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BP-86861 Permit No. BP-86861 BUILDING PERMIT GIS#: 3741.00 Commonwealth'of Massachusetts Map: 0071 TOWN OF DARTMOUTH Lot: 0061 400 Slocum Road,Dartmouth,MA 02747 Sub-Lot: 0000 Phone:(508)910-1820 • Fax: (508)910-1838 Category: SOLAR PANELS Project# JS-2018-001130 PERMISSION IS HEREBY GRANTED TO: Est.Cost: $5643.00 Contractor License: Phone#.• Fee: $75.00 BRIEN LANGILL CS-106675 (617)913-0843 Const.Class: HI-170848 Use Group: R3 Engineer: License: Phone if. Lot Size(sq.ft.) 218521 Zoning: ‘SRB Applicant: Phone#: Aquifer Zone: ZONE 3 VIVINT SOLAR DEVELOPER LLC (617)913-0843 Flood Zone: ZONE X OWNER: New Const.: N/A GIFFORD ALTON D JR Alt.Const: N/A Date Typed: 11-01-2017 DATE ISSUED: � TO PERFORM THE FOLLOWING WORK: Install a nine panel photovoltaic array rooftop - 2.61 KW Pro• t Location: 613 OLD FALL RIVER RI) Approved/Issued :BY n /�/�✓/({� /Tj/�©�.�') DA IDBRE'rTELOCAL BUILD! G INSPECTOR All work shall comply with 780 CMR 8711 Ed.(MGL Chap.143)and any other applicable Mass.Laws or Codes and plans on file. Schedule appropriate inspections as required. Upon completion,final inspection is required. I hereby certify that the proposed work is authorized by the owner of record and I have been authorized by the owner to make this application as his agent and to receive this permit, I further understand other agencies may have reason to STOP WORK if items under their jurisdiction are not met; not withstanding the issuance of this Building/Zonin Permit. - Signature of Owner/Agent: .tiI 1 V\L Otte IC_i=e'4= . ILL( "Persons contracting with unregistered contractors do not have access to the guaranty fund(as set forth in MGL c.142A)" Inspector of Inspector of D.P.W.Inspector Building Inspector Inspector of Gas - Fire Department Plumbing Wiring Water Service#: Footings: Underground: Oil: Underground: Service: Foundation: Rough: Smoke: Rough: Rough: Sewer Service#: Rough Frame: Insulation: Final: Final: - Final: Cross Connection Final: Final: Board of Health E-911 Additional Comments: Planning Board _ --- Prior to issuance of Certificate of Occupancy/Completion,this card must be returned to the Building Department with all necessary inspections signed off. Department phone numbers are listed on the white"Required Inspections"document provided with the issuance of the building permit. POST CARD SO IT IS VISIBLE FROM THE STREET 0 TOWN OF DARTMOUTH - BDILDAM DEPARTMENT RECEIPT H 38 Si. PHONE: 508-910-1820 'FAX 598-910-11838 Nameiii ( J/ /^J PropOwne ' / J1 Date Job Location: ( '__.l 1)ki I' 1 U f'/6 4? Map: 7/ Lo f.,'/ Description General Ledger#'s Ref. # Amount Building & Building Misc. 01000-44105 i)7�/tit y5 , Kv Electrical �D�nur DM A -44106 PM % , Plumbing& Gas 0100 107 Trench Safety 000-4 129 Other Department Reven , 6 01000- 2420 r t{ t COLLECS°r d . J9 ------- White-Collectors Office. Yellow Copy-Customer's Receipt Pink Copy-Building Department - Received By : l THIS IS NOT A PERMITILICENSE FOR BUILDING, ELECTRICAL PLUMBING OR GAS ' RESIDENTIAL ❑ Phased Approval(R106.3.3) ' $23.00 APPLICATION FEE IS NON BE-FUNDABLE & NON-TRANSFERABLE h �r, DATE RECEIVED �-/ ��;�'‘, DARTMOUTH BUILDING DEPARTMENT '` 400 Slocum Road, P.O. Box 79399 ! `t11'1 'M ,/J Dartmouth,910-120 MA 0: 47 50 �� 1/' Phone: 508-910-1820 Fax: 508-910-1838 A= www.town.dartmouth.ma.us APPLICATION TO CONSTRUCT, REPAIR, RENOVATE OR DEMOLISH A ONE OR TWO FAMILY DWELLING ATHIS SECTION FOR OFFICIAL USE ONLY ^ �/RECEIVED BY: 7- BUILDING PERMIT NUMBER:\ 9� DATE ISSUED: I' 7 SIGNATURE: afin—S2-66/...noJ DATE: /1-1 L 7 Building Commissioner/Inspector of Buildings Zoning District: r fJ Proposed Use: /leg Zone: X ❑ B 0 A V Aquifer Zone: t•> THE FOLLOWING AGENCIES SHOULD BE NOTIFIED: ❑ Board of 0 Board of 0 Cons. 0 Demo 0 DPW 0 Elec. 0 Energy Report Appeals Health Commission Affidavit Card Sent: Cut Off Follow-up` ❑Fire 0 Gas 0 Planning 0 Sewer Card 0 Water Card 0 Zoning 0 Other Chief Cut Off Board Cut Off Cut Off Y *REQUIRES INSPECTOR'S REVIEW BEFORE THE ISSUANCE OF A PERMIT. I DEPARTMENTAL APPROVAL , ,Board of Health: Signature: Date: Conservation Commission: Signature: Date: Other: Signature: Date: Signature: Date: Signature: Date: Brief description of work being performed: I V LC'Jl m(t)f kni flu v ieil S . - r n SECTION 1 -SITE INFORMATION CDI301dfel ll -RA Q 1.1 Property Address: 1.2 Assessors &lot Numbe : Lot Area fsf.) Frontage Map ' Lot �Y J -__ Required Provided I Front Yard ' 1.3 Historical District 0 Yes 0 No Side Yard �l Rear Yard Year Built 1'�1 61 0 Altering more than 25% per side of building 1.4 Water Supply(MGL c40 s54):1 1.5 Sewage Disposal System: Has application been submitted to the Historic Commission? i; 0 Municipal 0 Private Well i 0 Municipal 0 On Site Disposal System 0 Yes 0 No Date: I Revised 10/11 .r 0 CONSTRUCTION PLANS 0 SITE PLAN 0 ENERGY REPORT RESIDENTIAL Owner}.� -��-r�r-SECTION 2-PROPERTY OWNERSHIPIAUTHORIZED AGENT 1 2. 1 11 to �� 1 1o1' d ci30W Thil ujec' ®aTh--4'- Name(print) Contact Address Ste- q�S— Phoneo Number 2A Authorized g HGtent: 31 -^ Uf V i Of\ St co nOU-V Ml 0232c1 o&�3 Name(print) Contact Address Phone Number SECTION 3 -CONSTRUCTIONl SERVICES 3.1 Licensed Construction Supervisor/Specialty License: Qf�� 1 Lan�1 t l _icense Number: 1( Company Name/Contractor NameV tV to � )1L(/ iIJ8 iv/ t 0 ictt/ Address S-ktnci t S 1 y�1 (Allot Oa-Mk()k() Expiration Date: 1 101 I 101 Signature. Telephone:( 1)—cl Iio 3 3.2 Hom er Exe Ion-One&Two Family Only Section 110.R5.1.3.1 Exception: I - , FOR HOMEOWNERS WHO INTEND TO PERFORM AND BE RESPONSIBLE FOR THEIR OWN PROJECT Exception. Any Homeowner performing work for which a Building Permit is required shall be exempt from the provisions of this section;provides that if a Homeowner engages a person(s)for hire to do such work,that such Homeowner shall act as supervisor. For the purposes of this section only,a"Homeowner is defined as follows: Person(s)who owns a parcel of land on which he/she resides or intends to reside,on which there is,or is intended to be,a one or two family dwelling,attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a Homeowner. If you are applying under this section sign below: Signature: e SECTION 4-WORKER'S COMPENSATION INSURANCE AFFIDAVIT(MGL c 152§25) Worker's Compensation Insurance Affidavit must be completed and submitted with this application. Failure to prov e this affidavit will result in the denial of the issuance of the building permit. Signed Affidavit Attached: 0 No SECTION 5-DESCRIPTION OF PROPOSED WORK(Check all applicabiej ❑ Deck ❑ Pool 0 Repairs is .Akeion 0 Chimney/Fireplace 0 Woodstove/Pellet Stove ❑ New Construction* 0 Accessory Bldg. 0 Roofing/Siding KL r )IQ (Energy report required) (Shed/Garage) (Specify below) ❑ Addition ❑ Replacement window/door 0 Demolition (Energy report required) No. of windows Doors (Specify below) if new construction, please complete the following: Single Family: No. of Bedrooms No. of Baths Two Family: No of Bedrooms Unit 1 No. of Baths Unit 1 No of Bedrooms Unit 2 No. of Baths Unit 2 ❑ Furnace(hot air)-fuel gas(natural or propane),fuel oil,electricity,other(specify): ❑ Boiler(heating)-fuel gas(natural or propane),fuel oil,electricity,other(specify): ❑HVAC(combined unit)-primary fuel.natural gas, propane.electricity,other(specify): 0 Air conditioning-(separate unit) 0 None of the above to be provided ❑Hot Water: Gas Electric Fuel Oil Other Ir r SECTION 6-ESTIMATED CONSTRUCTION COST Item Estimated Cost($)to be completed by permit applicant 1. Building D.8- , coo 2. Electrical 1/44Sjapi; 1 v 3. Plumbing 4. Mechanical (HVAC) I 5. Total =(1 +2+ 3+4) Stoy1 , Ov SECTION 7A-OWNER AUTHORIZATION (to be completed when owners agent or contractor applies for building permit) (Please Print) , as Owner of the subject property hereby authorize to act on my behalf, in all matters relative to work authorized by this building permit application. Signature of Owner s I`_A C h . 1 n j..,T ,. 'h Date Q�`/�,�f� I SECTION 7B-OWNER/AUTHORIZED AGENT DECLARATION I, MI 1(1 , ` I I , as Owner/Autho ' ed Agent reby declare that the statements and information on the foregoing application ar a and accurate,to the best of my wedge and belief. Signed under S:s .-. een. :u. of perjury. 2 . Sign7Pe %. +_j, J7- !'thL edAgent Date _�—JJ SECTION 8-OFFICE/INSPECTOR'S NOTES 1P^ Less Application Fee: $25.00 Remaining Balance: $ ' Total Permit Fee: $ S ^ Other$Amount$ e Gross Area-New Construction total sq.ft. Gross Area-Alteration total sq. ft. 1 V Permit Issued to: ,iZ4 h 14 a 9fromii ?IA . Ci e ciAA a 022./.41/ Sirsqj A-oryiert, 62, 6/2/1/1',) SECTION 9-ADDITIONAL COMMENTS/SKETCHES 077 /3 i'; Permit No. BP-86861 Project Location: 613 OLD FALL RIVER RD ,_ Csmmonwealth of _ Massachusetts TOWN OF DARTMOUTH 4 r ,.x� d of t i. 400 Slocum Road,Dartmouth,MA 02747 -, - ,axe. PhoneP (508)910-1820 • Fax: (508)910-1838. v BUILDING PERMIT C P t. cat FIELD INSPECTION I_ ��1> 1 0 , Contractor: License: Phone#: Tx. - Cla:Ts - BRIEN LANGILL CS-106675 (508)913-0843 HI-170848 (9_ 1 I852 Architect License: Phone#: sow. A a rr 7one4` ZONE 3 Applicant Phone#: ne e VIVINT SOLAR DEVELOPER LLC (508)913-0843 3N nst+ ,. �i N/A4 - ,, OWNER: ?llt Const .. ::' OWNER:GIFF° D ALTON D JR DATE ISSUED: �tt� �� bbi �r �� i; TO PERFORM THE FOLLOWING WORK: Install a nine panel photovoltaic array rooftop - 2.61 KW �D�ATE� TIME TYPE OF INSPECTION&REMARKS INITIAL lrl' l\i'd ( U ass ten a 3='r --ate 2 = Sens. d zt P.3-uaz'i s. a lad Z tea, eis Liza^se CS-106675 Construction Sucervisor BRIEN LANGILL o 312 UNION STREET HANOVER MA 02339 Earpirat Dorn:issii©:^.er 01/00d20tG �rfl ,fil;/ flee of Consumer Affairs&Business Reyna ME IMPROVEMENT CONTRACTOR —,Registration: 170848 —ype: Expiration: 1,5i2018. Su pGen-ent C VIVINT SOLAR DEVELOPER LLC. BRIEN LANGILL 3301.N THANKSGIVING\NAY SUI Tigfir,'l:7 84043 - ~ _ — Undersecretary License or registration valid for individul use only be-re the expiration date. If found return to: Off Le of Consumer Affairs and Business Regulation i lark Plaza-Suite 5170 Id Boston,MA 02116 Not valid .. signature The Commonwealth of Massachusetts Department of Industrial Accidents cr r6 — _1 Office of Investigations k 600 Washington Street 4 Boston, MA 02111 www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly • Name (Business/Organization/Individual):essdivi v v fly_ soak �-et or, l A�, Address: ( F<U f\1 W • ' n . A ud (ccipitt coot oot rem\ City/State/Zip: V. �(�� UT ? t -t2' Phone #: it s cog c 9 Are you an employer? Check the appropriate box: Type of project(required): 1.IN11 am a employer with <DSt 4. ❑ I am a general contractor and I employees (full and/or part-time).* have hired the sub-contractors 6. ❑ New construction listed on the attached sheet. 7. ❑ Remodeling 2.El I am a sole proprietor or partner- ship and have no employees These sub-contractors have 8. ❑ Demolition working for me in any capacity. employees and have workers' [No workers' comp. insurance comp. insurance. $ 9. ❑ Building addition required.] 5. ❑ We are a corporation and its 10.0 Electrical repairs or additions 3.❑ I am a homeowner doing all work officers have exercised their 11.❑ Plumbing repairs or additions myself. [No workers' comp. right of exemption per MGL 12.0 Roof repairs insurance required.] t c. 152, §1(4), and we have no 13.�ther �a/-employees. [No workers' comp. insurance required.] *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. :Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. ,p� Insurance Company Name: ` t�, �..A ` G�/r 1� SJr Policy#or Self-ins. Lic.#: 1Ci SCR c70 t 33 a-. Expiration Date: 1 ‘ {B-�I 1� Job Site Address:( ? GI U � 1 12-t . City/State/Zip: V�,1 G 1ajCh C Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to $1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of 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 unde the p ins nd penalties of perjury that the information provided above is true and cprrect.+ IrSignature: ) 1 �f1 � 61.1 Date: 1l� D-3 Phone#: �l )( COLA S(91 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#: ACORO® 01119R01 CERTIFICATE OF LIABILITY INSURANCE DATE /2017D YYYY) 7 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT • • MARSH USA INC. NAME:• 1225 17TH STREET,SUITE 1300 (A//CC N Exn: (NC,No): DENVER,CO 80202-5534 E-MAILoss: Attn:Denver.CerlRequesl@marsh.com I Fax:212-948-4381 --- __ INSURER(S)AFFORDING COVERAGE NAIC# _ INSURER A:Axis Specially Europe INSURED INSURER B:Zurich American Insurance Company 16535 Vivinl Solar,Inc. Vivinl Solar Developer LLC INSURER C:American Zurich Insurance Company 40142 Vivinl Solar Provider LLC INSURER D:N/A N/A 1800 W.Ashton Blvd. Lehi,UT 84043 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: SEA-002920277-18 REVISION NUMBER:4 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 ADOL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE JNSD WVD POLICY NUMBER (MM/DDWYYY) (MM/DD/YYYY)• LIMITS A X COMMERCIAL GENERAL LIABILITY 3 7 7 650011 7EN 01/29/2017 11/01/2018 EACH OCCURRENCETORENTE $ 1,000,000 D CLAIMS-MADE X OCCUR PREMISES(O aoccrr PREMISES(Ea occurrence) $ 1,000,000 MED EXP(Any one person) $ 10,000 PERSONAL 8,ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: I GENERAL AGGREGATE $ 2,000,000 • X POLICY JEOT1 I LOC PRODUCTS-COMP/OPAGG $ 1,000,000 OTHER: $ B AUTOMOBILE LIABILITY BAP509601502 1110112016 11/0112017 COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ X HIRED AUTOS X NONED PROPERTY DAMAGE AUTOS (Per accident) $ Comp/Coll Ded $ 1,000 A X UMBRELLA LIAB 1X OCCUR 3 7 76 500 21 7EN 01/2912017 11/01/2018 EACH OCCURRENCE I 5,000,000 X EXCESS LIAB CLAIMS-MADE GL Only AGGREGATE $ 5,000,000 DED RETENTION$ $ C WORKERS COMPENSATION WC509601302 11101/2016 11/0112017 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N AZ,CA,CT,FL,HI,MA,MD,NJ, E.L.EACH ACCIDENT $ 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? I N I N/A _ (Mandatory in NH) NM,NV,PA,SC,TX,UT E.L.DISEASE-EA EMPLOYEE S 1,000,000 B DESCRIPTION yes.describe under W09601402(MA) 11/01/2016 11/01/2017 1000000 C5 OF OPERATIONS below EL.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Addilonal Remarks Schedule,may be attached if more space la required) CERTIFICATE HOLDER CANCELLATION Town of Dartmouth SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 400 Slocum Road THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Dartmouth.MA 02747 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE I of Marsh USA Inc. Kathleen M.Parsloe 4e44-rn, JQ jesrr ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD 1800 W Ashton Blvd. Lehi, UT 84043 Structural Group Jon P. Ward, SE, PE J.Matthew Walsh, SE, PE Clint C. Karren, PE Structural Engineering Manager Senior Structural Engineering Manager Structural Engineering Manager jon.ward@vivintsolar.com james.walsh@vivintsolar.com Clint.karren@vivintsolar.com October 18, 2017 Re: Structural Engineering Services Gifford Residence 613 Old Fall River Rd, Dartmouth, MA S-5764439; MA-03 To Whom It May Concern: 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 representative from our office under my supervision identifying specific site information including size and spacing of members for the existing roof structure. 2. Proposed layout of the system including connection details for the solar panels. 3. 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: A. Description of Residence: The existing residence is typical wood framing construction with a maximum of two layers of composite shingle roofing. All wood material utilized for the roof system is assumed to be Spruce-Pine-Fir#2 or better with standard construction components and consists of the following: • Roof Section 1: Dimensional lumber - 2x8 at 16" 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. B. Loading Criteria 9.75 PSF= Dead Load (roofing/framing) 2.59 PSF= Dead Load (solar panels/mounting hardware) 12.34 PSF=Total Dead Load 20 PSF= Roof Live Load 30 PSF= Ground Snow Load (based on local requirements) Wind speed of 110 mph (based on Exposure Category B-the total area subject to wind uplift is calculated for the Interior, Edge, and Corner Zones of the dwelling.) C.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 (www.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 11/2" thick and mounted 41/2" off the roof for a total height off the existing roof of 6". At no time will the panels be mounted higher than 6"above the existing plane of the roof. 3. Maximum allowable pullout per lag screw is 205 lbs/inch of penetration as identified in the National Design Specifications (NDS) of timber construction specifications for Spruce-Pine-Fir. Based on our evaluation, the Page 1 of 2 T , .371 77 A. _ Page 2 of 2 pullout value, utilizing a penetration depth of 21/2", is less than the maximum allowable per connection and therefore is adequate. 4. The maximum allowed spacing was calculated for the Wind Speed shown in paragraph B above, using the wind load uplift procedures of ASCE 7-10 and is specified below. The following values have been verified by in- house testing and the mounting hardware manufacturers' data, which are available upon request. Panel support connections shall be staggered to distribute load to adjacent members. Modules in Landscape Modules in Portrait Roof Zone Interior Edge Corner Interior Edge Corner Max Vertical Spacing (in) 40 40 40 66 66 66 Max Horizontal Spacing (in) 64 64 64 48 48 48 Max Uplift Load (Ibs) 159 131 125 268 221 210 D. Summary Based on the above evaluation, with appropriate panel anchors being utilized the roof system designed on will adequately support the existing system and the additional loading imposed by the solar panels, if installed correctly. This evaluation is in conformance with the 2009 International Residential Code with Massachusetts Amendments, current industry standards and practice, and the information supplied to us at the time of this report. If there are any questions regarding the above,or if more information is required, please contact me. rtt 14 1 OF 71► Regards, • Jon P.Ward, SE, PE " ,1 .A{yPYw� MA License No. 52584 a " No. szs: //� ir q ? 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Oz0 pp -- DT ^n 3:000. nx Ezor9 I � yyDD 3S m zy ao I � N ? i8.XO y�TyryO< O = p3 O <D n(22C < m :no,:ix pmy Imo F. nN9LA On 3° F MI � F �`m fa' e. � 'L °` cmmm a v � r' -f3AA � cocoa) = R� n -1.y yPC m lik a. 11.1 Q C n myzo y W _o, Do330 m mv0 va 0y <a i c x Warning n m INSTALLER:VIVINT SOLAR t 0' C4C rA a Gifford Residence E.3 3 m Labels s. y Y?INSTALLER NUMBER:1.877.404.4129 6130LD FALL RIVER RD MA LICENSE:170359 DARTMOUTH,MA 2747 Page 5764439 I Created:10/13/17 Utility Account 1251 436 0010 m ODD Dior Xnmln © 3 an Fzm O © m m B oyA 3xti o ' ' x ~ _ N '= D _ 3c0D2m z ZZ oY z 0Z< 3 < 3 < ` o r0 3 mz, m N zy zNn Oz „ O aO mZM*fiA z/S■ 9 ^ x o ° iOyn Nooamxr m - OypT C ymmo z a oa �Amm pO ' Cc ao a 9n mm °i0y s3oE °n m zz i L^ mo p� j Oh OTOcnMO—II z ,' L 02imD A OZ<D ' O n Dymivm m~m. < di � mD mY' s a-0-I- m 5 0Oxxm ozi �ODf> H aco n y_ o O © © a oAo m z on n U anZzNOO nZ m• /� /-Foa m n Oe \ J \ \ / � /A i9 � i i i > zT I O o O00 I, "O o0 o aD z onzn o m o 0 3 y zm v a 3 y o F m r m 9 0 9 o m 9 9 0 0 z zirnir�x z� Egli, � � gaao � a� o mnmtmn mac " 0 O N o o,y 3 o czi9 a <� am -e o D > Z � z g o g groo so om vsP> o K r j O = v o_nz o A `?nz 6. m OVA 9 E 0 sozi 0, 5 , m OCoi p >�. z V. .nC ~Onm O rn nn o x *n'y = �Du �zOD Haom < m < y -inzr Z F m m :, s p z 5 © O O 3 m A OOD pZo m \�J \�� to o n tmnm cTay� -n Zo P D I O a mymp oti c - z 3z nmmz z0 mz , y9 0 _ : a „ A £ 0 0 O z n m Z!<nmr rn — Ap O _ 3y33o m < myar O A02 x. 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Warning a m INSTALLER:VIVINT SOLAR Gifford Residence E.4 3 n Labels 3 y INSTALLER NUMBER:1.877.404.4129 "i' . 7e 613 OLD FALL RIVER RD cs MA LICENSE:170359 DARTMOUTH,MA 2747 '• Page 5764439 Created:10/13/17 Utility ACCOunt1251 4360010 RESIDENTIAL SOLAR POWER PURCHASE AGREEMENT ` '-` { ? ter"' Customer Name and Contact Information: ' J' Name(s)Alton Gifford Installation Location Approximate Start and Completion Date 613 OLD FALL RIVER RD Primary Phone 5089958945 2018-01-13 DARTMOUTH E-Mail altond613@comcast.net MA 02747-1270 .129 2 ?C-Y;': . CT'st laergy F r. ($Ik :,) 7;1iti',A 'er rTh_ ":‘ t + We will design,install, maintain, repair, + We will not place a lien on Your Property. Sri — �`eG monitor,and insure the System at no additional cost to You. + You are free to cancel this Agreement any time prior to Our commencement of + We warranty all of Our work,and that Our any work at or near Your Property roof penetrations will be watertight,for the associated with installation of the System. initial 20 year term. + The Energy Price includes a$5 monthly + Your Energy Price will not increase by more discount for paying by automatic deoit from than 2.9%per year. Your bank account. + If You need to make Property repairs,We + You will not be responsible for any property will remove and reinstall the System if You tax assessed on the System. pay Our estimated costs. + We will fix or pay for any damage We may cause to Your Property or belongings. • Pay for the Energy produced by the System. - Maintain a broadband internet connection. Your Commitment • Keep Your roof in good condition throughout - Continue service with Your Utility for any the Term. energy used above and beyond the System's • Respond to Our sales and support teams production. when scheduling and completing paperwork. At the End or your 7ni?i • You can renew the Agreement for a ai Term subsequent term; You can request that We remove the System at no additional cost. • You can purchase the System;or vo) bicve We guarantee You can transfer the a You can relocate the System to Your Agreement to the new home buyer, new home;or regardless of credit rating; - After the sixth anniversary,You can You can prepay the Agreement; purchase the System. You may cancel this Agreement any time prior to commencement of any work at or near Your Property associated with installation of the System. Vivint Solar Developer, LLC(EIN: 80-0756438) is a licensed contractor in each state in which we operate,for information about our contractor licenses please visit www.vivintsolar.com/licenses. 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 888.567.8688. SEE PRESCREEN & OPT-OUT NOTICE BELOW FOR MORE INFORMATION ABOUT PRESCREENED OFFERS. The Notice of Cancellation may be sent to this support@vivintsolar.com I vivintsolar.com address:1800 W Ashton Blvd., Lehi, UT 84043 877.404.4129 I : 801.765.5758 Copyright©2016 Vivint Solar Developer,LLC. All Rights Reserved. PPA(12/2016, ✓3.2.3) I Page 1 RESIDENTIAL SOLAR POWER PURCHASE AGREEMENT This RESIDENTIAL SOLAR POWER PURCHASE (c) Activation. After installation, inspection, AGREEMENT (together with all documents expressly and receipt of all necessary approvals relating to the incorporated herewith, this "Agreement') is entered System, We will request interconnection of and into as of the last date set forth on the Signature Page, permission to operate the System with the Utility. below ('Transaction Date'l, by and between VIVINT Although We will promptly request interconnection SOLAR DEVELOPER, LLC, a Delaware limited liability and permission to operate the System, We cannot company (together with Our successor and assigns, promise or guarantee the date such permission will be "Seller', "WE', "Us", "Our) and the undersigned received from the Utility. After We receive the Utility's CUSTOMER(s) (together with Your successors and permission to operate,We will activate the System and permitted assigns, "Customet', "Yad', "You?';together cause it to generate Energy, measured in kilowatt with Us, the "Parties', and each, a "Party"). hours ("Energy'). Energy does not include the System 1. Design, Installation,and Activation. Interests. YOU ARE NOT ALLOWED TO TURN ON THE (a) Description of the project and description SYSTEM UNTIL WE NOTIFY YOU THAT THE UTILITY HAS of the significant materials to be used and equipment GIVEN ITS PERMISSION TO OPERATE. PURSUANT TO to be installed. We will design, install, service, and SECTION 7(b), YOU ARE LIABLE FOR ANY COSTS OR maintain a solar photovoltaic system on Your home at DAMAGE RELATING TO YOUR PREMATURE the installation location described above (the ACTIVATION OF THE SYSTEM. "Property'), which will include all solar panels, 2. Term and Renewal. inverters, meters, and other components (collectively, (a) Term. This Agreement is effective as of the the "System'), as further described in the Customer Transaction Date and shall continue until the twentieth Packet that We will provide to You hereafter. Material (20th) anniversary of the In-Service Date (together portions of the System generally will be installed by with any renewal term described in Section 2(b)(ii),the Our employed technicians and electricians. If We use "Term'). The "In-Service Date+' shall be the first day subcontractors, We will provide You with their names after all of the following have been achieved: (i) the and license numbers if required by applicable law. System has been installed and is capable of generating With Your cooperation, We will (i) design, install, and Energy; (ii) all permits, inspections, and approvals connect the System in material compliance with all necessary to operate the System have been obtained; applicable laws; (ii) complete all required inspections; and (iii) the System has been interconnected with the and (iii) obtain all required certifications and permits. Utility and received permission to operate. In order to design a System that meets Your needs,You (b) End of Term. (i) Your Options. At the end agree (1) that We may obtain Your electrical usage of the Term, so long as there is no Customer Default history from Your electric utility provider (the ongoing, You may elect to: (1) continue with this "Utility'); (2) to provide Us with copies of bills and Agreement for a renewal term of five (5) years at the other information from Your Utility; and (3) to enter Renewal Price (as described in Section 2(b)(ii)); into and execute any interconnection or other (2) purchase the System (as described in agreements that may be required by Your Utility. We Section 2(b)(iii)) and this Agreement will automatically will design and install the System at no cost to You, terminate; or (3) have the System removed at no cost other than the Energy Price. We agree to maintain to You (as described in Section 2(b)(iv)) and this Your Property free of trash during installation, and will Agreement will automatically terminate. No more clean up any materials or debris after installation. than sixty(60) nor less than thirty(30)days prior to the (b) Approximate Installation Start and end of the Term,We will send to You notice concerning Completion Date. Subject to the delays of permitting Your end of term options, including the renewal, authorities, weather, and other conditions outside Our purchase, and cancellation forms. If You do not elect control, installation of the System generally takes one any of these three options, this Agreement will (1) day and is anticipated to start and be substantially automatically renew on a year-to-year basis (as complete no later than the dates described above. described in Section 2(b)(v)). (ii) Renewal Option. The renewal form will set forth the new Energy Price for cop y rg^.t F- 2015 Vivint Solar Develoces, '1C. Ail Rights Reserved. PPA (72/2016, v3?.31 Page 2 the renewal term based on Our assessment of the 3. Price and Payment. then-available market information and Our (a) Sale of Electricity. (i)Sale. This Agreement determination of the then-current fair market value of is for the sale of energy by Us to You and not for the the System (the "Renewal Pricd'). If You elect the sale of the System, the System Interests (as such term renewal option, then We will need to receive Your is defined in Section 4(i)), or a solar energy device. completed renewal form not less than thirty (30) days Beginning with the In-Service Date, We will sell to You prior to the end of the Term. If You choose not to and You will buy from Us all of the energy produced by renew, then You may elect (under Section 2(b)(i)) to the System. (ii) Price. For all Energy produced by the purchase the System or to have the System removed System, You shall pay Us the Energy Price set forth at no cost to You. (iii) Purchase Option. The purchase above, PLUS APPLICABLE TAXES. On each anniversary form will set forth the Purchase Option Price. The of the In-Service Date, the Energy Price shall increase "Purchase Option Pricd' will be the then-current fair by two and nine-tenths percent (2.9%). (This market value of the System as determined by an percentage may not measure the overall cost of independent appraiser's valuation of similarly sized financing this Agreement.) (iii) Delivery. Title to and photovoltaic systems in Your geographic region. We risk of loss with respect to the Energy shall transfer will provide the valuation to You in writing and it will from Us to You at the point where the System is be binding. If You elect the purchase option, then We interconnected with Your Property's electrical wiring. will need to receive Your completed purchase option Energy from the System will be delivered to You in form, Your payment of the Purchase Option Price, compliance with all requirements of the Utility. A good costs of the appraisal, applicable taxes, and all other faith estimate of the System's annual Energy amounts then owing and unpaid hereunder not less production will be provided to You in the Customer than thirty (30) days prior to the end of the Term. Packet; provided that We reserve the right to modify Upon receipt of the foregoing, We will transfer the size of the System at the time of installation as ownership of the System to You on an "As Is,Where Is" required by applicable law or in Our reasonable basis. (iv) Removal Option. If You elect the removal discretion. (iv) Limits on Obligation to Deliver. We are option, then We will need to receive Your completed not a utility or public service company and do not removal form and all amounts then owing and unpaid assume any obligations of a utility or public service hereunder not less than thirty (30) days prior to the company to supply Your energy requirements. We are end of the Term. After which, We will remove the not subject to rate review or other utility or public System from Your Property within ninety (90) days service company regulation by governmental after the end of the Term. (v)Automatic Renewal. IF authorities. During the Term,You understand that You YOU DO NOT NOTIFY US OF YOUR ELECTION BY may require more electricity than the System may SENDING THE APPLICABLE COMPLETED FORM TO US generate. If You need any such additional energy,then EITHER BY E-MAIL OR U.S. MAIL AT OUR ADDRESS You shall be solely responsible to obtain such energy FIRST SET FORTH ABOVE AT LEAST THIRTY (30) DAYS from the Utility at Your cost. OTHER THAN AS PRIOR TO THE END OF THE TERM, THEN (UNLESS WE EXPLICITLY SET FORTH ON EXHIBIT B, WE DO NOT ELECT TO TERMINATE THIS AGREEMENT) THIS WARRANT OR GUARANTEE (i) THE AMOUNT OF AGREEMENT WILL AUTOMATICALLY RENEW ON A ENERGY PRODUCED BY THE SYSTEM FOR ANY PERIOD, YEAR-TO-YEAR BASIS AT TEN PERCENT (10%) LESS (ii) ANY COST SAVINGS, OR (iii) THE EXISTENCE OF OR THAN THE THEN-CURRENT AVERAGE RATE CHARGED PRICING ASSOCIATED WITH ANY NET METERING BY YOUR UTILITY UNTIL YOU NOTIFY US IN WRITING OF PROGRAM, OR UTILITY OR GOVERNMENT INCENTIVE YOUR ELECTION TO CANCEL AT LEAST THIRTY (30) PROGRAM. UTILITY RATES AND UTILITY RATE DAYS PRIOR TO THE END OF THE RENEWAL TERM. STRUCTURES ARE SUBJECT TO CHANGE. THESE YOU AND WE AGREE THAT SUCH ENERGY PRICE CHANGES CANNOT BE ACCURATELY PREDICTED. DURING AN AUTOMATIC RENEWAL TERM FAIRLY PROJECTED SAVINGS FROM YOUR SYSTEM ARE REFLECTS AND IS A REASONABLE ESTIMATION OF THE THEREFORE SUBJECT TO CHANGE. TAX INCENTIVES FAIR MARKET VALUE OF THE ENERGY PRODUCED BY ARE SUBJECT TO CHANGE OR TERMINATION BY THE SYSTEM. EXECUTIVE, LEGISLATIVE OR REGULATORY ACTION. C cayrightt©2016 V;vint St gar Developer, LLC. All Rights Reserved. PPA 332/2076, v32.3) i Page 3 (b) Payments. (i)Invoicing. Beginning with the days after the sixth (6th) anniversary of the In-Service first(15t) month following the In-Service Date and each Date. The "Early Purchase Option Price' will be an month throughout the Term, We will send to You an amount equal to the greater of the Purchase Option invoice reflecting the charges for the Energy produced Price and the Prepayment Price. The valuation will be by the System. If the System is not reporting Energy provided to You in writing and will be binding. If You production to Us, We may charge You the Shutdown elect the Early Purchase Option, then We will need to Payment (as such term is defined in Section 6(a)). All receive Your payment of the Early Purchase Option payments are due within ten (10) days of the invoice Price, plus applicable taxes,and all other amounts then date. (ii) Payment Methods. You shall make payments owing and unpaid hereunder not less than thirty (30) to Us by (1) automatic payment deduction from Your days thereafter. Upon receipt of the foregoing,We will designated checking account, (2) automatic charge to transfer ownership of the System to You on an "As Is, Your credit card, or (3) personal check. It is Your Where Is" basis, and continue to operate and maintain responsibility to ensure that there are adequate funds the System pursuant to Section 4(a) of the Agreement; in Your account or that You have an adequate credit provided that We will retain all right and title to the limit to make payment as agreed. (iii) Account Debit System Interests. Discount. The Energy Price and all other payments in 4. Our Services. this Agreement will include a Five Dollar ($5) monthly (a) Operations and Maintenance. During the discount if You allow Us to automatically debit Your Initial Term of this Agreement, so long as no Customer checking account.You will not receive such Five Dollar Default (as such term is defined below) has occurred ($5) monthly discount if You choose to pay by any or is continuing, We will honor the limited warranty means other than automatic debit from Your checking described below in Section 4(e), and during the entire account(e.g., credit card or check). (iv)Late Payments. Term, We will operate and maintain the System (i) at For all payments more than fifteen (15) days past due, Our sole cost and expense; (ii) in good condition; and or any returned check, We may impose a charge up to (iii) in material compliance with all applicable laws and Fifteen Dollars ($15), but not to exceed the maximum permits and the Utility's requirements. amount allowed under applicable law. If You continue (b) Insurance. On the date hereof, We carry to fail to make any payment within fifteen (15) days commercial general liability insurance in the amount of after We give You written notice, then We may $1,000,000 per occurrence, workers' compensation exercise all remedies available to Us pursuant to insurance in the amount of $1,000,000 per Section 6(b)(ii). (v) Unconditional Payment. You agree occurrence, and property insurance on the System that the obligation to pay any amount due under this (and Our other systems) in the amount of at least Agreement shall be absolute and unconditional, and $10,000,000. For more information, see Exhibit C. shall not be subject to any abatement, defense, (c) Risk of Loss; Casualty Losses. We shall bear counterclaim, setoff, recoupment, or reduction. You all risk of loss with respect to the System, except for and We agree that all amounts payable by You losses arising from the acts or omissions by You or Your hereunder shall be payable in all events including by licensees, guests, invitees, contractors, or agents or Your successors, and permitted assigns. Except for otherwise covered by Your insurance pursuant to Your right to cancel under the Notice of Cancellation Section 5(b). If the System is damaged or destroyed by or after a Seller Default (as such term is defined in fire, storm, flood, earthquake, or other disaster or Section 6(b)(iii)), and to the fullest extent permitted accident (each, a "Casualty Event') fully covered by under applicable law, You hereby waive all rights You Our insurance, We will promptly repair or replace the may have to reject or cancel this Agreement,to revoke damaged portions of the System as necessary to acceptance of the System, or to grant a security restore it to good working condition. If the System is interest in the System. damaged or destroyed by a Casualty Event not fully (c) Early Purchase Option. You have a one- covered by Our insurance, We may, at Our option (i) time option to purchase the System on the sixth (6th) repair and restore the System to good working anniversary of the In-Service Date (the"EarlyPurchase condition;or(ii)terminate this Agreement and,at Your Option'). You may elect to purchase the System by election, either convey the System in its then-existing sending Us written notice no later than ninety (90) condition, "As Is, Where Is", to You for no additional Coc a-t ' _6 Whet So :r Davelcce- LC. A I r rts Reserved. 'PA( 2/2016,v3.2.3) Page 4 consideration or remove the System from Your output. During the Term, We will enforce these Property. warranties as owner of the System. (d) Disconnection of System. We may cause (g) Exclusions and Disclaimer of Warranties. the System to be disconnected from any electrical The limited warranties set forth in Section 4(e) above, facilities, including the Utility's facilities, if they require do not apply to and do not cover problems resulting such disconnection or We are required to do so under from: (i) Your acts or omissions, including Your failure applicable law, including (but not limited to) any to abide by the terms of this Agreement; (ii) exposure disconnection directed by the Utility as part of a to harmful materials and chemicals; (iii) any Force curtailment or other order or instruction. Majeure Event(as such term is defined in Section 6(d)); (e) Limited Warranties. So long as You comply (iv) vandalism, theft, or tampering with the System by with Your obligations under this Agreement, under anyone; (v) damage caused by hail or ball strikes; and customary use and operating conditions, We warrant (vi) any other cause beyond Our reasonable control. for the Initial Term that: (i)the System will be free from Our warranty and maintenance obligations under material defects in design and workmanship, and We Sections 4(a) and 4(e) may be transferred to a third will repair any damage to Your Property or other party. EXCEPT AS SET FORTH IN THIS SECTION 4 AND belongings that We cause, except as limited by EXHIBIT B AND TO THE FULLEST EXTENT PERMITTED Section 5(g); and (ii) all rooftop penetrations We make UNDER APPLICABLE LAW, WE MAKE NO OTHER in connection with installation will be watertight. To WARRANTY TO YOU OR ANY OTHER PERSON, make a claim under this warranty, please contact Us at WHETHER EXPRESS, IMPLIED, OR STATUTORY; AS TO support@vivintsolar.com or 877.404.4129. We will THE MERCHANTABILITY OR FITNESS FOR ANY repair or replace any damage or defective component, PURPOSE OF THE EQUIPMENT, INSTALLATION, or correct any defective workmanship at no cost to You. DESIGN, OPERATION, OR MAINTENANCE OF THE To make a claim under this warranty, please contact Us SYSTEM; THE PRODUCTION OR DELIVERY OF ENERGY; at support@vivintsolar.com or 877.404.4129. We will OR ANY OTHER ASSOCIATED SERVICE OR MATTER correct any defective workmanship or roof penetration HEREUNDER, ALL OF WHICH WE HEREBY EXPRESSLY at no cost to You. Any dispute between You and Us DISCLAIM. TO THE EXTENT THAT ANY IMPLIED regarding Our obligations under this warranty WARRANTY MAY NOT BE DISCLAIMED UNDER (including any claims arising under Title I of the APPLICABLE LAW,SUCH IMPLIED WARRANTY SHALL BE Magnuson-Moss Warranty Act) must be resolved OF A DURATION NO GREATER THAN THAT OF THE pursuant to Section 6(e), through binding arbitration LIMITED WARRANTY SET FORTH IN SECTION 4(e). conducted by JAMS (800.352.5267, 1920 Main Street, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW Suite 300, Irvine, CA 92614). Further information LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE relating to the arbitration of disputes under this LIMITATION MAY NOT APPLY TO YOU. TO THE Agreement can be found in Section 6(e). This warranty FULLEST EXTENT PERMITTED UNDER APPLICABLE gives You specific legal rights, and You may also have LAW, OUR LIABILITY FOR ANY BREACH OF ANY other rights which vary from state to state. WARRANTY IS LIMITED TO REPAIRING THE SYSTEM OR (f) Manufacturers' Warranties. We do not YOUR PROPERTY TO THE EXTENT REQUIRED UNDER provide any warranty to You with respect to any THIS AGREEMENT. AS SET FORTH IN SECTION 7(a), NO component of the System. Any manufacturer's CLAIM SHALL BE MADE BY YOU AGAINST US OR ANY warranty is for Our benefit as owner of the System and OF OUR AFFILIATES, DIRECTORS, EMPLOYEES,AGENTS, is independent of the limited warranties described OR CONTRACTORS FOR ANY SPECIAL, EXEMPLARY, above in Section 4(e). The System's solar modules INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR carry a minimum manufacturer's warranty that: PUNITIVE DAMAGES (WHETHER OR NOT THE CLAIM (i) during the first ten (10) years of use, the modules' THEREFORE IS BASED ON CONTRACT, TORT, DUTY electrical output will not degrade by more than ten IMPOSED BY LAW, OR OTHERWISE), IN CONNECTION percent (10%)from the originally rated output; and (ii) WITH, ARISING OUT OF, OR IN ANY WAY RELATED TO during the first twenty-five (25) years of use, the THE TRANSACTIONS CONTEMPLATED BY THIS modules' electrical output will not degrade by more AGREEMENT OR ANY ACT OR OMISSION OR EVENT than twenty percent (20%) from the originally rated OCCURRING IN CONNECTION THEREWITH, INCLUDING Cop}rgnt r) 7016 Vivnar 5o ar Deveiceeee I_LC. All Rights Reserved. PPA(12/2016, v3.23) Page 5 IN CONNECTION WITH ANY WARRANTY HEREUNDER. the System Interests. You shall have no property SOME STATES DO NOT ALLOW THE EXCLUSION OR interest in the System or the System Interests except LIMITATION OF INCIDENTAL OR CONSEQUENTIAL for (A) the Energy that the System generates, and DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION (B) any credits or payments available under Your MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE THAT Utility's net metering program for the Energy that the WE ARE RELYING ON THIS SECTION 4(g) AS A System generates. You agree to keep the System and CONDITION AND MATERIAL INDUCEMENT TO ENTER System Interests free from all liens, security interests, INTO THIS AGREEMENT. THERE ARE NO WARRANTIES levies, attachments, and encumbrances of any type, WHICH EXTEND BEYOND THE DESCRIPTION OF THE and You acknowledge that none of the System nor any FACE HEREOF. of its components nor any System Interests may be (h) Metering. We will install performance sold, leased, assigned, mortgaged, pledged, or meter(s) as needed to measure the Energy produced encumbered by You. You shall indemnify Us against all by the System (the "Meter"). We will collect System losses,claims,costs and expenses(including attorneys' production and performance data from the Meter fees) incurred by Us in discharging and releasing any remotely or use Our personnel to collect such data. such lien, encumbrance, pledge, levy, or attachment We will store such Meter data throughout the Term arising by, under or through You. You agree to not take and provide it to You with access to it upon Your any action or allow any omission that could have the reasonable request. Our use and disclosure of data effect of impairing the value of the System or the collected through the Meter is described in Section 7(1) System Interests. You shall immediately notify Us below. You agree to allow Our personnel reasonable upon becoming aware of the occurrence or possibility access to Your Property to collect such data. At Our of such impairment. (ii) Personal Property Nature of discretion, We may test the accuracy of the Meter the System. Notwithstanding the manner in which the from time to time. If such testing indicates that the System is attached to Your Property, nor any fixture Meter is inaccurate by more than plus or minus five filing by Us, You and We hereby agree that the System percent (±5%), then We will (i) repair and recalibrate and the System Interests shall remain Our sole the Meter, at no cost to You; and (ii) make retroactive personal property and shall not be deemed or adjustments to Your payments based on corrected characterized as a "fixture" or any part of the "realty", Meter data for the period of such inaccuracy. If the as those terms may be defined by applicable law. It is Meter is inoperable for any reason, including Your further agreed that the installation of the System shall failure to maintain working broadband internet or not be a repair, remodel, alteration, conversion, electrical connections, We may (1) charge You the modernization of, or addition to, Your Property. Shutdown Payment, and/or (2) estimate any (iii) Notices of System Ownership. We will not place a performance guarantee payment. lien on Your Property. You authorize Us to make filings (i) The System and the System Interests. and recordings with relevant governmental authorities (i) Our Ownership of the System and the System as may be necessary to provide notice of and to take Interests. We shall own and hold all property rights in security interest in Our ownership in the System and (1)the System; and (2)any credits, rebates, incentives, the System Interests, and Our right to access Your allowances, tax benefits, or certificates that are Property, including (without limitation) financing attributed, allocated, or related to the System, the statements, UCC-1 financing statements and fixture Energy, or environmental attributes thereof filings. Upon termination of this Agreement,each such (collectively, the "System Interest?). You hereby filing will be terminated. You understand that the disclaim and, if applicable, assign to Us any and all System shall be marked and identified as Our property. right, title and interest in the System and the System 5. Customer Obligations. Interests that You may have at any time, whether (a) Representations and Warranties. You arising under applicable law or otherwise, and You represent, warrant, and agree that each of the agree to execute all documents and instruments We following is true and correct: (i) all information reasonably request to carry into effect the terms and concerning You herein is true, correct, and complete; intent of the foregoing assignment and to otherwise (ii)You are the only fee simple owner(s)of the Property cause Us to be the exclusive owner of the System and (i.e., You have full and exclusive ownership rights to .a r g t 5 !Evint» ,r eveEe e , LaG AU ets Reserved. PP/\ a2/2016, v3.2.3j Page 5 the Property) or if Your Property has been placed into repair, or removal of the System. The foregoing rights a trust, You are, or a signatory hereto is, the trustee of access to Your Property shall constitute a license with requisite authority to bind the trust under this coupled with an interest and shall be irrevocable for up Agreement; (iii) You own the roof on the Property and to ninety (90) days after this Agreement terminates to have the unrestricted right to install the System provide Us with time to remove the System at the end thereon; (iv) Your roof is in good condition and repair, of the Term. We shall give You reasonable notice prior without material defects, sufficient for Us to install the to accessing Your Property. System; (v) You are at least eighteen (18) years of age; (e) Modifications after Install. (i) Alterations. (vi) You have had the opportunity to review and You shall not (1) touch, handle, operate, alter, repair, discuss this Agreement with Our sales agent and any or otherwise modify the System or any component other advisor You may desire to consult; and (vii) if thereof; and (2) take any action that could void or there is more than one signatory to this Agreement, impair any warranty relating to the System. You will be each of You shall be jointly and severally liable under responsible for any damage to the System that is this Agreement and (viil)You are either a citizen of the caused at any time by You or Your licensees, guests, United States or not exempt from paying United States invitees, contractors, or agents. (ii) Property Repairs. federal income taxes. You understand that any You are not permitted to make repairs or mistake, misrepresentation, or omission in this improvements to Your Property that may interfere Agreement made by You is a material breach of this with the performance or operation of the System Agreement and entitles Us to the remedies provided without Our prior consent pursuant to this for in Section 6(b)(ii). We make no representations or Section 5(e). If You provide Us with at least thirty (30) warranties except as expressly set forth in this days' prior written notice, then We will temporarily Agreement. remove and reinstall the System at Your request to (b) Customer Insurance. You currently have allow for such repair or improvement (a "Customer- and agree to maintain customary property and liability Requested Temporary Shutdown'). You will be insurance with respect to Your Property. required to (1) before We remove the System, pay to (c) Existing Violations and Conditions. We Us a fee equal to Our estimated labor, equipment, and shall not be held responsible for any existing violations overhead costs to remove and reinstall the System; of applicable building regulations or ordinances on (2) if We request, securely store the System Your Property, whether cited by the appropriate components during the Customer-Requested authority or not. We are not responsible for any Temporary Shutdown; and (3) pay the Shutdown preexisting conditions or fixtures installed on Your Payment if the System is not reinstalled within thirty Property. If You have an existing solar energy system, (30) days of removal. THE CUSTOMER-REQUESTED You acknowledge that We are not responsible for such TEMPORARY SHUTDOWN COSTS DESCRIBED IN THIS system. Prior to installation,You shall give to Us a copy SECTION 5(e) ARE NOT AN EARLY CANCELLATION FEE. of any easements, restrictions,or rights of way relating OTHER THAN AS SET FORTH IN THE NOTICE OF to the Property. If You do not do so, We will assume CANCELLATION AND SECTIONS 5(n), 6(b) AND 6(c), that none exist, and You shall be solely liable for any YOU ARE NOT ALLOWED TO TERMINATE OR CANCEL violation of such easement, restriction, or right of way. THIS AGREEMENT PRIOR TO THE END OF THE TERM. (d) Grant of Access. You hereby grant to Us (iii) Required Changes. If You, the Utility, or any and Our employees, agents, and contractors the right governmental agency requires (1) any change to the to access and use Your Property so that We may System after its installation,You shall pay Our standard (i) perform a site survey, where We will take parts and labor charges;or(2)that We pay any tax,fee, measurements of and inspect Your roof and Your or other charge in relation to the System or this home's electrical systems, (ii) install, operate, and Agreement after the In-Service Date, then You shall be maintain the System throughout the Term, (iii)enforce responsible to reimburse Us for such tax, fee, or other Our rights as to this Agreement and the System and the charge (including any taxes under Section 5(k)). System Interests, and (iv) take any other action (f) Insolation. You acknowledge and agree reasonably necessary in connection with the that the System's unobstructed access to sunlight construction, installation, operation, maintenance, ("Insolation') is essential to Us and is a material Copy right G 2016 Vivirt SoLsw De✓eloces LLG All n hts Reserved. PP.4 (12/2016, 1,3.7.3) Page 7 inducement to Our entering into this Agreement.At all (i) Broadband Internet Connection. You must times during the Term, You shall not cause, permit, or provide the System with continuous access to a otherwise allow any circumstance or condition within functioning broadband internet connection with one Your control that could adversely affect Insolation, (1) wired Ethernet port and standard electrical outlet, including (without limitation): (i) any material at Your cost. We may elect, in Our sole discretion, to alteration of Your Property where the System is install equipment that We may use to obtain data installed; (ii) the installation of any structure, or any about the System that does not rely on a broadband other obstruction; (iii) the growth of trees and other internet connection. Your responsibility to maintain a foliage; or (iv) the emission from Your Property of broadband internet connection shall remain intact if particulate matter, smoke, fog, steam or any other we choose to install such equipment. If You fail to airborne impediments that materially affect Insolation. maintain broadband internet or electrical connection You agree to trim all trees and other foliage to ensure for a period of time, We may (i) charge You the that shading of Your roof and the System is no worse Shutdown Payment, and/or (ii) estimate any than on the Transaction Date. If You become aware of performance guarantee payment. any potential development or other activity on (j) Authorizations. Prior to installation of the adjacent or nearby properties that could diminish the System, You shall obtain from Your mortgagee, home Insolation, You shall promptly notify Us and shall owners' association, or any other person with an cooperate with Us in reasonable measures We may interest in Your Property all authorizations necessary take in an attempt to preserve existing levels of for Us to install, operate, and maintain the System. Insolation. Notwithstanding any other right or remedy Your failure to obtain these authorizations in a timely provided in this Agreement, You agree that We would manner may result in termination of this Agreement. be irreparably harmed by Your breach of Your (k) Taxes. You will pay all taxes assessed on or obligations under this Section 5(f) and that an award of arising from installation or operation of the System, damages would be inadequate to remedy such a including any transaction privilege,general excise, use, breach, and that therefore We shall be entitled to sales or other transaction-based taxes on the Energy equitable relief, including specific performance, to produced by the System. You will not be responsible compel Your compliance with the provisions of this for any personal property taxes assessed on the Section 5(f) without proof of any damages or posting System; provided, however, You are responsible for of any bond or similar security. any real property taxes associated with Your (g) Your Property. You are responsible to Property. It is Your responsibility to verify that the ensure that Your Property (including all electrical System is not included as part of any real property tax systems and the roof) is maintained in good condition assessment specific to Your Property. Where and repair. It is Your responsibility to remove or applicable, You may be eligible for an exemption from protect any personal property or fixtures (including, any increase to real property taxes on Your Property but not limited to, decorations, furniture, vehicles, associated with installation of the System. plants, and other valuables) in the areas of Our work (I) Further Assurances. Upon Our request, and the locations surrounding the System. You You shall promptly sign and return, or otherwise assist acknowledge and agree that We are not responsible Us in obtaining: (i) any application, agreement, or for any damage or loss to Your Property, personal other document necessary for Us to obtain any System property, fixtures, or other belongings caused by: Interests; (ii) any permits, interconnection, net (i) snow falling from Your roof; (ii) animals or other metering agreements, and other documents required pests under or near the System; or (Hi) other natural by the Utility; (Hi) any document necessary to verify events or acts of god outside Our reasonable control. Our ownership interest in the System and System (h) Use of the System. You shall use the Energy Interests; and (iv) You shall promptly comply with any from the System primarily for personal, family, or of Our additional requests so that We may obtain household purposes, but not to heat a swimming pool. possession of all System Interests. To the extent At all times,You shall ensure that the Property remains permitted by applicable law, You hereby authorize Us grid-connected to the Utility. to complete any documents referenced above in this Section 5(I) by adding any information necessary. rot-yyrier. © , 6 VIvi(rt SO!jr' DeVEIo er,LLC. AU r gnts Reserved- PPA 22/2016, v3.2.3, Page 8 (m) Duty to Notify. You shall promptly notify Us be obligated to pay any remaining monthly payments if(i)You notice any person or thing interfering with the for the Energy Price during the Term, but the Property operation of the System; (ii) Your Property has any Transferee will assume all other obligations under this ordinance or permit violations or encumbrance that Agreement. Prepayments do not constitute down may prevent proper System permitting, installation, or payments or progress payments. REGARDLESS OF operation; (iii) You take any emergency action with WHETHER YOU PREPAY THIS AGREEMENT, WE WILL respect to the System; or(iv)You receive or otherwise OWN THE SYSTEM AND THE SYSTEM INTERESTS AS acquire any System Interests, including any incentive PROVIDED IN SECTION 4(i) HERETO, and Our payments. Your failure to promptly notify Us of such obligations to operate and maintain the System under matters shall be a Customer Default under Section 4(a) hereto will continue throughout the Term. Section 6(b)(i). In the event of an emergency affecting (iii)Relocation. We may remove the System from Your the System, You shall contact Us immediately. If We current Property and reinstall the System on Your new are unable to timely respond, You may (at Your own home; provided that each of the following expense) contract with a licensed and qualified solar requirements are satisfied, in Our sole discretion: installer to remove the System as necessary to make (1) Your new home's Insolation is not less than Your repairs required by the emergency. You shall be current Property; (2)the relocation is permitted by the responsible for any damage to the System that results Utility and applicable law; (3) Your new home is from actions taken by Your contractor. located within Our service territory and the service (n) Transfer of Property. You are required to territory of the Utility to which You are connected as notify Us thirty (30) days prior to any sale or transfer of the Transaction Date; (4) before We remove the of Your Property (a "Property Transfer"). When System,You will pay to Us all fees, Our estimated labor, notifying Us, You will be required to provide the equipment, and overhead costs associated with following information: the name of the person buying removal, relocating, and reinstalling the System, and Your Property or the transferee (the "Property any loss of value in or recapture of System Interests, Transferee'), the anticipated date of the Property including (without limitation): rebates, incentives, or Transfer, Your choice of the four (4) transfer options solar renewable energy credits; (5)You will execute an outlined below, and any additional information We amendment to this Agreement that identifies the new reasonably request. You will have the following four Property and adjusts the Energy Price,as applicable,to (4) options upon a transfer of the Property: a rate consistent with the location of the new Property; (i) Assignment. The Property Transferee can sign a and (6) You provide any third party consents or transfer agreement, assuming all of Your rights and releases required by Us in connection with the new obligations under this Agreement. Prior to any such Property. (iv) Early Purchase. In connection with a sale or transfer of Your Property,You agree to have the Property Transfer after the sixth (6') anniversary of Property Transferee sign the transfer agreement. YOU the In-Service Date, You may elect the Early Purchase ACKNOWLEDGE AND AGREE THAT UNTIL THE Option pursuant to Section 3(c). PROPERTY TRANSFEREE HAS SIGNED THE TRANSFER 6. Special Circumstances. AGREEMENT, YOU SHALL REMAIN RESPONSIBLE FOR (a) System Shutdowns. (i) Safety Shutdown. ALL OBLIGATIONS IN THIS AGREEMENT. In addition to Our right to shut down the System for (ii) Prepayment. You may elect to fully prepay all of maintenance, We may shut down the System if We Your remaining monthly payments of the Energy Price reasonably believe that Property conditions or during the Term of this Agreement and assign the activities of persons on the Property, which are not agreement to the Property Transferee. The under Our control, whether or not under Your control, "Prepayment Pricd' will be equal to the sum of the may interfere with the safe operation of the System remaining monthly payments of the Energy Price (a "Safety Shutdowd'). During the pendency of a (based on Our reasonable estimation of the energy to Safety Shutdown, You will pay Us the Shutdown be produced) due to Us during the Term, discounted Payment. (ii) Property Vacated. In the event that You by five percent (5%). After Our receipt of Your vacate Your Property for any period of time as a result payment of the Prepayment Price and a signed of an event that is not a Force Majeure Event or a Seller transfer agreement, the Property Transferee will not Default, You will continue to pay Us for all the Energy Cooyr ght s R015 Vivint Sear Dovreopes I C. All Rights Reserved. PPA J 2076) c3.2.3) Page 9 produced by the System. (iii) Interconnection Customer Default. If a Customer Default occurs, We Deactivation. If interconnection with the Utility may exercise any of the following remedies: becomes deactivated for reasons that are not (1) a (1)terminate this Agreement and demand You pay the Force Majeure Event,or(2)caused by or related to Our Default Payment; (2) leave the System in place on Your unexcused action or inaction, such that the System is Property, but deny You use of the Energy it produces, no longer able to produce electricity or transfer which may be redirected and sold at Our election; electricity to You or to the Utility, You will pay Us the (3)disconnect or take back the System as permitted by Shutdown Payment. (iv) Shutdown Payment. The applicable law; (4) engage a collection agency to "Shutdown Payment" shall equal the sum of collect payments from You; (5) report Your default to (1) payments of the Energy Price that You would have credit reporting agencies; (6) suspend Our made to Us as described in Section 3(b) for the Energy performance under the Agreement; and/or that would have been produced by the System during (7) exercise any other remedy available to Us in this the period of the shutdown; (2) the value to Us of the Agreement or under applicable law. Seller's remedies System Interests that We would have received during set forth in this Section 6(b)(ii) are cumulative and not such shutdown; and (3) applicable taxes. exclusive. (iii) Seller Default. A "Seller Default' shall Determination of the amount of Energy that would mean Our failure to perform any of Our material have been produced during the period of the obligations under this Agreement and the effect of shutdown shall be based on estimated levels of such failure is not cured within thirty (30) days after production. If We bill You for the Shutdown Payment You give Us written notice of such failure. because the System is not reporting Energy production (iv) Remedies for Seller Default. If a Seller Default to Us, and We subsequently determine that We have occurs and is continuing, You may: (1) terminate this either overestimated or underestimated the actual Agreement and request removal of the System from Energy production, then We will adjust the next Your Property; and/or (2) except as provided below, invoice with a non-refundable credit (for over-billing) exercise any other remedy available to You in this or an additional charge(for under-billing). You will not Agreement or under applicable law. Notwithstanding be charged for Shutdown Payment when the System is the foregoing, You will have no right to claim damages not producing Energy due to Our fault. If a shutdown as a result of the termination of this Agreement, pursuant to Section 5(e) or this Section 6(a) continues except for(1)the actual costs to remove the System, if for one hundred and eighty (180) days or longer, We We fail to remove the System from Your Property may, in Our sole discretion, terminate this Agreement pursuant to Section 6(c); and (2) any damages to Your and require You to pay the Default Payment. Property resulting from the removal of the System by (b) Events of Default. (i) Customer Default. A Us or Our contractor. (v) Default Payments. If this "Customer Default' shall mean the occurrence of any Agreement is terminated for any reason, other than if of the following: (1) Your failure to make any payment this Agreement is cancelled pursuant to the Notice of under this Agreement within ten (10)days of when due Cancellation,or terminated pursuant to Section 6(d) or and such failure is not cured within ten (10) days after a Seller Default, You will pay to Us the Default We give You written notice of such failure; (2) Your Payment. The "Default Payment' shall be an amount failure to perform any obligation under this Agreement equal to the sum of: (1)the Prepayment Price, (2) any and such failure is not cured within thirty (30) days other amounts due and owing under this Agreement, after We give You written notice of such failure; (3)You including (without limitation) late fees, (3) Our fees deny Us, Our contractors or agents, governmental and costs associated with removal of the System from authorities, or the Utility access to Your Property and Your Property, (4) loss of expected benefits from the such access is not given within thirty(30)days after We System, including (without limitation) benefits and give You written notice of the failure to provide such sources of revenue associated with the System access; (4) Your bankruptcy, insolvency, or admission Interests, and (5) Our other documented losses. You of Your inability to pay Your debts as they mature; or agree that the Default Payment fairly reflects the value (5) Your Property becoming subject to a foreclosure of the System, and, in the case of a Customer Default, proceeding or Your failure to perform any obligation is a fair representation of the damages and losses that which is secured by Your Property. (ii) Remedies for We expect to incur. After You pay to Us the Default ccpyrgnt R2 201.6 Vivi^.t So ar Developer. 1.111. All R.gPts Reserved. PPA(12/2016,v3 23) Page 10 Payment, We will transfer ownership of the System to expected to avoid, and which by the exercise of due You on an "As Is,Where Is" basis;provided that We will diligence such Party without fault attributable to it is retain all right and title to the System Interests. unable to overcome, including, but not limited to, (c) Termination and Cancellation. (i) action by a governmental authority, the failure to act Termination by Seller. We may, in Our sole discretion, on the part of any governmental authority or the Utility terminate this Agreement: (1) if prior to the In-Service (provided that such action has been timely requested Date, upon delivery of written notice to You. We may and diligently pursued), failure to obtain or maintain a exercise Our right to terminate under this Section for permit, license, consent, or approval (provided that one or more of the following reasons including such Party has made timely and reasonable (without limitation): (A) Your roof's Insolation (as commercial efforts to obtain and maintain the same), defined in Section 5(f)) is inadequate, (B) the roof labor dispute, strike, work-stoppage, slow-down, lock- sections on Your Property are too small, (C) Your out, flood, earthquake, volcano, fire, lightning, wind, energy needs fall below Our minimum requirements, epidemic, war, terrorism, riot, economic sanction or (D) Your Property's electrical infrastructure is embargo, civil disturbance, act of god, unavailability of insufficient to support the System, (E) Your Property's electricity from the Utility, equipment, supplies of roof and structural elements are insufficient to products, power or voltage surge caused by someone support the System, (F) Your roof type is not other than the affected Party, or failure of equipment compatible with the installation of the System, (G) the not utilized by or under the control of the affected requirements of permitting authorities, Your Utility, Party. In no event shall a Force Majeure Event excuse and/or Your home owners' association restrict You from any of Your payment obligations under this installation of the System, (H) any rebate, credit, Agreement. incentive, or other Environmental Attributes for the (e) Arbitration of Disputes. PLEASE READ THIS System are less than We originally estimated, and/or PROVISION CAREFULLY. BY SIGNING BELOW, YOU (I) a change in applicable law has occurred, including ACKNOWLEDGE AND AGREE THAT, WITH LIMITED any applicable Utility tariffs. And (2), We may also EXCEPTIONS, ANY DISPUTE BETWEEN US SHALL BE terminate this Agreement upon the occurrence of a RESOLVED BY BINDING ARBITRATION. Arbitration is Customer Default. Within ninety (90) days after more informal than a lawsuit in court. In arbitration, termination of this Agreement, other than under the disputes are resolved by an appointed arbitrator circumstances in which the System is transferred to instead of a judge or jury. Therefore, by signing below, You under Sections 2(b)(iii),3(c), 5(n)(iv),or 6(c)(v),We YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. By will remove the System and restore all rooftop signing below, You also agree to bring claims against penetrations to be free from leaks. If We elect to Us only in Your individual capacity and YOU ARE terminate this Agreement, We will have no further WAIVING THE RIGHT TO INITIATE OR PARTICIPATE IN A liability to You. (ii) Termination by Customer. You may CLASS ACTION OR SIMILAR PROCEEDING. Procedures terminate this Agreement upon a Seller Default. (iii) before Initiating Arbitration or Suit Most customer Cancellation by Customer. You may cancel this concerns can be resolved quickly and amicably by Agreement pursuant to the terms of the Notice of calling Our customer service department at Cancellation. 877.404.4129 and We encourage You to contact Us (d) Force Majeure. If You or We are unable to about any concern. Prior to commencing arbitration perform any of the obligations under this Agreement or an action in small claims court, a Party must first because of a Force Majeure Event, such affected Party send a written "Notice of Dispute"via certified mail to will be excused from whatever performance is affected the other Party. The Notice of Dispute must be sent to by the Force Majeure Event; provided that the VIVINT SOLAR DEVELOPER, LLC, 1800 W Ashton Blvd, suspension of such obligations is of no greater scope Lehi, UT 84043,Attn: Legal Department. We will send and of no longer duration than is required by the Force the Notice of Dispute to Your billing address. The Majeure Event. "Force Majeure Event shall mean any Notice of Dispute must describe the nature and basis event, condition, or circumstance beyond the control for the Dispute and the relief sought. If You and We of the affected Party which, by the exercise of due are unable to resolve the Dispute within thirty (30) foresight such Party could not reasonably have been days thereafter, then either Party may commence Copyright©2016 Viviat Sour Developer,LLC. All Rights Reserved. PPA(12/2016, v3 2.3i I 'age 11 arbitration or an action in small claims court as set deemed to have been waived if the election is made at forth below. any time before commencement of trial. Scope of this Arbitration Provision: Either You or We Right to Pursue Claims in Small Claims Court: may, without the other's consent, elect mandatory, Alternatively,You or We may pursue a Dispute in small binding arbitration for any claim, dispute, or claims court; provided that the action remains in that controversy arising out of or relating to (i) any aspect court, is made on behalf of or against You only and is of the relationship between You and Us, whether not made part of a class action, private attorney based in contract, tort, statute, or any other legal general action, or other representative or collective theory; (ii) this Agreement or any other agreement action. concerning the subject matter hereof; (iii) any breach, Arbitration Procedures: The arbitration shall be default, or termination of this Agreement; and (iv) the administered by JAMS pursuant to its Streamlined interpretation, validity, or enforceability of this Arbitration Rules and Procedures and in accordance Agreement, including the determination of the scope with JAMS Policy on Consumer Arbitrations Pursuant or applicability of this Section 6(e) (each, a "Dispute'). to Pre-Dispute Clauses Minimum Standards of Any questions about whether any Dispute is subject to Procedural Fairness (available at arbitration shall be resolved by interpreting this http://www.jamsadr.com, the "JAMS Rules") and arbitration provision in the broadest way the law will under the rules set forth in this Agreement. The allow it to be enforced. arbitration proceedings and submissions shall be Nothing in this arbitration provision shall preclude You confidential and the arbitrator and will take reasonable or Us from seeking provisional remedies in aid of steps to protect customer account information and arbitration from a court of competent jurisdiction. other confidential information. This arbitration agreement applies to any and all Claims for less than $10,000: If the relief sought by Disputes now in existence, including any Dispute either Party is for less than$10,000,the following shall arising before You executed this Agreement, or that apply. You may choose whether the arbitration will be may arise in the future, and it survives the termination conducted solely on the basis of documents submitted of this Agreement and the Parties' relationship, to the arbitrator, through a telephonic hearing, or by including Your payment in full, and Your filing of an in-person hearing near Your Property consistent bankruptcy. All Disputes will be on an individual (non- with the JAMS Rules. After We receive notice that You class, non-representative) basis and the arbitrator may have commenced arbitration, We will promptly award relief only on an individual (non-class, non- reimburse You for Your payment of any filing fees. If representative) basis. This means that if You or We the arbitrator issues You an award that is greater than elect to arbitrate a Dispute, You will not be able to the value of Our last written settlement offer made participate in or receive any remedy from a class before an arbitrator was selected (or if We did not action, private attorney general action, or other make a settlement offer before an arbitrator was representative or collective action as either a class selected), then We will pay You the lesser of the representative or as a member of the class. The amount of the award or $10,000, plus reasonable arbitrator shall not have any authority to (i) entertain attorneys' fees incurred by You and awarded by the a claim, or to award any relief, on behalf of or against arbitrator. anyone other than a named party to the arbitration; or Claims for $10,000 or more: If the relief sought by (ii) join any other party to the arbitration. This either Party is for $10,000 or more, all fees and costs arbitration agreement is made pursuant to a (including filing fees, administration and arbitrator transaction involving interstate commerce, and shall fees, all attorneys' fees, travel expenses, and other be governed by the Federal Arbitration Act costs of the arbitration) shall be borne by You and Us ("FAA") (9 U.S.C. §§ 1-16). Any claim against a state in accordance with the JAMS Rules, JAMS Policy on home improvement guarantee fund by You shall be Consumer Arbitrations Pursuant to Pre-Dispute stayed until the completion of any mandatory Clauses Minimum Standards of Procedural Fairness, arbitration proceeding. If any Dispute is advanced in a and applicable law. The arbitration shall be conducted court, arbitration may be elected under this provision at a mutually agreeable location near Your Property. instead, and the right to arbitration shall not be Leger ge: fy; 2'11.6 ,,.r,..et Scrag. 3e.e=o __. ga R a'3ts Rese-vec_ ?Pa 1 2-2D15, a , ' Page 12 Arbitration Award: Regardless of the manner in which not on the value of Your Property or its contents; the arbitration is conducted, the arbitrator shall issue (iv) the System may not always operate properly for a reasoned, written decision sufficient to explain the various reasons; (v) it is difficult to determine in essential findings and conclusions on which the award advance the value of the components of the System is based and judgment on an arbitration award may be that might be lost or destroyed if the System fails to entered in any court of competent jurisdiction. No operate properly; and (vi) it is difficult to determine in matter the circumstances, the arbitrator shall not advance what portion, if any, of any property loss, award damages or any other award to either Party that personal injury, or death would be proximately caused is inconsistent with the limitations set forth in this by Our failure to perform, Our negligence, or a failure arbitration provision or Section 7(a). Except as of the System, or the System installation. expressly set forth herein, the payment of all costs, NOTWITHSTANDING ANY BREACH OF THIS filing fees, and administration and arbitrator fees will AGREEMENT, ANY FAILURE OF THE SYSTEM, OR ANY be governed by the JAMS Rules. Under no NEGLIGENT ACT THAT CAUSED ANY INJURY OR LOSS circumstances will We seek from You payment or (WHETHER PROPERTY DAMAGE, PERSONAL INJURY, reimbursement of any fees that We incur in OR DEATH) TO ANYONE, TO THE FULLEST EXTENT connection with arbitration. PERMITTED BY APPLICABLE LAW, WE AND YOU AGREE NOTICE: BY CHECKING THE BOX BELOW, YOU ARE THAT, UNLESS SUCH INJURY OR LOSS WAS CAUSED BY AGREEING TO HAVE ANY DISPUTE ARISING OUT OF A PARTY'S GROSS NEGLIGENCE, FRAUD, VIOLATIONS THE MATTERS INCLUDED IN THE "ARBITRATION OF OF LAW, OR WILLFUL INJURY, SUCH PARTY'S LIABILITY DISPUTES" PROVISION DECIDED BY BINDING NEUTRAL ARISING OUT OF OR RELATING TO (1)SYSTEM REPAIRS ARBITRATION AS PROVIDED BY THE FAA AND OTHER OR REPLACEMENT UNDER THIS AGREEMENT SHALL IN APPLICABLE LAW AND YOU ARE GIVING UP ANY NO EVENT EXCEED THE DEFAULT PAYMENT, AND RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE (2) DAMAGE TO PERSONS AND PROPERTY SHALL.IN NO LITIGATED IN A COURT OR JURY TRIAL. BY CHECKING EVENT EXCEED$2,000,000. YOU AND WE AGREE THAT THE BOX BELOW, YOU ARE GIVING UP YOUR JUDICIAL THIS AMOUNT IS A FAIR REPRESENTATION OF THE RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE DAMAGES THAT YOU OR WE EXPECT TO INCUR IN THE RIGHTS ARE SPECIFICALLY INCLUDED IN THE CASE OF ANY INJURY OR LOSS HEREUNDER. TO THE "ARBITRATION OF DISPUTES" PROVISION. IF YOU FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO REFUSE TO SUBMIT TO ARBITRATION AFTER CLAIM SHALL BE MADE BY YOU AGAINST US OR ANY AGREEING TO THIS PROVISION, YOU MAY BE OF OUR AFFILIATES, DIRECTORS, EMPLOYEES,AGENTS, COMPELLED TO ARBITRATE UNDER THE FAA AND OR CONTRACTORS FOR ANY SPECIAL, EXEMPLARY, OTHER APPLICABLE LAW. YOUR AGREEMENT TO THIS INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR ARBITRATION PROVISION IS VOLUNTARY. YOU HAVE PUNITIVE DAMAGES (WHETHER OR NOT THE CLAIM READ AND UNDERSTAND THE FOREGOING AND AGREE THEREFORE IS BASED ON CONTRACT, TORT, DUTY TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS IMPOSED BY LAW, OR OTHERWISE), IN CONNECTION INCLUDED IN THE "ARBITRATION OF DISPUTES" WITH, ARISING OUT OF, OR IN ANY WAY RELATED TO PROVISION TO NEUTRAL ARBITRATION. THE TRANSACTIONS CONTEMPLATED BY THIS (f) Governing Law. This Agreement, and any AGREEMENT OR ANY ACT OR OMISSION OR EVENT instrument or agreement required hereunder, shall be OCCURRING IN CONNECTION THEREWITH. YOU governed by,and construed under,the internal laws of HEREBY WAIVE, RELEASE, AND AGREE NOT TO SUE the state where the Property is located. UPON ANY SUCH CLAIM FOR ANY SUCH DAMAGES, 7. Miscellaneous. WHETHER OR NOT ACCRUED AND WHETHER OR NOT (a) Limitation of Liability. You understand that: KNOWN OR SUSPECTED TO EXIST IN YOUR FAVOR. (i) We are not an insurer of Your Property, personal YOU FURTHER AGREE THAT, TO THE FULLEST EXTENT property, or personal safety of persons in or on Your PERMITTED BY APPLICABLE LAW, NO CLAIM, LAWSUIT, Property; (ii) You are solely responsible for providing OR ANY OTHER LEGAL OR ARBITRATION PROCEEDING any insurance with respect to Your Property and its IN CONNECTION WITH, ARISING OUT OF, OR IN ANY contents; (iii) the amount You pay to Us, is based only WAY RELATED TO THIS AGREEMENT MAY BE on the value of the Energy produced by the System and BROUGHT, COMMENCED OR FILED MORE THAN ONE Copyrgnt© 2(316 Vivint Soar Develo er,PLC. AI Rights Reserved. PPA,(22/2016, v32,.3 ! Page 13 (1) YEAR AFTER THE INCIDENT GIVING RISE TO SUCH successors, and permitted assigns. Except as CLAIM. YOU ACKNOWLEDGE THAT WE ARE RELYING otherwise expressly provided in this Agreement, or by ON THIS SECTION 7(a)AS A CONDITION AND MATERIAL operation of law, neither this Agreement nor any of INDUCEMENT TO ENTER INTO THIS AGREEMENT. the rights, interests, or obligations hereunder may be (b) Indemnification. To the fullest extent assigned by You without Our prior written consent. permitted by applicable law, You hereby agree to Any assignment by You without Our prior written indemnify, advance expenses, and hold harmless Us consent shall be void. and Our affiliates, directors, employees, agents, (g) Notice. All notices, requests,demands, and contractors, and Our successors and assigns (each, a other communications required or permitted to be "Covered Pencil') from any and all third party claims, given under this Agreement shall be in writing actions, costs, expenses (including reasonable delivered to the applicable Party at the Installation attorneys' fees and expenses), damages, liabilities, Location set forth on the first page of this Agreement penalties, losses, obligations, injuries, demands, and or to such other address as any Party may designate liens of any kind or nature in connection with, arising from time to time by written notice to the other Party. out of, or in any way related to (i) Your breach of this (h) Survival. After termination or expiration of Agreement, or (ii) Your negligence or willful this Agreement, any provisions which by their nature misconduct; provided, however, Your indemnification are intended to survive such termination or obligations under this Section 7(b)shall not apply if the cancellation shall survive, including (without harm or damage that is the basis for such third party limitation)Sections 2(b) 3 4(d) (g) ill,5,6 and 7 and claim occurred while one of Our employees or agents Exhibits A and B attached hereto, and the Customer was at Your Property and such harm or damage was Packet. caused by the gross negligence, violation of law, or (i) Severability. If any provision of this willful misconduct of such employee or agent. Agreement is held to be invalid, prohibited, voidable, (c) Amendments and Waivers. This or otherwise unenforceable by an arbitrator or court Agreement (including all exhibits and notices attached of competent jurisdiction, this Agreement shall be hereto) may only be amended or modified by an considered divisible and such provision shall be instrument in writing signed by both You and Us. deemed inoperative to the extent it is deemed invalid, (d) Entire Agreement. This Agreement, the prohibited,voidable, or unenforceable,and in all other Customer Packet, and any other agreements or respects this Agreement shall remain in full force and documents incorporated herewith, constitute the effect; provided, however, that if any such provision entire agreement between You and Us and supersede may be made enforceable by limitation thereof, then all prior oral and written negotiations, such provision shall be deemed to be so limited and communications, discussions and correspondence shall be enforceable to the maximum extent permitted pertaining to the subject matter hereof. If you execute by applicable law. a Residential Power Purchase Agreement after the (j) Counterparts. This Agreement may be Transaction Date, the later-signed Residential Power executed in one or more counterparts, and all such Purchase Agreement shall supersede and replace this counterparts shall be deemed to constitute one Agreement in its entirety. instrument. A facsimile or portable document format (e) Our Transfer. We may assign, sell, or ("pdf") shall constitute an original for purposes hereof. transfer (in whole or in part) this Agreement, the (k) Publicity. You hereby authorize Us to use System, or the System Interests without Your consent Your and Your Property's voice, photograph, video, and without notice. If such assignee agrees in writing and likeness in print media, radio, television, e-mail, to assume all of Our rights and obligations under this social media, web materials, and any audio or video Agreement, We will have no further liability or recording; provided that We agree that We will not obligation under this Agreement upon the disclose any of Your personally identifying information effectiveness of such assignment. (except as provided in Section 7(1)). You waive and (f) Binding Effect. This Agreement shall be forever release Us for any Dispute relating to or arising binding upon and inure to the benefit of You and Us out of this Section 7(k). and Our and Your respective legal representatives, Copyright 111 201.66 Vivint Sc gar dews 1Geer, LLC. All Rights Reserved. PP1(12/2016, v3 2 3; Page 11 • (I) Consumption Monitoring and Data affiliates, actual or prospective lenders, financing Handling. (i) Collection of Consumption Monitoring parties, investors, insurers, and acquirers; or (6) for Data. In connection with Our installation of the any purpose to which You have provided Your express System, We may install, operate, and maintain an consent. (iv) Access to Data. So long as no Customer energy consumption monitoring device on Your Default has occurred or is continuing under this Property. Through such device, We will collect and Agreement, We will make certain Consumption Data store information about energy usage at Your Property available to You via the Vivint Solar Account Center, (the "Consumption Data"), and We may use and available at: https://account.vivintsolar.com. (v) Data disclose such Consumption Data to Our assignees, Security. We use certain physical, managerial, and affiliates, actual or prospective lenders, financing technical safeguards that are designed to improve the parties, investors, insurers, and acquirers. We may integrity and security of Data in Our possession and combine the Consumption Data with other data, control. We cannot, however, ensure or warrant the including (without limitation): personally identifiable security of all Data or guarantee that Data may not be information, Your credit report, Meter Data, data accessed, disclosed, altered,or destroyed by breach of regarding energy generation at Your Property, and/or any of Our physical, technical, or managerial other data (collectively, "Data"). (ii) Handling of Data. safeguards. We may use Data for the following purposes (in each (m) Electronic Records. As part of Your case to the extent permitted by law): (1) to operate, relationship with Us, You are entitled by law to receive maintain, provide, and enhance the System; (2)for Our certain information "in writing". The federal E-SIGN internal purposes, including (without limitation): Act and certain state laws allow Us to provide this research and development, improvement of Our information to You electronically, instead, with Your product and service offerings, and creation of new prior consent. Because it is more efficient to product and service offerings; and (3) to customize communicate electronically, all information, content and communications We may provide to You. documents, and agreements between You and Us will (iii) Disclosure of Data. We will not disclose any Data be in electronic form. There is a five dollar ($5) from You or Your Property without Your consent,other processing fee for all notices and other documents We than in the following circumstances: (1) where the mail to You in paper (except for Your first copy of this Data does not contain personally identifiable Consent or the Customer Agreement). You can avoid information (including where Data has been de- this fee by agreeing below to receive documents identified); (2) in order to provide Our products or electronically. (i) Consent to Use Electronic Records services to You (including working with third-party and Signatures. You consent and agree to receive service providers who may host, maintain, or electronically all communications, agreements, otherwise process Data for Us); (3) if required to do so documents, notices, records, disclosures, and other by any law or regulation or in the good-faith belief that information (collectively, "Electronic Records')that We such action is necessary to comply with any law or provide in connection with the Services. Electronic regulation, in response to a court order, judicial or Records include (without limitation): this Agreement, other government subpoena or warrant, or to the Notice of Cancellation, and the Customer Packet. otherwise cooperate with law enforcement or other We will provide these Electronic Records to You by governmental agencies; (4) if We believe, in good faith, emailing them to You at the most recent e-mail disclosure is appropriate or necessary to (A) take address that We have on file for You and by making precautions against liability, (B) protect Us or others these available to You via Vivint Solar Account Center. from fraudulent, abusive, or unlawful uses or activity, We reserve the right (in Our sole discretion) to (C) investigate or defend against any third-party claims communicate with You via U.S. mail. You further agree or allegations, (D) protect the security or integrity of and consent that We may use and obtain from You Our services and any facilities or equipment used to electronic signatures (such as Your act of clicking, make Our service available,or(E) protect Our property checking, signing using a digital pen, or otherwise or other legal rights (including, but not limited to, manifesting Your assent) in the processing of enforcement of Our agreements), or the rights, Electronic Records. (ii)Option to Receive Paper Copies. property, or safety of others; (5) to Our assignees, If We provide You with Electronic Records, and You Coo,r ght P PS J• .nt Solar()eve'.o er, '_LC. .Ad Rehr, Reserved. PPA(12/2026, v3.7 3) Page 15 want a copy in paper, You may contact Our customer to access or retain Your Electronic Records, We will service department at 877.404.4129 during Our give You notice of the revised hardware or software normal business hours and request a paper version. All requirements. Continuing to use the Services after requests for paper copies of Electronic Records must receiving notice is reaffirmation of Your consent. be made within ninety (90) days of the date We (n) Authorization to Receive Telephone Calls provided the Electronic Record to You. We will send and Text Messages. In addition, from time to time, We Your paper copy to You via U.S. mail. We will provide may wish to communicate with You via telephone call these Electronic Records to You by mailing them to You and/or SMS text message. By checking the box below, at the most recent mailing address that We have on You consent to receive autodialed telephone calls and file for You. Unless prohibited by law, We reserve the SMS text messages from Us, Our affiliates, Our right to charge You a processing fee of five dollars ($5) contractors, or on Our behalf in connection with the per requested paper copy. (Ili) Your Right to Withdraw Services and other products and services provided by Consent. You have the right to withdraw Your consent us and Our affiliates at the most recent mobile at any time. If You wish to withdraw Your consent,You telephone number that We have on file for You. You must contact Our customer service department at also agree and understand that in addition to purely 877.404.4129. If You elect to receive required notices informational texts,these SMS text messages also may and disclosures only in paper format, it will slow the include promotional material related to Our Services, speed at which We can complete certain steps in and Our and Our affiliates' products and services, that transactions with You and delivering the Services to they may be sent using an automatic telephone dialing You. If You withdraw Your consent and elect to receive system, and that You are not required to agree to required notices and disclosures by paper, then Our receive telephone calls or SMS text messages as a monthly processing fee of five dollars ($5) per condition of entering into this Agreement. Standard requested paper copy shall apply. (iv) Keep Your call and text message charges may apply from Your Information Current with Us. In order to ensure that wireless provider. We are able to provide You with the Electronic Records (o) Customer Information Sharing and Cross- and other information from time to time, You must Marketing Consent. (i) Permission to Share Your notify Us of any change in Your e-mail address. You Customer Information with Affiliates. You expressly may change the e-mail address on record for You by authorize Us to share your name, contact information, contacting Our customer service department at Property location, and other information we have 877.404.4129 during Our normal business hours. You collected or obtained about You ("Customer understand and agree that if We send to You an information') with Our affiliates, including Vivint, Inc. Electronic Record, but You do not receive it because and its affiliates. (ii)Permission for Us and Our Affiliates the most recent e-mail address that We have on file to Contact You. You expressly authorize Us and Our for You is incorrect, out of date, blocked by Your affiliates, including Vivint, Inc. and its affiliates, and service provider, filtered by Your service provider as others that may act on Our or Vivint, Inc.'s behalf, to: "spam" or "junk mail", or You are otherwise unable to (1) call and/or send SMS text messages to You as receive the Electronic Record, We will be deemed to authorized by Section7(n); (2) send You electronic have provided the Electronic Record to You, unless We mail; and (3) send You mail through the U.S. Postal receive actual notice that You did not receive the e- Service. You may opt-out of receiving marketing mail. (v) Hardware and Software Requirements. In communications from Us or Our affiliates by order to access and retain Electronic Records, You contacting Us at 877.404.4129. must have: (1) a computer with an Internet (p) Credit Authorization. In connection with connection; (2) a compatible web browser with the execution of this Agreement and at any time cookies enabled; (3)Adobe Acrobat Reader version 8.0 during the Term, You hereby authorize Us to (i) obtain and above to open documents in ".pdf" format; and Your credit rating and report from credit reporting (iv) a valid and accessible e-mail account. If a change agencies to confirm whether You are able to make in hardware or software is needed in order for You to payments as required under this Agreement; (ii) to access or retain Electronic Records, and that change report Your payment performance to credit reporting would create a material risk that You would not be able agencies; and (iii) disclose this and other information g2 J 2116 ,khrt Sal ' . L t%. 1i R „ts Reserved. PPj - ., 2/2/15. .31 Page 16 to Our assignees, affiliates, actual or prospective (1) request that We remove the System within ninety lenders, financing parties, investors, insurers, and (90) days, and, to the extent this Agreement runs with acquirers. the land, terminate this Agreement; (2) assume the (q) Lenders' Rights. In order to clarify Your and obligations in writing under this Agreement and Our obligations in the event of a foreclosure of the become the beneficiary hereunder, without payment Property, and to ensure compliance of this Agreement of any transfer charge or similar fee; or(3) enter into a with Fannie Mae's Selling Guide Topic B2 3-04 (as new agreement with Us on terms no less favorable published on June 28, 2016) (the "Fannie Mae than this Agreement. In addition to electing one of the Requirements'), notwithstanding anything to the foregoing options, the Foreclosure Transferee shall be contrary contained in this Agreement, You and We required to provide written notice to Us concerning agree as follows: (i) Home Value. The System should the date of the foreclosure and documentation not be included in the appraised value of the Property. reasonably satisfactory to Us that evidences the (ii) Utility Power. You are required to maintain access Foreclosure Transferee's ownership of the Property. and connection to the Utility at all times throughout (vii) Notice of System Ownership. You consent to and the Term. (iii) Debt-to-Income. Because this agree that We will file a notice of ownership in the real Agreement is a power purchase agreement (not a property records where the Property is located lease or loan), Your payment under this Agreement pursuant to the terms of this Agreement. You and We should be excluded from the debt-to-income (DTI) agree that the notice is not nor should it be construed ratio in accordance with the Fannie Mae as a title impediment or an encumbrance on the Requirements. Notwithstanding the foregoing, We Property. Other than Our ownership rights in the provide this information to You for informational System and the System Interests, and Our right to purposes only. We do not provide any representation access the Property to install, operate, and maintain or guarantee concerning the decisions that may be the System during the Term, We have no property made by any financing party or Property Transferee in right, security interest, or lien in or on the Property. the future. (iv)Damage to the Property. We will repair (r) PRESCREEN AND OPT-OUT NOTICE. THIS any damage to the Property or Your belongings that "PRESCREENED" OFFER OF CREDIT IS BASED ON We cause, except as limited elsewhere in this INFORMATION IN YOUR CREDIT REPORT INDICATING Agreement. Upon removal of the System, We will THAT YOU MEET CERTAIN CRITERIA. THIS OFFER IS NOT repair and restore all rooftop penetrations to be free GUARANTEED IF YOU DO NOT MEET OUR CRITERIA. IF from leaks. (v) Customer's Property Insurance. We YOU DO NOT WANT TO RECEIVE PRESCREENED OFFERS agree not to be named loss payee or a named insured OF CREDIT FROM US AND OTHER COMPANIES, CALL on Your property insurance policy covering Your THE CONSUMER REPORTING AGENCIES TOLL-FREE, Property. (vi) Foreclosure. If the Property is 888.567.8688; OR WRITE: EXPERIAN OPT OUT, DMA transferred to another person or entity by reason of MAIL PREFERENCE SERVICE, PO BOX 643, CARMEL, NY foreclosure, trustee's sale, deed in lieu of foreclosure, 10512; TRANSUNION NAME REMOVAL OPTION, P.O. or other proceeding for the enforcement of a security BOX 505 WOODLYN,PA 19094;EQUIFAX OPTIONS,P.O. instrument on the Property, the transferee (including BOX 740123 ATLANTA,GA 30374-0123. its successors and assigns, the "Foreclosure Transferee') may elect one of the following options: Coe 2•_S 7016 V vint Scar Deve(Doer LL2_ Au Rgats Reserved. PPA(i2%2016. v32.3' 'age 17 [PLEASE READ THIS SECTION CAREFULLY] BY CHECKING THIS BOX, YOU AGREE TO ARBITRATION AND WAIVE THE RIGHT TO A JURY TRIAL AS • DESCRIBED IN SECTION 6(e),AND AGREE THIS CHECKBOX CONSTITUTES YOUR ELECTRONIC SIGNATURE. BY CHECKING THIS BOX, YOU AGREE TO RECEIVE ELECTRONIC RECORDS AS FURTHER DESCRIBED IN • SECTION 7(m),AND AGREE THIS CHECKBOX CONSTITUTES YOUR ELECTRONIC SIGNATURE. BY CHECKING THIS BOX,YOU AGREE AND OPT-IN TO RECEIVING TELEPHONE CALLS AND TEXT MESSAGES • AS FURTHER DESCRIBED IN SECTION 7(n) AND AGREE THIS CHECKBOX CONSTITUTES YOUR ELECTRONIC SIGNATURE. BY CHECKING THIS BOX, YOU AGREE THAT WE MAY SHARE INFORMATION ABOUT YOU WITH OUR • AFFILIATES,AND THAT OUR AFFILIATES MAY CONTACT YOU,AS FURTHER DESCRIBED IN SECTION 7(q],AND AGREE THIS CHECKBOX CONSTITUTES YOUR ELECTRONIC SIGNATURE. [SIGNATURE PAGE FOLLOWS] coryinght© 2015'fly'.rt ,., ,r e e o e AU R gThis Reserved. P0,1.11212025, v32.3A% Page 18 SIGNATURE PAGE AND NOTICE TO CUSTOMERS A. INCORPORATED DOCUMENTS. These documentsAgreement, si ned both You and Us, before any B by are incorporated into this Agreement and apply to the work may be started. relationship between You and Us: (1) Residential Solar G. You have the right to require Us to have a Power Purchase Agreement, (2) Exhibit A: Notice of performance and payment bond. Cancellation, (3) Exhibit B: State Notices and Disclosures, (4) Exhibit C: Certificates of Insurance, H. CUSTOMER'S RIGHT TO CANCEL.YOU MAY CANCEL and (5) Customer Packet. THIS CONTRACT AT ANY TIME BEFORE THE LATER OF: B. WE HAVE NOT GUARANTEED, PROMISED OR (I) MIDNIGHT OF THE THIRD (3RD) BUSINESS DAY OTHERWISE REPRESENTED ANY REDUCTION IN AFTER THE TRANSACTION DATE, OR (II) THE START OF ELECTRICITY COSTS IN RELATION TO THE SYSTEM THAT ANY WORK AT OR NEAR YOUR PROPERTY ASSOCIATED WILL BE INSTALLED ON YOUR PROPERTY. WITH INSTALLATION OF THE SYSTEM. IF YOU WISH TO C. IT IS NOT LEGAL FOR US TO ENTER YOUR PREMISES CANCEL THIS CONTRACT,YOU MUST EITHER: (1)SEND UNLAWFULLY OR COMMIT ANY BREACH OF THE A SIGNED AND DATED WRITTEN NOTICE OF PEACE TO REMOVE GOODS INSTALLED UNDER THIS CANCELLATION BY MAIL, E-MAIL, OR FAX; OR AGREEMENT. (2) PERSONALLY DELIVER A SIGNED AND DATED D. DO NOT SIGN THIS AGREEMENT BEFORE YOU WRITTEN NOTICE OF CANCELLATION TO: VIVINT HAVE READ ALL OF ITS PAGES. You acknowledge that SOLAR DEVELOPER, LLC, 1800 W ASHTON BLVD, LEHI, You have read and received a legible copy of this UT 84043, ATTN: PROCESSING DEPARTMENT. IF YOU Agreement, that We have signed the Agreement, and CANCEL THIS CONTRACT WITHIN SUCH PERIOD, YOU that You have read and received a legible copy of every ARE ENTITLED TO A FULL REFUND OF YOUR MONEY. document that We have signed during the REFUNDS MUST BE MADE WITHIN 10 DAYS OF OUR negotiation. RECEIPT OF THE CANCELLATION NOTICE. SEE THE E. YOU RISK THE LOSS OF ANY PAYMENTS MADE TO ATTACHED NOTICE OF CANCELLATION FOR AN A SALES REPRESENTATIVE. EXPLANATION OF THIS RIGHT. DO NOT SIGN BELOW F. DO NOT SIGN THIS AGREEMENT IF THIS UNLESS WE HAVE GIVEN YOU THE "NOTICE OF AGREEMENT CONTAINS ANY BLANK SPACES. You are CANCELLATION". entitled to a completely filled in copy of this VIVINT SOLAR DEVELOPER, LLC CUSTOMER(S): pp����, Signature: Signature: QLG�D""Rt't— ,,I Printed Name: Darcey Barrus Printed Name: Alton Gifford Salesperson Na.: 68647 Date: 2017-07-17 Date: 2017-07-17 Signature: Printed Name: Date: 2017-07-17 r ng`t © 5 y v nt So•ar eve.ace- F U . fiats Reserved. PPe ! 2 20'5. v3.2_3) Page 19 EXHIBIT A NOTICE OF CANCELLATION (Customer Copy) Transaction Date:2017-07-17 Service No.: YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE (3) BUSINESS DAYS OR(IF LATER) UNTIL THE START OF INSTALLATION OF THE SYSTEM OR ANY WORK AT OR NEAR YOUR PROPERTY ASSOCIATED WITH INSTALLATION OF THE SYSTEM. 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 DEUVERED TO YOU UN DER THIS CONTRACTOR 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 TOTHE 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 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 1800 W ASHTON BLVD, LEHI, UT 84043, ATTN: PROCESSING DEPARTMENT PRIOR T02017-07-24 OR (IF LATER) UNTIL THE START OF ANY WORK AT OR NEAR YOUR PROPERTY ASSOCIATED WITH INSTALLATION OF THE SYSTEM. I HEREBY CANCEL THIS TRANSACTION. Date: Customer's Signature: BY CHECKING THIS BOX, YOU ACKNOWLEDGE RECEIPT OF THIS NOTICE OF CANCELATION AND AGREE THIS CHECKBOX CONSTITUTES YOUR ELECTRONIC SIGNATURE AS OF THE TRANSACTION DATE. Copyright O 2016 Vivint Solar Developer, LLC. All Rights Reserved. PPA(1 2/2019, v3.2 3) ExhibitA NOTICE OF CANCELLATION (Vivint Solar Copy) Transaction Date:2017-07-17 Service No.: YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION WITHIN THREE (3) BUSINESS DAYS OR (IF LATER) UNTIL THE START OF ANY WORK AT OR NEAR YOUR PROPERTY ASSOCIATED WITH INSTALLATION OF THE SYSTEM. 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 ATTHE 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 UABLE 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 VIVI NT SOLAR DEVELOPER, LLC, AT 1800 W ASHTON BLVD, LEHI, UT 84043, ATTN: PROCESSING DEPARTMENT PRIOR T02017-07-24 OR (IF LATER) UNTIL THE START OF ANY WORK AT OR NEAR YOUR PROPERTY ASSOCIATED WITH INSTALLATION OF THE SYSTEM. I HEREBY CANCEL THIS TRANSACTION. Date: Customer's Signature: C o g:nt l© 2R16 Vivint Soar Developer, [iC. Ai Rights Reserved. PPA(! 22015; [v3.2,3) [Exhibit A EXHIBIT B—MASSACHUSETTS STATE NOTICES AND DISCLOSURES A. HOME IMPROVEMENTCONTRACT. This Agreement is not intended and shall not be construed to be a contract subject to the Massachusetts General Laws ("MGL") ch. 142A, § 2. Our installation of the System is not intended and shall not be construed to be an "improvement" or the sale, installation, or furnishing of "residential contracting services" under MGL ch.142A. Although We will install a solar energy system on Your Property's roof, We are not improving Your Property because the System is and shall at all times throughout the Term remain Our sole personal property. The System is a power generating appliance that is capable of being installed and removed without material alteration or damage to Your Property. As provided in Section 4(i)above,(i)the System is not a fixture and is not intended to become a part of Your real property; and (ii) the installation of the System is not a repair, remodeling, alteration, conversion, modernization, or addition to,Your real property. In the event that MGL ch. 142A, § 2, et seq. is held to apply to this Agreement and any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, prohibited, unenforceable, or voidable pursuant to Massachusetts law, then this Agreement shall be considered divisible and such provision shall be deemed inoperative to the extent it is deemed invalid, prohibited, unenforceable, or voidable, and in all other respects this Agreement shall remain in full force and effect; provided, however, that if any such provision may be made enforceable by limitation thereof,then such provision shall be deemed to be so limited and shall be enforceable to the maximum extent permitted by applicable law. A. OBTAINING PERMITS. The installation of the System will require a construction permit from Your local municipality or county, which We shall obtain on Your behalf. If We subsequently determine that any other permits are needed for the installation and operation of the System, We shall inform You of and obtain such permits on Your behalf. Homeowners who secure their own permits or deal with unregistered contractors 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. 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. D. HOMEOWNER RIGHTS. HOMEOWNERS THAT ENTER INTO HOME IMPROVEMENT CONTRACTS ARE GRANTED CERTAIN RIGHTS UNDER THE MASSACHUSETTS REGULATION OF HOME IMPROVEMENT CONTRACTORS, AS SET FORTH IN CHAPTER 142A OF THE GENERAL LAWS OF MASSACHUSETTS AND TITLE 780, CHAPTER 110.R6 OF THE MASSACHUSETTS CODE OF REGULATIONS. YOU MAY CONTACT THE MASSACHUSETTS OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION AT THE ADDRESS OR TELEPHONE NUMBER PROVIDED ABOVE WITH QUESTIONS ABOUT THESE RIGHTS. E. NOTICE TO ALL MASSACHUSETTS CUSTOMERS. As set forth in Section 3(a), Vivint Solar does not warrant or guarantee the existence of or pricing associated with any net metering program. Net metering is a billing mechanism by which a consumer of electricity may be credited for electricity generated by a solar energy system that is supplied to the grid. The value of such a credit varies by state or utility. If the System installed on Your C g. c. 33.16 Vlv'et Saar „eve'.ocr, tLC. A R ghts Reserved. PEA(12/20163 73 's xiiibs 3 Property is sized 12 kW DC or larger, then the System will be eligible for, at most, 60% of the full retail rate you pay your utility. The System may not be eligible for 60% of the full retail rate, and may instead be eligible only for a lower rate, depending on your utility (see section E(1), below). If the System installed on Your Property is sized below 12 kW DC, then the System will be eligible for the full retail rate you pay your utility. For more information visit https://sites.google.com/site/massdgic/home/net-metering. 1. NOTICE TO NATIONAL GRID AND UNITIL CUSTOMERS. As a National Grid or Unitil customer, if the System installed on Your Property is sized above 12 kW DC, then the System will not qualify as a "net metering facility." The System will instead be designated as a "qualifying facility," and You will not receive retail credit for the energy that the System produces above Your consumption in a given month. As a "qualifying facility," National Grid or Unitil will compensate You for such net excess generation at the "ISO-NE hourly wholesale clearing price," which varies but is approximately$0.02-0.04 cents per kWh. Such monies may be considered taxable income. For more information, please contact National Grid at distributed.generation@nationalgrid.com or visit https://www9.nationalgridus.com/masselectric/business/energyeff/4_faq.asp, or Unitil at generator@unitil.com or visit http://unitil.com/energy-for-residents/electric-information/distributed- e nergy-resou rces/net-metering. Utility programs and rate structures are subject to change, and such changes cannot be accurately predicted. IF YOU ARE A NATIONAL GRID OR UNITIL CUSTOMER, YOU ACKNOWLEDGE THAT IF YOU APPROVE INSTALLATION OF A SYSTEM SIZED ABOVE 12 kW DC, THE SYSTEM WILL NOT QUALIFY AS A NET METERING FACILITY, AND YOU AGREE THIS CHECKBOX CONSTITUTES YOUR ELECTRONIC SIGNATURE. F. NO LIEN OR SECURITY INTEREST ON YOUR PROPERTY. NO LIEN OR SECURITY INTEREST ON YOUR PROPERTY WILL BE CREATED AS A RESULT OF THIS AGREEMENT. AS PROVIDED IN SECTION 4(i), YOU AUTHORIZE US TO MAKE FILINGS AND RECORDINGS WITH RELEVANT GOVERNMENTAL AUTHORITIES AS MAY BE NECESSARY TO PROVIDE NOTICE OF OUR OWNERSHIP IN THE SYSTEM AND THE SYSTEM INTERESTS,AND OUR RIGHT TO ACCESS YOUR PROPERTY, INCLUDING (WITHOUT LIMITATION) FINANCING STATEMENTS, UCC-1 FINANCING STATEMENTS AND FIXTURE FILINGS. UPON TERMINATION OF THIS AGREEMENT, EACH SUCH FILING WILL BE TERMINATED. YOU UNDERSTAND THAT THE SYSTEM SHALL BE MARKED AND IDENTIFIED AS OUR PROPERTY. ✓ BY CHECKING THIS BOX, YOU ACKNOWLEDGE RECEIPT OF THIS EXHIBIT B, AGREE TO ALL TERMS AND CONDITIONS HEREIN, AND AGREE THIS CHECKBOX CONSTITUTES YOUR ELECTRONIC SIGNATURE. NOTICE: The electronic signatures of the parties above apply only to the agreement of the parties to arbitration initiated by Seller. You may initiate alternative dispute resolution even if this section is not agreed to by the parties. opy nght [c; 201.1.-2CTh Viv nt Sow 0eve!.oper, I' C Ail Rights Reserved. PPA(12/2016, v3.2,3) Exhibit B EXHIBIT C OUR INSURANCE A. COMMERCIAL GENERAL LIABILITY INSURANCE (CGL). As of the Transaction Date, Vivint Solar Developer, LLC and Our affiliates carry commercial general liability insurance written by Axis Specialty Europe (Policy No. 3776500116EN). You may call Axis at 353.632.5900 to check Our insurance coverage. A copy of our certificate of insurance as of the Transaction Date is available below. B. WORKERS' COMPENSATION INSURANCE. As of the Transaction Date, Vivint Solar Developer, LLC and Our affiliates carry workers' compensation insurance for all employees written by Zurich American Insurance Company (NAIC #: 16535) and American Zurich Insurance Company (NAIC No.: 40142). You may call Zurich American Insurance Company and American Zurich Insurance Company at 800.382.2150 to check Our insurance coverage. A copy of Our certificate of insurance as of the Transaction Date is available below. C. PROPERTY INSURANCE. As of the Transaction Date, Vivint Solar Developer, LLC and their affiliates carry property insurance for all Vivint Solar properties written by Lloyds of London (Quota Share program) (Policy No. P17GR00861). You may call Diversified Insurance Company at 801.325.5000 to check Our insurance coverage. A copy of Our certificate of insurance as of the Transaction Date is available below. Coo•.r ght 1917 , rant 7ol,r Deve Goes, LLC. A P ghts Reserved. PPA(3,12017, v3_2 3) o [C 1