92 MARLBOROUGH RD - BUILDING INSPECTION 1 . 7 CK 3zz3
g� The Commonwealth of Massachusetts
Board of Building Regulations and Standards CITY OF
M� Massachusetts State Building Code, 780 CMR SALEM
Revised Mar 2011
Building Permit Application To Construct, Repair, Renovate Or Demolish a
One- or Two-Family Dwelling
(�I This Section For Official Use Only
ln� Building Permit Number: Date A lie�d/:
Building Official(Print Name) Signature Date
SECTION 1:SITE INFORMATION
1,j f LI Property Address: /}I� � `!' 1.2 Assessors Map&Parcel Numbers
I.1a Is this an accepted street?yes_ no f Map Number Parcel Number
1.3 Zoning Information: 1.4 Property Dimensions:
Zoning District Proposed Use Lot Area(sq tt) Frontage(tt)
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?
Check if es❑ Municipal❑ On site disposal system ❑
SECTION 2: PROPERTY OWNERSHIP'
2.1 Owner'ofReco@nrique Campos Salem, MA. 01970
Name(Print) C' ,stat , . Dadd Enri ue@hotmail.eom
92 Marlborough rd 978-395�� y g
No.and Street Telephone Email Address
SECTION 3: DESCRIPTION OF PROPOSED WORK'(check all that apply)
New Construction❑ Existing Building❑ Owner-Occupied ❑ Repairs(s) ❑ 1 Alteration(s) ❑ I Addition ❑
Demolition ❑ 1 Accessory Bldg. ❑ Number of Units_ Other ❑ Specily:
Brief Description of Proposed Work':
t S V1'1
SECTION 4: ESTIMATED CONSTRUCTION COSTS
Item Estimated Costs:
(Labor and Materials) Official Use Only
1. Building $ qu
1. Building Permit Fee:$ Indicate how fee is determined:
2.Electrical $ ❑Standard City/Town Application Fee
❑Total Project Cost'(Item 6)x multiplier x
3.Plumbing $ 2. Other Fees: $
4. Mechanical (HVAC) S List:
5.Mechanical (Fire
Suppression) $ Total All Fees:$
�, {I� r_O Check No. Check Amount: Cash Amount:
6.Total Project Cost: $ q U 0 Paid in Full 0 Outstanding Balance Due:
SECTION 5: CONSTRUCTION SERVICES
5A Construction Supervisor License(CSL) 12S)I1Q
Jam `, Expiration Date
Name of CSL Holder
U F-1 _ , �&Ma-,—) ', ^ List CSL Type(see below) y
No.and Street CN` Type Description
z .� ),4 , r /t n -�k �\Ql(�� U Unrestricted(Buildings up to 35,000 cu.ft.)
�L /l/�l R Restricted l&2 FamilyDwelling
City/Town, State,ZIP M Mason
ry
RC Roofing Covering
WS Window and Siding
_ Sr Solid Fuel Burning Appliances
'I �p130S;LY)WJ �-tMSQ e,� a\Ay [ I Insulation
Tele hone Email address D Demolition
5.2\R�Registered Home Improvement Contractor(HIC) ,101�q� \ l
"\V \ ry tfi &XID-r I-iIC Registration Number Expiation Dale
HIC Corpggqy)N, r,.[tIC.Registl'anl Name
No.an ��[1lr�e'I\JJ``0 U,J(,`�(J W � 1 y x, Email address
City/Town,State,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 Issuance of the building permit.
Signed Affidavit Attached? Yes ..........❑ No..........:O>
SECTION 7a:OWNER AUTHORIZATION TO BE COMPLETED WHEN
OWNER'S AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT
I,as Owner of the subject property,hereby authorize V\V m t s4k) y-
to act on my behalf, irOl matters relative to work authorized by this building permit application.
05/08/15
Print Owner's Name(Electronic Signature) Date
SECTION 7b: OWNER' OR AUTHORIZED AGENT DECLARATION
By entering my name below,I hereby attest under the pains and penalties of perjury that all of the information
contained in this application is true and accurate to the best of my knowledge and understanding.
Print Owncr's or Authorized Agent' a(Elec nic Signature) Date
NOTES:
I. An Owner who obtains a building 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-sov/oca Information on the Construction Supervisor License can be found at www.masst�wdos
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"may be substituted for"Total Project Cost"
The Commonwealth of Massachusetts
Department of IndustrialAccidents
Office of Investigations
I Congress Street,Suite 100
Boston,JVA 01114-2017
www mass.gov/dia
Workers'Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers
Applicant Information Please Print Leeibiv
Name (BusineWOrganizationnndivlduaq: yivint Solar Developer, LLC
Address:3301 North Thanksgiving Way, Suite 500
City/State/Zip: Lehi, LIT 84043 Phone#:801-377-9111
Are you an employer?Check the appropriate box: Type of project(required):
LN I am a employer with 10 4. ❑ I am a general contractor and I
art
employees(full and/or p -time).
+ have hired the sub-contractors 6. ❑New construction
2.❑ I am a sole proprietor or partner- listed on the attached sheet. 7. ❑ Remodeling
ship and have no employees These sub-contractors have g, ❑Demolition
working for me in any capacity. employees and have workers'
insurance I 9. ❑ Building addition
comp.[No workers' comp. insurance P.
required.] 5. ❑ We are a corporation and its 10.❑ Electrical repairs or additions
3.❑ I am a homeowner doing all work officers have exercised their l I.❑Plumbing repairs or additions
myself. [No workers' comp. right of exemption per MGL 12.❑Roof repairs
insurance required.] r c. 152,§1(4),and we have no
employees. [No workers' 1 AN Other Solar Installation
comp. insurance required.]
-Any applicant that checks box NI most also fill out the section below showing their workers'compensation policy information.
f Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such.
TContractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have
employees. If the sub-contractors have employees,they must provide their workers'comp.policy number.
I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site
information.
Insurance Company Name:Zurich American Insurance Company
Policy#or Self-ins. Lic. :WC 509601300 Expiration Date: 11/1120115
Job Site Address: q!J City/State/Zip: 1G�fiz
Attach a copy of the workers'compensation polic declaration page(showing the policy number and expiration date).
Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a
fine up to$1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fore
of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of
Investigations of the DIA for insurance coverage verification.
I do hereby certify under the pains and penalties of perjury that the information provided above isst true
/an correct
Signature Date �Qak//[
Phone#: 801-2296459
Official use only. Do not write in this area,to be completed by city or town official.
City or Town: Permit/License#
Issuing Authority(circle one):
1. Board of Health 2. Building Department 3. City/Town Clerk 4. Electrical Inspector 5.Plumbing Inspector
6.Other
Contact Person:. Phone#:
4 Office of Consumer Affairs nd 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 20M-05/11 Address Renewal ❑ Employment ❑ Lost Card
fit Massachusetts -Department of Public Safety
�f Board of Building Regulations and Standards
Construction Supervisor
License: CS-045254
JAMES R SHERMAN --
SAUGUS MA 01506
Expiration
08l28/2016
Commissioner
4coR CERTIFICATE OF LIABILITY INSURANCE F °1=1201°°"""r'
1013,f10,4
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: N the certificate holder is an ADDITIONAL INSURED,the polley(les)must be endorsed If SUBROGATION IS WANED,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 enclorsernmentItI
PRODUCERMARSH USA INC. NAMEp
Cy
122517TH STREET,SURE 1300 PHONE FAX
DENVER,CO 80202-5539 E-MALL
ac No
Attn:Denver.cenrequestglmarsh.com,Fax:212.948.4381
INSURERS)AFFORDING COVERAGE "IC a
462738-STNOGAWUE-14-15 INSURER A:Eversion Insurance Company 35378
INSUREDYrvint Soler,Inc INSURER B:Zurich American Insurance Company 16535
Vivint Solar Developer LLC _ INSURER C:American Zurich Insurance Company 40142
3301 North Thanksgiving Way
Suite 500 INSURER D:
Lehi,UT 84043 INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: SEA-02366030LUS 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.
WTTRR TYPEOFINSURANCE INSI SUBR POLICY NUMBER POUCYEFT N LIODYYEw LIMITS
A GENERAL LIABILITY 14PKGWE00274 1U0112014 11/0112015 EACH OCCURRENCE $ ,,OWAgg
% COMMERCIAL GENERAL LIABILITY PREMISES 5 50,000
CLAIMS-MADE M OCCUR MED EXP arm Ilan) $ 5.000
X S9,000 Ded.BI&PD 1,000000
PERsoNALAADV Iwunr $
GENERAL AGGREGATE $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ 5000,000
POLICY -XI LOC $
B AUTOMOBILE LIABILITY BAP509601NO 11VI2014 00112015 COMBINED SINGLE UNITlEa clem) It 11000,000
X ANY AUTO BODILY INJURY(Per person) $
ALL AUT OWNED AIUTO SCHEDULED BODILY INJURY(Per scddeng 5
% HIRED AUTOS % NON-OMEDAUTOS 5
$
A tlsLeAFiu t1AB % OCCUR 14EFXWEOM 1110112014 110/2015 EACH OCCURRENCE S 5,000,000
X EXCESS LNB CLAIMS-MACE AGGREGATE s 5,ODO,000
CEO I I RETENTION$ $
C WORKERS COMPENSATION WCS 01300 11/01014 11 12015 WO STAID- OTH-
ANO EMPLOYERS'IIAWLITYElL
B ANY PROPRIETORPARTNERIEXECUTIVE YIN WC508601900 111U112014 1110112015 E.L.EACH ACGDENT s 1,000,000
OFFICERUMEMBER EXCLUDED? NIA
(MAndamry In Nil) EL DISEASE-EA EMPLOYEE $ 1,000,000
I yes,C desadbe under 1,000,000
DESRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT 8
A lEmarsliCarlsilonsil 14PKGWE00274 1%1I2014 11/0112015 UMIT 1,0D0,000
Contractors Pollution DEDUCTIBLE 5,000
DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (A,bcb ACOWIM,Adddloml Ram ft SchedWe,Irmdmapemierwquimdl
The Certificate Holder and others as defined in the written agreement am included as additional insured where required by mitten contrail with resped to General Uability.This Insurance is primary and narF
contributory over any existing insurance and Ii n tad In liability arising autof the operators of the named insured end where required by writen contract Waiver of subrogation is applicable where required by written
contract with respect to General Lebllity 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.
AUTHORIZED REPRESENTATIVE
of Mars USA Inc
Kathleen M.Parsloe .rfrdar[lmsr-z/l. P2(d'6 -
401888-2010 ACORD CORPORATION. All rights reserved.
ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD
I
mo V on a So I a r 3301 North Thanksgiving Way, Suite 500
Structural Group Lehi, LIT 84043
P: (801) 234-7050
Scott E. Wyssling, PE
Head of Structural Engineering scott.wyssling@vivintso/ar.com
May 22,2015
Mr. Dan Rock, Project Manager
Vivint Solar
24 Normac Road
Woburn MA 01801
Re: Structural Engineering Services
Campos Residence
92 Marlborough Rd, Salem MA
S-4303545
4.94 kW System
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 trusses for the existing roof structure.
2. Design drawings of the proposed system including a site Ian roof Ian n 9 9 P .P Y 9 P p 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 a prefabricated
truss system with all chords constructed of 2x6 dimensional lumber at 24" on center. The attic space is unfinished
and the photos indicate that there was free access to visually inspect the size and condition of the roof rafters. All
wood material utilized for the roof system is assumed to be Spruce-Pine-Fir #2 or better with standard
construction components. 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. end 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
24 degree roof slopes on the dwelling areas. Groun
d 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.
vivin . solar
/ Page 2 of 2
B. Loading Criteria
10 PSF = Dead Load roofing/framing 40 PSF = Live Load (ground snow load)
5 PSF = Dead Load solar Panels/mounting hardware
Total Dead Load=15 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 of the existing roof structure
utilizing the above loading criteria indicates that the existing rafters will support the additional panel loading
without damage, if installed correctly.
C. Roof Structure Capacity
1. The photographs provided of the attic space and truss system 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 '/i' thick and mounted 4 '/" off the roof for a total height off the existing
roof of 6". At no time will the panels be mounted higher that 6" above the existing plane of the
roof.
3. Maximum allowable pullout per lag screw is 235 Ibs/inch of penetration as identified in the
National Design Standards (NDS) of timber construction specifications for Hem-Fir (North
Lumber) assumed. Based on our evaluation, the pullout value, utilizing a penetration depth of 2
", is less than the maximum allowable per connection and therefore is adequate. Based on the
variable factors for the existing roof framing and installation tolerances, using a thread depth of 2
/i' with a minimum size of 5/16" lag screw per attachment point for panel anchor mounts will be
adequate with a sufficient factor of safety.
4. Considering the roof slopes, the size, spacing, condition of roof, the panel supports shall be
placed at and attached to no greater than every other panel length when installed parallel to the
trusses (portrait). No panel supports spacing perpendicular to the trusses shall be greater than
two (2)trusses or 48" o/c, whichever is less.
5. Panel supports connections shall be staggered to distribute load to adjacent trusses.
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 based on 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.
SN OF Mq
Ve `yoUfS,
P /) Y y
Ciw
Scott E.Wyssli , PE 0 50
MA License No. 505 90 FGISTEPc
FESSIONA\
vovont solar
1 T
+. J4c� I 'T wI•
v�vlrtt "s� lar
� solar'
�� �. 3301 N Thanksgiving Way, Suite 500, Lehi, U'r 84043
VV U�u e U J support@vivintsolar.com I www.vivintsolar.com
Phone:977.404.4129 1 Fax: 801.765.5758
I
RESIDENTIAL POWER PURCHASE AGREEMENT
05/08/20154303545 ' .115
CUSTOMER INFORMATION
Enrique Campos
TELEPMME t AR1n. P•o1ERTY awR�EiN
(978) 395-5695 daddyenrique®hotmail.com oy" ONO
NAMEnAq MYW,lap
I
TELEPHONE E+A" FWKRTY OWNER
Oyes ONO
PROPERTY INFORMATION
STRE"ADDRESS 92 Marlborough Rd
err Salem C0"•nY A"'E MA 01970-1066
OUR • TO YOU
. .
- 1�menergyratew never xrease be more than 2 9%per year
- A team Of Eirdess,cnals to take cve of the process
YOUR OBLIGATIONS - Agree to Day'or tte enerp orod.ced by the so:jr energy system
DOCUMENTS THE AGREEMENT INCLUDES THE FOLLOWING DOCUMENTS:
• Power Purchase AgYeement,inicludd3tF:
• Exhbt A-Nance of tmebtwn
+ Exhibit 8-State Notices and Disclosures
• the Customer Packet,and
• the Work Order(s)..
WE MAY HAVE PRESCREENED YOUR CREDIT. PRESCREENING OF CREDIT DOES NOT IMPACT YOUR CREDIT SCORE.
YOU CAN CHOOSE TO STOP RECEIVING "PRESCREENED" OFFERS OF CREDIT FROM US AND OTHER
COMPANIES BY CALLING TOLL-FREE 888.S67.8688. SEE PRESCREEN & OPTOUT NOTICE (SECTION 71m11
BELOW FOR MORE INFORMATION ABOUT PRESCREENED OFFERS.
Cop/ret C 2011 2C1S), s.: :r Dew _x- C A!eZ+,ts;!_-,e vW PPA J1212014, v3 01 Page 1
�Avhl S o I a r e The Neuce ha ksgiving W may be sent L i, address:
3301 N Thanksgiving Way,Suite 500,Lehi, UT 84043 �
support@vivintsolar.com I www.vivintsolar.com
Phone:877.404.4129 1 Fax:801.765.5758
RESIDENTIAL POWER PURCHASE AGREEMENT
This RESIDENTIAL POWER PURCHASE AGREEMENT the System and cause it to generate Energy (as such
(together with all documents expressly incorporated term is defined in Section 3(a)). YOU ARE NOT
herewith, this "Agreemenn is entered into, dated as ALLOWED TO TURN ON THE SYSTEM UNTIL WE
of the Transaction Date (as set forth above), by and NOTIFY YOU THAT THE UTILITY HAS GIVEN ITS
between VIVINT SOLAR DEVELOPER, LLC, a Delaware PERMISSION TO OPERATE. PURSUANT TO j
limited liability company ("We", "Us", "Our) and the SECTION 7(b). YOU ARE LIABLE FOR ANY COSTS OR
undersigned CUSTOMER(s) ("You", "Your; and DAMAGE RELATING TO YOUR PREMATURE
together with Us,the 'Parties , and each a "Party)_ ACTIVATION OF THE SYSTEM.
i
1. Design, Installation,and Activation. 2. Term and Renewal.
(a) Description of the project and description (a) Term.This Agreement shall be effective as
of the significant materials to be used and e uqui ment of the Transaction Date and continue until the
to be installed. We will design, install, service, and twentieth (2Dth) anniversary of the In-Service Date
maintain a solar photovoltaic system on Your home at (the 'Term"). The "In-Service Date" shall be the first
the property address set forth above (the "Property), day after all of the following have been achieved:
which will include all solar panels, inverters, meters, (i)the System has been installed and is capable of
and other components (collectively, the "Systenf),as generating Energy; (i) all permits, inspections, and
further described in the Customer Packet and the approvals necessary to operate the System have been
Work Order(s) that We will provide to You hereafter_ obtained; and (iii) the System has been
All material portions of the System will be installed by interconnected with the Utility and received
Our employed technicians and electricians, and not permission to operate.
subcontractors. With Your cooperation, We will (b) Renewal. At the end of the Term, You may
(i)design, install, and conned the System in material elect to(i)continue with this Agreement on a year-to-
compliance with all applicable laws; (ii)complete all year basis; (ii)enter into a new Agreement with Us
required inspections; and (iii)obtain all required and cancel this Agreement; (iii) purchase the System
certifications and permits. In order to design a at the end of the Term and cancel this Agreement
System that meets Your needs, You agree that We (the "Purchase Option"); or (iv) cancel this Agreement
may obtain Your electrical usage history from Your and have the System removed at no cost to You. You
electric utility (the "UdH ) and You shall provide Us will need to notify Us in writing concerning Your
with copies of Your Utility bills as We may reasonably election sixty (60) days prior to the end of the Term.
request. We will design and install the System at no If You elect the Purchase Option, the "Purchase
cost to You. Option Prfce" will be the then-current fair market
(b) Aooroximate Installation Start and value of the System based on an independent
Completion Date. Subject to the delays of permitting appraiser's valuation of similarly sized photovoltaic
authorities, weather, and other conditions outside systems in Your geographic region. The appraiser's
Our control, installation of the System generally takes valuation will be provided to You in writing and will be
one (1) day and is anticipated to start and be binding. If We receive Your payment of the Purchase
substantially complete no later than+11/04/2015 Option Price, costs of the appraisal, applicable taxes,
(c) Activation. After Installation, inspection, and all other amounts then owing and unpaid
and receipt of all necessary approvals relating to the hereunder, We will transfer ownership of the System
System, We will request interconnection of the to You at the end of the Term on an "As Is, Where Is"
System with the Utility. Although We will promptly basis. If You elect to have the System removed, then
request interconnection with the Utikty, We cannot We will remove the System from Your Property within
promise or guarantee the date such permission will ninety(90)days after the end of the Term. IF YOU DO
be received. After Utility permission, We will activate NOT NOTIFY US OF YOUR ELECTION TO CANCEL BY
Copyright 0 2011 2015 Vmmt Solar Developer. LtC All Rigi.ts Reserved PPA(1212014, v3.0) 1 Page 2
i
i
i
SENDING A WRITTEN NOTICE TO US EITHER BY E- produced by the System. If the System is not
MAIL OR U.S. MAIL, THEN THIS AGREEMENT WILL reporting Energy production to Us, We may charge
AUTOMATICALLY RENEW ON A YEAR-TO-YEAR BASIS You the Shutdown Payment pursuant to Section 61b).
UNTIL YOU NOTIFY US IN WRITING Of YOUR There is no financing charge associated with this
ELECTION TO CANCEL AT LEAST SIXTY (60) DAYS Agreement. (fi)Automatic Payments. You shall make
PRIOR TO THE END Of THE RENEWAL TERM. payments to Us by automatic payment deduction
3. Price and Payment. from Your designated checking account or by
(a) Sale of Electricity. (i)Price. For all Energy automatic charge to Your credit card. It is Your
produced by the System, You shall pay Us $a.11 5per responsibility to ensure that there are adequate funds
kilowatt hour ("kWh") (the "Energy Price), PLUS or an adequate credit limit (iii)Account Debit
APPLICABLE TAXES. On each anniversary of the In- Discount. The Energy Price and all other payments in
Service Date, the Energy Price shall increase by two this Agreement include a Seven Dollar and Fifty Cent
and nine-tenths percent (2.9%). (ii) Sale. Beginning ($7.50) monthly discount for allowing Us to
with the In-Service Date, We will sell to You and You automatically debit Your checking account. You will
will buy from Us all of the energy produced by the not receive such Seven Dollar and Fifty Cent ($7.50)
System (the "Energy'). Title to and risk of loss with monthly discount if You choose to pay by credit card.
respect to the Energy shall transfer from Us to You at (rv) Late Payments. For all payments more than ten
the point where the System is interconnected with (10)days past due,We may impose a late charge equal
Your Property's electrical wiring. Energy from the to Twenty-Rve Dollars ($25) and Interest at an annual
System will be delivered to You in compliance with all rate equal to the lesser of ten percent (10%) or the
requirements of the Utility. A good faith estimate of maximum rate permitted by applicable law, plus
the System output, measured in kilowatt hours, will applicable taxes. If You continue to fail to make any
be provided to You in the Customer Packet;provided payment within ten (10) days after We give You
that we reserve the right to modify the size of the written notice, then We may exercise all remedies
System at the time of installation as required by available to Us pursuant to Section Will).
applicable law or in in Our reasonable discretion. (rv) Unconditional Payment. You agree that the
THIS AGREEMENT IS FOR THE SALE OF ENERGY BY US obligation to pay any amount due under this
TO YOU AND NOT FOR THE SALE Of THE SYSTEM,THE Agreement shall be absolute and unconditional, and
SYSTEM INTERESTS, OR A SOLAR ENERGY DEVICE. shall not be subject to any abatement, defense,
(iii) Limits on Obligation to Deliver. We are not a counterclaim, setoff, recoupment, or reduction. You
utility or public service company and do not assume and We agree that all amounts payable by You
any obligations of a utility or public service company hereunder shall be payable in all events including by
to supply Your energy requirements. We are not Your heirs, successors, and permitted assigns. Except
subject to rate review by governmental authoritie& as permitted by the Notice of Cancellation, You
During the Term, You understand that You may hereby waive all rights You may have to reject or
require more electricity than the System may cancel this Agreement, to revoke acceptance of the
generate. If You need any such additional energy, System,or to grant a security interest in the System.
then You shall be solely responsible to obtain such 4. Our Services.
energy from the Utility at Your cost OTHER THAN AS (a) Operations and Maintenance. During the
EXPLICITLY SET FORTH ON EXHIBIT B. WE DO NOT entire Term of this Agreement, We will honor the
WARRANT OR GUARANTEE (1)THE AMOUNT OF limited installation warranty described below in
ENERGY PRODUCED BY THE SYSTEM FOR ANY Section Vel. and We will operate and maintain the
PERIOD, (2) ANY COST SAVINGS, OR (3) THE System (1) at Our sole cost and expense; (ill in good
EXISTENCE OF ANY NET METERING PROGRAM, OR condition; and (ill) in material compliance with all
UTILITY OR GOVERNMENT INCENTIVE PROGRAM. applicable laws and permits and the Utility's
(b) Payments. (I) Invoicing. Beginning with requirements.
the first month following the In-Service Date and each (b) Insurance, We carry commercial general
month throughout the Term, We will send You an liability insurance, workers' compensation insurance,
invoice reflecting the charges for the Energy and property insurance on the System. For more
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Information concerning Our insurance, and to obtain against defects or component breakdowns, During
a copy of Our certificate of insurance, please visit: the Term,We will enforce these warranties.
www,vivintsolar.com/insurance. (g) Exclusions and Disclaimer of Warranty.
(c) CasualV Losses. If the System is damaged The limited installation and roof warranty set forth in
or destroyed by fire, storm, flood, earthquake, or Section 4(e) above, does not apply to and does not
other disaster or accident (each, a "Casualty Cann cover problems resulting from: (1) Your acts or
covered by Our insurance, We will promptly repair or omissions, including Your failure to abide by the
replace the damaged portions of the System as terms of this Agreement, (ii) exposure to harmful
necessary to restore it to good working condition. If materials and chemicals; (111)any Force Majeure Event
the System is damaged or destroyed by a Casualty (as such term is defined in Section fife));
Event not covered by Our insurance, We may, at Our (iv)vandalism, theft, or tampering with the System by
option (i) repair and restore the System to good anyone; (v)damage caused by hail or ball strikes; and
working condition; or (ii)terminate this Agreement (vi) any other cause beyond Our reasonable control.
and, at Your election, either convey the System in its EXCEPT AS SET FORTH IN THIS SECTION 4 AND
then-existing condition, "As Is, Where Is', to You for EXHIBIT B. WE MAKE NO OTHER WARRANTY TO YOU
no additional consideration or remove the System OR ANY OTHER PERSON, WHETHER EXPRESS,
from Your Property. IMPLIED, OR STATUTORY; AS TO THE
(d) Disconnection of System. We may cause MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OF
the System to be disconnected from the UtiliWs THE EQUIPMENT, INSTALLATION, DESIGN,
facilities if they require such disconnection or We are OPERATION, OR MAINTENANCE OF THE SYSTEM;THE
required to do so under applicable law. PRODUCTION OR DELIVERY OF ENERGY; OR ANY
(e) Limited Installation Warranty. During the OTHER ASSOCIATED SERVICE OR MATTER
entire Term of this Agreement, under customary use HEREUNDER, ALL OF WHICH WE HEREBY EXPRESSLY
and operating conditions, We provide a workmanship DISCLAIM_ OUR LIABILITY FOR ANY BREACH OF ANY
warranty that the System will be free from material WARRANTY IS LIMITED TO REPAIRING THE SYSTEM
defects in design and workmanship. When We OR YOUR PROPERTY TO THE EXTENT REQUIRED
penetrate Your roof during installation of the System, UNDER THIS AGREEMENT. YOU ACKNOWLEDGE
We warrant that all rooftop penetrations are THAT WE ARE RELYING ON THIS SECTION 4(x) AS A
watertight. This roof penetration warranty will run CONDITION AND MATERIAL INDUCEMENT TO ENTER
the longer of (i) one (1) year following installation of INTO THIS AGREEMENT. THERE ARE NO WARRANTIES
the System; (ii) the length of any new construction WHICH EXTEND BEYOND THE DESCRIPTION OF THE
homebuilder warranty for Your roof; and (ail) any FACE HEREOF.
period required by applicable law. (h) Meterin¢. We will install performance
(0 Manufacturers' Warranties. We do not meter(s) as needed to measure the Energy produced
provide any warranty to You with respect to any by the System (the 'Meter). We will collect
component of the System. Any manufacturer's performance data remotely or use Our personnel to
warranty is in addition to, not in lieu of, the limited collect the data. We will provide this data to You
installation warranty described above in S cfo ,{gj. upon Your reasonable request. You agree to allow
The System's solar modules carry a minimum Our personnel reasonable access to Your Property to
manufacturer's warranty of twenty (20) years as collect such data. At Our discretion, We may test the
follows: (i) during the first ten (10) years of use, the accuracy of the performance meters from time to
modules' electrical output will not degrade by more time. If testing indicates that the meter is inaccurate
than ten percent (10%) from the originally rated by more than tS%, then We will (I) repair and
output; and (ii) during the first twenty (20) years of recalibrate the meter, at no cost to You; and (li) make
use, the modules' electrical output will not degrade retroactive adjustments to Your payments based on
by more than twenty percent (20%) from the corrected meter data for the period of such
originally rated output. The System's inverters carry a inaccuracy. If the meter is inoperable for any reason,
minimum manufacturer's warranty of ten (10) years including Your failure to maintain working broadband
internet or electrical connections, We may (i) charge
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You the Shutdown Payment, and/or III)estimate any to install the System;(v)You are at least eighteen (18)
performance guarantee payment. years of age; (vi) You currently have and agree to
(1) The Svstem and the System Interests maintain customary property and liability insurance
(I)Our Ownership of the System and the System with respect to Your Property; and (vil)You have had
interests. We shall own and hold all property rights in the opportunity to review and discuss this Agreement
(1) the System; and (2) any credits, rebates, with Our sales agent and any other advisor You may
incentives, allowances, or certificates that are desire to consult. You understand that any mistake,
attributed, allocated, or related to the System, the misrepresentation, or omission in this Agreement
Energy, or environmental attributes thereof made by You is a material breach of this Agreement
(collectively, the "System Interests"). You shall have and entitles Us to the remedies provided for in
no property interest in the System or the System Section MOM). We make no representations or
Interests except for (1) the Energy that the System warranties except as expressly set forth in this
generates, and (2) any credits or payments available Agreement.
under Your Utility's net metering program for the (b) Existing Violations and Conditions. We
Energy that the System generates. You agree to keep shall not be held responsible for any existing
the System and System Interests free from all liens violations of applicable building regulations or
and encumbrances. (i)Personal Property Nature of ordinances on Your Property, whether cited by the
the System. Notwithstanding the manner in which appropriate authority or not. We are not responsible
the System is attached to Your Property, nor any for any preexisting conditions on Your Property. Prior
fixture filing by Us,You and We hereby agree that the to installation, You shall give to Us a copy of any
System and the System Interests shall remain Our easements, restrictions, or rights of way relating to
sole personal property and shall not be deemed or the Property. If You do not do so, We will assume
characterized as a "fixture"or any part of the"realty", that 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
further agreed that the installation of the System shall way.
not be a repair, remodel, alteration, conversion, (c) Grant of Access. You hereby grant to Us
modernization of, or addition to, Your Property_ and Our employees, agents, and contractors the right
(M) Notices of System Ownership. You authorize Us to to access and use Your Property so that We may
make filings and recordings with relevant (i)install, operate, and maintain the System
governmental authorities as may be necessary to throughout the Term, (ii) enforce Our rights as to this
provide notice of and to take security interest in Our Agreement and the System and the System Interests,
ownership in the System and the System Interests, and(ill) take any other action reasonably necessary in
and Our right to access Your Property, inducting connection with the construction, installation,
(without limitation) financing statements and failure operation, maintenance, repair, or removal of the
filings. Upon termination of this Agreement, each System. The foregoing rights of access to Your
such filing will be terminated. You understand that Property shall constitute a license coupled with an
the System shall be marked and identified as Our interest and shall be irrevocable for up to ninety (90)
property. days after this Agreement expires to provide Us with
5. Customer Obligations. time to remove the System at the end of the Term.
(a) Reoresentations and Warranties. You (d) Modifications after Install. (I)Alterations.
represent, warrant, and agree that each of the You shall not(1)alter, repair, or otherwise modify any
following is true and correct: (i) all information component of the System (collectively, "Alterations'');
concerning You herein is true, correct, and complete; and (2) take any action that could void or Impair any
(ii) You are the only fee simple owner(s) of the warranty relating to the System. You will be
Property (i.e., You have full and exclusive ownership responsible for any damage to the System that is
rights to the Property); (IiI) You own the roof on the caused at any time by You or Your guests, invitees,
Property and have the unrestricted right to install the contractors, or agents. (if) Property Repairs. You are
System thereon; (iv) Your roof is in good condition not permitted to make repairs or improvements to
and repair, without material defects, sufficient for Us Your Property that may interfere with the
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performance or operation of the System without Our Ethernet port and standard electrical outlet, at Your
prior consent pursuant to this Sect gn_5Ld1. After the cost if You fall to maintain broadband Internet or
fifth (StA) anniversary of the In-Service Date, if You electrical connection for a period of time, We may
provide Us with thirty (30) days' prior written notice, (i)charge You the Shutdown Payment, and/or
then We will temporarily remove and reinstall the (0)estimate any performance guarantee payment.
System at Your request to allow for such repair or (h) Authorizations, Prior to installation of the
improvement (a 'Customer-Requested Shutdown'). System, You shall obtain from Your mortgagee, home
You will be required to (1) pay to Us a fee equal to owners' association, or any other person with an
Four Hundred and Ninety-Nine Dollars ($499) before interest in Your Property all authorizations necessary
We remove the System; (2) securely store the System for Us to install, operate, and maintain the System.
components during the Customer-Requested Your failure to obtain these authorizations in a timely
Shutdown; and (3) pay the Shutdown Payment (as manner may result in termination of this Agreement.
such term is defined in Section 6(b)) if the System is (i) Taxes. You will pay all taxes assessed on
not reinstalled within thirty (30) days of removal. or arising from installation or operation of the
A Customer-Requested Shutdown during the first five System, including any transaction privilege, general
(5) years of the Agreement will be done at Our sole excise, use, sales or other transaction-based taxes on
discretion and at a cost mutually agreed before We the Energy produced by the System, and any real or
remove the System. (iii) Required Changes. If You, personal property taxes on the System that Your local
the Utility, or any governmental agency requires jurisdiction may levy.
(1) any change to the System after its installation,You 0) Further Assurances. Upon Our request,
shall pay Our standard parts and labor charges; or(2) You shall promptly sign and return (i) any application,
that We pay any tax, fee, or other charge in relation agreement, or other document necessary for Us to
to the System or this Agreement after the In-Service obtain any credits, rebates, incentives, allowances, or
Date, then You shall be responsible to reimburse Us certificates that are attributed, allocated, or related
for such tax, fee, or other charge (including any taxes to the System, the Energy, or environmental
under Section 5011). attributes thereof (collectively, the "System
(e) Your Property. You agree that any repair Interests); (ii) any permits, interconnection, net j
or improvement to Your Property shall not materially metering agreements, and other documents required
alter Your roof where the System is installed. At all by the Utility; (III) any document necessary to verify
times during the Term, You shall (1) trim all trees on Our ownership interest in the System and System
Your Property, not install structures on Your roof,and Interests; and (iv)You shall promptly comply with any
take other reasonable steps to ensure that shading of of Our additional requests so that We may obtain
the System is no worse than on the Transaction Date; possession of all System Interests. To the extent
and (2) maintain, in good condition and repair, the permitted under applicable law, You hereby authorize
roof and all electrical systems of Your Property. It is Us to complete any documents referenced above in
Your responsibility to remove or protect any personal this Section 5 ' by adding any information necessary.
property or fixtures (including, but not limited to, (k) Duty to Notify. You shall promptly notify
decorations, furniture, vehicles, plants, and other Us if (i) You notice any person or thing interfering
valuables) in the areas of Our work and the location with the operation of the System; (ii) Your Property
where the System will be installed. We will not be has any ordinance or permit violations or
held responsible for damages or loss of said items. encumbrance that may prevent proper System
(f) Use of the System, You shall use the permitting; (III) You take any emergency action with
Energy from the System primarily for personal, family, respect to the System; or (Iv) You receive or
or household purposes, but not to heat a swimming otherwise acquire any System Interests, including any
pool. At all times, You shall ensure that the Property incentive payments. Your failure to promptly notify
remains grid-connected to the Utility. Us of such matters shall be a Customer Default under
(g) Broadband Internet Connection, You must Section 6(cl(i). In the event of an emergency
provide the System with continuous access to a affecting the System, You shall contact Us
functioning internet connection with one (1) wired immediately. If We are unable to timely respond, You
Copyright Z 2011-2015 Ulm Solar Developer,t,C All Rights Reser ed. PPA(7,V20 4, v3.0) I Page 6
may (at Your own expense) contract with a licensed and heirs to transfer this Agreement under this
and qualified solar installer to remove the System as Section 5111.
necessary to make repairs required by the 6. Special Circumstances.
emergency. You shall be responsible for any damage (a) Our Transfer. We may assign, sell, or
to the System that results from actions taken by Your transfer (in whole or in part) this Agreement, the
contractor. System, or the System Interests without Your consent
(1) Transfer of Property. You are required to and without notice. If such assignee agrees in writing
notify Us thirty (30) days prior to any sale or transfer to assume all of Our rights and obligations under this
of Your Property. When notifying Us, You will be Agreement, We will have no further liability or
required to provide: the name of the person buying obligation under this Agreement upon the
Your Property or the transferee (the "Property effectiveness of such assignment.
Transferee"), the anticipated date of the safe or (b) System Shutdowns. (i) Safety Shutdown.
transfer, and any additional information We In addition to Our right to shut down the System for
reasonably request. If the Property Transferee meets maintenance, We may shut down the System if We j
Our credit qualifications, then (where permitted by reasonably believe that Property conditions or
the Utility and applicable law) the Property activities of persons on the Property, which are not
Transferee can sign a transfer agreement, assuming under Our control, whether or not under Your
all of Your rights and obligations under this control, may interfere with the safe operation of the
Agreement. Prior to any such sale or transfer of Your System (a "Safety ShutdowW). During the pendency
Property, You agree to have the Property Transferee of a Safety Shutdown, You will pay Us the Shutdown
sign the transferee agreement. YOU ACKNOWLEDGE Payment. (fi)Property Vacated. In the event that You
AND AGREE THAT UNTIL THE PROPERTY TRANSFEREE vacate Your Property for any period of time as a result
HAS SIGNED THE TRANSFER AGREEMENT AND WE of an event that is not a Force Majeure Event or Seller
HAVE ACCEPTED THE PROPERTY TRANSFEREE Default,You will continue to pay Us for all the Energy
THEREUNDER, YOU SHALL REMAIN RESPONSIBLE FOR produced by the System. (iii)Interconnection
ALL OBLIGATIONS IN THIS AGREEMENT. Alternatively, Deactivation. If interconnection with the Utility
if We determine that Property Transferee is not becomes deactivated for reasons that are not (1) a
adequately creditworthy to assume Your obligations Force Majeure Event, or (2) caused by or related to
under this Agreement, or Property Transferee refuses Our unexcused action or inaction, such that the
to assume Your obligations under this Agreement,We System is no longer able to produce electricity or
may terminate this Agreement on written notice to transfer electricity to You or to the Utility, You will
You and You will be obligated to pay to Us an amount pay Us the Shutdown Payment. fly)Shutdown
equal to Four Dollars ($4) per watt installed, subject Payment. The "Shutdown Payment" shall equal the
to a reduction of five percent (5%) per year (e.g., in sum of (1) payments of the Energy Price that You
year 20, the Transfer Payment will be $1.56 per watt would have made to Us as described in Section 3(a)
installed), plus applicable taxes (the "Tmnsfier for the Energy that would have been produced by the j
Payment'). After You pay to Us the Transfer System during the period of the shutdown; (2) the
Payment, We will transfer ownership of the System to value to Us of the System Interests that We would
You on an "As Is, Where Is" basis; provided that We have received during such shutdown; and
will retain all right and title to the System Interests. (3)applicable taxes. Determination of the amount of
Notwithstanding any other provision in this Energy that would have been produced during the
Agreement, If the proposed transfer of Your Property period of the shutdown shall be based on estimated
to Property Transferee is a lease or other transfer levels of production. If We bill You for the Shutdown
that is not a fee simple sale, You will remain Payment because the System is not reporting Energy
responsible for performance of Your obligations production to Us, and We subsequently determine
under this Agreement. You agree that the death of all that We have either overestimated or
Customers hereunder shall be deemed a transfer of underestimated the actual Energy production, then
Your Property, and We will work with Your successors We will adjust the next invoice with a non-refundable
credit (for over-billing) or an additional charge (for
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under-billing). You will not be charged for Shutdown Agreement, except for (x) the actual costs to remove
Payment when the System is not producing Energy the System, If We fail to remove the System from
due to Our fault. If a shutdown pursuant to Your Property pursuant to Section 61d): and (V)any
Section 5(d) or this Section 6(h) continues for one damages to Your Property resulting from the removal
hundred and eighty (180) days or longer, We may, in of the System by Us or Our contractor. (v)Default
Our sole discretion, terminate this Agreement and Payments. If this Agreement is terminated for any i
require You to pay the Default Payment reason, other than pursuant to the Notice of
(c) Events of Default. (1) Customer Default. A Cancellation, Section 6(e). or a Seller Default, You will
"Customer Default" shall mean the occurrence of any pay to Us the Default Payment. The "Default
of the following: (1) Your failure to make any payment Payment" shall be an amount equal to Seven Dollars
under this Agreement within ten (10) days of when ($7) per watt installed, subject to a reduction of five
due and such failure is not cured within ten 10 days percent 5 r( ) ay p { 46) per year (e.g., in year 20, the Default
after We give You written notice of such failure; Payment will be $2.68 per watt installed), plus
(2)Your failure to perform any obligation under this applicable taxes. You agree that the Default Payment
Agreement and such failure is not cured within thirty fairly reflects the value of the System, and,in the case
(30) days after We give You written notice of such of a Customer Default, is a fair representation of the
failure; (3)You deny Us, Our contractors or agents, damages and lasses that We expect to incur. After
governmental authorities, or the Utility access to Your You pay to Us the Default Payment, We will transfer
Property and such access is not given within thirty ownership of the System to You on an "As Is, Where
(30) days after We give You written notice of the Is"basis;provided that We will retain all right and title
failure to provide such access; (4) Your bankruptcy, to the System Interests.
insolvency, or admission of Your inability to pay Your (d) Termination. (i) Termination by Seller. We
debts as they mature; or (5)Your Property becoming may, in Our sole discretion,terminate this Agreement
subject to a foreclosure proceeding. (n")Remedies for (1) if prior to the In-Service Date, upon delivery of
Customer Default. If a Customer Default occurs, We written notice to You;or(2) upon the occurrence of a
may exercise any of the following remedies: Customer Default. Within ninety (90) days after
1 terminate thisAgreementn
( } and demand You pay termination of this Agreement, other than under the
the Default Payment; (2) leave the System in place on circumstances in which the System is transferred to
Your Property, but deny You use of the Energy it You under Section 2(b). Section SM or Section 6(c).
produces, which may be redirected and sold at Our We will remove the System and restore all rooftop
election; (3)disconnect or take back the System as penetrations to be free from leaks. If We elect to
permitted by applicable law; (4) place a lien on Your terminate this Agreement, We will have no further
Property; (5)engage a collection agency to collect liability to You. (H) Termination by Customer. You
payments from You; (6) report Your default to credit may terminate this Agreement (1) pursuant to the
reporting agencies; and/or (7) exercise any other terms of the Notice of Cancellation, or (2) upon a
remedy available to Us in this Agreement or under Seiler Default.
applicable law. (iii)Seller Default. A "Seller Default" (e) Force Majeure. If You or We are unable to
shall mean Our failure to perform any of Our material perform any of the obligations under this Agreement
obligations under this Agreement and the effect of because of a Force Majeure Event, such affected
such failure is not cured within thir
ty (30) days after Party will be excused from whatever performance is
You give Us written notice of such failure. affected by the Force Majeure Event; provided that
(iv) Remedies for Seller Default. If.a Seller Default the suspension of such obligations is of no greater
occurs and is continuing, You may: (1)terminate this scope and of no longer duration than is required by
Agreement and request removal of the System from the Force Majeure Event. "Force Mafeure Event' shall
Your Property; and/or (2)except as provided below, mean any event, condition, or circumstance beyond j
exercise any other remedy available to You in this the control of the affected Party which, by the
Agreement or under applicable law. Notwithstanding exercise of due foresight such Party could not
the foregoing, You will have no right to claim reasonably have been expected to avoid, and which
damages as a result of the termination of this by the exercise of due diligence such Party without
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fault attributable to it is unable to overcome, certified mail to the other Party, if You elect to
Including, but not limited to, action by a commence arbitration or file a claim in small claims ,
governmental authority, the failure to act on the part court, the Notice of Dispute must be sent to VIVINT
of any governmental authority or the Utility(provided SOLAR DEVELOPER, LLC, 3301 N Thanksgiving Way,
that such action has been timely requested and Suite 500, Lehi, UT 84043,Attn: Legal Department. if
diligently pursued), failure to obtain or maintain a We elect to initiate arbitration or file a claim in small
permit, license, consent, or approval (provided that claims court, We will send the Notice of Dispute to
such Party has made timely and reasonable Your billing address. The Notice of Dispute must
commercial efforts to obtain and maintain the same), describe the nature and basis for the Dispute and the
labor dispute,strike,work-stoppage,slow-down, lock- relief sought. If You and We are unable to resolve the
out, flood, earthquake, fire, lightning, wind, epidemic, Dispute within thirty (30) days thereafter, then either
war, terrorism, riot, economic sanction or embargo, Party may commence arbitration. The arbitration
civil disturbance, act of god, unavailability of shall be administered by JAMS pursuant to its
electricity from the Utility, equipment, supplies of Streamlined Arbitration Rules and Procedures and in
products, power or voltage surge caused by someone accordance with JAMS Policy on Consumer
other than the affected Party, or failure of equipment Arbitrations Pursuant to Pre-Dispute Clauses
not utilized by or under the control of the affected Minimum Standards of Procedural Fairness (available
Party at: http://www-iamsadr.com, the "JAMS Rules") and
(f) Arbitration of Disputes- Most customer under the rules set forth in this Agreement. Any
concerns can be resolved quickly and amicably by claim against a state home improvement guarantee
calling Our customer service department at fund (including under Maryland Code § 8-405(c)) by
877.404.4129. if Our customer service department is You shall be stayed until the completion of any
unable to resolve Your concern, You and We agree to mandatory arbitration proceeding. The arbitrator
resolve any Dispute (as such term is defined below) shall be bound by the terms of this Agreement. No
through binding arbitration or small claims court matter the circumstances, the arbitrator shall not
instead of courts of general jurisdiction. BY SIGNING award g J punitive, special, exemplary, indirect, or �
BELOW, YOU ACKNOWLEDGE AND AGREE THAT consequential damages to either Party.
(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
ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A shall apply. You may choose whether the arbitration
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED will be conducted solely on the basis of documents
CLASS OR REPRESENTATIVE PROCEEDING; AND submitted to the arbitrator, through a telephonic
(3)THE FEDERAL ARBITRATION ACT (9 U.S.C. § 1 et hearing, or by an in-person hearing near Your
seq.) GOVERNS THE INTERPRETATION AND Property consistent with the JAMS Rules. if You are
ENFORCEMENT OF THIS PROVISION. Except for required to pay a filing fee, after We receive notice
claims brought in small claims court, You and We that you have commenced arbitration, We will
agree to arbitrate all disputes, claims, and promptly reimburse You for Your payment of any
controversies arising out of or relating to (i)any filing fees. if the arbitrator issues You an award that
aspect of the relationship between You and Us, is greater than the value of Our last written
whether based in contract, tort, statute, or any other settlement offer made before an arbitrator was
legal theory; (ii) this Agreement or any other selected (or if We did not make a settlement offer
agreement concerning the subject matter hereof, before an arbitrator was selected), then We will pay
(lit) any breach, default, or termination of this You the lesser of the amount of the award or
Agreement; and (iv) the interpretation, validity, or $10,000. plus reasonable attorney's fees incurred by
enforceability of this Agreement, including the You and awarded by the arbitrator. Except as
determination of the scope or applicability of this expressly set forth herein, the payment of all costs,
Section 6(fI (each, a "Dispute"). Prior to commencing filing fees, and administration and arbitrator fees will
arbitration or an action in small claims court, a Party be governed by the JAMS Rules.
must first send a written "Notice of Dispute" via
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Claims for $10,000 or more. If the relief sought by be governed by, and construed under, the Internal
either Party Is for greater than $10,000, all fees and laws of the state where the Property Is located.
cost (including filing fees, administration and 7. Miscellaneous.
arbitrator fees, all attorneys' fees, travel expenses, (a) Limitation gf Liability. You understand
and other costs of the arbitration) shall be bome by that (i)We are not an Insurer of Your Property,
You and Us in accordance with the JAMS Rules, JAMS personal property, or personal safety of persons in or
Policy on Consumer Arbitrations Pursuant to Pre- on Your Property; (ii) You are solely responsible for
Dispute Clauses Minimum Standards of Procedural providing any insurance with respect to Your Property
Fairness, and applicable law. The arbitration shall be and its contents; (!I) the amount You pay to Us is
conducted at a mutually agreeable location near You based only on the value of the Energy produced by
Property. the System and not on the value of Your Property or
Regardless of the manner in which the arbitration is its contents; (iv)the System may not always operate
conducted, the arbitrator shall issue a reasoned, property for various reasons; (v) it is difficult to
written decision sufficient to explain the essential determine in advance the value of the components of
findings and conclusions on which the award is based the System that might be lost or destroyed if the
and judgment on an arbitration award may be System fails to operate properly; and (vi) it is difficult
entered in any court of competent jurisdiction. to determine in advance what portion, if any, of any
Nothing in this Section 6 shall preclude You or We property loss, personal injury, or death would be
from seeking provisional remedies in aid of proximately caused by Our failure to perform, Our
arbitration from a court of competent jurisdiction. negligence, or a failure of the System, or the System
NOTICE: BY INITIALING IN THE SPACE BELOW YOU installation. NOTWITHSTANDING ANY BREACH OF
ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT THIS AGREEMENT, ANY FAILURE OF THE SYSTEM, OR
OF THE MATTERS INCLUDED IN THE "ARBITRATION ANY NEGLIGENT ACT THAT CAUSED ANY INJURY OR
OF DISPUTES" PROVISION DECIDED BY BINDING LOSS (WHETHER PROPERTY DAMAGE, PERSONAL
NEUTRAL ARBITRATION AS PROVIDED BY THE INJURY, OR DEATH)TO ANYONE,WE AND YOU AGREE
FEDERAL ARBITRATION ACT AND OTHER APPLICABLE THAT, UNLESS SUCH INJURY OR LOSS WAS CAUSED BY
LAW AND YOU ARE GIVING UP ANY RIGHTS YOU A FARMS GROSS NEGLIGENCE, FRAUD, VIOLATIONS
MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN OF LAW,OR WILLFUL INJURY,SUCH PARTY'S LIABILITY
A COURT OR JURY TRIAL BY INITIALING IN THE SPACE ARISING OUT OF OR RELATING TO THIS AGREEMENT
BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS SHALL IN NO EVENT EXCEED THE DEFAULT PAYMENT.
TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS YOU AND WE AGREE THAT THIS AMOUNT IS A FAIR
ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION REPRESENTATION OF THE DAMAGES THAT YOU OR
OF DISPUTES" PROVISION. IF YOU REFUSE TO WE EXPECT TO INCUR IN THE CASE OF ANY INJURY OR
SUBMIT TO ARBITRATION AFTER AGREEING TO THIS LOSS HEREUNDER.
PROVISION, YOU MAY BE COMPELLED TO ARBITRATE NO CLAIM SHALL BE MADE BY YOU AGAINST US OR
UNDER THE FEDERAL ARBITRATION ACT AND OTHER ANY OF OUR AFFILIATES, DIRECTORS, EMPLOYEES,
APPLICABLE LAW. YOUR AGREEMENT TO THIS AGENTS OR CONTRACTORS FOR ANY SPECIAL
ARBITRATION PROVISION IS VOLUNTARY. YOU HAVE EXEMPLARY, INDIRECT, INCIDENTAL,
READ AN N 0 UNDERSTAND THE FOREGOING AND CONSEQUENTIAL, OR PUNITIVE DAMAGES (WHETHER
AGREE TO SUBMIT DISPUTES ARISING OUT OF THE OR NOT THE CLAIM THEREFORE IS BASED ON
MATTERS INCLUDED IN THE "ARBITRATION OF CONTRACT, TORT, DUTY IMPOSED BY LAW, OR
DISPUTES" PROVISION TO NEUTRAL ARBITRATION, OTHERWISE), IN CONNECTION WITH, ARISING OUT
I/WE AGREE TO ARBITRATION OF, OR IN ANY WAY RELATED TO THE TRANSACTIONS
AND WAIVE THE RIGHT TO " "' CONTEMPLATED BY THIS AGREEMENT OR ANY ACT
JURYTRIAL: ovmnn,s oaanrzo,n OR OMISSION OR EVENT OCCURRING IN
�°"` CONNECTION THEREWITH. YOU HEREBY WAIVE,
(g) Governing Law. This Agreement, and any RELEASE, AND AGREE NOT TO SUE UPON ANY SUCH
instrument or agreement required hereunder, shall CLAIM FOR ANY SUCH DAMAGES, WHETHER OR NOT
ACCRUED AND WHETHER OR NOT KNOWN OR
Copyr.ght 0 2011-2015 Vivint Solar Developer,LLC A11 Rights Reserved. PPA(1212014,0.0) 1 Page 10
SUSPECTED TO EXIST IN YOUR FAVOR. YOU FURTHER and Our and Your respective heirs, legal
AGREE THAT NO CLAIM, LAWSUIT, OR ANY OTHER representatives, successors, and permitted assigns.
LEGAL OR ARBITRATION PROCEEDING IN Except as otherwise expressly provided in this
CONNECTION WITH, ARISING OUT OF, OR IN ANY Agreement, or by operation of law, neither this
WAY RELATED TO THIS AGREEMENT MAY BE Agreement nor any of the rights, interests, or
BROUGHT, COMMENCED OR FILED MORE THAN ONE obligations hereunder may be assigned by You
(1) YEAR AFTER THE INCIDENT GIVING RISE TO SUCH without Our prior written consent. Any assignment
CLAIM. YOU ACKNOWLEDGE THAT WE ARE RELYING by You without Our prior written consent shall be
ON THIS SECTION 71a) AS A CONDITION AND void.
MATERIAL INDUCEMENT TO ENTER INTO THIS (g) Notice. All notices, requests, demands,
AGREEMENT, and other communications required or permitted to
(b) Indemnification. To the fullest extent be given under this Agreement shall be in writing
permitted by applicable law, You hereby agree to delivered to the applicable Party at the address set
indemnify, advance expenses, and hold harmless Us forth in this Agreement or to such other address as
fY P
and Our affiliates, directors, employees, agents, a Pa may designate from time to time b written
g any Party Y �g Y
contractors, and Our successors and assigns (each, a notice to the other Party.
"Covered Person") from an and all third a claims h Survival. After termination or expiration of
Y pa
rty t ) P
actions, costs, expenses (including reasonable this Agreement, any provisions which by their nature
attorneys fees and expenses}, damages, liabilities, are intended to survive such termination or i
penalties, losses, obligations, injuries, demands, and cancellation shall survive, including (without
liens of any kind or nature in connection with, arising limitation) Sections 21b). 3 4Ldl (g). t1i 5 6 and 7
out of or in an way related to i Your breach of this and Exhibits y y {} bits A and B attached hereto.
Agreement, or (ii) Your negligence or willful (i) Severability. If any provision of this
misconduct; provided that Your indemnification Agreement is held to be invalid, prohibited, or
obligations under this Section 71b) shall not apply if otherwise unenforceable by an arbitrator or court of
the harm or damage that is the basis for such third competent jurisdiction, this Agreement shall be
party claim occurred while one of Our employees or considered divisible and such provision shall be
agents was at Your Property and such harm or deemed inoperative to the extent it is deemed
damage was caused by the gross negligence,violation invalid, prohibited, or unenforceable, and in all other
of law, or willful misconduct of such employee or respects this Agreement shall remain in full force and
agent. effect; provided, however, that if any such provision
(c) Subrogation. You agree to release all may be made enforceable by limitation thereof, then
Covered Persons from any claims of any parties suing such provision shall be deemed to be so limited and
through Your authority or in Your name, such as Your shall be enforceable to the maximum extent
insurance company, and You agree to defend Us permitted by applicable law. �
against any such claim. YOU AGREE TO NOTIFY YOUR 0) Counterparts. This Agreement may be
INSURANCE COMPANY OF THIS RELEASE. executed in one or more counterparts, and all such
(d) Amendments and WalvC sr . This counterparts shall be deemed to constitute one
Agreement may only be amended or modified by an instrument A facsimile or portable document format
instrument in writing signed by both You and Us. ("pdf") shall constitute an original for purposes
(e) E tiM AgreeMS01. This Agreement, the hereof.
Customer Packet, the Work Order, and any other (it) Publicity You hereby authorize Us to use
agreements or documents incorporated herewith, Your and Your Property's voice, photograph, video,
constitute the entire agreement between You and Us and likeness in print media, radio, television, e-mail,
and supersede all prior oral and written negotiations, social media, web materials, and any audio or video
communications, discussions and correspondence recording; provided that We agree that We will not
pertaining to the subject matter hereof. disclose any of Your personally identifying
(f) Binding Effect. This Agreement shalt be information (except as provided in 5gct'o ). You
binding upon and inure to the benefit of You and Us
Copyright 0 2011.2015 Yrvint Solar Oevelaper,I.I.C. All Rigtxs Reserved. PPA(12/2014,0.0i I Page I1
i
waive and forever release Us for any Dispute relating INFORMATION IN YOUR CREDIT REPORT INDICATING
to or arising out of this 5g&L(o0 7tk1. THAT YOU MEET CERTAIN CRITERIA. THIS OFFER IS
(1) Credit Check_ in connection with the NOT GUARANTEED IF YOU 00 NOT MEET OUR
execution of this Agreement and at any time during CRITERIA. IF YOU 00 NOT WANT TO RECEIVE
the Term, You hereby authorize Us to (1) obtain Your PRESCREENED OFFERS OF CREDIT FROM US AND
credit rating and report from credit reporting OTHER COMPANIES,CALL THE CONSUMER REPORTING
agencies; (ii) to report Your payment performance AGENCIES TOLL4REE, 888567.8688; OR WRITE:
under this Agreement to credit reporting agencies; EXPERIAN OPT OUT, P.O. BOX 919 ALLEN, TX 75013;
and (ili) disclose this and other information to Our TRANSUNION NAME REMOVAL OPTION, P.O. BOX 505
affiliates and actual or prospective lenders, financing WOODLYN, PA 19094; EQUIFAX OPTIONS, P.O. BOX
parties, investors, insurers, and acquirers. 740123 ATLANTA,GA 30374-0123.
(m) PRESCREEN AND OPT-OUT NOT! . THIS
`PRESCREENED" OFFER OF CREDIT IS BASED ON
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topynght 0 2011-2015 VNIltY Solar Developer,ltC. A!i HsQlas Re*,etmni- PFA(32J2014,0.0) I Rage 12
NOTICE TO CUSTOMERS
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. Power Purchase Agreement, work may be started.
ii. Exhibit A—Notice of Cancellation, F. YOU MAY CANCEL THIS TRANSACTION AT ANY
iii. Exhibit B—State Notices and Disclosures, TIME BEFORE THE LATER OF: (1) MIDNIGHT OF THE
iv. Customer Packet, and THIRD (3RD) BUSINESS DAY AFTER THE TRANSACTION
v. Work Order(s). DATE, OR (11) THE START OF INSTALLATION OF THE i
These documents are expressly incorporated into this SYSTEM OR ANY OTHER WORK DONE BY VMNT SOLAR
Agreement and apply to the relationship between DEVELOPER, LLC ON YOUR PROPERTY. IF YOU WISH
You and Us. TO CANCEL THIS CONTRACT, YOU MUST EITHER:
B. IT IS NOT LEGAL FOR US TO ENTER YOUR (1)SEND A SIGNED AND DATED WRITTEN NOTICE OF
PREMISES UNLAWFULLY OR COMMIT ANY BREACH CANCELLATION BY REGISTERED OR CERTIFIED MAIL,
OF THE PEACE TO REMOVE GOODS INSTALLED RETURN RECEIPT REQUESTED; OR (2) PERSONALLY
UNDER THIS AGREEMENT. DELIVER A SIGNED AND DATED WRITTEN NOTICE OF
C. DO NOT SIGN THIS AGREEMENT BEFORE YOU CANCELLATION TO: VIVINT SOLAR DEVELOPER, LLC,
HAVE READ ALL OF ITS PAGES. You acknowledge that 3301L N THANKSGIVING WAY, SUITE 500, LEHI, UT
You have read and received a legible copy of this 84043, ATTN: PROCESSING DEPARTMENT. SEE THE
Agreement,that We have signed the Agreement,and ATTACHED NOTICE OF CANCELLATION FOR ---
that You have read and received a legible copy of EXPLANATION OF THIS RIGHT. THE LAW REQUIRES
every document that We have signed during the THAT THE CONTRACTOR GIVE YOU A NOTICE
negotiation. ENPIAINING YOUR RIGHT TO CANCEL DO NOT SIGN
D. YOU RISK THE LOSS OF ANY PAYMENTS MADE TO BELOW UNLESS THE CONTRACTOR HAS GIVEN YOU A
A SALES REPRESENTATIVE. 'NOTICE OFTHE THREE-DAY RIGHTTO CANCEL' !
E. DO 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:
Printed Name: Lance Rich Printed Name: Enrique Campos
Salesperson No.:
i
Pnntcd Name:
Federal Employer ID No.: 80-0756438. State and Local Ucense Nos.: AZ: ROC-288627; CA: C46/C10-973756; CO:
EC-01D0200; CT: HIC-0634382, ELC0189635-1; DC: HIC420213000052, ECC-903277; HI: C13-CT-33444; LA: EC-
59753; MA: HIC-170848; MD: HIC-130385; NJ: HIC-13VH06589300, EC34EB01779500; NY: SFK Co. 51228-H,
49592-ME, WCH Co. 26664-1-114, RKLD Co. H-11972-40-00-00, OR: CCB-196558, 8C0-CLR28; PA: HIC-089970;
UT:S200/S202-8694003-5501
Copynght 0 2011 2015 Wont Solar Developer. LtC. All Rights Reservers. PPA(1212014,0.0) 1 Page 13
i
EXHIBITA-2[ALL STATES]
NOTICE OF CANCEUATION
(Customer Copy)
Transaction Dote: 05/08/2015 service No.: 4303545
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 PAYMENTS MADE BY YOU UNDER THE CONTRACT OR SALE,AND ANY NEGOTIABLE INSTRUMENT EXECUTED
BY YOU WILL BE RETURNED WITHIN TEN (10) BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR
CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED.
IF YOU CANCEL,YOU MUST MAKE AVAILABLE TO THE SELLER AT YOUR RESIDENCE, IN SUBSTANTIALLY AS GOOD
CONDITION AS WHEN RECEIVED,ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR SALE,OR YOU MAY,
IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE SELLER REGARDING THE RETURN SHIPMENT OF THE
GOODS AT THE SELLER'S EXPENSE AND RISK IF YOU DO MAKE THE GOODS AVAILABLE TO THE SELLER AND THE
SELLER DOES NOT PICK THEM UP WITHIN TWENTY(20)DAYS OF THE DATE OF YOUR NOTICE OF CANCELLATION,
YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. IF YOU FAIL TO MAKE THE
GOODS AVAILABLE TO THE SELLER,OR IF YOU AGREE TO RETURN THE GOODS TO THE SELLER AND FAIL TO DO SO,
THEN YOU REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT. TO CANCEL THIS
TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER
WRITTEN NOTICE, OR SEND A TELEGRAM, TO VIVINT SOLAR DEVELOPER, LLC, AT 33D1 N THANKSGIVING WAY,
SUITE 500, LEHI, UT 84043, ATTN: PROCESSING DEPARTMENT PRIOR TO THE LATER OF: (1) MIDNIGHT OF THE
THIRD (3rd) BUSINESS DAY AFTER THE TRANSACTION DATE,OR(11)THE START OF INSTALLATION OF THE SYSTEM
OR ANY OTHER WORK DONE BY VIVINT SOLAR DEVELOPED LLC ON YOUR PROPERTY.
I HEREBY CANCEL THIS TRANSACTION DATED:
Customer's signature.
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Copyright 02011.2015 Yry nt Solar bevebper,LLC All Rights Reserved PPA(11/201A,v3.0) I Page 16
I
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NOTICE OF CANCELLATION
(Vivant Solar COPY)
Transaction Dote: 05/08/2015 service Mo.: 4303545
YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE (3) BUSINESS
DAYS OF THE ABOVE OATS, OR (IF LATER) UNTIL THE START OF INSTALLATION OF THE SYSTEM OR ANY OTHER
WORK DONE BY VMNT SOLAR DEVELOPER,LLC ON YOUR PROPERTY. IF YOU CANCEL,ANY PROPERTY TRADED IN,
ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT OR SALE,AND ANY NEGOTIABLE INSTRUMENT EXECUTED
BY YOU WILL BE RETURNED WITHIN TEN (10) BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR
CANCELLATION NOTICE,AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED.
IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE SELLER AT YOUR RESIDENCE, IN SUBSTANTIALLY AS GOOD
CONDITION AS WHEN RECEIVED,ANY GOODS DELIVERED TO YOU UNDER THIS CONTMCT 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 AVA
ILABLE TO THE SELLER AND THE
i
SELLER DOES NOT PICK THEM UP WITHIN TWENTY 20 E( )DAYS OF THE DATE OF YOUR NOTICE OF CANCELLATION,
YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. IF YOU FAIL TO MAKE THE
GOODS AVAILABLE TO THE SELLER,OR IF YOU AGREE TO RETURN THE GOODS TO THE SELLER AND FAIL TO DO SO,
THEN YOU REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT. TO CANCEL THIS
TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER
WRITTEN NOTICE, OR SEND A TELEGRAM, TO VMNT SOLAR DEVELOPER, LLC, AT 3301 N THANKSGIVING WAY,
SUITE 500, LEHI, UT 84043, ATTN: PROCESSING DEPARTMENT PRIOR TO THE LATER OF: (1) MIDNIGHT OF THE
THIRD(3rd) BUSINESS DAY AFTER THE TRANSACTION DATE,OR(11)THE START OF INSTALLATION OF THE SYSTEM
OR ANY OTHER WORK DONE BY VMNT SOLAR DEVELOPER,LLC ON YOUR PROPERTY.
I HEREBY CANCEL THIS TRANSACTION DATED:
Customer's signature:
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Copyright 0 2011-2015 Vivint Solar DewkVer,LLC. Ail Righxs Reserved VAA(1112014, 4,C) i Page 17
EXHIBIT B 6—MA%6QUSETIS
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.
i
B. 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.
-000V1
Contractor Signature Homeowner Signature(s)
NOTICE: The signatures of the parties above 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.
C. 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
Customers)Acknowledgement
of Receipt of Exhibit 8:
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EG t
O5/0812015 05108/201s
i
!
Copynght 0 2011.201.5 Vivint Solar Developer LLC All Rights Reserved PPA(1212014, v3.0) I Page 25
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DC SAFETY Nominal DC Operating Voltage 350V Max Series Fuse Rating 15A $
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EcolibriumSolar
Customer Info
Name: 4303545
Email:
Phone:
.Project Info
Identifier: 35149
Street Address Line 1: 92 Marlborough Rd
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: 19
Array Size (DC watts): 4940.0
Mounting System Manufacturer: Ecolibrium Solar
Mounting System Product: EcoX
Inverter Manufacturer: SolarEdge Technologies
Inverter Model: SE380OA-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
EcolibriurnSolar
Plane Calculations (ASCE 7-05): 1
Roof Shape: Gable Edge and Corner Dimension: 3.0 ft
Roof Type: Composition Shingle Stagger Attachments: No
Average Roof Height: 25.0 ft Include Snow Guards: No
Least Horizontal Dimension: 25.0 ft
Roof Slope: 24.0 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 0.84 0.84 0.84
Roof Snow Load 28.2 28.2 28.2 psf
Wind Pressure Calculations
Description Interior Edge Corner Unit
Net Design Wind Pressure Uplift -16.0 -26.4 -39.6 psf
Net Design Wind Pressure Downforce 9.4 9.4 9.4 psf
Adjustment Factor for Height and Exposure Category 1.0 1.0 1.0
Design Wind Pressure Uplift -16.0 -26.4 -39.6 psf
Design Wind Pressure Downforce 10.0 10.0 10.0 psf
ASD Load Combinations
Description Interior Edge Corner Unit
Dead Load 2.6 2.6 2.6 psf
Snow Load 28.2 28.2 28.2 psf
Downslope: Load Combination 3 11.5 11.5 11.5 psf
Down: Load Combination 3 25.9 25.9 25.9 psf
Down: Load Combination 5 12.4 12.4 12.4 psf
Down: Load Combination 6a 27.5 27.5 27.5 psf
Up: Load Combination 7 -14.6 -25.0 -38.2 psf
Down Max 27.5 27.5 27.5 psf
Spacing Results(Landscape)
Description Interior Edge Corner Unit
Max Allowable Spacing Between Attachments 64.3 64.3 54.6 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 21.4 21.4 18.2 in
Spacing Results(Portrait)
Description Interior Edge Corner Unit
Max Allowable Spacing Between Attachments 48.5 48.5 41.2 in
Max Spacing Between Attachments With Rafterrrruss Spacing of 24.0 in 48.0 48.0 24.0 in
Max Cantilever from Attachment to Perimeter of PV Array 16.2 16.2 13.7 in
EcolibriumSolar
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Skirt
o Coupling Note: If the total width of a continuous array exceeds 35 ft, break array to allow for thermal
O Clamp expansion and contraction. See Installation Guide for details.
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: 19
Weight of Modules: 817 Ibs
Weight of Mounting System: 52 Ibs
Total Plane Weight: 869 Ibs
Total Plane Array Area: 317 ft2
Distributed Weight: 2.74 psf
Number of Attachments: 26
Weight per Attachment Point: 33 Ibs
EcolibriurnSolar
Bill Of Materials
Part Name Quantity
ECO-001_101 EcoX Clamp Assembly 26
ECO-001_102 EcoX Coupling Assembly 34
ECO-001_105B EcoX Landscape Skirt Kit 0
ECO-001_105A EcoX Portrait Skirt Kit 5
ECO-001_103 EcoX Composition Attachment Kit 26
ECO-001_116 EcoX Flat-Tile Flashing 0
ECO-001_117 EcoX S-Tile Flashing 0
ECO-001_118 EcoX W-Tile Flashing 0
ECO-001_363 EcoX Lower Support-Tile 0
ECO-001_109 EcoX Electrical Assembly (optional) 1
ECO-001_106 EcoX Bonding Jumper Assembly 2
ECO-001_104 EcoX Inverter Bracket Assembly 0
ECO-001 338 EcoX Connector Bracket 0
ECO_001-359 EcoX Lower Support- Low Slope 0