in Snow Load Calculations Description Interior Edge Corner Unit Flat Roof Snow Load 33.6 33.6 33.6 psf Slope Factor 0.86 0.86 0.86 Roof Snow Load 28.9 28.9 28.9 psf Wind Pressure Calculations Description Interior Edge Corner Unit Net Design Wind Pressure Uplift -19.4 -31.9 -47.9 psf Net Design Wind Pressure Downforce 11.4 11.4 11.4 psf Adjustment Factor for Height and Exposure Category 1.0 1.0 1.0 Design Wind Pressure Uplift -19.4 -31.9 -47.9 psf Design Wind Pressure Downforce 16.0 16.0 16.0 psf ASD Load Combinations Description Interior Edge Corner Unit Dead Load 2.6 2.6 2.6 psf Snow Load 28.9 28.9 28.9 psf Downslope: Load Combination 3 11.4 11.4 11.4 psf Down: Load Combination 3 26.9 26.9 26.9 psf Down: Load Combination 5 12.0 12.0 12.0 psf Down: Load Combination 6a 27.9 27.9 27.9 psf Up: Load Combination 7 -10.2 -17.7 -27.3 psf Down Max 27.9 27.9 27.9 psf Spacing Results(Landscape) Description Interior Edge Corner Unit Max Allowable Spacing Between Attachments 63.8 63.8 63.8 in Max Spacing Between Attachments With Rafterrrruss Spacing of 24.0 in 48.0 48.0 48.0 in Max Cantilever from Attachment to Perimeter of PV Array 21.3 21.3 21.3 in Spacing Results(Portrait) Description Interior Edge Corner Unit Max Allowable Spacing Between Attachments 48.2 48.2 482 in Max Spacing Between Attachments With Rafter/Truss Spacing of 24.0 in 48.0 48.0 48.0 in Max Cantilever from Attachment to Perimeter of PV Array 16.1 16.1 16.1 in - - - - - EcolibriumSolar Layout Skirt e Coupling Note: If the total width of a continuous array exceeds 35 ft, break array to allow for thermal expansion and contraction. See Installation Guide for details. O Clamp Warning: PV Modules may need to be shifted with respect to roof trusses to comply with 0 Bonding Jumper maximum allowable overhang. - - - J - - EcolibriumSolar Roof Weights In Conformance with Solar ABC's Expedited Permit Process Module Quantity: 2 Weight of Modules: 86 Ibs Weight of Mounting System: 150 Ibs Total Plane Weight: 236 Ibs Total Plane Array Area: 33 ft2 Distributed Weight: 7.07 psf Number of Attachments: 75 Weight per Attachment Point: 3 Ibs - - - - - - - - - - - - - - EcolibriumSolar Plane Calculations (ASCE 7-10): 1 Roof Shape: Gable Edge and Corner Dimension: 3.0 It Roof Type: Composition Shingle Stagger Attachments: Yes Average Roof Height: 15.0 ft Include Snow Guards: No Least Horizontal Dimension: 15.0 ft Roof Slope: 23.0 deg Truss Spacing: 24.0 in Snow Load Calculations Description Interior Edge Corner Unit Flat Roof Snow Load 33.6 33.6 33.6 psf Slope Factor 0.86 0.86 0.86 Roof Snow Load 28.9 28.9 28.9 psf Wind Pressure Calculations Description Interior Edge Corner Unit Net Design Wind Pressure Uplift -19.4 -31.9 -47.9 psf Net Design Wind Pressure Downforce 11.4 11.4 11.4 psf Adjustment Factor for Height and Exposure Category 1.0 1.0 1.0 Design Wind Pressure Uplift -19.4 -31.9 -47.9 psf Design Wind Pressure Downforce 16.0 16.0 16.0 psf ASD Load Combinations Description Interior Edge Corner Unit Dead Load 2.6 2.6 2.6 psf Snow Load 28.9 28.9 28.9 psf Downslope: Load Combination 3 11.4 11.4 11.4 psf Down: Load Combination 3 26.9 26.9 26.9 psf Down: Load Combination 5 12.0 12.0 12.0 psf Down: Load Combination 6a 27.9 27.9 27.9 psf Up: Load Combination 7 -10.2 -17.7 -27.3 psf Down Max 27.9 27.9 27.9 psf Spacing Results(Landscape) Description Interior Edge Corner Unit Max Allowable Spacing Between Attachments 63.8 63.8 63.8 in Max Spacing Between Attachments With RafterfTruss Spacing of 24.0 in 48.0 48.0 48.0 in Max Cantilever from Attachment to Perimeter of PV Array 21.3 21.3 21.3 in Spacing Results (Portrait) Description Interior Edge Corner Unit Max Allowable Spacing Between Attachments 48.2 48.2 48.2 in Max Spacing Between Attachments With Rafter(Truss Spacing of 24.0 in 48.0 48.0 48.0 in Max Cantilever from Attachment to Perimeter of PV Array 16.1 16.1 16.1 in EcolibriumSolar Layout Skirt e Coupling Note: If the total width of a continuous array exceeds 35 ft, break array to allow for thermal expansion and contraction. See Installation Guide for details. O Clamp Warning: PV Modules may need to be shifted with respect to roof trusses to comply with 0 Bonding Jumper maximum allowable overhang. - - - — - - - - — EcolibriumSolar Roof Weights In Conformance with Solar ABC's Expedited Permit Process Module Quantity: 14 Weight of Modules: 602 Ibs Weight of Mounting System: 150 Ibs Total Plane Weight: 752 Ibs Total Plane Array Area: 234 ft2 Distributed Weight: 3.22 psf Number of Attachments: 75 Weight per Attachment Point: 10 Ibs - - _ - - - EcolibriunnSolar Plane Calculations (ASCE 7-10): 3 Roof Shape: Gable Edge and Corner Dimension: 3.0 ft Roof Type: Composition Shingle Stagger Attachments: Yes Average Roof Height: 25.0 ft Include Snow Guards: No Least Horizontal Dimension: 25.0 ft Roof Slope: 23.0 deg Truss Spacing: 24.0 in Snow Load Calculations Description Interior Edge Corner Unit Flat Roof Snow Load 33.6 33.6 33.6 psf Slope Factor 0.86 0.86 0.86 Roof Snow Load 28.9 28.9 28.9 psf Wind Pressure Calculations Description Interior Edge Corner Unit Net Design Wind Pressure Uplift -19.4 -31.9 -47.9 psf Net Design Wind Pressure Downforce 11.4 11.4 11.4 psf Adjustment Factor for Height and Exposure Category 1.0 1.0 1.0 Design Wind Pressure Uplift -19.4 -31.9 -47.9 psf Design Wind Pressure Downforce 16.0 16.0 16.0 psf Aso Load Combinations Description Interior Edge Corner Unit Dead Load 2.6 2.6 2.6 psf Snow Load 28.9 28.9 28.9 psf Downslope: Load Combination 3 11.4 11.4 11.4 psf Down: Load Combination 3 26.9 26.9 26.9 psf Down: Load Combination 5 12.0 12.0 12.0 psf Down: Load Combination 6a 27.9 27.9 27.9 psf Up: Load Combination 7 -10.2 -17.7 -27.3 psf Down Max 27.9 27.9 27.9 psf Spacing Results(Landscape) Description Interior Edge Corner Unit Max Allowable Spacing Between Attachments 63.8 63.8 63.8 in Max Spacing Between Attachments With Rafterfrruss Spacing of 24.0 in 48.0 48.0 48.0 in Max Cantilever from Attachment to Perimeter of PV Array 21.3 21.3 21.3 in �i Spacing Results (Portrait) Description Interior Edge Corner Unit Max Allowable Spacing Between Attachments 48.2 48.2 48.2 in Max Spacing Between Attachments With Rafter(rruss Spacing of 24.0 in 48.0 48.0 48.0 in Max Cantilever from Attachment to Perimeter of PV Array 16.1 16.1 16.1 in EcolibriumSolar Layout A Skirt e Coupling Note: If the total width of a continuous array exceeds 35 ft, break array to allow for thermal expansion and contraction. See Installation Guide for details. O Clamp Warning: PV Modules may need to be shifted with respect to roof trusses to comply with 0 Bonding Jumper maximum allowable overhang. EcolibriumSolar Roof Weights In Conformance with Solar ABC's Expedited Permit Process Module Quantity: 17 Weight of Modules: 731 Ibs Weight of Mounting System: 150 Ibs Total Plane Weight: 881 Ibs Total Plane Array Area: 284 ft2 uted Weight: 3.1 Distributed sf p g Number of Attachments: 75 Weight per Attachment Point: 12 Ibs — — - - - - - EcolibriumSolar Bill Of Materials Part Name Quantity ECO-001_101 EcoX Clamp Assembly 75 ECO-001_102 EcoX Coupling Assembly 37 ECO-001_105B EcoX Landscape Skirt Kit 14 ECO-001 105A EcoX Portrait Skirt Kit 0 ECO-001 103 EcoX Composition Attachment Kit 75 ECO-001_116 EcoX Flat-Tile Flashing 0 ECO-001_117 EcoX S-Tile Flashing 0 ECO-001_118 EcoX W-Tile Flashing 0 ECO-001_363 EcoX Lower Support-Tile 0 ECO-001_109 EcoX Electrical Assembly (optional) 3 ECO-001_106 EcoX Bonding Jumper Assembly 7 ECO-001_104 EcoX Inverter Bracket Assembly 0 ECO-001 338 EcoX Connector Bracket 0 ECO_001-359 EcoX Lower Support- Low Slope 0