CAMPA FOR ACCOUNTABILITY October 27, 2016 Ken Paxton Attorney General of Texas 300 W. 15th Street Austin, TX 78701 Dear Attorney General Paxton: Campaign for Accountability requests that you open an investigation into companies that provide solar panels to individual homes in Texas. A review of the extensive consumer complaints ?led with your of?ce reveals many of these companies have engaged in false and misleading acts in the marketing and sale or lease of solar panels, in apparent violation of the Texas Deceptive Trade Practices-Consumer Protection Act, Tex. Bus. Com. Code 17.41, et seq. Factual Background In response to a public information request submitted by your of?ce released over 190 pages of consumer complaints you received from 2012 through the present pertaining to the sale or leasing of solar panels and their installation on the roofs of customers? homes. Complainants identi?ed 12 different solar companies that had provided poor or inadequate service, falsely represented the savings the customers would realize from solar power, lured them in with low price quotes that later proved to be false, required them to sign confusing and ultimately inaccurate contracts, andfor performed shoddy installation of the solar panels. By far the largest number of complaints was lodged against Global Ef?cient Energy in Fort Worth, Texas. It appears from many of the complaints that these companies promised signi?cant savings in customers? utility bills with the installation of rooftop solar panels, but those savings never materialized. For example, an April 2016 complaint about Global Ef?cient Energy (Complaint No. describes how the company promised a savings ?at minimum? of 40% on the complainant?s energy bills, yet after the solar panels were installed his energy bills decreased by less than Moreover, he never received the promised tax credits and energy rebates, which were economic factors in the complainant?s decision to install solar panels. Id. Another complainant who also did not receive the promised credits and rebates similarly complained about a discrepancy between the ?nancing cost quoted by Global Ef?cient Energy?s salesman of $70 per month and the rate re?ected in the contract with the ?nance company of $199 per month for the ?rst year at an interest rate of 5.99% and $299 per month for the second A copy of this complaint is enclosed as Exhibit A. 1201 Connecticut Avenue, N.W. - Suite 300 0 Washington, D.C. 20036 - (202) 780?5750 Attorney General Ken Paxton October 27, 2016 Page 2 year at an interest rate of 13.99%. (Complaint No. CGS-4623) (Exhibit B). Describing the impact of this dramatic upswing in cost the complainant wrote: With each and every month that goes by, we are seeing no savings, just extra money going out the window, and we are now stuck with a loan of 15,500. These solar panels were a horrible mistake. Id Another complaint mentioned statements made in a cold call from a sales representative with Global Ef?cient Energy, who falsely represented he was associated with an energy program of the City of Houston (Complaint No. CGS-10490) (Exhibit C). In their face-to-face meeting, the complainant learned for the ?rst time the appointment had nothing to do with the city?s program, but nevertheless proceeded to purchase a solar energy package based on promises of signi?cant savings in utility costs and rebates. As with the other complainants, these promises proved to be false. Further, when the complainant expressed concerns with the quoted interest rate of 13.99% after month 13 of the contract a jump she initially made clear would prevent her from making the purchase in the ?rst place ?she was told she could re?nance at a lower rate. When she tried to re?nance, however, her repeated phone calls went unanswered, leaving her with ?a substantial debt with a high interest rate.? Id. In the complainant?s own words: This company presented itself as a strong, successful company that had been in business for many years. I am disabled and on a ?xed income. I purchased this system in an attempt to keep my electricity cost down and trusting what I was told about being able to re?nance the debt. This has caused a great deal of stress for me as well as causing a signi?cant ?nancial hardship. Id. Consumers have ?led complaints alleging false promises, unreturned phone calls, and factual misrepresentations by other solar companies as well. As with Global Ef?cient Energy, they tell a common story: consumers are lured in by promises of signi?cant cost savings and lower teaser interest rates, then ?nd themselves facing huge debts not offset by savings in their utility costs. For example, one complaint against Solar City detailed the numerous attempts by the complainant to obtain a promised signing bonus and an energy credit, only to discover the solar company had failed to provide her utility company with the information necessary for that credit. She wrote: I am a 65 year old woman that lives on Social Security and a part-time job! I live on a budget and that did not include paying another $75 in solar lease payments plus my Attorney General Ken Paxton October 27, 2016 Page 3 regular electric bills. I may be old but not stupid!2 As a result of Solar City?s false promises, the complainant described many hours of sleepless nights worrying about howl am going to pay my huge Reliant Bills because they were supposed to be $5 - $15 not $116 - $123 and then pay the $75.93 lease payment on top. Id Another complaint concerned the failure of the solar company Visionsolar to honor the terms of its contracts. In one instance, the complainant tried to stop the installation of solar panels by Visionsolar two days after agreeing to their installation because she was unable to get her questions answered.3 She called again one week later and thereafter made more than 20 calls to the company, but her concerns went unanswered and her request to cancel the order was ignored. Id. The contract she signed with Visionsolar provides that notice of cancellation can be made ?any time prior to midnight of the third business day after the date of this transaction.? Id. While there is some discrepancy between the date on the contract (June 9, 2016) and the date the complainant claims she first requested the installation be stopped (June 6), the complainant quite clearly took numerous steps to get out of her contractual obligations, all to no avail. In any event, Visionsolar?s 24~page contract is far from a model of clarity and contains terms highly bene?cial to the company and lender, but offers few, if any, protections to the customer. The leasing contract used by NRG Residential Solar Solutions LLC (NRG RSS) (Exhibit F) another contract of adhesion also contains terms highly unfavorable for customers. For example, it imposes on the customer an ?absolute? and unconditional payment obligation with no ?set-off, counterclaim, recoupment, defense or other rights that you may have against any person whatsoever.? Id. While the contract provides a right of cancellation if the ?size, cost, or energy production? differs more than seven percent from the original estimates, the company agrees to refund only the down payment, with no other amounts under the lease due. Id. For those customers leasing solar panels from NRG RSS, that same contract places restrictions on their ability to sell their homes before the lease payments are fully satis?ed. In those instances, the new owner must meet ?credit requirements.? Exhibit F, p. 6. Further, the original homeowner remains liable for all obligations under the lease ?until you [home owner], the new owner, and NRG RSS have signed a transfer agreement under which all of your remaining rights and obligations under this Lease are transferred from you to the new Id. 2 Complaint 460050 (enclosed as Exhibit D). 3 Complaint No. CGS-10267 (enclosed as Exhibit with contract). Attorney General Ken Paxton October 27, 2016 Page 4 These provisions are particularly problematic given the evidence that leasing solar panels actually decreases the value of a home. According to the Los Angeles Times, some would-be buyers balk when they learn that they?ll need to qualify on credit to take over [the existing] solar lease payments for the next 15 to 17 years. Others say they like the house but won?t sign a contract unless [the home owner] buy[s] out the remaining lease payment stream $15,000 or $20,000 or more because they?re worried that the solar equipment will become obsolete or won?t save as much on electricity bills as advertised.4 Potential Violations of Law Title 2 of the Texas Business and Commerce Code, Chapter 27 -- The Texas Trade Practices Act (DTPA) protects consumers from ?false, misleading, or deceptive acts or Id. at 17.46. Speci?cally prohibited actions include, inter alia: (5) representing that goods or services have . . . characteristics . . . bene?ts, or quantities which they do not have . . . (11) making false or misleading statements of fact concerning the reasons for, existence of, or amount of price reductions . . . (28) delivering or distributing a solicitation in connection with a good or service that: (A) represents that the solicitation is sent on behalf of a governmental entity when The practices of numerous solar companies outlined in the complaints your of?ce has received appear to violate these statutory provisions. By falsely representing the savings and rebates customers would receive from solar energy roof panels and the overall impact of solar energy as a more cost-effective energy alternative, companies like Global Ef?cient Energy and Solar City appear to have violated and (11) of the DTPA. Further, by falsely representing himself as part of a Houston energy program, a salesman for Global Ef?cient Energy appears to have violated of the DTPA. The complaints re?ect the harsh reality that solar companies operating in Texas often take advantage of a particularly vulnerable population: those living on ?xed incomes. As a result, the impacts of these apparently fraudulent practices are all the more devastating, leaving 4? Kenneth R. Hamey, Leased Solar Panels Can Complicate or Kill a Home Sale, Los Angeles Times, Mar. 22, 2015, available at See also Panels Can Be a Deal Killer, Realtor Magazine, Mar. 23, 2015, available at http:/lrealtor 20 5 Attorney General Ken Paxton October 27, 2016 Page 5 customers with even higher utility costs and loans that often exceed what they can afford to pay, and plunging them into a cycle of debt. These problems are exacerbated by the one-sided contracts of adhesion those who purchase or lease solar roof panels are required to sign. Texas law de?nes contracts of adhesion as those ?in which one party has absolutely no bargaining power or ability to change the contract terms.? Serv. Corp. Int ?1 v. Lopez, 162 S.W. 3d 801, 809 (Tex. App. 13th 2005) (citations omitted). Although such contracts are not per se unenforceable, they will be voided by a showing they were ?procured in an unconscionable manner, induced or procured by fraud or In re. Oakwood Mobile homes, Inc, 987 S.W. 2d 571, 573 (Tex. S. Ct. 1999). The solar company contracts that complainants submitted to your of?ce have all the earmarks of contracts of adhesion; there is no suggestion they could be changed in any way, shape, or form. A further investigation of whether they should be voided is warranted given the apparent fraud solar companies used in Texas to induce customers to buy or lease solar panels. Conclusion Solar companies operating in Texas are employing a variety of strategies and practices that may enhance their bottom line, but are leaving customers frustrated, unhappy, and facing even bigger utility bills. Laws like the Texas Trade Practices Act protect against the kinds of fraudulent practices that seem so prevalent in the solar energy industry, but their utility depends on more aggressive enforcement. therefore requests that your of?ce launch a statewide investigation into the consumer practices of solar energy companies, drawing on the many examples found in the complaints lodged with your of?ce. If these companies have violated Texas law, they must be held accountable. Sincerely, nne L. Weismann Executive Director Encls. EXHIBIT A Complaint Number CGS-3609 CONSUMER INFORMATION Primary Consumer: Mohammed Iqbal Secondary Consumers: Consumer Contact Person: RESPONDENT INFORMATION Primary Respondent: Global Ef?cient Energy Secondary Respondents: Respondent Contact Person: COMPLAINT SUNIMARY Our nightmare has been ongoing since ATTORNEY OF TEXAS Received Date: April 21, 2016 Consumer Address: 5919 Woodlake Dr Arlington, TX 76016 Tarrant County United States Consumer Contact Information: Home: (817) 441-3133 Work: (817) 65 8-9944 Respondent Address: 2320 Gravel Dr. Fort Worth, TX 76118 Dallas County Respondent Contact Information: Unknown Email: Unknown installation from Global Ef?cient Energy on May of 2014. I purchased 2 solar panels with the guarantee that I would save every month at minimum 40% on my energy bills. I had numerous problems with the installation followed by problems when submitting my energy bills to them to document my costs. Having complained for months about not getting the guaranteed savings (with many months of same electric bills with no difference in bills). Iwas promised a rebate of $1000 after submitting my electric hills which never came from the ?rst install, for the second install in 8/2015 they upgraded the fans since the ?rst ones installed were not working, and now they are trying to place in the bill charges for those new fans. I went back to them believing their promises again hoping they would ?x the ?rst issues I was also told I would get a $1000 rebate a?er payment on the new install as well and that was not received Page 1 of3 45121 000011 ATTORNEY or Tums Complaint Number CGS-3 609 Received Date: April 21, 2016 either. They use the line will look into that" and will de?nitely get that taken care of for you". When I received the bill from the credit company the total processed was $5200. So I ?gured they were making good on their promises and deducted the 40 per month due and the 2 rebates promised, now they call and threaten me if I don't re-sign a new and different contract they will come and remove the panels off my home. I continually ask to speak to a manager and they say 0k he will call but they only send the sales rep and he says he's the voice for the manager. One day while I was at work last week there were 4 men that showed up in different vehicles and told my wife they will be going on the roof to remove the items my wife called me at work afraid because they were very intimidating to her but she was able to tell them with the help of her sister who was with her at the time for them to get off our property so they parked in the street for another 20 minutes telling her they won't leave until a rep from the company calls them and tells them to leave. When they left she said they all sped off in a quick threatening way. When I signed up for the ?rst install I was told there would be tax credits which I found out later only a small percent could be credited each year when I ?led my taxes and it will be distributed over a few years. I was also told there would be energy rebates but that was never available also and was told later they didn't have the details on that promise. With 12 panels on my roof with a solar panel calculator and the square footage on my home the panels should be suf?cient to cover the total wattage used on my home but with the additional panels I still am not saving the 40% promised on the bills it has come down maybe 10 less then what my average is which is maybe less then 5% savings only. When they installed the additional panels they installed 6 to part of the roof that get less then 3 hours of sun a day I mentioned this to the men and they guaranteed it was the best place to install and to let them know if I don't see a difference they will change the position, and that still hasn't happened. I was also told my windows and doors would be chalked in 2014 and this is still yet to be done. We were led to believe that the savings on our energy bill would pay off our capital investment in these panels, but in actuality it will take much longer for the installations to pay for themselves. Page 2 of3 45121000012 ATTORNEY GENERAL OF TEXAS Complaint Number CGS-3 609 Received Date: April 21, 2016 COMPLAINT DETAILS First contact with business: I received a telephone call from the business Other: They claimed from the Texas energy Program Solicitation in other language: Transaction Place: At home Other: Contract Signed: Yes Amount Requested: $14,000.00 Amount Paid: $5,000.00 Method of Payment: OTHER Payment Subtype: Other Payment Method (Note in Comments) Date of Payment: February 1, 2016 Complained to Business: Yes Date of Complaint: August 1, 2014 Business Response: "1 will look into it" Contacted Another Agency or Private Attorney: Yes Name and Address of Agency: Action Taken by Attorney: Investigating COMPLAINT INFORMATION CGS Analyst: CPD Region: Dallas Complaint Source: Web Page 3 of3 45121 000013 EXHIBIT KEN PAXTON ATTORNEY Complaint Number CGS-4623 Received Date: May 5, 2016 CONSUMER INFORMATION Primary Consumer: Consumer Address: Raymond Price 101 Whitewater Trail Secondary Consumers: DeSoto, TX 75115 Dallas County United States Consumer Contact Person: Consumer Contact Information: Home: (972) 223-2193 Work: (214) 334-2058 RESPONDENT INFORMATION Primary Respondent: Respondent Address: Global Ef?cient Energy 2320 Gravel Rd. Ft. Worth, TX 76118 Secondary Respondents. Collin County United States Respondent Contact Person: Respondent Contact Information: erry Christian Work: (682) 626-5 591 Website: Email: heather.amaya@globalnrg.co COMPLAINT SUMZMARY . w, - .. 7 The salesman told us one thing, but the contract was totally different. He quoted us a price of $70.00fmo. but the contract wf?nance co. states $199.00/mo. for yr. 5.99% int. rate and $299.00/mo. for 2nd yr. 13.99% int. rate. Salesman promised us we would get re?nanced 2% for 2nd yr. Also, he never told us the total would be $19,900.00. He said we could take up to 15 yrs. to pay this off. The co. did not give us anything showing what they installed and how it will work as far as the 4 solar panels, solar foam in the attic 2 solar attic fans on the roof. We are not sure what we have for the lg. amt. of money and we have not rec'd any credits nor rebates promised by salesman and Global Ef?cient Energy (GEE). COMPLAINT DETAILS m? w? -.. First contact with business: Person came to my home Other: Page 1 of 2 45121 000014 TORNEY swarm. or 1 EXAS Complaint Number CGS-4623 Received Date: May 5, 2016 Solicitation in other language: Transaction Place: At home Other: Contract Signed: Yes Amount Requested: $19,900.00 Amount Paid: $0.00 Method of Payment: Payment Subtype: Date of Payment: June 15, 2016 Complained to Business: Yes Date of Complaint: April 18, 2016 Business Response: Don't worry Mrs. Price, everything will be ?ne for you and Mr. Price. You can call me any time on my cell phone per Heather Maya. I asked, where is the salesman, Jerry Christian. She responded, yes, he still works here, I saw him this morning. But we have left him many, many messages and he has not returned any calls. His mail box was full at one time. Now she does not return our calls since they have been fully ?nanced, they totally ignore our phone calls. Contacted Another Agency or Private Attorney: Yes Name and Address of Agency: Derrick Hahn, Atty. 214-744-3200 Action Taken by Attorney: Waiting for his return phone call. COMPLAINT INFORMATION CGS Analyst: CPD Region: Austin Complaint Source: Web Page 2 Of2 45121 000015 EXHIBIT KEN PAXTON or TEXAS Complaint Number l. 0490 CONSUMER INFORMATION Primary Consumer: Judie Thompson Secondary Consumers: Consumer Contact Person: RESPONDENT INFORMATION Primary Respondent: Global Ef?cient Energy Secondary Respondents: Respondent Contact Person: COMPLAINT SUMMARY Received Date: July 29, 2016 Consumer Address: 12014 Fork Creek Dr Houston, TX 77065 Harris County United States Consumer Contact Information: Home: (832) 768-6985 Respondent Address: 2320 Gravel Dr Fort Worth, TX 76118 Tarrant County United States Respondent Contact Information: Unknown Email: Unknown Between January 25th and 27th 2015, I received a phone call from someone telling me that they wanted to schedule an appointment for someone to come to my home to speak to me about making my home energy ef?cient. I had been on a waiting list for a year or so where the City of Houston was doing energy tests on homes. In 2014, someone called to schedule an appointment to have someone come to my house and they did the fan test and put stripping around the back door of my house. When 1 received the call in March 2015, I thought this was pertaining to the program with the City of Houston. When I asked the lady on the phone if this was regarding that program, she told me it was. I scheduled the appointment and Kelly came to my house January 28, 2015. It was not until then, that I found out that this appointment had nothing to do with the city?s program and that he was a sales representative with Global Ef?cient Energy (GEE). He spoke at length about the product and brought up the customer comments about the product; all of which were very positive, and the rating. I was shown a media release that said the PUC was not going to regulate prices starting in April 2016 and the rates would go up by 30%. Based on the media release and the fact that my electric bill was already very high, the rating and customer reviews, I agreed to purchase the solar energy package. (The news media reported earlier this year that the PUC was not changing the rates). The same evening a crew was sent to my house to insulate the room that Page 1 of3 45121000076 KEN PAXTON cannon or rams Complaint Number COS-10490 Received Date: July 29, 2016 contains the central heating and air condition unit, water heater and outlets and light switches on outside interior walls. 1 did not want the solar panels placed on the roof in front of my house. I was told that the solar panels could be placed wherever I wanted them, but there was a different story the day they came to install them. 1 was told the solar panels had to be placed on the roof in front of the house for maximum performance based upon where the sun was most prominent. At this point I felt stuck. Kelly told me I would receive a $4200 energy rebate. I was given Residential Energy Credits Form 5695 to submit when my tax return was completed for the 2015 tax year. When I got my return completed by the tax preparer, I was told that I would not receive a rebate, but a $500 tax credit for the 2015 tax year and a tax credit for the next two years. On March I, 2016, I called Tyler Tucker, the vice president (249-405-9099), and le? messages on his voicemail. I ?nally reaching him on March 8, 2016. I told him what happened when I had my tax return prepared. He said 1 should have received the full rebate of $4200. He advised me to take my return back to the preparer and call him back if there was still a problem with receiving the full rebate. When I tried to call him after I had gone back to the tax preparer, I could not reach him. I called several times after that and ?nally spoke to him on March 23, 2016. He told me at that time that he was no longer with the company and could not Speak to me about my issue. The purchase was ?nanced through Aqua Finance at a spring promo rate of 5.9% ($159 per month). Kelly said that the interest would "jump" to 13.99% in month 13. I told him that I would not purchase the system in that case because the interest would be too high. He told me it would not be a problem because it could be re?nanced at a lower rate. 1just needed to be sure to make the ?rst payment by the due date. Shortly therea?er, I contacted Jason Tasley, the ?nance manager, at 214-952?5432, about my concerns. He assured me not to worry about the 13.99% interest rate and that re?nancing would not be a problem because the ?nancing was in-house. The installation of the solar panels and Dondo box were installed on March 25, 2015. Someone from CenterPoint inspected electrical and Dondo boxes and the system became operational on March 27, 2016. The ?rst payment was due May 1, 2015. Since the time to re?nance was quickly approaching, I called Jason Tasley on March 8, 2016. I left several messages for Jason Tasley daily, from March 8, 2016 to April 13, 2016, with no calls returned. I left messages on the customer service voicemail on 4/13/16 where they say the call will be returned within 72 hours. To date, I have not received a call. The payment is now $248 1 did not have a problem contacting anyone before the solar panels were installed. I can only get voicemail on every number I call in an attempt to get assistance with contacting Jason Tasley in order to get this matter resolved. On April 26, 2016, I ?led a complaint with the in Fort Worth, Texas. To date, I have not received any correspondence from them. On April 29, 2016, I contacted Aqua Finance. I was informed that Aqua Finance was not an in house ?nance company af?liated with Global Ef?cient Energy. When I asked about re?nancing, I was informed that they only collect payments, they do not handle re?nancing. The lady I spoke to said Global Ef?cient Energy had gone out of business and gave me the company?s dealer number 502365,300. I have not received any communication from Global Efficient Energy informing me that they are out of Page 2 of3 45121 000077 KEN PAXTON GENHKAI or Complaint Number CGS-10490 Received Date: July 29, 2016 business, nor have 1 received communication written or otherwise, as to what happens regarding the warranty and who will honor that if there are problems with the system. I am now dealing with a substantial debt with a high interest rate. This company presented itself as a strong, successful company that had been in business for many years. I am disabled and on a ?xed income. I purchased this system in an attempt to keep my electricity cost down and trusting what I was told about being able to re?nance the debt. This has cause a great deal of stress for me as well as causing a signi?cant ?nancial hardship. COMPLAINT DETAILS First contact with business: Other Other: I received a phone call from someone saying that they were calling to make an appointment for someone to come to my house regarding helping me with getting my house energy ef?cient. Solicitation in other language: Transaction Place: At home Other: Contract Signed: Yes Amount Requested: $15,900.00 Amount Paid: $15,900.00 Method of Payment: OTHER Payment Subtype: Other Payment Method (Note in Comments) Date of Payment: May 1, 2015 Complained to Business: Yes Date of Complaint: March 8, 2016 Business Response: All attempts to speak to the individual or anyone with the business has been unsuccessful. I have left many voicemail messages to no avail. Contacted Another Agency or Private Attorney: Yes Name and Address of Agency: Better Business Bureau in Fort Worth, TX Action Taken by Attorney: None COMPLAINT INFORMATION CGS Analyst: CPD Region: Dallas Complaint Source: Web Page 3 01:3 45121 000078 EXHIBIT Consumer Protection Division Complaint Form Report Today?s Date: 12:56 Attornev General of Texas Date Filed: 11,17,201: Complaint: 460050 Consumer's Information: Name: Burgess. Glenda Home Phone: Address: 5208 Welbeck Court Work Phone: EXT: Age: 65 orOver City. State, Zip: Garland, TX 75043 Support documents will be sent: Yes County: United States Business or individual compl_aint is filed aqainst: Business: Solar City Phone: (888)765-2589 Address: 10430 Shady Trail #103 Contact Person: To whom it may concern Website: City, State, Zip: Dallas, TX 75220 Email address: County: First Contacted Via: Contract Signed: Yes (other): Original Amount: 0 Solicitation Other Language: Amount Paid: 0 Where transaction took place: Dallas Payment: Unknown (other): Date Of Payment: Transaction Dates: Complained to Business: Yes If so, when? September 18, 2014 Business Response? this will all be explained in the attached ?les Have you contacted another agency or attorney about this complaint? Yes Name and Address of agency or attorney? What action was taken by this agency or attorney? Descrigtion Of Complaint: I began speaking with Solar City on Feb 3, 2014 about Solar Panels to be put on my house. The representative told me I would be paying $5-$15Imo for electricity plus a $75 lease payment to Solar City. They asked for copies of my Reliant Electric Company Bills which were provided but NO ONE EVER told me had to inform Reliant about a "Buy Back Program? for credit for the unused portion of the energy generated from my solar panels. The panels were installed in June 2014 and turned on July 5, 2014. I has a $123 bill in August (NO $116 in Sept (AGAIN NO CREDIT) and called them on Sept. 17 to which I was told they do not contact my electric company. They only have 2 companies they inform and Reliant was not one of them. I was utterly ?abbergasted when Kara told me this. On Sept 18 I called Reliant and they told me it would take 2 - 3 billing cycles to get the papenrvork done for it to show on my bill and that they just read my meter on Sept 15th. I called back Kara at Solar City and told them what Reliant said. Now I had already paid my Sept lease bill for Solar City but I informed them that their representative was negligent by not informing me that had to contact Reliant. They had copies of my bills so they knew that I used Reliant and since it was not one of the companies they inform. The company/representative somehow forgot to explain this little fact to the customer Therefore I was not receiving my credit for the extra solar energy. Why would I sign up for something that would cost me more money every month? I am a 65 year old woman that lives on Social Security and a part-time job! I live on a budget and that did not include paying another $75 in solar lease payments plus my regular electric bills. I may be old but not stupid! Page 2 of 3 45121 000158 Consumer Protection Division Complaint Form Report Today's Date: 09I1312016 12:56 They also told me back in March when signed up that I would receive a bonus check of $462 about 2 - 3 weeks after my system was turned on. I had to call, email and ?nally ?le a complaint about this check as well as compensation for the loss of the "Buy Back Program" credits due me. I have also spend hours on phone calls. emails. many hours of sleepless nights worrying how I am going to pay my huge Reliant Bills because they were supposed to be $5 - $15 not $116 - $123 and then pay the $75.93 lease payments on top. Katie from the company told me that two check were cut and in the mail. One for $462 and the other one for over $400 for the back credits due me and the stress that endured over this whole ?asco. I told her I hadn't received any checks and they she had the audacity to tell me that they might have been sent to the wrong address. That is funny since I told her that apparently the billing department has my correct address because I surely get them! Since then I have received the check for $462 for the bonus for signing with Solar City but the other check still has not been received. They lied to me because the other check was never sent. They are not trying to negotiate the amount to $150 instead of over $400 check that Katie told me was going to receive - which of course she denies she ever said. I am sick of arguing with this company. They can pay me the $400 that they said they would pay me and I will send them the Oct and Nov lease payments or they can come take down the solar panels and I will go with a "reputable" company in my area. Page 3 of 3 45121 000159 EXHIBIT Complaint Number CGS-10267 CONSUMER INFORMATION Primary Consumer: aneth Coleman Secondary Consumers: Consumer Contact Person: Kyle Smith RESPONDENT INFORMATION Primary Respondent: Visionsolar Secondary Respondents: Respondent Contact Person: Kyle Smith COMPLAINT SUMMARY Sir/Ma?am A9 KEN PAXTON GENERAI 01? Received Date: July 27, 2016 Consumer Address: 9622 Liberty Sound Converse, TX 78109 Bexar County United States Consumer Contact Information: Home: (210) 363-2043 Work: (210) 395-7497 Respondent Address: 5255 Edgewood Dr #125 Provo, UT 84604 United States Respondent Contact Information: Work: (888) 781-7074 Email: ksmith@visionsolar.com My name is aneth Coleman I work for United States Air at Lackland AFB On June 6 2016 Mr. Sam Fernandez Told me about the saving I will have if I got the Solar Panels at my new house on 9622 Liberty Sound TX 78109. I was told that for the next 5 years I could claim the panels for income tax credit for her taxes. I told them the 8 of June to stop everything with the installation, on the 15 of June I called and told Ms. Sadleir to STOP everything because, no one could give me clear answers. I was told not to worry that everything was going to be clear. I called the company more than 20 times, Ms. Alex Sadleir can agree to it. The sales person Sam Fernandez has a video where their boss said to tell the customers they can claim the rebates every year. Page 1 of3 45121 000037 KEN PAXTON Ol- Complaint Number COS-10267 Received Date: July 27, 2016 Now Mr. Kyle Smith telling me that it is my problem ifI was misinformation by their company, Mr. Smith, also mention that I will have to pay the cancellation even though I been asking to cancel and stop everything since the 8 of June 2 days after I signed the paperwork. I have e-mails that show the wrong amount and I can also give proof that I called many times since the ?rst paper I signed because they keeping sending me the wrong amount, because the number were not clear. For more than 30 days they keep telling me not to worry that they will talk with Mr. Fernandez and now Mr. Smith is telling me that he does not care that his company misinformation I and that I signed and I have to pay. I called CPS and they said that this company was not telling me the true. I hope with this e-mail that someone guide me or help me with this issue. I requested the name of the CIO. However, Mr. Smith said that his boss will not take my calls and that he was the one with the ?nal decision and his decision was that I will pay them. I also mention that I will go with the local news and the Attorney General on Texas to ?nd a solution to this matter. All that I?m asking if for the company to own it promises to the customer. I was promises that I was going to get the Government rebates and that that payment could be applied to my loan of 13,500 why they are not keeping what they promise? Mr. Fernandez has a copy of the contract when he explain it to me as well as a recording of his boss telling him that the customers could get the rebates to pay for the solar panels. I try to get help with Vision Solar company many times and talked with about 15 people and everyone said they will look into. When Mr. Fernandez told me about the great savings and that I could claim the rebates I was thinking it was great deal, I ask my Daughter and my friend to signed up with this company but when I saw all the issues I told my daughter and my friend to stop anything until I was clear but because nothing is clear she called Mr. Smith to cancelled and he said it was not problem that it was ok for her to cancelled the contract. but now he is going back on his word saying that my daughter may need to pay a cancelling something she don't have because of all the confusion with my account. was well. HOPE SOMEONE WITH HELP ME ON THIS MATTER. IF YOU HAVE ANY QUESTIONS PLEASE Page 2 of3 45121 000038 (ihNhRAl 01? Complaint Number CGS-10267 CONTANT ME AT 210-363-2043 OR 210-395-7497 COMPLAINT DETAILS First contact with business: Person came to my home Other: Solicitation in other language: Transaction Place: At home Other: Contract Signed: Yes Amount Requested: $13,500.00 Amount Paid: $0.00 Method of Payment: OTHER Received Date: July 27, 2016 Payment Subtype: Other Payment Method (Note in Comments) Date of Payment: July 6, 2016 Complained to Business: Yes Date of Complaint: June 17, 2016 Business Response: Not until now on 7-27-16. They are telling me that it is my problem and I signed a contract I will pay them. Contacted Another Agency or Private Attorney: Yes Name and Address of Agency: Called CPS and I'm getting ready to call the local news. Action Taken by Attorney: they said to write to you. COMPLAINT INFORMATION CGS Analyst: CPD Region: San Antonio Complaint Source: Web Page 3 0f3 45121000039 The Authoritative Copy of this record is held at na2.docusi SOLAR ENERGY SYSTEM LONG-TERM LOAN AGREEMENT AND PROMISSORY NOTE NONNEGOTIABLE CONSUMER NOTE Loan Number: Date: 6/9/2016 Janeth Coleman 9622 Liberty Sound, Converse, TX 78109 Borrower: Name Address 9622 Liberty Sound, Converse. TX 78109 Co-Borrower: Name Address DEFINITIONS: As used in this Long-Term Loan Agreement and Promissory Note ?you" and ?your" mean Borrower and any Co-Borrower, and ?us" and ?our" mean Technology Credit Union and any subsequent holder of this Note. "Contractor" means Vision Solar. ?Loan" means the loan evidenced by this Note (this ?Note"). You are purchasing a solar energy system (the "System"), which includes solar panels, inverters and other readily detachable equipment (collectively, ?Equipment"). TRUTH IN LENDING ACT DISCLOSURES ANNUAL PERCENTAGE FINANCE CHARGE Amount Financed Total of Payments RATE The cost of your credit as a The dollar amount the The OI credit The amount YOU have yearly rate credit will cost you PTO lat Il- 4 0" our paid a? you have made behalf all scheduled payments $2,610.48 $13,650.00 $16,260.48 Payment Schedule You must make 144 payments of $112.92. We estimate that your ?rst payment will be due on August 5, 2016 and the final payment will be due on July 5, 2028. Late Fee: If any part of a ?ant .. nc re than ten days late. we will charge you a late fee equal to 5% of the scheduled payment or $25. whichever is greater. Security Interest: You are giving us a security interest in the Equipment. Prepayment: It you pay this loan early. you will not have to pay a penalty. Contract Reference: I. remainder of this Note for any additional information about nonpayment, default, our right to accelerate maturity 0' this Note and prepayment rebates and penalties. means an ?am? 0F AMOUNT FINANCED Amount Financeleross Amount Due to Contractor $13,650.00 THE ARBITRATION PROVISION ATTACHED AS EXHIBIT A WILL HAVE A SUBSTANTIAL IMPACT ON YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND US OR BETWEEN YOU AND CONTRACTOR. FOR EXAMPLE, WE (OR CONTRACTOR) MAY REQUIRE YOU TO ARBITRATE ANY CLAIM YOU INITIATE. IF SO, YOU WILL NOT HAVE THE RIGHT TO A JURY TRIAL OR THE RIGHT TO PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. CT RESIDENTS: THIS INSTRUMENT IS BASED UPON A HOME SOLICITATION SALE, WHICH SALE IS SUBJECT TO THE PROVISIONS OF THE HOME SOLICITATION SALES ACT. THIS INSTRUMENT IS NOT NEGOTIABLE. IA RESIDENTS: THIS IS A CONSUMER CREDIT TRANSACTION. DMEAST #22476688 v24 Page 1 ul14 45121 000041 I LI IVUM IU. dd!" I The Authoritative Copy of this record is heid at na2.docusi IA RESIDENTS: NOTICE TO CONSUMER: 1. DO not sign this Note before you read it. 2. You are entitled to a copy of this Note. 3. You may prepay the unpaid balance at any time without penalty and may be entitled to receive a refund of unearned charges in accordance with law. BY SIGNING BELOW. YOU AGREE TO THE TERMS OF THIS NOTE, INCLUDING THE ADDITIONAL TERMS AND CONDITIONS BELOW AND THE ATTACHED ARBITRATION PROVISION. BY CONSIDERING YOUR APPLICATION FOR THE LOAN, WE AGREE TO THE TERMS OF THIS NOTE. YOU SPECIFICALLY AND SEPARATELY AGREE THAT WE MAY REMOTELY DISABLE THE FUNCTIONING OF THE SYSTEM IF THERE IS A DEFAULT, AS DESCRIBED IN THE DEFAULT SECTION OF THE ADDITIONAL TERMS AND CONDITIONS. YOU ACKNOWLEDGE THAT, BEFORE SIGNING THIS NOTE, YOU RECEIVED A LEGIBLE, SIGNED. DATED AND COMPLETELY FILLED-IN COPY OF THIS NOTE RI RESIDENTS: Notice to Buyer: (1) Do not sign this agreement if any of the spaces Intended for the agreed terms to the extent of then available information are left blank. (2) You are entitled to a copy of this agreement at the time you sign it. (3) You may at any time pay off the full, unpaid balance due under this agreement and in so doing you may be entitled to receive a partial rebate of the ?nance and insurance charges. (4) The seller has no right to unlawfully enter your premises or commit any breach of the peace to repossess goods purchased under this agreement. (5) You may cancel this agreement if it has not been signed at the main Office or a branch office of the seller, provided you notif me seller at his or her main Office or branch of?ce shown in the agreement by gistered or certified mail. that shall be posted not later than midnight of the third calendar day after the day on which the buyer signs the agreement, excluding Sunday and any holiday on which regular mail NOTICE TO WI RESIDENTS: (A) DO NOT SIGN THIS BEFORE YOU READ THE WRITING ON THE REVERSE SIDE, EVEN IF OTHERWISE ADVISED. (B) DO NOT SIGN THIS iF IT CONTAINS ANY BLANK . CES. (C) YOU ARE ENTITLED TO AN ACT COPY OF ANY . REEMENT YOU SIGN. (D, YOU HAVE THE RIGHT AT ANY TIMF TO PAY IN THE UNPAID BALANCE DUE UNDER THIS AGREEMENT AND YOU MAY BE ENTITLED TO A PARTIAL REFUND (INCLUDING THE ATTACHMENTS). deliveries are not made. See the attached OF THE FINANCE notice of cancellation form for an explanation CHARGE. of buyer's rights. r?Docuslgnedhy: Borrower MWW WE CO-Borrower: Date: 6f9/2016 L'??mman YOU, .R. MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS AFTER THE DATE OF THIS TRANSACTION. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT. DMEAST #22476688 v24 PageZDiM 45121 000042 UUDUOIQII EIIVUIUPU IIJ. OOFOODI The Authoritative copy Of this record is held at naz.dOCUSi ADDITIONAL TERMS AND CONDITIONS (If this is an Updated Note (see below), these Additional Terms and Conditions are identical to the Additional Terms and Conditions in your original Note. See the paragraph below titled REPLACEMENT OF THIS NOTE DUE TO SITE ADVANCES TO FINANCE SYSTEM CONDITIONAL APPROVAL: You have entered into an agreement with Contractor (the ?Contractor Agreement") for Contractor to sell you and install the System at your address as set forth on page 1 of this Note (the ?Residence"), subject to your receipt of all necessary financing. We have granted you conditional approval for a portion of the necessary financing under this Note. Our final approval, and our funding of the Loan, are subject to our review and approval of: (1) a recorded telephone call to confirm your understanding of certain matters relating to the System and the Loan; and (2) the original document package assembled by Contractor, including the Contractor Agreement, your application for credit (the "Application") and this Note. Our final review and funding are also subject to Contractor's receipt from you and third parties of any and all other amounts to which it is entitled under the Contractor Agreement. Unless our review of the telephone call or the Application reveals a problem. we will provide our final credit decision within two (2) weeks, at most, after the date of this Note. PROMISE TO PAY: If the System is installed to your satisfaction and connected to the power grid operated by your utility system (the and if you receive permission from the Utility to operate the System, you agree to pay the Amount Financed, together with interest on the unpaid balance of the Amount Financed from time to time commencing on the date of the initial payment made by us to Contractor under this Note (the ?Initial Disbursal Date?) a ending on the date of payment in full. Interest is charged at a Daily Rate of 0.00819178% (which corresponds to an annual rate of The Amount Financed and your payment amount are shown on the Payment Schedule included in the TILA Disclosures unless they are reduced based on the Site Audit (de?ned below). See the section of this Note captioned REPLACEMENT OR MODIFICATION OF THIS NOTE DUE TO SITE Payments will be due on the same day of each month, commencing approximately one month after the substantial completion date for the System. However, if the first payment is due on the last day of A month, all payments will be due on the last day of each month. Also, payments otherwise due on a non-business day will be due on the next business day. On the date of your final required payment (the ?Maturity Date"), any ..:paid balance under this Note will be payable in full. The final required payment will likely vary somewhat from prior required payments (and the estimated amount in the TILA Disclosures) due to, among other things, any payments not a. 5. ad ent date. the differing of months, and anniversaries of the initial payment date that fall on days that are not business days. PREPAYMENT: You may ?t the unpaid Amount Fin' nced in whole or in part at any time without penalty. Unless we othemrise agree, a partial prepayment will not reduce subsequent payments until the Loan is paid in full. POSSIBLE REPLACEMENT OR MODIFICATION OF THIS NOTE DUE TO SITE AUDIT: This Note may be executed prior to the ti tha 'ontr" tor has completed a full site audit of the Residence (?Site Audit"). The Site Audit may reveal that changes to the proposed System are necessary or desirable. These changes may increase or decrease the cost of the System. If the System cost reduced, we will proportionately reduce the Amount Financed under this Note and each payment under thir Note. If the System cost is increased, you may elect to pay the cost difference to Contractor in cash or through sort other financing and keep this Note in force. Alternatively, you may elect to cancel this Note by giving us written notice of cancellation. If you cancel this Note, you may apply to us for a larger loan. Subject to receipt of credi. approval, you will be offered the opportunity to enter into a new loan agreement and promissory note to reflect the increased loan amounts (an ?Updated Note?). If you and we enter into an Updated Note, the Updated Note (and not this Note) will govern. GRANT OF SECURITY MAINTENANCE OF PROPERTY AND ACCESS: You represent that you are the sole owner(s) of the Residence. You hereby grant us a first priority purchase-money security interest in, and assign to us as collateral under this Note the Equipment, including any modifications, attachments, improvements, revisions and/or additions thereto, and all proceeds and revenues resulting from the foregoing (the ?Collateral"). You will sign and deliver to us any document that is or may be required to perfect our security interest in the Collateral. Except for Delaware, Illinois and residents and except where prohibited by applicable law, you irrevocably appoint us as your attorney-in-fact to sign, file and/or record any such document on your behalf. You and we agree that the Equipment is not difficult to remove from the Residence and that it is not intended to be a fixture or to become a permanent part of the Residence. You agree that you will not make the Equipment a permanent part of the Residence unless and until you ?rst pay all amounts outstanding under this Note. Accordingly, you agree that our security interest is a security interest in personal property and not a security interest in real property. However, you agree that we may make a ?xture filing. if we choose, out of an abundance of caution, provided that you and we agree that we may enforce rights in the Equipment under the Uniform Commercial Code and not under state real estate or mortgage law. DMEAST #22476688 v24 Page 3 of 14 45121 000043 UUbUOlgll EIIVBIUPU llJ. OOFDODI The Authoritative copy Of this record iS held at naz.docu5i You agree to maintain the System in good operating condition and will not remove the System from the Residence without our prior written approval. In order to protect our interest in the Collateral, you agree that we shall have the right, but not the obligation, to monitor performance of the System. both directly and remotely, and to undertake servicing and maintenance of the System, directly or through third parties, including Contractor. You will allow us to remotely monitor System performance and we will have the right to use any monitoring information we obtain and to disclose such information to affiliated or unaffiliated third parties for any purpose, provided that we will not disclose any personally identi?able monitoring information to any unaffiliated third party for any purpose other than to facilitate maintenance or repair of the System or to enforce our rights under this Note. Upon any event of default and after we give you any notice and right to cure required by applicable law, and/or to the extent necessary to perform any maintenance we elect to perform, you grant us and our agents, employees and contractors a non-exclusive right to access the Residence, as necessary or convenient to enforce our rights under this Note, including to access, disable and/or remove the System or make any necessary modifications to the System. We will provide you with reasonable notice of our need to access the Residence prior to doing so, which notice may be by an email or recorded telephone message. You will ensure that our access rights are preserved and will not interfere with or allow any third party to interfere with such rights or access. So long as any amounts remain unpaid under this Note, you agree to: (1) ensure that any modifications, attachments. improvements, revisions and/or additions to the System are made solely by qualified and properly licensed contractors; (2) execute and deliver any interconnection agreement required by your local electrical distrib ..or system; (3) notify us upon discovery of damage, malfunction or theft of the System; and (4) use the Syste '1 I rimarily for personal, family or household purposes. MONITORING AND MAINTENANCE: You understand that you are solely responsible for proper maintenance and Operation of the System. However, in our absolute discretion. we may elect voluntarily to provide you, directly or through contractors of our choice, including Contractor, System monitoring and maintenance services, a help line to address System performance issues and/or referrals to qualified maintenance and repair companies or personn I. Notwithstanding any language in this Note, any other document provided to you or any statement made to you, excepting only any separate warranty we give you, we have no obligation to provide (or continue to provide) such services to you. FEES: If any part of a payment is more than ten days late, we will charge you a la? fee equal to 5% of the scheduled payment or $25, whichever is greater. If any ve n. ned paid for insufficient funds, you will be charged a returned check fee of $20. COMPLETION CERTIFICATE: Upon th. System is installed to your reasonable satisfaction and becomes operational'mpletion Certificate certifying to such installation and operation. EVENTS 0F DEF ULT: Subject to applicabte law, you will be in default under this Note upon the occurrence of any of the following eve .0: (1) you fai to make any payment under this Note in full within ten (10) days after the payment due date; (2) you fail to perform or violate any material obligation in this Note; (3) any representation or warranty made by you in this Note or any statement made by you in the Application proves to have been false or misleading in any material respect when m: \u . to dvise us of any material adverse development in your creditworthiness from the time of the Application to the date of this Note; (5) you violate any law or utility system requirement in connection with the System, including operation of the System prior to receipt of permission from the Utility to operate the System and connect it to the Utility's electrical grid; (6) you take any action or fail to take any action resulting in a termination of any manufacturer or Contractor warranties in connection with the System; (7) you attempt to assign or transfer this Note, or you sell or vacate the Residence, without our prior written consent, except as permitted under the caption HOME (8) any party, including a lender that has made or subsequently makes any loan secured by the Residence, asserts that it has rights in the Collateral that are superior to our rights in the Collateral; (9) your estate fails to acknowledge its obligations under this Note upon our request after your death, in a written document acceptable to us in our reasonable discretion; (10) you make an assignment or any general arrangement for the benefit of creditors; have a liquidator. administrator, receiver, trustee, conservator or similar official appointed for you or your property, file a petition or otherwise commence, authorize or acquiesce in the commencement of a proceeding or cause of action under any bankruptcy or similar law for the protection of creditors, or have such a petition filed against you and such petition is not withdrawn or dismissed for twenty (20) business days after such filing; or (11) you otherwise become bankrupt or insolvent (however evidenced); or are unable to pay your debts as they fall due. Despite the foregoing, if the Residence is in Massachusetts, you will only be in default if you fail to make any payment under this Note in full within ten (10) days after the payment due date or we reasonably believe the value of the Collateral has been impaired. If required by applicable law, we will only consider you in default for other than non-payment if the prospect of your payment, performance or our realization of the Collateral is significantly impaired. DEFAULT REMEDIES: Subject to applicable law (including any notice, cure and/or redemption rights provided by applicable law), upon any default, we may: (1) declare immediately due and payable the entire unpaid balance of the Amount Financed, plus accrued and unpaid interest and any other amounts lawfully due hereunder (or choose not to ?accelerate" this Note in such manner); (2) remotely disable the functioning of the System, whether or not we then attempt to remove the Equipment; (3) enter upon the Residence and disable and/or remove the Equipment (or DMEAST #22476688 v24 Page 4 of 14 45121 000044 EIIVUIUPU llJ. DOFOODI The Authoritative copy Of this record is held at n32 leave the System in place); (4) sell or othenrvise dispose of any Equipment (or defer disposing of the Equipment); (5) initiate a collection action against you; (6) recover our costs of repossession, storage and collection; and (7) exercise any other rights provided by this Note or applicable law. If the Residence is in Connecticut, before remotely disabling the functioning of the System, we will give you at least 15 days? advance written notice of our intent to do so. The notice will describe the default we believe entitles us to remotely disable the functioning of the System and will include the name, title, address and telephone number of a person with whom you may communicate about our security interest. Except as prohibited by applicable law, interest will continue to accrue after maturity or acceleration of this Note (and after any judgment) at the Daily Rate. Any waiver of our rights must be in writing, and any waiver of any default will not constitute a waiver of any subsequent or continuing default. FEES: Subject to applicable law and any limits specified in the Notices section of this Note, in the event we obtain a judgment against you after an event of default involving a payment delinquency of at least ten days, you agree to pay our reasonable attorney?s fees that are paid to an attorney who is not our employee and that are incurred in the collection of this Note. HOME SALE: If you sell the Residence, either you or the purchaser of the Residence (the "Purchaser") may pay off the Loan. Or, you may instead transfer this Note to the Purchaser if (and only if) the Purchaser meets our transfer criteria and signs an instrument. in a form we provide, agreeing to be bound by your obligations under this Note. We may establish and modify transfer criteria from time to time in light of interest rate a .. marke. onditions and such other factors as we deem relevant. You may not transfer this Note to any person other than a Purchaser of the Residence. We may transfer or assign this Note and/or any of our rights or obligations, an such transfer or shall not result in any changes to your rights and obligations under this Note. ENTIRE AGREEMENT: This Note constitutes the entire agreement of the parties relating to the Loan. This Note replaces any earlier contract of a similar nature. No oral modification is valid. NOTICE AND CURE: Prior to initiating a lawsuit or arbitration regarding a legal dispute or clair' relating in any way to this Note, the System, the Collateral or the work performed by Contractor (as more fully defin" in the Arbitration Provision, a ?Claim"), the party asserting the Claim (the ?Complaining Party") shall give the other party (the "Defending Party?) written notice of the Claim (a ?Claim Notice") and a asonable opportunity, not less than 30 days, to resolve the Claim. If we are the Complaining Party, we will send the Claim Notice to you at your address appearing in our records or, if you are known to be represented by an attorney, to your torney at his or her office address. A Claim Notice to you may be in the form of a collection letter. Any Claim Notice to us shall be sent by certified ail, return receipt requested, to P.Q, Box 1,409 San MW (such address, or any subsequent address we give you notice of, the ?Notice Address"), Attn: Claim Notice. We will credit or reimburse you for the documented cost of the certified mail. Any Claim Notice you send must provide your name, mailing address and telephone number. Any Claim Notice must explain the nature of the Claim and the relief that is demanded. The Complaining Party must reasonably cooperate in providing any information about the Claim that the Defending Party reasonably requests. CREDIT REPORTING: Yc. authorize us to make inquiries concerning your credit history and standing. We may report information about your performance under this Note to credit bureaus (and other parties). As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if yo" ail to fulfill the terms of your credit. Late payments, missed payments or other defaults on thi ?Iote may reflected in your credit report. If you believe that any information about this Note that we have furnished to a r" sumer reporting agency is inaccurate, or if you believe that you have been the victim of identity theft in connection with any Note made by us, write to us at the Notice Address, Attn: Reporting Error. In your letter: (1) provide your n'me, mailing address and phone number; (2) identify the speci?c information that is being disputed; (3) explain the basis for the dispute; and (4) provide any supporting documentation you have that substantiates the basis of the dispute. If you believe that you have been the victim of identity theft, submit an identity theft affidavit or identity theft report. TRUTHFULNESS OF APPLICATION: You represent that every statement made in the Application is true, complete and correct and that you are at least 18 years of age. TELEPHONE RECORDINGS: You understand and agree that we may monitor and/or record any of your phone conversations with any of our representatives. However, we are not required to monitor and/or record any such conversations. CONTACTING PHONE AND TEXT MESSAGES. To the extent permitted by applicable law, you authorize us and our af?liates, agents, assigns and service providers (collectively, the ?Messaging Parties") to contact you using automatic telephone dialing systems, artificial or prerecorded voice message systems, text messaging systems and automated email systems in order to provide you with information about this Note, including information about upcoming payment due dates, missed payments and returned payments. You authorize the Messaging Parties to make such contacts using any telephone numbers (including wireless, landline and VOIP numbers) or email addresses you supply to the Messaging Parties in connection with the Application, the Messaging Parties' servicing and/or collection of amounts you owe under this Note or any other matter. You understand that anyone with access to your telephone or email account may listen to or DMEAST #22476688 v24 Page 5 of 14 45121 000045 EIIVUIUPU IIJ. The Authoritative Copy Of this record is held at read the messages the Messaging Parties leave or send you, and you agree that the Messaging Parties will have no liability for anyone accessing such messages. You further understand that, when you receive a telephone call. text message or email, you may incur a charge from the company that provides you with telecommunications, wireless and/or Internet services, and you agree that the Messaging Parties will have no liability for such charges except to the extent required by applicable law. You expressly authorize the Messaging Parties to monitor and record your calls with the Messaging Parties. You understand that, at any time, you may withdraw your consent to receive text messages and calls to your cell phone or to receive artificial or prerecorded voice message system calls by calling the Messaging Parties at 855-326-9784. To stop text messages, you can also simply reply to any text message the Messaging Parties send you. To stop emails, you can follow the opt-out instructions included at the bottom of the Messaging Parties' emails. WAIVER OF RIGHT TO TRIAL BY JURY: YOU AND WE ACKNOWLEDGE THAT THE RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL RIGHT BUT MAY BE WAIVED IN CERTAIN CIRCUMSTANCES. TO THE EXTENT PERMITTED BY LAW, YOU AND WE KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO TRIAL BY JURY IN THE EVENT OF LITIGATION ARISING OUT OF OR RELATED TO THIS CONTRACT. THIS JURY TRIAL WAIVER SHALL NOT AFFECT OR BE INTERPRETED AS MODIFYING IN ANY FASHION ANY ARBITRATION PROVISION TO WHICH YOU AND WE ARE SUBJECT. WHICH CONTAINS ITS OWN SEPARATE JURY TRIAL WAIVER. PAYMENT OF DISPUTED BALANCE: If you wish to make payment in satisfaction of a disput .. Di. lance, you must send it to us at the Notice Address, Atln: Disputed Balance, together with a letter of explanation. WI. r. ay deposit any such payment without such deposit constituting a satisfaction of the disputed balance. BANKRUPTCY: You represent that you are not contemplating bankruptcy .u that you have not consulted with an attorney regarding bankruptcy in the past six months. Any communication .th us required or permitted under the Federal Bankruptcy Code must be in writing, must include your Loan number. ..rd must be sent to us at the Notir' Address, Atln: Bankruptcy Notice. GOVERNING LAW: This Note shall be governed by federal law and, if and to the extent state law applies, the substantive laws of the state where the Residence is located. NOTICES: If the Residence is in? Arizgna: NOTICE TO BUYER 1. Do no sign this agreement if any of spaces intended for the agreed terms to the extent of then available information 2.. (o titled to a copy of this agreement at the time you sign it. 3. You may pay off the full unpaid balance due under this agreement at any time, and in so doing you shall be entitled to a full rebate of the unearned finance and insurance charges. 4. You may cancel this agreement any time prior to midnight of the third business day after the date of this transaction. See the attached notice of cancellation form for an explanation of this right. 5. It shall not be legal for the seller to enter your premises unlawfully or commit any breach of the peace to repossess goods purchased under this agreement. gem: Yo obligation for attorneys' es will be limited to 15% of the amount due and payable on this Note when .efe this Note an attorney for llection (or 15% of the amount of any judgment we obtain if the cash price of the Equip ent ceeds . 000). 5mg; Columbia: (1) Your obligation for attorneys' fees will not exceed 10% of the amount found due in a foreclosure proceeding if the amount financed is $25,000 or less and the interest rate is greater than 6% per annum, or 15% of the unpaid balance for all other loans. (2) If this agreement was solicited at or near your residence and you do not want the goods cr services. you may cancel this agreement by mailing a notice to the seller. The notice must say that you do not want the goods or services and must be mailed before midnight of the third business day after you signed this agreement. The notice must be mailed to: Technology Credit Union at P0. 1409 San Jose you cancel, the seller may not keep any of your cash down payment. Illingisz If we pledge this Note as security for an obligation we incur, the following applies: This instrument is non- negotiable in form but may be pledged as collateral security. If so pledged, any payment made to the payee, either of principal or of interest, upon the debt evidenced by this obligation, shall be considered and construed as a payment on this instrument, the same as though it were still in the possession and under the control of the payee named herein; and the pledgee holding this instrument as collateral security hereby makes said payee its agent to accept and receive payments hereon. either of principal or of interest. Iowa: You will not be required to pay attorneys? fees. MW: (1) We elect that the applicable state law is Subtitle 10 (Credit Grantor Closed End Credit provisions) of Title 12 of the Maryland Commercial Law Article. (2) We may repossess the Equipment with or without resort to legal process. Massaghgse?s [or mu live in Massachuse?sl: Massachusetts law prohibits discrimination based upon sex, gender identity, marital status, age. or sexual orientation. DM EAST #22476688 v24 Page 6 of 14 451 21 000046 EIIVUIUPU llJ. The Authoritative Copy Of this record is held at New Hempehire: If you prevail in any action. suit or proceeding we bring or in an action you bring, reasonable attorneys? fees shall be awarded to you. and if you successfully assert a partial defense, setofl, recoupment or counterclaim to an action brought by us. the court may withhold from us the entire amount or such portion of the attorneys' fees as the court deems appropriate. New Jersey: (1) You agree to pay our reasonable attorney?s fees, up to 20% of outstanding principal and interest, paid in the collection of this Note to an attorney who is not our employee. (2) No provision of this Note is void, unenforceable or inapplicable by virtue of language to the effect that such provision only applies to the extent permitted (or not prohibited) by applicable law. Nerth Qareline: You agree to pay our reasonable attorney?s fees up to 15% of the outstanding balance owing on the Note. the (er you live in thel: (1) You will not be required to pay attorneys' fees. (2) The Ohio laws against discrimination require that all creditors make credit equally available to all credit-worthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with the law. Seem Cereline: Your obligation for attorneys? fees will not exceed 15% of the outstanding principal and interest under this Note. You will not be required to pay attorney's fees. If you are a married Wisconsin resid nt: (1) your signature confirms that the obligation evidenced by this Note is being incurred in the interest of marr age or family. (2) No provision of any marital property agreement, unilateral statement under 7 .1 59 of th Wi consn atutes, or court decree under 766.70 adversely affects our interest unless prior to the time at th Note 5 app ov d, we are furnished with a copy of the marital property agreement. statement. or decree or ha actual kno ledg of the verse provision. MARRIED WISCONSIN RESIDENTS MUST FURNISH THEIR AME ND THEIR SPOU '5 NAME AND ADDRESS TO TECHNOLOGY CREDIT UNION AT P.O. BOX 1409 SAN .108 CA 9 109 (800-553-0880). MISCELLANEOUS: Any provision of this that found be inv lid under applicable law shall be invalid only with respect to the offending provision and only to the exte of th invalidity wever, notwithstanding any provision of this Note to the contrary, if any law ap .cable to this Note is a -.nterpreted so that the interest or other fees and charges collected or to be collected in connection with this Note exce the legally permitted limit, then any such interest, fee or charge shall be reduced "mom. necessary to comply ith the maximum permitted limit and any amounts above such limit already collected will be credited or refunded to you. If more than one person signs this Note as Borrower or Borrower, your rights and obligations shall be joint and several, and each of you shall be personally liable for all amounts due under this Note. Singular words shall be construed in the plural, and plural in the singular, as their context may require, or as required to give effect to the terms of this Note. This Note may be executed electronically or manually. If executed manually, this Note may be executed in counterparts, which will together constitute a single agreement. Any copy of this Note (including a my printed from an image of this Note that has been stored electronically) may be introduced into evidence in any legal proceeding. IMPACT OF SECURITY INTEREST ON POTENTIAL HOME MORTGAGE: We believe that our security interest in the Equipment should take priority over any mortgage on the Residence, whether such mortgage is granted before or after the date of thi' Note. It is possible that a lender considering making a loan secured by the Residence, including but not limitgd to a mortgage re?nancing a mortgage now in existence, will deem the Equipment to be part of the Residence and will object to our interest in the Equipment taking priority over its interest in the Residence. Upon request, we will confirm to any mortgage lender that our interest in the Equipment is limited to the Equipment and does not extend to any part of the Residence. However, it is possible that a lender will insist upon repayment of this Note in full before such lender makes a new mortgage loan secured by the Residence. DMEAST #22476688 v24 Page 7 of 14 451 21 000047 UUDUOIQII EIIVUIUPU IU. The Authoritative Copy Of this record IS held at "32 ARBITRATION PROVISION (EXHIBIT A) THIS ARBITRATION PROVISION MAY HAVE A SUBSTANTIAL IMPACT ON THE WAY YOU OR WE WILL RESOLVE ANY CLAIM WHICH YOU OR WE MAY HAVE AGAINST EACH OTHER NOW OR IN THE FUTURE. Effect of Provision. Unless prohibited by applicable law. you and we agree that either party may elect to require arbitration of any Claim under this Provision. Certain De?nitions. As used in this Provision, the following terms have the following meanings: Our "Related Parties" include all our parent companies. subsidiaries and affiliates. as well as the Contractor and Sunlight Financial. LLC (which has provided services to Lender and Contractor in connection with this Note) and their parent companies, subsidiaries and af?liates, and our and their employees. directors. of?cers. shareholders. governors, managers and members. Our "Related Parties also include third parties. such as subcontractors. that you bring a Claim against at the same time you bring a Claim against us or any other Related Party. (ii) ?Claim" means any claim. dispute or controversy between you and us (or any Related Party) that arises from or relates in any way to this Note (including any amendment. modi?cation or extension of this Note), the Contractor Agreement. the work performed by the Contractor or a subcontractor; the System. including maintenance and servicing of the System; the arrangements between and among us. Sunlight and the Contractor; any of our marketing. advertising. solicitations and conduct relating to your request for credit or the System; our collection of any amounts you owe; or our disclosure of or failure to protect any information about you. ?Claim" is to be given the broadest reasonable meaning and includes claims of every kind and nature. including but not limited to. initial claims. counterclaims. cross-claims and third-party claims. and claims based on constitution. statute, regulation. ordinance. common law rule (including rules relating to contracts. torts. negligence. fraud or other intentional wrongs) and equity. It includes disputes that seek relief of any type. including damages and/or injunctive. declaratory or other equitable relief. Despite the foregoing. "Claim" does not include any individual action brought by you in small claims court or your state?s equivalent court. unless such action is transferred. removed. or appealed to a different court. In addition. except as set forth in the immediately following sentence. ?Claim" does not include disputes about the validity. enforceability. coverage or scope of this Provision or any part thereof (including. without limitation. subsections and/or (the "Class Action and Multi-Party Claim Waiver"). the last sentence of subsection and/or this sentence); all such disputes are for a court and not an arbitrator to decide. However. any dispute or argument that concerns the validity or enforceability of this Note as a whole is for the arbitrator. not a court. to decide. ?Claim" also does not include any "self-help remedy" (that is. any steps taken to enforce rights without a determination by a court or arbitrator) or any individual action by you or us to prevent the other party from using any self-help remedy, so long as such self-help remedy or individual judicial action does not involve a request for monetary relief of any kind. ?Proceeding" means any judicial or arbitration proceeding regarding any Claim. ?Complaining Party" means the party who threatens or asserts a Claim in any Proceeding and "Defending Party" means the party who is a subject of any threatened or actual Claim. "Claim Notice? means written notice of a Claim from a Complaining Party to a Defending Party. Arbitration Election; Administrator; Arbitration Rules. A Proceeding may be commenced after the Complaining Party complies with subsection The Complaining Party may commence the Proceeding either as a lawsuit or an arbitration by following the appropriate ?ling procedures for the court or the arbitration administrator selected by the Complaining Party in accordance with this subsection If a lawsuit is ?led. the Defending Party may elect to demand arbitration under this Provision of the Claim(s) asserted in the lawsuit. If the Complaining Party initially asserts a Claim in a lawsuit on an individual basis but then seeks to assert the Claim on a class, representative or multi-party basis. the Defending Party may then elect to demand arbitration. A demand to arbitrate a Claim may be given in papers or motions in a lawsuit. If you demand that we arbitrate a Claim initially brought against you in a lawsuit. your demand will constitute your consent to arbitrate the Claim with the administrator of our choice. even if the administrator we choose does not typically handle arbitration proceedings initiated against consumers. (ii) Any arbitration Proceeding shall be conducted pursuant to this Provision and the applicable rules of the arbitration administrator (the ?Administrator?) in effect at the time the arbitration is commenced. The Administrator will be the American Arbitration Association 1633 Broadway. 10th Floor. New York, NY 10019. JAMS. 620 Eighth Avenue. 34th Floor, New York. NY 10018. or any other company selected by mutual agreement of the parties. If both and JAMS cannot or will not serve and the parties are unable to select an Administrator by mutual consent. the Administrator will be selected by a court. Notwithstanding any language in this Provision to the contrary. no arbitration may be administered. without the consent of all parties to the arbitration. by any Administrator that has in place a formal or informal policy that is inconsistent with the Class Action and Multi?Party Claim Waiver. The arbitrator will be selected under the Administrator's rules. except that the arbitrator must be a lawyer with at least ten years of experience or a retired judge unless the parties agree othenivise. The party initiating an arbitration gets to select the Administrator. Non-Waiver. Even if all parties have elected to litigate a Claim in court. you or we may elect arbitration with respect to any Claim made by a new party or any new Claim asserted in that lawsuit (including a Claim initially asserted on an individual basis but modi?ed to be asserted on a class. representative or multi-party basis). and nothing in that litigation shall constitute a waiver of any rights under this Provision. This Provision will apply to all Claims. even if the facts and circumstances giving rise to the Claims existed before the effective date of this Provision. Location And Costs. The arbitrator may decide that an in-person hearing is unnecessary and that he or she can resolve a Claim based on the papers submitted by the parties and/or through a telephone hearing. However. any arbitration hearing that you attend will take place in a location that is reasonme convenient for you. We will consider any good faith request you make for us to pay the Administrator's or arbitrator?s ?ling. administrative, hearing and/or other fees if you cannot obtain a waiver of such fees from the Administrator and we will not seek or accept reimbursement of any such fees we agree to pay. We will also pay any fees or expenses on EAST #22476688 v24 Page a of 14 45121 000048 EIIVUIUPU llJ. The Authoritative Copy Of this record is held at "32 docusi we are required by law to pay or that we must pay in order for this Provision to be enforced. We will pay the reasonable fees and costs you incur for your attorneys. experts and witnesses if you are the prevailing party in an arbitration Proceeding or if we are required to pay such amounts by applicable law or by the Administrator's rules. The arbitrator shall not limit the attorneys' fees and costs to which you are entitled because your Claim is for a small amount. Notwithstanding any language in this Provision to the contrary. if the arbitrator ?nds that any Claim or defense is frivolous or asserted for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure then the arbitrator may award attorneys' and other fees related to such Claim or defense to the injured party so long as such power does not impair the enforceability of this Provision. No Class Actions Or Similar Proceedings; Special Features Of Arbitration. IF YOU OR WE ELECT TO ARBITRATE A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO: HAVE A COURT OR A JURY DECIDE THE (ii) OBTAIN INFORMATION PRIOR TO THE HEARING TO THE SAME EXTENT THAT YOU OR WE COULD IN PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION, EITHER As A CLASS REPRESENTATIVE, CLASS MEMBER OR CLASS (iv) ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN OR JOIN OR CONSOLIDATE INVOLVING YOU WITH CLAIMS INVOLVING ANY OTHER PERSON. THE RIGHT TO APPEAL ls MORE LIMITED IN ARBITRATION THAN IN COURT. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION. (9) Getting Information. In addition to the parties' rights under the Administrator's rules to obtain information prior to the hearing. either party may ask the arbitrator for more information from the other party. The arbitrator will decide the issue in his or her sole discretion. after allowing the other party the opportunity to object. Effect Of Arbitration Award. Any court with jurisdiction may enter judgment upon the arbitrator's award. The arbitrator's award will be ?nal and binding. except for: any appeal right under the Federal Arbitration Act. 9 U.S.C. et seq. (the and (ii) Claims involving more than $50,000 (including Claims that may reasonably require injunctive relief costing more than $50.000). For Claims involving more than $50.000. any party may appeal the award to a three-arbitrator panel appointed by the administrator. which will reconsider from scratch any aspect of the initial award that is appealed. The panel?s decision will be ?nal and binding. except for any appeal right under the FAA. Costs in connection with any such appeal will be borne in accordance with subsection of this Provision. Governing Law. Your credit purchase of the System involves interstate commerce and this Provision shall be governed by the FAA. and not Federal or state rules of civil procedure or evidence or any state laws that pertain speci?cally to arbitration. The arbitrator is bound by the terms of this Provision. The arbitrator shall follow applicable substantive law to the extent consistent with the FAA. applicable statutes of limitation and applicable privilege rules, and shall be authorized to award all remedies available in an individual lawsuit under applicable substantive law. including. without limitation, compensatory. statutory and punitive damages (which shall be governed by the constitutional standards applicable in judicial proceedings). declaratory. injunctive and other equitable relief. and attorneys' fees and costs. The arbitrator shall issue a reasoned written decision suf?cient to explain the essential ?ndings and conclusions on which the award is based. Survival, Severability. Primacy. In the event of any con?ict or inconsistency between this Provision and the Administrator's rules or the rest of this Note, this Provision will govern. This Provision shall survive the full payment of any amounts due under this Note; any rescission or cancellation of this Note; any exercise of a se"-help remedy; our sale or transfer of this Note or our rights under this Note; any legal proceeding by us to collect a debt owed by you; and your (or our) bankruptcy. If any part of this Provision cannot be enforced. the rest of this Provision will continue to apply. However. if the Class Action and Multi-Party Claim Waiver is declared invalid in a proceeding between you and us. without in any way impairing the right to appeal such decision. this entire Provision (other than this sentence) shall be null and void in such proceeding. Pre-Dispute Resolution Procedure. Before a Complaining Party asserts a Claim in any Proceeding (including as an individual litigant or as a member or representative of any class or proposed class). the Complaining Party shall give the Defending Party: a Claim Notice providing at least 30 days? written notice of the Claim and explaining in reasonable detail the nature of the Claim and any supporting facts; and (ii) a reasonable good faith opportunity to resolve the Claim on an individual basis without the necessity of a Proce ing. If you are the Complaining Party. you must send any Claim Notice to us at PO. Box 1409 San Jose CA 95109 (300-553- QBBQ), Attn: Claim Notice (or such other address as we shall subsequently provide to you). If we are the Complaining Party. we will send the Claim Notice to you at your address appearing in our records or. if you are represented by an attorney. to your attorney at his or her of?ce address. A Claim Notice to you may be in the form of a collection letter. If the Complaining Party and the Defending Party do not reach an agreement to resolve the Claim within 30 days after the Claim Notice is received. the Complaining Party may commence a Proceeding. subject to the terms of this Provision. Neither the Complaining Party nor the Defending Party shall disclose in any Proceeding the amount of any settlement demand made by the Complaining Party or any settlement offer made by the Defending Party until after the arbitrator or court determines the amount. if any. to which the Complaining Party is entitled (before the application of subsection of this Provision). No settlement demand or settlement offer may be used in any Proceeding as evidence or as an admission of any liability or damages. Special Payment. If: you submit a Claim Notice in an arbitration Proceeding on your own behalf (and not on behalf of any other party) and comply with all of the requirements (including timing and con?dentiality requirements) of subsection (ii) we refuse to provide you with the money damages you request; and the arbitrator issues you an award that is greater than the latest money damages you requested at least ten days before the date the arbitrator was selected, then we will pay you the amount of the award or $7.500. whichever is greater. in addition to the attorneys' fees and expenses (including expert witness fees and costs) to which you are otherwise entitled. We encourage you to address all Claims you have in a single Claim Notice and/or a single arbitration. Accordingly. this $7.500 minimum award is a single award that applies to all Claims you have asserted or could have asserted in the arbitration. and multiple awards of $7.500 are not contemplated by this subsection l. DM EAST #22476688 v24 Page 9 of 14 45121 000049 II EIIV ?muwwm? The Authoritative Copy of this record :5 held at na2.docusr NOTICE OF CANCELLATION June 6, 2016 (date) YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE BUSINESS DAYS FROM THE ABOVE DATE. IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT OR SALE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN 10 DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED. IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE SELLER AT YOUR RESIDENCE, IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR SALE, OR YOU MAY, IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE SELLER REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE EXPENSE AND RISK. IF YOU DO MAKE THE GOODS AVAILABLE TO THE SELLER AND THE SELLER DOES NOT PICK THEM UP WITHIN 20 DAYS OF THE DATE OF YOUR NOTICE OF CANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. IF YOU FAIL TO MAKE THE GOODS AVAILABLE TO THE SELLER, OR IF YOU AGREE TO RETURN THE GOODS TO THE 1 ELLER AND FAIL TO DO SO, THEN YOU REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRAC . T0 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 Technology Credit Union (Name of Lender) AT NOT LATER THAN (Address of Lender?s place of business) MIDNIGHT 0F 2016-06?09 date) I HEREBY CANCEL THIS NSACTION. (Date) (Borrower?s Signature) DMEAST #22476688 v24 Page 10 of 14 45121 000050 UUDUOIQII IIJ. The Authoritative copy Of this record is heId at "82 NOTICE OF CANCELLATION June 6, 2016 (date) CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE BUSINESS DAYS FROM THE ABOVE 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 10 DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED. IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE SELLER AT YOUR RESIDENCE IN, SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR SALE, OR YOU MAY, IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE SELLER REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE EXPENSE AND RISK. IF YOU DO MAKE THE GOODS AVAILABLE TO THE SELLER AND THE SELLER DOES NOT PICK THEM UP WITHIN 20 DAYS OF THE DATE OF YOUR NOTICE OF CANCELLATION, YOU MAY RETAIN 0R 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 AND FAIL TO DO SO, THEN YOU REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRAC. TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE, OR ANY OTHER WRITTEN NOTICE, 0R SEND A TELEGRAM, TO Technology Credit Union (Name of Lender) AT WW NOT LATER THAN (Address of Lender's place of business) MIDNIGHT 0F 2016-06-09 date) I HEREBY CANCEL THIS NSACTION. (Date) (Borrower's Signature) DMEAST #22476688 v24 Page 11 of 14 45121 000051 The Authoritative Copy of this record is held at na2.docus' NOTICE TO CO-SIGNER (T raduccr'on en lngt?s Se Requiere Por La Ley) You are being asked to guarantee this debt. Think carefully before you do. If the borrower doesn't pay the debt. you will have to. Be sure you can afford to pay if you have to, and that you want to accept this responsibility. You may have to pay up to the full amount of the debt if the borrower does not pay. You may also have to pay late fees or collection costs, which increase this amount. The creditor can collect this debt from you without first trying to collect from the borrower. The creditor can use the same collection methods against you that can be used against the other Borrower, such as suing you, garnishing your wages, etc. If this debt is ever in default, that fact may become a part of your credit record. This notice is not the contract that makes you liable for the debt. AVISO PARA EL FIADOR (Spanish Translation Required By Law) Se le esta pidiendo que garantice esta deuda. Pi?nselo con cuidado antes de ponerse de acuerdo. Si la persona que ha pedido este pr?stamo no paga la deuda. usted tendra que pagarla. Est? seguro de que usted podra pagar si sea obligado a pagarla de que usted desea aceptar la responsabilidad. Si la persona que ha pedido el pr?stamo no paga la deu 4, es posible que usted tenga que pagar Ia suma total de la deuda, mas los cargos por tardarse en el pago 0 el costo de cobranza, lo cual aumenta el total de esta suma. El acreedor (financiero) puede cobrarle a usted sin. primeramente, tratar de cobrarle al deudor. Los mismos metodos de cobranza que pueden usarse contra el de dot, podran usarse contra usted, tales como presentar una demanda en corte. quitar parte de su sueldo, etc. Si .guna ez no se cumpla con la obligaci?n de pagar esta deuda, se puede incluir esa informaci?n en la historia de cre ito de us ed. Este aviso echa a usted Ia responsabilidad de la deuda. I IF YJJ A . ROWER DOES NOT SI USTED ES UN CO-PRESTATARIO QUE NO RESIDE RESIDE AT THE RES ENCE, YOU ACKNOWLEDGE EN LA RESIDENCIA, USTED RECONOCE QUE. ANTES THAT, BEFORE SIGNING THE NOTE. YOU RECEIVED DE FIRMAR LANOTA, USTED RECIBIO ESTEAVISO. THIS NOTICE TO CO-SIGNER. CO-BOHOWBII Date: DMEAST 1322476638 v24 Page 12 of 14 45121 000052 CIIVUIUPB IU. The Authoritative Copy Of this record is held at "32 NOTICE TO (for each Co-Borrower who does not reside at the Residence identified in the Note described below) You agree to pay the debt identified below although you may not personally receive any property, services, or money. You may be sued for payment although the person who receives the property, sen/ices, or money is able to pay. You should know that the Total of Payments listed below does not include finance charges resulting from delinquency, late charges, repossession or foreclosure costs. court costs or attorney's fees, or other charges that may be stated in the note or contract. You will also have to pay some or all of these costs and charges if the note or contract, the payment of which you are guaranteeing, requires the borrower to pay such costs and charges. if this debt is ever in default, that fact may become a part of your credit record. This notice is not the note. contract, or other writing that obligates you to pay the debt. Read that writing for the exact terms of your obligation. OF YOU MAY HAVE TO PAY Janeth Coleman (Name of Borrower) Technology Credit Union (Name of Creditor) June 6 2016 (Da 9) enVision 12 $16.260.48 (Kind of Debt) (Total of Payments) By signing below. yo have ac nowledge that you have received a completed copy of this notice and of each writing that obligates .n the Bo ow on this debt. Co-signer: Signature Date Co-signer: Signature Date DMEAST #22476688 v24 Page 13 of 14 45121 000053 "my" ?mum": ?mum?rur The Authoritative Copy of this record is held at na2.docusi NOTICE TO CO-SSGNER You are being asked to guarantee this debt. Think carefully before you do. If the borrower doesn't pay the debt, you will have to. Be sure you can afford to pay if you have to, and that you want to accept this responsibility. You may have to pay up to the full amount of the debt if the borrower does not pay. You may also have to pay late fees or collection costs, which increase this amount. The creditor can collect this debt from you without first trying to collect from the borrower. The creditor can use the same collection methods against you that can be used against the other Borrower, such as suing you, etc. If this debt is ever in default, that fact may become a part of your credit record. This notice is not the contract that makes you liable for the debt. IF YOU ARE A CO-BORROWER WHO DOES NOT RESIDE AT THE RESIDENCE. YOU A OWLEDGE THAT, BEFORE SIGNING THE NOTE, YOU RECEIVED THIS NOTICE TO CO-SSGNER. Date: DMEAST #22476688 v24 Page 14 of 14 451 21 000054 Ll IVUIUPU The Authoritative Copy of this record is held at na2.docusi PAYMENT ELECTION We have checked one of the boxes below based on your preference for making payments required on the Solar Energy System Long-Term Loan Agreement and Promissory Note you are signing (the ?Long-Term Note"). However, your choice is voluntary and you may change your mind after reviewing this Payment Election. If you do, we will create a new Payment Election and Note for you to sign. [x Option One?Payment by Preauthorized EFTs: tf this box is checked, you elect to make your Scheduled payments by having us initiate preauthorized electronic fund transfers from your designated deposit account (the ?Account") when your payments are due. YOU MUST PROVIDE A VOIDED CHECK OR FILL OUT THE FIELDS BELOW IN ORDER TO IDENTIFY THE ACCOUNT. We may treat any replacement or substitute deposit account of yours a .ne '1 ccount." You promise us that you are authorized to make payments from the Account. In the . nak~ an error in processing an EFT. you authorize us to initiate an EFT to or from the Acc .ut to correct the error. You agree that we may resubmit up to two times any EFT that is dishonored. we a to respo ISlbIe for bank charges you may incur due to dishonored EFTs. You may cancel ,our election to pay by 3-73 under Option One at any time. To do so, you must notify us, orally or . ?eas bushess days (or such shorter period of time we may require) before the 3.0 duled date of the next payment you would like to make by some other method. Bank Name TransithBAi?Routing Number Account Number Option TWO?Payment by Alternative Method: If this box is checked, you elect NOT to make your scheduled payments by having us initiate preauthorized electronic fund transfers from your designated deposit account. Each month, you must mail a check to us or arrange for payment to be made in some other manner acceptable to us. Terms used in this Payment Election and not otherwise defined are defined in the Long-Term Note. BY SIGNING BELOW, YOU ELECT OPTION ONE OR OPTION TWO AS SET FORTH ABOVE. DocuSignedby: Borrower: MUEMN Date: 6/9/2016 33B25121CAAB4A3 um Iuweri IF YOU HAVE ELECTED OPTION ONE AND HAVE NOT FILLED OUT THE ABOVE ACCOUNT FIELDS, PLEASE PROVIDE A VOIDED CHECK TO THE ACCOUNT. 45121 000040 EXHIBIT DocuSign Envelope ID SOLAR POWER SYSTEM LEASE THIS DOCUMENT DESCRIBES THE TERMS AND CONDITIONS OF YOUR LEASE OF A SOLAR SYSTEM THAT WILL BE INSTALLED AT YOUR PROPERTY BY INSTALLER UNDER A CONTRACT WITH NRG RESIDENTIAL SOLAR SOLUTIONS LLC DATE: Qg_cember 11. 2014 LESSOR: NRG RESIDENTIAL SOLAR SOLUTIONS LLC 1000 N. POST OAK ROAD. SUITE 240. HOUSTON TX 77055 I (P) 713-655-1130 I PROPERTY OWNER: MAILING ADDRESS: 2930 Fieldcrest INSTALLER: Terry Bartel Ln. Toms River. NJ 08755 USA Roof Diagnostics INSTALLATION ADDRESS: 2333 Route 34 2980 Fieldcrest Ln. Toms River. NJ Wall NJ 08736 08755 USA Lease Number: 06?00491 1 708 Description of Leased Solar System The Solar System is a 5.100 KW DC (STC) photovoltaic system. consisting of photovoltaic modules. inverterts). mounting system(s) and monitoring system(s) A. Amount Due at Lease Signing or Delivery: The ?Down Payment': 0.00 Tax on Down Payment: 0.00 First Lease Payment: $65.24 Tax on ?rst Lease Payment: $0 Fee: None. Total ?rst lease payment: $65.24 Total due at Delivery (Production Date): 0.00 8. Lease Payments (taxes not included): Your ?rst Lease Payment in the amount set forth on Exhibit 1 is due on the ?rst day of the month following the Production Date. followed by 239 Lease Payments in the amounts set forth on Exhibit 1. due on the 1? of each month. The total of your Lease Payments is 20,823.60. C. Other Charges (not part of your payment. if any) 5 NIA 5 MIA Total: 5 NIA D. Totaiof Payments: The total amount you will have paid the Lease Term is: 20.823.60. E. Purchase Options: If you are not in default under this Lease. you will have an option to purchase the Solar System at the seventh anniversary of the Production Date and at the expiration of the Lease Term. each at the purchase prices set forth on Exhibit 1. See Section 8.2 of this Lease for more information. F. Other important Terms. See the remaining sections of this Lease for additional on early termination. purchase options and maintenance reSponsibilities. warranties. late and default charges. insurance and any security interest. if applicable. NRG RSS shall. at Its sole discretion. and without your consent or prior notice to you, select and procure the equipment and materials to be used to construct and maintain the Solar System described above. You agree that the Solar System size noted above is an estimate and the actual size may vary from the above description. provided, however. that any variation of such Solar System size shall not materially affect the terms of this Lease. including the Performance Guarantee or Lease Payments. The performance or non-performance by the installer or Its subcontractors of any promise outside the typed words of this Lease will have no bearing on NRG or your obllgations under this Lease. See Sections 3.8 and 3.9. 1 . LEASE 1.1. Lease. This solar power system lease (this 'Lease?) is the agreement between "you" (which inctudes the property owner and any co-owner listed above. together with any estates. heirs. successors and permitted assigns). and NRG Residential Solar Solutions LLC. a Delaware limited liability company (together with Its successors Lease Number: 06-00491 17081-000-JCPAL Version Date: May 2014 45121 000096 DocuSign Envelope ID. and assigns. or ?we? or covering the lease to you of the solar power system described above (the "Solar System?). This Lease includes the following five (5) exhibits: Exhibit 1 shows the Lease Payments due each month during the Term of this Lease. as well as the Prepayment Amount. Exhibit 2 is the notice of cancellation that you must Sign and return according to the instructions therein in order to exercise your statutory right to cancel this Lease; Evhlh? '2 ie a grin-litinnal rinhlc um- mew ham: Insect-1 run this data in Inhir-h 9hr: Rualnm tum hr: inelalla? .I-I -I Ilwi?v -Id- In - do: I -. you?v Exhlbit 4 is the Limited Warranty and Performance Guarantee (as de?ned in Section 2.2 below); and Exhibit 5 shows the ownership of the Environmental Attributes and Incentives (as described in Section 6 below). 1.2. W. The Solar System will be installed by the ?Installer" chosen by NRG RSS (listed above. or NRG RSS may change the Installer by written notice to you) and its subcontractors on NRG behalf at the home and property at the installation address listed above (the The ?Production Date? is the day the Solar System is interconnected with the utility's electrical transmission grid and starts producing power. NRG RSS relies on a written report from Installer to establish the Production Date. NRG RSS will lease the Solar System to you for a period of twenty (20) years from the ?rst day of the month following the Production Date (the Lease's ?Tenn'). NRG RSS will invoice you after the Production Date. 1.3. When this Lease Effggive. This Lease shall not be effective unless and until it is signed by you and by NRG RSS. NRG RSS MAY REJECT THIS LEASE BEFORE SIGNING IT. NRG RSS SHALL HAVE NO OBLIGATIONS UNDER THIS LEASE UNLESS AND UNTIL IT SIGNS THIS LEASE. 2. PAYMENTS 2.1. PM You are responsible for paying the Down Payment as set forth in Box A on Page 1 of this Lease. Mail your check or money order for the Down Payment (if any) to: NRG Residential Solar Solutions Attention Accounts Payable Department FLO. Box 1304 Houston. TX 77251-1304 During the Term of the Lease. you are responsible for making the Lease Payments as set forth on Exhibit 1 Your ?rst payment will be due on the ?rst day of the month following the Production Date. If you elect to make automatic Lease Payments from your checking or savings account for the remaining balance of the Lease Term. then you will receive a credit of forty dollars to your account after three consecutive months of automatic Lease Payments Credit). The Lease Payments listed above do not reflect this ACH Credit. The ACH Credit. if applicable. will be identi?ed on your invoice and credited to your account after you make three consecutive automatic Lease Payments 2.2. Prepayment. At any anniversary of the Production Date during the Term. you may elect to prepay all of your remaining Lease Payments during the Term (exctuding any renewal terms) by paying NRG RSS a prepayment amount (the ?Prepayment Amount") as set forth on Exhibit 1. If you pay the Prepayment Amount. you will have no further Lease Payments. but it will not change either party?s other rights or obligations under this Lease or under the included ?mited warranty and performance guarantee we are providing you for the Solar System (the ?Limited Warranty') attached as Exhibit 4 2.3. Estimated Taxes (3) The Down Payment. Lease Payments and the Prepayment Amount do not include taxes. You agree to pay any sales and use taxes on the Down Payment. Prepayment Amount or Lease Payments; and any personal property taxes. license and registration fees. assessments. and other taxes. fees. and governmental charges on or related to the Solar System. as invoiced by NRG RSS or invoiced directly by your local jurisdiction. unless prohibited by law. Based on current tax rates as of the date you are signing this Lease. the estimated personal property. sales and use taxes you will pay on the Lease Payments during the Term are 0.00. If you become the owner of the Solar System. you agree to pay directly or reimburse NRG RSS for any related sales and transfer taxes. fees. and charges. unless prohibited by law. 2.4. Late Fee; Returned Cheg Fag Additionally. you agree: nrg.? Lease Number: 06-00491 17081-000-JCPAL -2- 45121 000097 DocuSign Envelope ID: to pay interest on payments more than thirty (30) days past due of 1% per month. or as set forth on Exhibit 3 but not more than the maximum interest rate permitted by law. together with any reasonable collection costs. attomeys' fees. court costs. and post-judgment collection fees: and to pay a return check fee or payment denial fee of $25. but not more than the maximum permitted by law each time your bank refuses or returns your check or automatic payment under Section 2.5 2.5. Methgd of Payment. When NRG RSS executes this Lease. you will be responsible for setting up your Lease Payments (if any) with NRG RSS by submitting a copy of a voided check via mail or by secure fax NRG Residential Solar Solutions Attention Accounts Payable Department PO. Box 1304 Houston. TX 77251-1304 Secure Fax: 1-866-781?0407 2.6. ABSOLUTE PAYMENT OBLIGATION THIS IS A NET LEASE AND YOU ARE NOT ENTITLED TO ANY REDUCTION OF LEASE PAYMENTS OR ANY OTHER AMOUNTS PAYABLE UNDER THIS LEASE. ALL LEASE PAYMENTS AND OTHER AMOUNTS PAYABLE BY YOU UNDER THIS LEASE SHALL BE MADE ABSOLUTELY AND UNCONDITIONALLY WITHOUT SET-OFF. COUNTERCLAIM. RECOUPMENT, DEFENSE OR OTHER RIGHTS THAT YOU MAY HAVE AGAINST ANY PERSON WHATSOEVER 3. INSTALLATION PROCESS AND CHANGES 3.1. gonditigng to Installation. NRG obligation to install and lease the Solar System is conditioned upon completion of the following. to our reasonable satisfaction: approval of this Lease by our ?nancing partners; our receipt of all required building. land use. zoning. and other permits and approvals; our con?rmation that all Incentives will be available in the amounts as estimated to calculate the Lease Payments; and completion of real estate due diligence (including without limitation con?rmation that your Property is at least 300 yards from any golf course) and an on-site engineering inspection to determine whether your Preperty is suitable for installation and operation of the Solar System. If we determine that any of the above conditions will not be satis?ed in a timely manner due to any reason beyond our reasonable control. or if we determine that the economic terms or other circumstances make it impracticable to install or maintain the Solar System. then we may cancel this Lease by refunding any Down Payment you paid. and we will not owe you any other amounts under this Lease. 3.2. System Design ang Aggroval. Before installation of the Solar System. you will receive a copy of the Solar System?s design. after which you will have ?ve (5) business days to approve the design or to request a change to it. If you do not approve the design or request to change the design of the Solar System within this period. we may deem you to have cancelled the Lease. orwe may deem you to have approved the design if you do not respond within five (5) business days of our follow-up written notice. The Solar System may be installed at any time afterwe get your approval. If you request a change to the design of the Solar System before installation starts. we will use commercially reasonable efforts to accommodate your request. but in the event such change increases the cost of the Solar System or its installation. or decreases the expected output of the Solar System. you must agree to a corresponding increase in the Lease Payments. and (ii) if applicable. a corresponding decrease in the Guaranteed Power (as de?ned in the Limited Warranty). Such changes to the Lease Payments and any agreed changes to the Solar System speci?cations in this Lease will be documented in an amendment to this Lease signed by you and NRG RSS. NRG RSS may. in its sole discretion and without your consent or prior notice to you. authorize the installation of equipment and materials that differs from the approved Solar System design but which is of like kind and quality. provided that any such substitute equipment will not affect the terms of this Lease, including the size of the Solar System (KW DC installed) as stated above, the Performance Guarantee or Lease Payments 3.3. Right tg angl Que to Signi?cant Change ln'gigl Estimates. if we determine that the Solar System's size. cost. or energy production will be more than seven percent different from our initial estimates. either you or NRG RSS may cancel this Lease and NRG RSS shall refund any Down Payment you paid. and we will not owe you any other amounts under this Lease. lf this Lease is terminated under this Section 3.3. then NRG RSS will work in good faith to offer you a new lease agreement that reflects the solar photovoltaic system for your Property which you may accept or reject at your discretion. 3.4. Wgrk. This Lease does not require NRG RSS or the Installer to perform any of the following excluded work in connection with the installation of the Solar System at the Lease Number: -3- 45121 000098 DocuSign Envelope ID: Property: removal. disposal. or remediation of any hazardous materials; (ii) removal. disposal, or remediation of any fungus. mold. mildew. or other organic pathogens; removal or replacement of structural deterioration. rust. rot. or insect-infestation; (iv) replacement or improvement to the existing roof or structural framing; replacement or improvement to the existing electrical system; (vi) replacement or improvement to bring any portion of the existing Property up to tocat code; (vii) correction of any construction errors, omissions, or de?ciencies by you or your contractors (other than the Installer); installation of sprinklers. smoke detectors. or life safety equipment required by inspectors or the law as a result of the installation of a Solar System. (ix) removal. replacement. or relocation of any vegetation. existing equipment, or other existing obstacles; relocation of any items that are not associated with a Solar System; (xi) painting of electrical boxes or conduit; or (xu) oesrgn or architecrurar revrew or any orner specrarty permns or attendance at public hearings. noti?cation of neighbors. or additional drawings in connection with the foregoing. If any of the foregoing exciuded work must be performed in order to install properly the Solar System. you agree to contract separately with the Installer or a third-party contractor to perform the excluded work. at your expense. 3.5. Documentatign; Pgnnitg. You agree to execute and to assist NRG RSS and Installer in obtaining all documentation and permits related to the Solar System in a timely manner. including incentives and Net Metering Service applications. and to authorize NRG RSS or Installer to make corrections to the utility paperwork to conform to this Lease or any amendments to this Lease that both parties sign. If Installer or NRG RSS is unable to obtain any Incentives solely as a result of your delay in assisting either NRG RSS or Installer. your Lease Payments will be increased to account for the Incentives that we or the Installer was unable to obtain. 3.6. Waste Materials. At of the end of each day during the installation of the Solar System. Installer will ensure the Property is reasonably free from accumulation of waste materials caused by the installation of the Solar System 3.7. Cancellation Due to Delay If Installer fails for a period of sixty (60) days after you approve the design. to start the installation of the Solar System as required by this Lease. and if you have performed all of your duties under this Lease, then so long as the delay is not due to a utility. you or NRG RSS may cancel this Lease and NRG RSS will refund to you any Down Payment you paid. If you cause the installation or setup of the Solar System to be delayed for a period of sixty (60) or more days after we get your approval of the design. NRG RSS may cancel this Lease without refunding the Down Payment. 3.8 Ingtallgr NR9 Agent. Installer is an independent contractor of NRG RSS and not the agent of NRG RSS and has no authority to modify this Lease. the Limited Warranty or any other document or agreement between you and NRG RSS. Installer and its subcontractors are not parties to this Lease or the Limited Warranty. 3.9. No Side Agreements. NRG RSS has no obligation. responsibility or liability for any promises made by Installer or its subcontractors outside of the typed words of this Lease. including any changes to this Lease handwritten by Installer or a subcontractor. any work order or change order not executed by NRG RSS. including without limitation any agreement to perform work excluded from this Lease under Section 3.4. The performance or non- performance by the Installer or its subcontractors of any promise outside the typed words of this Lease will have no bearing on NRG or your obligations under this Lease. 4. YOUR SOLAR SYSTEM OBLIGATIONS 4.1. General Obligations. You agree- to notify us immediately if any part of the Solar System is stolen or damaged. or if any other emergency situation exists regarding the Solar System; to notify us within 24 hours after you believe that the electronic monitor is not working properly or that the Solar System is otherwise not working properly. (0) to allow the Solar System to be moved. removed. or repaired only according to the Limited Warranty. and to cooperate with those repairs; not to do anything to the Solar System that invalidates or voids the Limited Warranty; not to change or remove the tags or markings on the Solar System; not to do anything to your Property that shades the Solar System and to trim trees. shrubs. and other vegetation that shade the Solar System more than it was shaded at the date you signed this Lease; (9) not to do anything to your Property or allow any condition that results in the Solar nrg'." Lease Number. 06-0049117081-000JCPAL -4- 45121 000099 DocuSign Envelope ID: System failing to perform as originally intended or In the Solar System no longer being connected to the local utility. not to use the Solar System's electricity to heat a swimming pool; that NRG RSS may periodically check your consumer credit report during the Term as allowed by applicable law but the results will not impact the Lease in any way; to provide a safe work area at your Property for installing and maintaining the Solar System: and to inspect and clean the solar panels from ground level if possible in a safe and prudent manner. including removing snow in a manner that does not scratch the panels and cleaning of the panels with water only (no pressure washers. no chemicals) in temperatures between 45 and 85 degrees Fahrenheit 4.2. Acceg R'ghts You will cooperate reasonably with and give us. the lnstaller. and our other contractors and agents reasonable access to all of the Property: to design. install. test. operate. inspect. improve. repair. replace. move. and remove the Solar System and any related equipment near the Solar System or necessary to interconnect the Solar System to the electrical system of your Property or your local utility; to take any other action relating to the Solar System. this Lease. or the Limited Warranty; and to allow RSS to enforce its rights under this Lease and under applicable law. We will notify you before we enter your Property. if commercially reasonable. and unit reasonably cooperate to schedule our visits at convenient times. We may access your Property until one hundred twenty (120) days after the Term of this Lease expires. for us or our contractors or agents to remove the Solar System from your Property as permitted by this Lease. 4.3. Preservation of end Ownershig Righte. You grant NRG RSS the right to reasonably access the Property with respect to the Solar System and this Lease. and a right to preserve our access and ownership rights of the Solar System. NRG RSS may file an appropriate record evidencing our ownership and interest in and to the Solar System in the appropriate property records where the Property is located. If we request. you agree to complete. execute. and retum within ten (10) business days any documents that we deem reasonably necessary to preserve our access and ownership rights in the Solar System. 4.4. Mgniter. Net Metering ?ervig. You agree to use an electronic monitor that will be provided and installed at no additional cost to you. The electronic monitor will measure all electricity delivered to you from the Solar System. You must not tamper with. modify. or damage the electronic monitor. See Section 7 of the Limited Warranty in Exhibit 4 for additional monitoring requirements. Additionally. you must use the applicable net metering service (?Net Metering Service') available from your local utility. or if Net Metering Service is not available from your local utility or is discontinued. a net metering program chosen by NRG RSS. NRG RSS reserves the right to take certain actions (including with the utility on your behalf) so that the Solar System maintains Net Metering Service. 4.5. Phgtos. You agree we can take photos of the Solar System and use the photos and any graphical representations of the Solar System in our marketing or other promotional materials. Such photos. if taken. shall not include any identi?able information concerning the location of the Property or Your identity. 4.signing this Lease. you agree that NRG may: access your consumer credit report(s) and credit score(s) with all or any of the following entities: Experian. TransUnion. Equifax. FICO. or any other entity that provides consumer ?nancial infonnation: and disclose information obtained under Section 4.6(a) to NRG RSS's af?liates and its actual or prospective financing partners. investors. insurers. and acquirors of all or a portion of our business or assets for the purpose of evaluating your creditworthiness NRG RSS may have prescreened your credit. Prescreening of credit does not impact your credit score You can choose to stop receiving ?prescreened' offers of credit from this and other companies by calling toll-free. 1-883- OPTOUT (1-888-567-8688). 5. OWNERSHIP OF SOLAR SYSTEM AND ELECTRICITY 5.1. Ownegehig of Sglar Syetem. You agree that NRG RSS Is the owner of the Solar System and all data related to the performance and production of the Solar System. and that the Solar System is NRG personal property for purposes of the Uniform Commercial Code and shall not be considered a ?xture on the Property agree to keep the Solar System free and clear of all claims. liens, levies. and other charges and encumbrances not created by NRG RSS. 5.2. Loss or Dama to lar 8 tom. You will be responsible for loss and damage to the Solar System caused by you or anyone you invite onto the Property. NRG RSS will bear all other risk of loss and damage to the Solar System. If the Solar System suffers loss or damage. NRG RSS shall timely repair the Solar System and you shall continue to pay the Lease Payments and you shall not be excused from any of your other obligations under this Lease. . nrg" Lease Number. 060049117081-OWCPAL -5- 45121 000100 Envelope ID 5 3 Ownership of Electricity. Additignal Electricity. You will be the owner of all electricity produced by the Solar System during the Term and you will have control and title to electricity produced by the Solar System prior to the time. if any. when It is delivered to the distribution grid and transferred to the local utility. You acknowledge and agree that if you need more electricity than the Solar System produces you will be solely responsible for purchasing such additional electricity from your utility. 6. OWNERSHIP OF ENVIRONMENTAL AND INCENTIVES 6 1 Environmental Attributes In this Lease. ?EnvimnmentaIAttn'butes' means all existing and future fuel. emissions. air quality. and other environmental characteristics. credits. bene?ts. reductions. offsets. and allowances (including SRECs green tags and carbon and other emissions offsets): resulting from the generation or use of electricity by the Solar System. (ii) resulting from the avoidance of the emission of any gas. chemical or other substance to the air. soil or water attributable to the generation or use of electricity by the Solar System. or arising out of any law. rule or regulation. in each case whether federal. state. or local. 6 2. Ingnlives. In this Lease. 'Incentr?ves? means all Environmental Attributes. plus all existing and future tax credits. depreciation. and other tax bene?ts. treasury and other cash grants. utility and other rebates. incentives. subsidies. and renewable energy credits and certi?cates related to the Solar System (including its installation. Operation. ownership. and generation of electricity) and any other non-power characteristics of the Solar System. in each case whether federal. state. or local. 6.3. Rights in Our ability to use the Incentives effectively allows us to offer you the Lease on all of the terms you see here. Therefore. unless expressly stated otherwise on Exhibit 5 or an amendment to this Lease executed by both you and NRG RSS. all Incentives shall be the sole property see lit. whether those bene?ts exist now or in the future. You hereby assign to NRG RSS all of your existing and future rights to the Incentives and their bene?ts. including any amounts paid or payable to you in respect of the Incentives. You agree to cooperate reasonably and to assist NRG RSS in obtaining the Incentives and their bene?ts. including by completing and ?ling and correcting any applications and assignments. 6.4. I im i . Unless expressly stated otherwise on Exhibit 5 or an amendment to this Lease executed by both you and NRG RSS. NRG RSS owns all right. title. and interest in and to the Incentives associated with the electricity produced by the Solar System. You acknowledge and agree that for federal. state and local policy incentive purposes the Environmental Attributes of the electricity generated by the Solar System are solely owned by NRG RSS and that the electricity you receive from the Solar System is no longer considered renewable energy or solar power for the purposes of federal. state and local policy incentive purposes. and you further agree not to make any claims or representations to the contrary which would conflict with the rights of NRG RSS to such Environmental Attributes and Incentives. 7. WHAT HAPPENS lF YOU TRANSFER YOUR HOME If you sell or othemrise transfer your Property before the end of the Term ifthe newowner agrees to take on this Lease. you may transfer your rights and obligations under the Lease to the new buyer it one of the following is true- i) you have already prepaid all Lease Payments in accordance with Section 2.2; ii) you still owe some Lease Payments and the new owner meets our credit requirements: If the new owner does not meet our credit requirements and you still owe some Lease Payments you may transfer your remaining rights and obligations under this Lease to the new owner only if you prepay the remaining Lease Payments under Section 2 2 for the Prepayment Amount described on Exhibit 1. In any case. we will not charge you or the new owner a fee for the transfer. You will remain liable for all of your obligations under this Lease and for any default by the new owner until you. the new owner. and NRG RSS have signed a transfer agreement under which all of your remaining rights and obligations under this Lease are transferred from you to the new owner. and at that point you will be released from any further obligations under this Lease. You must give us at least one (1) month's. but not more than four (4) month's. prior written notice if you want to transfer any of your rights and obligations under this Lease to someone else. If you do not transfer the Lease according to this Section. you will be in default of this Lease (see Section 10). Lease Number". 06?00491 1 7081-000JCPAL 45+ 45121 000101 DocuSign Envelope ID EXCEPT AS PROVIDED ABOVE IN THIS SECTION 7. YOU SHALL NOT SELL. PLEDGE. SUBLEASE. OR TRANSFER YOUR RIGHTS OR OBLIGATIONS UNDER THIS LEASE OR YOUR INTEREST IN THE SOLAR SYSTEM WITHOUT OUR PRIOR WRITTEN CONSENT. WHICH WE MAY WITHHOLD IN OUR SOLE DISCRETION. 8. WHAT HAPPENS AT THE END OF THE TERM 8.1. Renewing this Lease. This Lease will expire at the end of the Term unless you elect to renew it You have the right to renew this Lease once. fora period of ?ve (SI years. so tone as you meet NRG credit requirements The Lease Payments during the renewal period will be based on the fair market value of the Solar System as of the first day of the renewal period, as determined by us based on readily available independent information or. at your request. as determined by an independent appraiser paid by you. Such Lease Payments will be set forth in renewal forms we send you approximately three (3) months before the end of the Term To renew this Lease. you must complete, sign. and return the renewal forms no later than one (1) month before the end of the Term. If you renew this Lease. the Term will be extended by an additional live (5) years. 8.2. Purchasing the Solar System. If you are not in default under this Lease. you will have the option to purchase the Solar System. 1 At the seventh anniversary of the ?rst Lease Payment due date. at the Purchase Option Price for such anniversary on Exhibit 1. 2. At the expiration of the initial Term. for the Purchase Option Price for such time on Exhibit 1. To purchase the Solar System. you must notify us at least thirty (30) days. but not more than one hundred eighty (180) days. prior to the applicable Purchase Option Date and you must pay the amounts due within thirty (30) days of receiving the invoice we send you. ?Purchase Option Dafe' means each of the 7" Anniversary of the Production Date or the expiration of the initial Term. (0) Once we have received and processed your payment in full. this Lease shall terminate and you shall become the owner of the Solar System conveyed to you "as is. where is' as of the date we process your payment. NRG RSS will make commercially reasonable efforts to transfer any equipment warranties (as allowed per their terms) to you as the new owner of the Solar System. 8.3. Taking Other Actigns. If you do not renew this Lease or exercise your option to purchase the Solar System at the end of the Term. then within ninety (90) days after the Term expires: if you are not in default under this Lease at the end of the Term and we request to remove the Solar System. then we may remove the Solar System at no cost to you; if you are in default under this Lease at the end of the Term and we request to remove the Solar System. then you will pay for us to remove the Solar Systemdefault under this Lease at the end of the Term and we have not requested to remove the Solar System. then you may request in writing thatwe remove the Solar System at no cost to you within one hundred twenty (120) days afterwe receive your removal request 9. WARRANTY DISCLAIMER EXCEPT AS EXPRESSLY PROVIDED IN THIS LEASE. NRG RSS MAKES NO REPRESENTATIONS OR WARRANTIES. EXPRESS OR IMPLIED. REGARDING THE SOLAR SYSTEM OR ITS INSTALLATION. DESIGN. OR PERFORMANCE. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE STATE LAW. NRG RSS DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY. HABITABILITY. OR FITNESS FOR A PARTICULAR USE OR PURPOSE 10. DEFAULT 10.1. EVENTS 9F DEFAULT. YOU WILL BE IN DEFAULT OF THIS LEASE IF YOU SELL. PLEDGE. SUBLEASE. OR TRANSFER YOUR RIGHTS OR OBLIGATIONS UNDER LEASE 0R YOUR INTEREST IN THE SOLAR SYSTEM WITHOUT OUR WRITTEN CONSENT. Additionally. you will be in default if you do not make a payment within ten (10) days after each due date; you violate any other obligation under this Lease and such violation continues for fifteen (15) days after you receive written notice; or you provide false or misleading information to us. You will also be in default if you voluntarily commence insolvency. reorganization. stay. or similar debtor-relief proceedings. or if any of the foregoing proceedings are brought involuntarily against you. or if you become insolvent or generally do not pay debts as they become due. or admit in . writing your inability to pay debts. or make an assignment for the bene?t of creditors. or if a writ of l'g Lease Numb8r'. 06-004911 7081-000-JCPAL -7- 45121 000102 Envelope ID attachment or execution is levied on the Solar System and is not released or satis?ed within ten (10) days, or if a receiver IS appornted in any proceeding or action to which you are a party with authority to take possession or control of the Solar System. or if you have defaulted on your mortgage or the Property is subject to foreclosure. 10.2. Remedies. if you are in default under this Lease. we have the right to take one or more of the following actions and any other action available to us under this Lease or at law or in equity take action to prevent loss. correct your default. or otherwise enforce performance of this Lease. by court action or othenlvise; terminate this Lease and your interest in the Solar System; require you to retum the Solar System at your cost or allow us to access the Property and remove and return the Solar System at your cost. take back the Solar System With or without court order or other process of law. so long as we are within our rights under the law; and recover damages for your breach. including all accrued and unpaid Lease Payments. taxes. fees. penalties. interest and all other amounts then accrued or due and owing under this Lease, plus (ii) the unpaid balance of the remaining Lease Payments. as described by the Prepayment Amount set forth on Exhibit 1. plus if within the ?rst ?ve (5) years following the Production Date. then reasonable compensation (on a net after tax basis assuming a tax rate of 35%) for the loss or recapture of (A) the investment tax credit or cash grant equal to 30% of the basis of the Solar System for US. federal income tax purposes; (B) any other incentives or their bene?ts (in respect of which NRG RSS will provide you with a detailed calculation of the resulting compensation if NRG RSS makes a claim for such compensation). and (C) accelerated depreciation over six (6) years equal to 85% of the Solar System cost. including installation. Additionally. you agree to pay us for all reasonable costs and expenses we incur due to your default. including costs and expenses to prevent loss. correct your default. remove the Solar System. or take other action permitted under this Lease. If we chose to exercise a remedy. we are not restricted from exercising other remedies. If we choose not to exercise a remedy. we are not restricted from exercising it in the future. 11. INSURANCE: INDEMNITY: LIMITATION OF LIABILITY 11.1. NRG RSS Insurance. NRG RSS will insure the Solar System at no additional cost to you against loss and damage. excluding loss and damage that is caused by your gross negligence or intentional misconduct. 11.2. You must insure your Property during the Term under a homeowner?s insurance policy or substantially similar coverage. You are responsible for notifying your insurance provider of the Solar System's installation on your Property. of determining whether the Solar System impacts your existing insurance coverages. for making any necessary additions or corrections to your insurance policy and for the consequences of failing to make such additions or corrections. 11.3. INDEMNITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS NRG RSS AND OFFICERS. DIRECTORS. MEMBERS. EMPLOYEES. AND AGENTS RSS FROM ALL CLAIMS. ACTIONS. LOSSES. LIABILITIES. DAMAGES. JUDGMENTS. ENCUMBRANCES. AND COSTS AND EXPENSES (INCLUDING REASONABLE FEES AND EXPENSES) OF ANY KIND OR NATURE WHICH ARISE OUT OF OR RESULT FROM YOUR NEGLIGENCE OR WILLFUL MISCONDUCT. FROM THE ELECTRICITY PRODUCED BY THE SOLAR SYSTEM. OR ARISE OUT OF OR RESULT FROM THE PRESENCE. DISTURBANCE. UNCOVERING. UNVEILING. RELEASE OR MOVEMENT OF ANY HAZARDOUS OR TOXIC SUBSTANCE. MATERIAL OR WASTE. OR ANY OTHER SUBSTANCE. POLLUTANT OR CONDITION THAT POSES A RISK TO HUMAN HEALTH OR THE ENVIRONMENT ON THE PROPERTY THAT WAS NOT BROUGHT ONTO THE PROPERTY BY NRG RSS OR THE INSTALLER PROVIDED THAT YOU SHALL NOT BE REQUIRED TO INDEMNIFY ANY NRG RSS PARTY FOR ITS OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THIS SECTION 11.3 SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS LEASE 11.4. Why. To the extent permitted by state law. notwithstanding any other provision of this Lease. your total liability under this Lease. excluding claims under Section 11.3. shall not exceed the maximum amount that could be payable by you under Section 10.2. Notwithstanding any other provision of this Lease. NRG total liability under this Lease shall not exceed the sum of the Lease Payments over the entire Term of this Lease. reduced by all amounts paid by NRG RSS under the Limited Warranty. THIS AMOUNT OF LIABILITY IS YOUR SOLE AND EXCLUSIVE REMEDY. AND YOU HEREBY WAIVE ALL OTHER REMEDIES OR DAMAGES AT LAW OR EQUITY. ANY DAMAGES FOR NEGLIGENCE OR STRICT LIABILITY OR ANY OTHER GREATER RIGHTS THAT YOU MIGHT HAVE UNDER THE LAWS OF THE STATE THE PROPERTY IS LOCATED IN. WHICH YOU SHOULD CONSULT. 11.5. W. Each party may only recover direct damages under this Lease. In no event shatl you or NRG RSS. its employees. contractors. or agents be liable under this Lease for. nor shall a court or arbitrator assess. any indirect. incidental. or consequential losses or damages. including losses of use. pro?ts. business opportunity. reputation or ?nancing. or any punitive damages. special damages. mentat anguish damages. or pain and suffering damages. whether arising in contract. warranty. tort (including negligence). strict liability or otherwise. 12. ARBITRATION I'll'g Lease Number. 06-00491 17081-000-JCPAL -3- 45121 000103 DocuSIgn Envelope ID 12.1. Arbitration of Claims; Waiver of Jugy Trial. Unless prohibited by State law. any dispute. disagreement or claim between you and NRG RSS arising out of or in connection with this Lease. or the Solar System. which cannot be amicably resolved by the parties shall be submitted to ?nal and binding arbitration in a location that is a convenient distance from the Property for you. in accordance with Commercial Arbitration Rules of the American Arbitration Association including the Supplementary Procedures for Consumer-Related Disputes. if applicablelthe Commercial Rules'). except as provided in Section 12.7. This agreement to arbitrate is governed by the Federal Arbitration Act. While a dispute. disagreement or claim is being resolved under this Section 12. both parties shall continue to perform their obligations under this Lease. The arbitration shall be conducted by one arbitrator appointed in accordance With the Commercial Ruies. YOU AND NRG R55 AGREE THAT B'r' ihiTO THIS LEASE. YOU AND WE ARE WAIVING THE RIGHT TO A JURY TRIAL. IN ADDITION. EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. OTHER RIGHTS THAT YOU OR NRG RSS WOULD HAVE IN COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION. 12.2. Finality of Award. Unless prohibited by State law. the parties agree that the award of the arbitrator (the 'Arbr?tration Award'): shall be conclusive. ?nal. and binding upon the parties: and (ii) shall be the sole and exclusive remedy between the parties regarding any and all claims and counterclaims presented to the arbitrator The iudgment on the Arbitration Award may be entered in any appropriate court as necessary to pursue judgment. 12.3. nggming Law. This Lease shall be governed by the laws of the State where the Property is located (without giving effect to internal principles of con?ict of laws). The Arbitration Award shall be based exciusiveiy on the provisions of this Lease. In addition. in the case of any con?ict between the provisions of the Commercial Rules and the provisions of this Lease. the provisions of this Lease shall govern. 12.4. Ngtice; ngand for Arbitration. Prior to ?ling a demand for arbitration. a party must ?rst give the other party at least ?fteen (15) days' prior written notice of its intent to ?le the demand. All notices to be given in connection with the arbitration shall be as provided in Section 13. Demand for arbitration must be ?led within one (1) year after accnral of the muse of action asserted by the complaining party. If the complaining party fails to file the demand for arbitration within that time. the claim shall be deemed to be waived and shall be barred from either arbitration or litigation 12.5. Payment The Arbitration Award shall be made and shall be payable free of any tax or any other deduction. The Arbitration Award shall inciude interest. at a rate determined as appropriate by the arbitrator. as of the date of any breach or other violation of this Lease to the date when the Arbitration Award is paid in full 12.6. The prevailing party in any such arbitration shall be awarded all costs of arbitration and enforcement of the Arbitration Award. including reasonable attomeys' fees and court costs. costs of expert witnesses. transportation. lodging and meal costs of the parties and witnesses. costs of transcript preparation. and other costs. 12.7. Sgeci?c Performance. In the event of any breach by a party of this Lease which would cause any non-breaching party to be irreparably harmed or for which such non-breaching party could not be made whole by monetary damages. then in such circumstances such non-breaching party. in addition to any other remedy to which it may be entitled at law or in equity. shall be entitled to equitable relief. including injunctive relief and speci?c performance. in any action instituted in a court of applicable jurisdiction. 13. NOTICES All notices and other communications required or permitted under this Lease shall be properly given by the sending party when made in writing and: delivered by a reputable courier service requiring signature for receipt: (ii) mailed by certi?ed or registered ?rst-class mail. post prepaid. with a return receipt requested; sent by fax as evidenced by a printed con?rmation from the sending party's fax machine; or (iv) emailed. in each case to the other party?s address set forth above or such other address noti?ed by the other party in writing from time to time The parties agree that any faxed or emailed document shall be deemed an original document. however all notices of arbitration must be sent according to or (ii) in the preceding sentence. ?14. ASSIGNMENT 14.1. NRG RS . NRG RSS may transfer. sell. or othenrvise assign all or any of its rights andlor obligations under this Lease or any Incentive to another party. without your consent and without prior notice to you. Upon such transfer. sale or assignment. NRG RSS shall be released from all future obligations under this Lease. 14.2. IQ Except as provided above in Section 7. you shall not sell. pledge. assign. sublease. or transfer your rights or obligations under this Lease or your interest in the Solar System without our prior written consent. which we may withhold in our sole discretion. . Lease Number: 06-00491 1 7081-000-JCPAL -9- rg 45121 000104 DocuSign Envelope ID: 41 15. NO THIRD PARTY MISCELLANEOUS No person that is not a party to this Lease has any right to enforce any term of Lease All rights, powers and remedies provided under this Lease are cumulative and not exclusive of any rights. powers. or remedies provided by applicable law or otherwrse Neither of us shall be deemed to have waived any right or remedy under this Lease by reason of such party?s delay or failure to enforce such right or remedy. The terms of this Lease that expressly or by their nature survive termination shall continue after the termination until fully performed. This Lease may be executed in one or more counterparts, each of which shall be deemed an original and all of which collectively shall be deemed one and the same instrument 16. ENTIRE RELATIONSHIP TO LIMITED WARRANTY THIS LEASE INCLUDING ALL EXHIBITS CONTAINS THE ENTIRE AGREEMENT REGARDING THE LEASING OF THE SOLAR SYSTEM. UNLESS MODIFIED IN THE STATE SPECIFIC EXHIBIT, EXCEPT FOR INCREASES TO THE LEASE PAYMENTS UNDER SECTIONS 3.2 AND 3.5. THIS LEASE MAY ONLY BE CHANGED BY AN AMENDMENT IN WRITING SIGNED BY YOU AND NRG RSS. IF THIS LEASE TERMINATES. THE LIMITED WARRANTY SHALL AUTOMATICALLY TERMINATE. NRG RSS MAY ASSIGN ALL OR ANY PORTION OF THIS LEASE WITHOUT ASSIGNING THE LIMITED WARRANTY AND, CONVERSELY. NRG RSS MAY ASSIGN ALL OR ANY PORTION OF THE LIMITED WARRANTY WITHOUT ASSIGNING THIS LEASE. 17. YOUR SIGNATURE By signing Lease. you represent that if you are signing this Lease on your own behalf. you are both at least eighteen (18) years of age and an individual citizen or resident of the United States; (ii) if you are signing this Lease on behalf of a corporation (including an entity treated as a corporation for US. federal income tax purposes). such corporation is both created or organized in or under the laws of the United States. any state thereof, or the District of Columbia and not exempt from US. federal income taxation; if you are signing this Lease on behalf of an estate. both such estate's income is subject to US. federal income taxation regardless of its source and every person who has an ownership interest in the Property has agreed to be bound by this Lease; (iv) if you are signing this Lease on behalf of a trust. both (3) either a court within the United States is able to exercise primary jurisdiction over administration of such trust and one or more United States persons have authority to control all substantial decisions of such trust or (ll) such trust has a valid election in effect under the US. Treasury Regulations to be treated as a United States person and every person who has an ownership interest in the Property has agreed to be bound by this Lease. or if you are signing this Lease on behalf of an entity other than as described in clauses or (IV) of this Section 17. both such entity is either (I) disregarded as an entity separate from its owner (within the meaning of US. Treasury Regulation Section 301 .7701-2) and its owner is described by either clause or (iv) of this Section 17 or (ll) a ?domestic partnership" within the meaning of section 7701(a)(30)(8) of the Internal Revenue Code of1986, as amended. and (D) such entity is not exempt from US. federal income taxation. Lease Number: 40- 45121 000105 DocuSign Envelope ID. 18. DATE OF LEASE THE DATE OF THIS LEASE AND THIS TRANSACTION IS December 11 2014. NOTICE TO RETAIL BUYER: an. DU NUT SIGN THIS LEI-tat: IF THERE ARE YOU ARE ENTITLED TO A COPY OF THE LEASE AT THE TIME YOU SIGN. KEEP IT TO PROTECT YOUR LEGAL RIGHTS. 19. NOTICE OF RIGHT TO CANCEL YOU MAY CANCEL THIS LEASE AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE YOU SIGN THIS LEASE. SEE THE ATTACHED OF FORM IN EXHIBIT 2 FOR AN EXPLANATION OF THIS RIGHT. BY SIGNING BELOW. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS LEASE AND ITS EXHIBITS IN THEIR ENTIRETY. AND THAT YOU HAVE RECEIVED A COPY OF THIS LEASE. PROPERTY OWNER NRG RESIDENTIAL SOLAR SOLUTIONS LLC Terry Bartel DoeuSIgned um ?d 7 On Behalf By. W7 IM I 500076038152450 Signature: I 6 Name: Raquei Ramirez 2912I17049A64AF Date: 11 December 2014 THIS: ni rerfnr nf npprat'i Date: 07 January 2015 PROPERTY OWNER On Behalfsz Signature: Date: Contractor License No. (if required): Licensing State: NJ To the extent applicable, any acceptance of this Lease by af?rmation through the DocuSI?gn Electronic Signature shalt be deemed a binding acceptance of this Lease and shall be valid as a signature. Lease Number. 06-00491 -1 rg 45121 000106 DocuSign Envelope ID: Exhibit 1 LEASE PREPAYMENT AMOUNT 1 . LEASE PAYMENTS During the Term. you agree to pay a payment (the ?Lease Payment) as set forth in the following table for each month during the twelve (12? month period starting or: the applicebte anniversary of the date your first Lease Payment "5 due under the Lease. You acknowledge that the Lease Payment amounts set forth below may increase under Sections 3.2 and 3.5 of the Lease. 2. PREPAYMENT PURCHASE OPTION PRICE Each ?PrepaymentAmounf? reflected in the following table is the amount you would pay if you elected to prepay the remaining Lease Payments under Section 2.2 of the Lease on the corresponding anniversary noted below of the ?rst Lease Payment due date. However. if you prepay your remaining Lease Payments in connection with the transfer of the Property as described in Section 7. effective as of a date that is not an anniversary of the first Lease Payment due date. then NRG RSS will pro rate the Prepayment Amount due for the period from such effective date to the date of the next anniversary of the first Lease Payment due date The ?Purchase Option Price' is the greater of the apptiwble amount set forth in the following table or the then fair market value of the Solar System as determined by reference to a readily available independent source such as PV Value. available at mvawaluecom or similar of First Lease Payment Lease Payment Prepayment Purchase Option Due Date Amount Price 0 MIA 1 .1 NIA 6908 NI NA 71.03 NIA 14 A 75.624. 82.00 1 314. 84.38 779.24 NIA 86. 9 283.43 NIA 89. 9 017.646: 83 MIA 109.14 524. 112.31 1 1 MIA End of Term NIA NIA 519.00 3. TAXES NOT INCLUDED Each Lease Payment. Prepayment Amount and Purchase Option Price on this Exhibit 1 does not include any applimbie taxes. See Section 2.3 for more information. 4. ACH CREDIT NOT INCLUDED Each Lease Payment above does not include the ACH Credit described in Section 2.1(c) of this Lease. The ACH Credit only applies to the Lease Payments and does not apply to the Prepayment Amount or the Purchase Option Pn'ce. Lease Number: 05-0049117081-000-JCPAL Exhibit 1, Page 1 45121 000107 DocuSign Envelope ID Exhibit 2 (Copy to send to NRG RSS) NOTICE OF CANCELLATION Statutorily-Required Language NOTICE OF CANCELLATION Date of transaction: 11 December 2014 You may CANCEL this transaction, without any Penalty or Obligation. within THREE BUSINESS DAYS from the above date. If you cancel. any property traded in. any payments made by you under the contract or sale. and any negotiable instrument executed by you will be returned within TEN BUSINESS DAYS following receipt by the seller (NRG RSS) of your cancellation notice. and any security interest arising out of the transaction will be cancelled. If you cancel. you must make available to the seller (NRG RSS) at your residence. in substantially as good condition as when received. any goods delivered to you under this contract or sale, or you may. if you wishl comply with the instructions of the seller (NRG RSS) regarding the return shipment of the goods at the seller's (N RG expense and risk. If you do make the goods available to the seller (NRG RSS) and the seller (N R6 R63) does not pick them up within 20 days of the date of your Notice of Cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller (NRG RSS), or if you agree to return the goods to the seller (NRG RSS) and fail to do so. then you remain liable for performance of all obligations under the contract. To cancel this transaction. mail or deliver a signed and dated copy of this Cancellation Notice or any other written notice. or send a telegram, to NRG RESIDENTIAL SOLAR SOLUTIONS LLC. at P.0. Box 304; Houston. Tx 77001 NOT LATER THAN MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE ABOVE DATE. I HEREBY CANCEL THIS TRANSACTION. (Date) (Lessee's signature) Lease Number: 06-0049117081-000JCPAL Exhibit 2, Page 1 45121 000108 DocuSign Envelope ID Exhibit 2 (Copy for Your Records) NOTICE OF CANCELLATION Statutorily-Required Language NOTICE OF CANCELLATION Date Of transaction: 3.1 DELcm'ucI 2014 You may CANCEL this transaction. without any Penalty or Obligation, within THREE BUSINESS DAYS from the above date. If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within TEN BUSINESS DAYS following receipt by the seller (NRG RSS) of your cancellation notice. and any security interest arising out of the transaction will be cancelled. If you cancel, you must make available to the seller (NRG RSS) at your residence. in substantially as good condition as when received. any goods delivered to you under this contract or sale, or you may, if you wish, comply with the instructions of the seller (NRG RSS) regarding the return shipment of the goods at the seller's (NRG expense and risk. If you do make the goods available to the seller (NR6 RSS) and the seller (N R6 R58) does not pick them up within 20 days of the date of your Notice of Cancellation. you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller (NR6 RSS). or if you agree to return the goods to the seller (NRG RSS) and fail to do so, then you remain liable for performance of all obligations under the contract. To cancel this transaction, mail or deliver a signed and dated copy of this Cancellation Notice or any other written notice, or send a telegram, to NRG RESIDENTIAL SOLAR SOLUTIONS LLC, at P.O. Box 304; Houston. TX 77001 NOT LATER THAN MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE ABOVE DATE. I HEREBY CANCEL THIS TRANSACTION. (Date) (Lessee's signature) Lease Number. Exhibit 2. Page 2 45121 000109 DocuSign Envelope ID: Exhibit 3-NJ State-Specific Rights: New Jersey 1. Registered Contractor. Each contractor and subcontractor performing home improvements in the State of New Jersey must be registered with the Division of Consumer Affairs in the Department of Law and Public Safety (the ?Division"). NRG home improvement contractor registration number with the Division is 13VH07535600 2. Subcontractor(s). The name and business address of any subcontractoris) that NRG RSS intends to engage in connection with the mounting of the System at the Property is set forth below: Name: Roof Diagnostics Solar and Electric, LLC Address: 2333 Highway 34 Wall NJ 08735 3. Start and Completion Dates for the solar system: a) Approximate start date: 02/09/2015 b) Approximate completion: 06/09/2015 4. Access to Credit Report. NRG RSS will obtain a copy of your credit report in order to perform a credit evaluation. If you have elected to place a security freeze on your credit report pursuant to the New Jersey Identity Theft Prevention Act. N.J.S.A. 56:11-44 et seq, and the freeze is in effect at the time NRG RSS requests your credit report. you agree to contact the appropriate consumer reporting agency in accordance with the provisions of 56:11-46 of the Identity Theft Prevention Act to request access to your credit report by NRG RSS. 5. Insurance Certi?cate. NRG RSS will provide you with evidence of commercial general liability insurance coverage at the time of execution of the Lease. 6. NRG RSS may substitute any equipment or any product installed, including photovoltaic panels and inverters. for an equal or better quality product. 7. Cancellation of lease notice: NOTICE TO CONSUMER YOU MAY CANCEL THIS CONTRACT AT ANY TIME BEFORE MIDNIGHT OF THE THIRD BUSINESS DAY AFTER RECEIVING A COPY OF THIS CONTRACT. IF YOU WISH TO CANCEL THIS CONTRACT. YOU MUST EITHER: 1. SEND A SIGNED AND DATED WRITTEN NOTICE OF CANCELLATION BY REGISTERED OR CERTIFIED MAIL, RETURN RECEIPT REQUESTED: 0R 2. PERSONALLY DELIVER A SIGNED AND DATED WRITTEN NOTICE OF CANCELLATION TO. NRG RESIDENTIAL SOLAR SOLUTIONS LLC PO. Box 304 Houston. Texas 77001 If you cancel this contract within the three-day period. you are entitled to a full refund of your money Refunds must be made within 30 days of the contractor's receipt of the cancellation notice. 8 The return check fee is $20. 9. The fee for late payment is $10 for each minimum payment that is due. with the fee being due starting on the tenth day alterthe due date. Lease Number. Exhibit 3, Page 1 45121 000110 DocuSign Envelope ID: 4 LIMITED WARRANTY AND PERFORMANCE GUARANTEE THIS DOCUMENT DESCRIBES THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY AND PERFORMANCE GUARANTEE COVERING THE SOLAR SYSTEM INSTALLED AT YOUR HOUSE BY INSTALLER UNDER A CONTRACT WITH NRG RESIDENTIAL SOLAR SOLUTIONS LLC LESSOR: NRG RESIDENTIAL SOLAR SOLUTIONS LLC 1000 N. POST OAK ROAD. SUITE 240. HOUSTON TX 77055 (P) 713655-1180 PROPERTY OWNER MAILING ADDRESS: 2980 Fieldcrest Ln. INSTALLER: Terry Bartel Toms River. NJ 08755 USA Roof Diagnostics ADDRESS: 2333 Route 34 2980 Fieldclest Ln. Toms River. NJ Wail NJ 08736 05755 USA Lease Number: 06-0049117081-0004CPAL 1. What is this Limited Warranty? This limited warranty and performance guarantee (this ?Limited Warranty) ts part of the lease agreement ("Lease?) between you and us. NRG RESIDENTIAL SOLAR SOLUTIONS LLC. under which we provide certain limited warranties and a performance guarantee for the Solar System you have agreed to lease from us. In this Limited Warranty. the term "Solar System" means the solar power system to be installed by the "Installer" listed above on NRG behalf at the home and property at the installation address listed above (the "Propel-IV). This Limited Warranty begins on the day we begin to install the Solar System that we are leasing to you under the Lease. This Limited Warranty refers to NRG RESIDENTIAL SOLAR SOLUTIONS LLC. together with its successors and assigns. as or "we" or This Limited Warranty refers to the property owner and any cc-owner listed above. together with any permitted successors. heirs. and assigns. as "yod'. Capitalized terms used but not de?ned have the meanings given to them in the Lease 2. What is the Performance Guarantee? We estimate that on each anniversary of the Production Date. a the Solar System will have produced the Cumulative Anniversary Cumulative Cumulative Estimated Power (kWh) shown on the Guaranteed Power Produchon Estimated Guaranteed Table. We guarantee that as of each anniversary of the Power Production Date. the Solar System will have produced Actual 154 543 Power (as de?ned below) greater than or equal to the 11 corresponding Guaranteed Power (as de?ned below). so long 1 527 as we can monitor the Solar System as described in Section 7 24 398 21 below and you are not in default under the Lease. We refer to this guarantee as the "Performance Guarantee". ?Actual Power" as of each anniversary of the Production 252 Date shall be the cumulative quantity of electricity (in kWh) 553 produced by the Solar System since the Production Date. as 1 measured by NRG RSS by monitoring the Solar System remotely as described in Section 7 below. If at any time NRG 64 057 RSS is unable to monitorthe Solar System remotely. Actual 166 Power shall be estimated by NRG RSS using reasonable 7 230 means. Additionally. Actual Power shall be adjusted to include electricity that NRG RSS reasonably estimates would 79 have been produced during a period of time when the Solar System is shut down or producing less power due to a 203 transmission grid failure. your request. or your failure to I perform any of your obligations underthe Lease or Limited 99 Warranty. 103,875 Lease Number. 06-00491 17081-000-JCPAL 4. Page 1 rg 45121 000111 DocuStgn Envelope ID: "Guaranteed Power" as of each anniversary of the Production Date shall be the Cumulative Guaranteed Power quantity set forth In the Guaranteed Power Table 3. What happens if NRG RSS fails to comply with the Performance Guarantee? ll. in any period ending on an anniversary of the Production Date. NRG RSS fails to comply with the cumulative Performance Guarantee. then within thirty (30) days of the end of the calendar year following the anniversary of the Production Date. we wilt pay you an amount (the "Performance Credit') equal to the difference in between the Guaranteed Power and the Actual Power. b'y? (ii) 3 3 1'3. minus {153} the SUFF- 0531191107 Performance Credits Example for illustrative purposes only: Column A Column 8 Column Column Column Column Column Column ti 1 Net Performance Credit aid" Production Performance Pegngnualztgechrleectlits cumula?ve De?cit Credit" to it ?Note: For example only: Anniversary Cumulative Cumulative Actual (kWh) a or assumes $0.10lkWh of Production Estimated Guaranteed Power ""0135 For credit rate Date Power (kWh) Power (kWh) example only: [Column c- assumes . Column (if 50 tolkWh [Column total priorlo [Column - Column (if positive? credit rate applicable year] positive? Year 1 6,000 5.400 6.000 nla nla nla 50 Year 2 12.000 10.800 10.750 50 $5 $0 $5 Column Year 3 320- Year 3 18.000 15.200 16.000 200 $20 $5 3 ?5 Column Year2 $5 Column Year4 580- Year at 24.000 21.600 20.800 800 $80 Column Year 3 $15 Column Year 4 $20 $20 560 Year 5 30.000 27.000 28.100 nla nla Na 50 $331: :girfg?ssi Column Year 6 5100- Year 6 36.000 32.400 31.400 1000 3100 Column Year 4 $60 Column Gsngar 6 580 380 ?Note: For example only: assumes credit rate 4. What happens if the Solar System performs better than the Performance Guarantee? if the Solar System performs better than the Performance Guarantee. such that it produces more Actual Power than the Guaranteed Power. then this surplus energy is yours at no additional cost. The Guaranteed Power and Actual Power are based on the cumulative amount of energy (kWh) produced by the Solar System since the Production Date. so the surplus energy will be automatically included in Actual Power and will offset any future periods of lower electricity production. 5. What does this leited Warranty cover. and for how long? Under this Limited Warranty. we are providing you with the following limited warranties and performance guarantee Lease Number. 06-0049117081-000-JCPAL Exhibit 4. Page 2 45121 000112 DocuSign Envelope ID. 41 What is covered? How long is it covered? 5A. Limited Warranty on Installation and Use of Solar System We warrant that the Solar System is of good quality. is new when installed. and is constructed and installed in a good workmanlike manner according to Prudent Solar Practices (as de?ned in Section 17 below) We also warrant the Solar System. under normal use and service conditions. against any defect or de?ciency in workmanship. if we breach this warranty. we will. at our option. (it repair or replace the Solar System. or (ii) continue to pay to you the required amounts under the Performance Guaranlee. without making the repair or replacement. The Term (as de?ned in Section 1 of the Lease) 53. Limited Warranty on Roo?ng Penetrations from instaliation We wanant each roo?ng penetration made in connection with installing the Solar System. and the surrounding area within a ?ve (5) inch radius of each penetration. against damage to the roof and againstwater in?ltration through the roof. if we breach this warranty. we will repairthe damage to your roof and the physical damage to your property from any resulting water in?ltration. For five (5) years starting on the date we begin to install the Solar System. 5C. Limited Warranty on Roo?ng Penetrations from Removal Upon removal of the Solar System from your Property. we warrant the roo?ng repair work around each roo?ng penetration made in connection with installing the original Solar System. and the surrounding area within a ?ve (5) inch radius of each penetration. against damage to the roof and against water in?ltration through the roof. This warranty only applies if we elect to remove the Solar System in accordance with Section 8.3 of the Lease or if you require us to remove the Solar System in accordance with Section 8.3 of the Lease. if we breach this warranty. we will repair the damage to your roof and the covered physical damage to your property from any resulting water in?ltration. For one (1) year starting on the date we begin to remove the Solar System from your Property. 5D. Limited Warranty on Damage to Property and Belongings We warrant the Solar System and instaliation and repair work by us and our designated contractors against damage to your Property and belongings. if we breach this warranty. we will repairthe damage covered by this warranty or pay you the replacement value for such damage. For the entire Term. starting on the day we begin to install the Solar System. 5E. Performance Guarantee If the cellular or intemet connection described in Section 7 below is available. we guarantee the performance of the Solar System under the Performance Guarantee de?ned and described above in Section 2. lfwe breach the Performance Guarantee. we will pay you a Performance Credit as explained above in Section 3. For the entire Term. starting on the Production Date. 6. What about my roof warranty? installation of a Solar System may void any existing roo?ng wananty of the roof manufacturer or roof installer. NRG RSS assumes no responsibility in relation to any existing roo?ng warranties. whether voided or not. after or during the installation of the Solar System. except to the extent expressiy set forth in Section 5 7. Do I need to have an intemet connection? Will NRG RSS monitor the Solar System? in order for us to monitor the Solar System and provide you with the Performance Guarantee. your Property must have the for the NRG RSS Solar System monitor ("the System Monitor") to connect to a cellular network compatible with the System Monitor (?Compatible Celiular Network'). if your Property cannot be successfully connected by installer to 8 Compatible Cellular Network. you vrnil need to provide. at your own expense. a intemet connection through your home network for the System Monitor. If your Property cannot be sumessfully connected by Installer to 8 Compatible Cellular Network. you must notify NRG RSS whether or not you will provide an intemet connection through your home network. If you provide this intemet connection for the System Monitor. you need to provide installer access to the intemet connection. Additionally. for your intemet connection to meet the requirements of this Limited Warranty. your home network must be con?gured so that TCP ports 80. 20 and 21 are open and (ii) access to primary and secondary DNS servers is open. Lease Number. 06-00491 17081-000-JCPAL Exhibit 4. Page 3 45121 000113 DocuSign Envelope ID 10. Lease Number. (JG-004911 7081-0004CPAI. Exhibit 4. Page 4 r9 If the System Monitor remains successfully connected to the internet through the connection you provide. or rf the System Monitor is able to connect to a Compatible Cellular Network. we will monitor the Solar System remotely at no additional cost to you. Additionally. we will notify you if we receive monitoring information indicating that the Solar System is not Operating correctly. You agree to notify us immediately if the electricity or your provided intemet connection described above will not be available for more than forty-eight (48) hours. If you fail to provide the electricity or intemet connection described above for any period of time. we may estimate the power produced by the Solar System using reasonable means IF THE SYSTEM MONITOR RELIES ON YOUR INTERNET CONNECTION. AND IF YOU FAIL TO PROVIDE THE ELECTRICITY 0R INTERNET CONNECTION DESCRIBED ABOVE FOR A PERIOD OF THIRTY (30) DAYS OR WE WILL NO LONGER PROVIDE YOU WrTr-i THE PERFORMANCE GUARANTEE. AND IF SUCH ELECTRICITY OR INTERNET CONNECTION FAILURE OCCURS DUE TO CIRCUMSTANCES WITHIN YOUR CONTROL DURING THE FIRST SIX YEARS FOLLOWING THE INTERCONNECTION DATE. NRG RSS MAY DECLARE YOU IN DEFAULT OF THE LEASE IN ACCORDANCE WITH SECTION 10 OF THE LEASE lithe Property location does not have Compatible Cellular Network coverage through the Term and you cannot or will not provide internet access as described above. you accept and agree that: NRG RSS will be unable to properly monitor the Solar System; (ii) NRG RSS cannot provide the Performance Guarantee; NRG RSS will not be liable to you in the event that the Actual Production is less than the Guaranteed Production and (iv) NRG RSS and its authorized representatives will require access your Property to inspect and service the Solar System for a period of 6 (six) years from the Interconnection Date What is not covered by this Limited Warranty? This Limited Warranty does not require us to perform or provide any of the excluded work described in Section 3.4 of the Lease Additionally, under this Limited Warranty. we are not providing any warranty of speci?c electrical performance of the Solar System, other than the Performance Guarantee. What circumstances void this Limited Warranty, so that it does not apply? The limited warranties and the Performance Guarantee set forth in this Limited Warranty are void and do not apply to reduced or lost electricity production or to repairs, improvements. corrections. or replacements of the Solar System required by or resulting from any of the following: your gross negligence or your intentional damage to the Solar System. or your breach of. or failure to perform your obligations under the Lease or this Limited Warranty; any actual or attempted installation. repair. alteration. replacement. or modi?cation made by any person other than one of NRG designated contractors; or shading due to foliage or other obstacles that shade the Solar System more than the Solar System's location was shaded on the date you signed the Lease. Under what circumstances will NRG RSS not be In breach of this Limited Warranty? NRG RSS will not be in breach of this Limited Warranty because of any failure or delay in complying with its limited warranty. Performance Guarantee. or other obligations under this Limited Warranty if such failure or delay Is the result of your failure to perform your obligations under the Lease or this Limited Warranty. including to provide NRG RSS access to the Solar Systemmore events of Force Majeure (as de?ned below) or their effects. Additionally. the periods allowed for the performance by NRG RSS of its obligations under this Limited Warranty shall be extended for so long as such Force Majeure events or effects continue. In order to claim relief due to Force Majeure. however. NRG RSS must provide you with prompt notice of the event of Force Majeure, to the extent reasonably practicable; (ii) the suspension of NRG performance must be of no greater duration and scope than that required by the event of Force Majeure; and NRG excused obligation must not be one which arose before the event of Force Majeure and which should have been fully performed before the event of Force Majeure occurred. For purposes of this Agreement. the term "Force Majeure" means acts of God or the public enemy; war; hostilities; riots; terrorism; theft; any weather condition or actions of the elements; hurricane; flood: lightning; wind; drought. earthquakes; ?res; ?oods; explosion: accidents; riots; strikes or other signi?cant labor disputes; unavailability of electricity from the transmission grid; power or voltage surge caused by someone other than NRG RSS or its representatives; unavailability or failure of equipment not utilized by or under the control of NRG RSS or its representatives: the binding order of any governmental authority (provided that such order has been resisted in good faith by all reasonable legal means); the failure to act on the part of any governmental authority (provided that such actron has been timely requested and diligently pursued); or any other causes. whether or not of the 45121000114 DocuSign Envelope ID: 11. 12. 13. 14. same class or kind as those speci?cally named above. which are not within the reasonable control of NRG RSS or its representatives and which. by the exercise of reasonable diligence. NRG RSS and its representatives are unable to prevent How can you ask a question or submit a claim to get service? How may we notify you? To ask a question regarding this Limited Warranty. you may mil us at 713-655-1 180 during normal busrness hours To submit a claim or provide any other notice under this Limited Warranty. you must send us the request in writing by email. fax. certi?ed or registered ?rst-class mail. past prepaid. with a return receipt requested. or a reputable courier service requiring signature for receipt To submit a claim or otherwise notify us by email. send an email to: rss.maintenance@nrgenergy com To submit a claim or otherwise notify us by fax. send a fax to: 832-379?5199 to) To submit a claim or otherwise notify us by mail or courier. send the letter to: NRG RESIDENTIAL SOLAR SOLUTIONS LLC PO. Box 304 Houston, Texas 77001 Attention: Warranty Claims To notify you under this Limited Warranty, we may send you a notice in writing in the manner described above. to the email address. fax number. or mailing address provided in the Lease or any subsequent contact information that you give us under the Lease or under this Limited Warranty. The parties agree that any faxed or emailed document shall be deemed an original document. All notices of arbitration must be sent by mail or courier. in the manner described above. What happens if you submita claim? What will we do to correct problems. and what will we not do? if we receive a claim under this Limited Warranty from you. we will review your claim and notify you within ?ve (5) business days whether your claim is covered by this Limited Warranty. if we cannot make this determination without inspecting the Solar System. we will send our employee. contractor or agent to your Property within ten (10) business days of the date we receive your claim. and we will then notify you within ?ve (5) business days of the visit as to whether your claim is covered by this Limited Warranty. (3) If your claim is covered by this Limited Warranty. then as required by Section 5. we will either pay you the required amounts under the Performance Guarantee or make the repair or replacement within a reasonable period of time. at no cost to you. We may use new or reconditioned parts to make repairs. We will use commercially reasonable efforts to replace parts with the same type of equipment. but we may substitute types of equipment If necessary. Any equipment substitution will not change our Perionnance Guarantee obligations. Additionally. at our option but at no additional cost to you. we may elect to make cosmetic repairs that are not covared by this Limited Warranty orto upgrade or add to any part of the Solar System to ensure that it perforrns according to the Performance Guarantee. if your claim is not covered by this Limited Warranty. or if your claim is covered but we elect under Section 5A to pay you the required amounts under the Performance Guarantee without making any repair or replacement. then you may request that we make the repair or replacement at your expense. We will send a contractor selected by us to your Property to provide yOu with a price quote for the requested services. You may then elect whether to have the contractor provide the requested services. at the quoted price The price quote will be based on standard pricing terms that are on a time and materials basis. What happens If you want to move the Solar System to renovate or repair your home. or for any other reason? The Solar System may only be moved by our designated contractor. and only in order to permit you to renovate or repair the Property at your request and your expense. We will send a contractor to your Property to provide you with a price quote for moving the Solar System. You may then elect whether to have the contractor move the Solar System. at the quoted price. The price quote will be based on standard pricing terms that are on a time and materials basis. What happens if you transfer your rights and obligations under the Lease? This Limited Warranty only protects the person leasing the Solar System. if you transfer all of your rights and obligations under the Lease to a buyer of your Property in a manner that is permitted by the Lease. then your remaining rights and obligations under this Limited Warranty will automatically transfer to the buyer. Lease Numben Exhibit 4. Page 5 45121 000115 DocuSign Envelope ID 15. 16. 17. 18. 19. 20. Lease Number. 06-00491 17081-000-JCPAL Exhibit 4. Page 6 rg YOU MAY NOT OTHERWISE TRANSFER YOUR RIGHTS OR OBLIGATIONS UNDER THIS LIMITED WARRANTY IF YOU TRANSFER ANY OF YOUR RIGHTS AND OBLIGATIONS UNDER THE LEASE TO ANY PERSON IN A MANNER THAT IS NOT PERMITTED BY THE LEASE. THEN WE WILL NOT HONOR A CLAIM MADE UNDER THIS LIMITED WARRANTY BY THE BUYER OF YOUR PROPERTY OR ANY OTHER PERSON May NRG RSS assign Its rights and obligations under this Limited Warranty? Yes. NRG RSS may transfer. sell. or otherwise assign all or any of its rights andlor obligations under this Limited ir'iiarranty to another party. without your col-sent and without prior notice is yes. Any assignment cf NRG obligations under this Limited Warranty will be to a party that is quali?ed to perform such obligations and that expressly accepts responsibility in writing for our obligations under this Limited Warranty. Upon such transfer, sale or assignment, NRG RSS shall be released from all future obligations under this Limited Warranty. What happens If you want NRG RSS to remove the Solar System? It you have a right under Section 8.3 of the Lease to require us to remove the Solar System. and if you properly notify us under this Limited Warranty and request that we remove the Solar System. then at no cost to you. we will remove the Solar System and waterproof the roof penetrations that result from the removal. What are the standards by which NRG RSS must pertorm under this Limited Wan'anty? The standards for our performance under this Limited Warranty will be applicable Prudent Solar Practices or as otherwise speci?ed in this Limited Warranty. "Prudent Solar Practices" means those standards of are and diligence normally practiced by solar engineering. construction and installation ?rms in performing services of a similar nature in the geographic region where your Property is located and in accordance with good engineering design practices. (ii) applicable law (including local codes and standards). any applicable governmental approvals and permits. and (iv) any applicable requirements of the local utility. Each Solar System shall be constructed. instalied. and repaired in a good workmanlike manner. using principles. criteria and standards generally accepted for use by a contractor in connection with residential photovoltaic solar power systems of a similar size and type as the Solar System. What are the limitations on NRG liability under this Limited Warranty? 18.1 LIMITED WARRANTY. EXCLUSIVE REMEDY. THE LIMITED WARRANTIES AND PERFORMANCE GUARANTEE DESCRIBED IN SECTION 5 AND SECTION 2 ABOVE ARE THE ONLY EXPRESS WARRANTIES AND GUARANTEE MADE BY NRG RSS WITH RESPECT TO THE SOLAR SYSTEM AND ITS OPERATION. NRG RSS HEREBY DISCLAIMS. AND YOU AND ALL OTHER BENEFICIARIES OF THIS LIMITED WARRANTY HEREBY WAIVE, ANY OTHER EXPRESS WARRANTY OR GUARANTEE WITH RESPECT TO THE SOLAR SYSTEM. ITS OPERATION. AND ANY COST SAVINGS FROM USING THE SOLAR SYSTEM. THE REPAIR, REPLACEMENT AND PAYMENT REMEDIES DESCRIBED UNDER THIS LIMITED WARRANTY ARE YOUR SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF THIS LIMITED WARRANTY. 18.2 LIMITED DURATION OF IMPLIED WARRANTIES. ANY IMPLIED WARRANTIES ARISING UNDER STATE LAW. INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. HABITABILITY. AND MERCHANTABILITY. SHALL IN NO EVENT EXTEND BEYOND THE END OF EXPRESS WARRANTIES DESCRIBED IN SECTION 5 ABOVE. How does state law relate to this Limited Warranty? This Limited Warranty gives you speci?c legal rights. and you may also have other rights. which vary from state to state. How does this Limited Wan-anty relate to the Lease? This Limited Warranty is an exhibit to the Lease and is subject to all of the terms and conditions of the Lease. In the event of an express con?ict between this Limited Warranty and the Lease. the terms of this Limited Warranty will control. 45121 000116 DocuSign Envelope ID: Exhibit 5 OWNERSHIP OF ENVIRONMENTAL ATTRIBUTES AND INCENTIVES As discussed in Section 6 of the Lease. the Environmental Attributes and Incentives with respect to the Solar System are owned as indicated by the checked box(es) below [it All Environmental Attributes and Incentives are the sole property of NRG RSS: or The Environmentai Attributes and Incentives described below are the preperty of Customer ("Customer's Incentives?) and all Environmental Attributes and Incentives not described below (?Other Incentives") are the sole property of NRG RSS CI Lease Number. Exhibit 5. Page 1 45121 000117