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06 -017 Thrane Lease1000 N. POST OAK ROAD, SUITE 240, HOUSTON TX 77055 | (P) 800-757-6527 | WWW.NRGHOMESOLAR.COM Lease Number: [10-0049248977-000-0000]; Lease Version .01 NRG Residential Solar Solutions LLC, d/b/a NRG Home Solar, is a wholly owned subsidiary of NRG Energy, Inc. © 2015 NRG Energy, Inc. All rights reserved. SOLAR POWER SYSTEM LEASE Between NRG Home Solar and Mary Ann Thrane Margaret Ryan DATE: August 25, 2015 TERMS AND CONDITIONS OF YOUR SOLAR POWER SYSTEM LEASE NRG Home Solar Lease Quick Facts You have the option to purchase the Solar System at the seventh (7th) anniversary of the Production Date or at the expiration of the Lease Term as described in the Lease. If you move, you may transfer the Lease to a purchaser of your Property or you can prepay the remaining balance, as described in the Lease. At the end of the term of the Lease you will have the option to: renew the Lease, purchase the Solar System or request removal of the Solar System from your Property as described in the Lease. NRG Home Solar insures, maintains and repairs the Solar System at no additional cost to you, as described in the Lease. NRG Home Solar will monitor the Solar System at no additional cost to you, as described in the Lease. NRG Home Solar guarantees the Solar System’s kWh production, as described in the Lease. See remaining sections of this Lease for other important terms. The monthly Lease payment does not include taxes, if applicable. See Section 2.3 for more information on taxes. Description of Leased Solar System The Solar System is a 5.04 KW DC (STC) photovoltaic system, consisting of photovoltaic modules, inverter(s), mounting system(s) and monitoring system(s) Estimated annual kWh Consumption Prior to Solar:Year One: 5225.00 kWhs Estimated Solar Electricity Output:Year One: 5045 kWhs Term (20 Years): 89752 kWhs Estimated Solar Electricity rate per kWh:Year One: $0.158 Monthly Lease Payments:Year One: $ 66.43 per month, for 240 total monthly lease payments. Lease Escalator:0% Optional Buy Down Payment:$0.00 Total Lease Payments over 20 years:$15943.20 Performance Guarantee Each year we will measure cumulative production and reimburse you for underproduction according to Exhibit 4. You will not pay extra for any surplus energy produced by the system. Amount Due at Lease Signing:$0 Delivery/Installation Fee:$0 Other Chargers (not part of your monthly payment, if any):$0 Amount Due at Delivery (production date):$____ Cost to Insure the Solar System:$0, see section 12. Property Owner: Mary Ann Thrane Margaret Ryan Email: trane704@comcast.net Phone: 4135842466 Fax: Property Owner Mailing Address: 357 Haydenville Rd Street Address Line 1 Street Address Line 2 Northampton MA 01053 City State Zip Installation Address: 357 Haydenville Rd Street Address Line 1 Street Address Line 2 Northampton MA 01053 City State Zip DocuSign Envelope ID: 3B9494EB-FE19-4637-AAE8-00A9BFB1BEF5 In Process Lease Number: [10-0049248977-000-0000]; Lease Version .01 NRG Residential Solar Solutions LLC, d/b/a NRG Home Solar, is a wholly owned subsidiary of NRG Energy, Inc. © 2015 NRG Energy, Inc. All rights reserved. TABLE OF CONTENTS Page 1. LEASE..............................................................................................................................................................................1 2. PAYMENTS ....................................................................................................................................................................2 3. INSTALLATION PROCESS AND CHANGES.........................................................................................................3 4. YOUR SOLAR SYSTEM OBLIGATIONS.................................................................................................................5 5. OWNERSHIP OF SOLAR SYSTEM AND ELECTRICITY ....................................................................................6 6. OWNERSHIP OF ENVIRONMENTAL ATTRIBUTES AND INCENTIVES......................................................7 7. WHAT HAPPENS IF YOU TRANSFER YOUR HOME ..........................................................................................7 8. WHAT HAPPENS AT THE END OF THE TERM ....................................................................................................8 9. OPTION TO PURCHASE ............................................................................................................................................8 10. WARRANTY DISCLAIMER .....................................................................................................................................9 11. DEFAULT......................................................................................................................................................................9 12. INSURANCE; INDEMNITY; LIMITATION OF LIABILITY ..........................................................................10 13. ARBITRATION........................................................................................................................................................11 14. NOTICES....................................................................................................................................................................12 15. ASSIGNMENT .........................................................................................................................................................12 16. NO THIRD PARTY BENEFICIARIES; MISCELLANEOUS...........................................................................12 17. ENTIRE AGREEMENT; RELATIONSHIP TO LIMITED WARRANTY.........................................................13 18. GOVERNING LAW...................................................................................................................................................13 19. YOUR SIGNATURE .................................................................................................................................................13 20. DATE OF LEASE.......................................................................................................................................................13 NOTICE OF RIGHT TO CANCEL........................................................................................................................................14 DocuSign Envelope ID: 3B9494EB-FE19-4637-AAE8-00A9BFB1BEF5 In Process . 1 Lease Number: [10-0049248977-000-0000]; Lease Version .01 NRG Residential Solar Solutions LLC, d/b/a NRG Home Solar, is a wholly owned subsidiary of NRG Energy, Inc. © 2015 NRG Energy, Inc. All rights reserved 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 THE INSTALLER UNDER A CONTRACT WITH NRG HOME SOLAR. NRG Home Solar 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 below. 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 NRG Home Solar’s obligations under the Limited Warranty and the Performance Guarantee or your obligations to make 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 Home Solar’s or your obligations under this Lease. See Sections 3.8 and 3.9. 1. LEASE 1.1 Lease The cover page hereof and the boldface notes above are incorporated into and made a part of this solar power system lease (this “Lease”). This Lease is the agreement between “you” (which includes the property owner and any co- owner listed above, together with any estates, heirs, successors and permitted assigns), and NRG Home Solar, a d/b/a of NRG Residential Solar Solutions LLC, a Delaware limited liability company (together with its successors and assigns, “NRG Home Solar” or “seller” or “we” or “us”) covering the lease to you of the solar power system (the “Solar System”) described as follows: a solar photovoltaic system consisting of photovoltaic modules, inverter(s), mounting system(s) and monitoring system(s) built in material accordance with a solar system design that you will have approved, with a guaranteed production of electricity as set forth on Exhibit 4. This Lease includes the following five (5) exhibits: Exhibit 1 shows the monthly Lease Payments due each month during the Term of this Lease, as well as the Prepayment Amount; Exhibit 2 is the notice of cancellation to be used if you decide to exercise your statutory right to cancel this Lease; Exhibit 3 is a list of additional rights you may have based on the state in which the Solar System will be installed, if any; Exhibit 4 is the Limited Warranty and Performance Guarantee (as defined in Section 2.2 below); and Exhibit 5 is the Home Owners Association Notice, Waiver, and Amendment for your review and signature. 1.2 Property; Production Date; Term The Solar System will be installed by the installer chosen by NRG Home Solar (the “Installer”) (listed above, or NRG Home Solar may change the Installer by written notice to you) and its subcontractors on NRG Home Solar’s behalf at the home and property at the installation address listed above (the “Property”). NRG Home Solar will use Installers approved by it and requires those Installers to be properly licensed and insured to perform work at your home as well as have properly licensed employees and/or subcontractors to install your Solar System. The “Production Date” is the day the Solar System is interconnected with the utility’s electrical transmission grid and starts producing power. NRG Home Solar relies on a written report from Installer to establish the Production Date. NRG Home Solar will lease the Solar System to you for a period of twenty (20) years from the first day of the month following the Production Date (the Lease’s “Term”). NRG Home Solar will begin to invoice you after the Production Date. 1.3 When this Lease becomes Effective This Lease shall not be effective unless and until it is signed by you and by NRG Home Solar. DocuSign Envelope ID: 3B9494EB-FE19-4637-AAE8-00A9BFB1BEF5 In Process . 2 Lease Number: [10-0049248977-000-0000]; Lease Version .01 NRG Residential Solar Solutions LLC, d/b/a NRG Home Solar, is a wholly owned subsidiary of NRG Energy, Inc. © 2015 NRG Energy, Inc. All rights reserved 2. PAYMENTS 2.1 Payments (a) You are responsible for paying the Optional Buy Down Payment, if applicable, as set forth on the cover page of this Lease. Mail your check or money order for the Optional Buy Down Payment (if any) to: NRG Home Solar P.O. Box 1304 Houston, TX 77251-1304 (b) During the Term of the Lease, you are responsible for making the monthly Lease Payments as set forth on Exhibit 1. Your first monthly payment will be due on the first day of the month following the Production Date. (c) If you elect to make automatic monthly Lease Payments from your checking or savings account for the remaining balance of the Lease Term, then you will receive a one-time credit of forty dollars ($40) to your account after three consecutive months of automatic monthly Lease Payments (“ACH Credit”). The monthly Lease Payments listed above do not reflect this ACH Credit. The ACH Credit, if applicable, will be identified on your invoice and credited to your account after you make three consecutive automatic monthly Lease Payments. If you elect to make Lease payments by check or money order then you are responsible for mailing your payment to the address listed in section 2.1 (a) above. 2.2 Prepayment You may prepay all of your remaining Lease Payments during the Term (excluding any renewal rights) after the six year anniversary of the Production Date, by paying NRG Home Solar a prepayment amount (the "Prepayment Amount") as set forth on Exhibit 1. Please contact NRG Home Solar to discuss your Prepayment options prior to the six year anniversary of the Production Date. If you pay the Prepayment Amount, you will have no further Lease Payments, but it will not change either party’s other rights or obligations under this Lease or under the included limited warranty and performance guarantee we are providing you for the Solar System (the “Limited Warranty and Performance Guarantee”) attached as Exhibit 4. Prepayment is not a purchase of the Solar System. A condition of Prepayment before the six year anniversary of the Production Date is that you provide access to the Solar System’s data and usage information through the electronic monitoring as set forth in Section 4.4 below. If for any reason such electronic monitoring access is not provided or is inaccessible due to your action or inaction, you will owe the amount of any lost rebates and/or incentives, which may be added to your Prepayment Amount by NRG Home Solar in its sole discretion. 2.3 Estimated Taxes(a) The Optional Buy Down Payment, monthly Lease Payments and the Prepayment Amount do not include taxes. You agree to pay all taxes and fees on the Optional Buy Down Payment, Prepayment Amount and Lease Payments, including but not limited to any sales, use and personal property taxes, license and registration fees, assessments, and other taxes, fees, and governmental charges on or related to the Solar System (“Estimated Taxes”), as invoiced by NRG Home Solar or invoiced directly by your local jurisdiction, unless specifically prohibited by law. (b) Based on current tax rates as of the date you are signing this Lease, the personal property, sales and use tax portions of the Estimated Taxes you will pay in addition to the monthly Lease Payments during the Term are estimated to be $ 0.00. This amount is only an estimate and final amounts will be invoiced by NRG Home Solar or directly by your local jurisdiction. (c) If you become the owner of the Solar System, you agree to pay directly or reimburse NRG Home Solar for any related taxes and fees that have not already been paid in accordance with Subsection (a), unless specifically prohibited by law. Further, if you become the owner of the Solar System you agree that you are releasing NRG Home Solar from any further obligations regarding the Solar System and its maintenance, including, but not limited to the Limited Warranty and Performance Guarantee. 2.4 Late Fee; Returned Check Fees You agree: (a) to pay interest on Lease Payments and any Estimated Taxes as invoiced by NRG Home Solar that are more than thirty (30) days past due in the amount of 1% per month on any such unpaid balance, or as set forth on Exhibit 3 but not more than the maximum interest rate permitted by law, together with any reasonable collection costs, attorneys’ fees, court costs, and post- DocuSign Envelope ID: 3B9494EB-FE19-4637-AAE8-00A9BFB1BEF5 In Process . 3 Lease Number: [10-0049248977-000-0000]; Lease Version .01 NRG Residential Solar Solutions LLC, d/b/a NRG Home Solar, is a wholly owned subsidiary of NRG Energy, Inc. © 2015 NRG Energy, Inc. All rights reserved judgment collection fees relating to such unpaid balances as permitted by law; and (b) to pay a return check fee or payment denial fee of $25, but not more than the maximum permitted by law each time your bank refuses or returns your check or automatic payment under Section 2.5. 2.5 Method of Payment When NRG Home Solar executes this Lease, you are responsible for making your monthly payments by check or money order by mailing it to the address listed in 2.1 (a). Or, if you elect to make automatic payments then you will be responsible for setting up your monthly Lease Payments (if any) with NRG Home Solar by submitting a copy of a voided check via mail or by secure fax: NRG HOME SOLAR Attention Accounts Payable Department P.O. Box 1304 Houston, TX 77251-1304 Secure Fax: 1-866-781-0407 2.6 ABSOLUTE PAYMENT OBLIGATION THIS IS A NET LEASE AND YOU ARE NOT ENTITLED TO ANY REDUCTION OF LEASE PAYMENTS OR ANY OTHER AMOUNTS PAYABLE UNDER THIS LEASE. ALL LEASE PAYMENTS AND OTHER AMOUNTS PAYABLE BY YOU UNDER THIS LEASE SHALL BE MADE ABSOLUTELY AND UNCONDITIONALLY WITHOUT SET-OFF, COUNTERCLAIM, RECOUPMENT, DEFENSE OR OTHER RIGHTS THAT YOU MAY HAVE AGAINST NRG HOME SOLAR OR ANY OTHER PERSON WHATSOEVER. 3. INSTALLATION PROCESS AND CHANGES 3.1 Conditions to Installation NRG Home Solar’s obligation to install and lease the Solar System is conditioned upon completion of the following, to our reasonable satisfaction: (a) approval of this Lease by our financing partners; (b) our receipt of all required building, land use, zoning, and other permits and approvals; (c) our confirmation that all Incentives, as defined in Section 6.2, will be available to our satisfaction; and (d) completion of real estate due diligence to our satisfaction, which shall include but not be limited to confirmation that your Property is at least 300 yards from any golf course and completion of an on-site engineering inspection to determine whether your Property is suitable for installation and operation of the Solar System. If during or at the conclusion of the real estate due diligence period described above we determine that any of the above conditions will not be satisfied in a timely manner due to any reason beyond our reasonable control, or if we determine that the economic terms or other circumstances make it impracticable to install or maintain the Solar System, then we may cancel this Lease, by refunding the Optional Buy Down Payment you paid, if any, and we will not owe you any other amounts under this Lease. 3.2 System Design and Approval; Right to Cancel Before installation of the Solar System, you will receive a copy of the Solar System’s design, after which you will have five (5) business days to approve the design or to request a change to it. If you do not respond within this five day period, in our sole discretion, we may deem you to have cancelled the Lease, (in which case we will refund any Optional Buy Down Payment you made) or we may deem you to have approved the design. The Solar System may be installed at any time after we get your approval. If you reject the Solar System design prior to the expiration of the five day period and request a change to the design of the Solar System before installation starts, we will use commercially reasonable efforts to accommodate your request, but in the event such change increases the cost of the Solar System or its installation, or decreases the expected output of the Solar System, you must agree to (i) a corresponding increase in the Lease Payments, and (ii) if applicable, a corresponding decrease in the Guaranteed Power (as defined in the Limited Warranty and Performance Guarantee). Any such changes to the Lease Payments and any agreed changes to the Solar System specifications in this Lease will be documented in an amendment to this Lease signed by you and NRG Home Solar. If you fail to sign the amendment within five business days, we may, in our sole and absolute discretion, deem you to have decided to move forward with the design and proceed accordingly or we may deem you to have rejected the design and cancel this Lease. DocuSign Envelope ID: 3B9494EB-FE19-4637-AAE8-00A9BFB1BEF5 In Process . 4 Lease Number: [10-0049248977-000-0000]; Lease Version .01 NRG Residential Solar Solutions LLC, d/b/a NRG Home Solar, is a wholly owned subsidiary of NRG Energy, Inc. © 2015 NRG Energy, Inc. All rights reserved NRG Home Solar may, in its sole discretion and without your consent or prior notice to you, authorize the installation of equipment and materials that differ from the approved Solar System design but are 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 Limited Warranty and Performance Guarantee or the Lease Payments. 3.3 Right to Cancel Lease Due to Significant Change from Initial Estimates If in preparing the Solar System’s Design we determine that the Solar System’s production may under produce by 2% or more than our initial production estimates, or overproduce by 10% or more than our initial production estimates, you will be presented with an updated Lease for your approval. In this event, you may approve the updated Lease by signing it or, either you or NRG Home Solar may cancel this lease before such approval of the Solar System Design and NRG Home Solar shall refund any Optional Buy Down Payment you paid, if applicable, and we will not owe you any other amounts under this Lease. If this Lease is terminated under this Section 3.3, then NRG Home Solar will work in good faith to offer you a new lease agreement that reflects the solar photovoltaic system appropriate for your Property which you may accept or reject at your discretion. This cancellation right terminates the day you approve and sign the System Design. 3.4 Excluded Work This Lease does not require NRG Home Solar or the Installer to perform any of the following excluded work in connection with the installation of the Solar System at the Property (this list is by way of examples and is not intended to be exhaustive): (i) removal, disposal, or remediation of any hazardous materials; (ii) removal, disposal, or remediation of any fungus, mold, mildew, or other organic pathogens; (iii) removal or replacement of structural deterioration, rust, rot, or insect- infestation; (iv) replacement or improvement to the existing roof or structural framing; (v) replacement or improvement to the existing electrical system; (vi) replacement or improvement to bring any portion of the existing Property up to local code; (vii) correction of any construction errors, omissions, or deficiencies by you or your contractors (other than the Installer); (viii) installation of sprinklers, smoke detectors, or life safety equipment required by inspectors or the law as a result of the installation of a Solar System; (ix) removal, replacement, or relocation of any vegetation, existing equipment, or other existing obstacles; (x) relocation of any items that are not associated with a Solar System; (xi) painting of electrical boxes or conduit; or (xii) municipal design or architectural review or any other specialty permits or attendance at public hearings, notification of neighbors, or additional drawings in connection with the foregoing. If any of the foregoing excluded work must be performed in order to install properly the Solar System, you agree to contract separately with the Installer or a third-party contractor to perform the excluded work, at your expense. 3.5 Documentation; Permits You agree to execute and to assist NRG Home Solar 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 Home Solar 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 Home Solar is unable to obtain any Incentives solely as a result of your delay in assisting either NRG Home Solar or Installer, your Lease Payments will be increased to account for the Incentives that we or the Installer could not 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 (a) If Installer fails to begin installation of the Solar System for a period of sixty (60) days after your approval of the design, 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 Home Solar may cancel this Lease and NRG HOME SOLAR will refund to you any Optional Buy Down Payment you paid, if applicable. (b) If you cause the installation or setup of the Solar System to be delayed for a period of sixty (60) or more days after we get your approval of DocuSign Envelope ID: 3B9494EB-FE19-4637-AAE8-00A9BFB1BEF5 In Process . 5 Lease Number: [10-0049248977-000-0000]; Lease Version .01 NRG Residential Solar Solutions LLC, d/b/a NRG Home Solar, is a wholly owned subsidiary of NRG Energy, Inc. © 2015 NRG Energy, Inc. All rights reserved the design, NRG HOME Solar may cancel this Lease, and NRG Home Solar will refund to you any Optional Buy Down Payment you paid, if applicable. 3.8 Installer Not NRG Home Solar’s Agent Unless NRG Home Solar is your Installer, the Installer is an independent contractor of NRG Home Solar and not the agent of NRG Home Solar and has no authority to modify this Lease, the Limited Warranty and Performance Guarantee or any other document or agreement between you and NRG Home Solar. Installer and its subcontractors are not parties to this Lease or the Limited Warranty and Performance Guarantee. 3.9 No Side Agreements NRG Home Solar 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 Home Solar, 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 Home Solar’s or your obligations under this Lease. 4. YOUR SOLAR SYSTEM OBLIGATIONS 4.1 General Obligations You agree: (a) to notify us within 24 hours of discovery if any part of the Solar System is stolen or damaged, or if any other emergency situation exists regarding the Solar System; (b) to notify us within 24 hours if you believe that the electronic monitor is not working properly or that the Solar System is otherwise not working properly; (c) to allow the Solar System to be moved, removed, or repaired only according to the Limited Warranty, and to cooperate with those repairs; (d) not to do anything to the Solar System that invalidates or voids the Limited Warranty; (e) not to change or remove the tags or markings on the Solar System; (f) not to do anything to your Property that shades the Solar System and to trim trees, shrubs, and other vegetation that shade the Solar System more than it was shaded at the date you signed this Lease; (g) not to do anything to your Property or allow any condition that results in the Solar System failing to perform as originally intended or in the Solar System no longer being connected to the local utility; (h) not to use the Solar System’s electricity to heat a swimming pool; (i) that NRG Home Solar may periodically check your consumer credit report during the Term as allowed by applicable law but the results will not impact the Lease in any way; (j) to provide a safe work area at your Property for installing and maintaining the Solar System; (k) to inspect and clean the solar panels from ground level but only if possible in a safe and prudent manner, including (i) removing snow or ice to reduce the likelihood of excess snow or ice sliding or falling and causing property damage or bodily harm, only if and when conditions allow you to do so safely, in each case in a manner that does not scratch the panels and (ii) cleaning of the panels with water only (no pressure washers, no chemicals) in temperatures between 45 and 85 degrees Fahrenheit and before 9:00 am or after 6:00 pm. You will be provided suggested guidelines to assist you in cleaning the Solar System, if practicable; and (l) to use the Solar System for personal, family or household purposes. 4.2 Access Rights You will cooperate reasonably with and give us, the Installer, and our other authorized contractors and agents reasonable access to all of the Property: (a) to design, install, test, operate, inspect, improve, repair, replace, move, and remove the Solar System and any related equipment near the Solar System or necessary to interconnect the Solar System to the electrical system of your Property or your local utility; (b) to take any other action relating to the Solar System, this Lease, or the Limited Warranty; and (c) to allow NRG Home Solar to enforce its rights under this Lease and under applicable law. We will notify you before we enter your Property, if commercially reasonable, and will reasonably cooperate to schedule our visits at convenient DocuSign Envelope ID: 3B9494EB-FE19-4637-AAE8-00A9BFB1BEF5 In Process . 6 Lease Number: [10-0049248977-000-0000]; Lease Version .01 NRG Residential Solar Solutions LLC, d/b/a NRG Home Solar, is a wholly owned subsidiary of NRG Energy, Inc. © 2015 NRG Energy, Inc. All rights reserved times. We may access your Property until and through the one hundred twentieth (120th) day after the Term of this Lease expires, to allow us or our contractors or agents to remove the Solar System from your Property in accordance with this Lease. 4.3 Preservation of Access and Ownership Rights You grant NRG Home Solar the right to reasonably access the Property for the reasons set forth in this Lease. You further grant us the right to preserve our access and ownership rights of the Solar System. NRG Home Solar may file an appropriate record evidencing our ownership and interest in and to the Solar System in the appropriate property records where the Property is located. If we request, you agree to complete, execute, and return within ten (10) business days any documents that we deem reasonably necessary to preserve our access and ownership rights in the Solar System. 4.4 Monitor; Net Metering Service You agree to use the 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 and Performance Guarantee 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 Home Solar. NRG Home Solar reserves the right to take certain actions (including with the utility on your behalf) so that the Solar System maintains Net Metering Service. Before the six-year anniversary of the Production Date, if NRG Home Solar cannot access data through the required monitoring device due to your action or inaction, you will owe the amount of any lost rebates and/or incentives in addition to any other amounts due and owing under this Agreement. 4.5 Photos You agree we can take photos of the Solar System and use the photos and any graphical representations of the Solar System in our marketing or other promotional materials. Such photos, if taken, shall not include any identifiable information concerning the location of the Property or your identity, unless you expressly agree otherwise in writing. 4.6 Consumer Credit Reports; Disclosure By signing this Lease, you agree that NRG Home Solar may: (a) access your consumer credit report(s) and credit score(s) with all or any of the following entities: Experian, TransUnion, Equifax, FICO, or any other entity that provides consumer financial information; and (b) disclose information obtained under this Section 4.6 to NRG Home Solar affiliates and its actual or prospective financing partners, investors, insurers, and acquirers of all or a portion of our business or assets for the purpose of evaluating your creditworthiness. 5. OWNERSHIP OF SOLAR SYSTEM AND ELECTRICITY 5.1 Ownership of Solar System You agree that NRG Home Solar is the owner of the Solar System and all data related to the performance and kWh production of the Solar System, and that the Solar System is NRG Home Solar’s personal property for purposes of the Uniform Commercial Code and shall not be considered a fixture on the Property. You agree to keep the Solar System free and clear of all claims, liens, levies, and other charges and encumbrances not created by NRG Home Solar. NRG Home Solar reserves the right to file, and typically will file, UCC-1 Financing Statement(s), or other similar state specific filings, on the Solar System to protect its ownership rights in the Solar System. The Solar System will not be subject to any lien, security interest, claim, mortgage or deed of trust that may be imposed on or assessed against your interest in any property belonging to you. You will have no right to sell, give, transfer, remove, tamper, or move the Solar System at any time, except as expressly stated in this Lease. 5.2 Loss or Damage to Solar System You will be responsible for loss and damage to the Solar System caused by you or anyone you invite onto the Property. NRG Home Solar will bear all other risk of loss and damage to the DocuSign Envelope ID: 3B9494EB-FE19-4637-AAE8-00A9BFB1BEF5 In Process . 7 Lease Number: [10-0049248977-000-0000]; Lease Version .01 NRG Residential Solar Solutions LLC, d/b/a NRG Home Solar, is a wholly owned subsidiary of NRG Energy, Inc. © 2015 NRG Energy, Inc. All rights reserved Solar System. If the Solar System suffers loss or damage, (i) NRG Home Solar shall timely repair the Solar System, or (ii) continue to pay to you the required amounts under the Performance Guarantee, without making the repair in NRG Home Solar’s sole discretion. You shall continue to pay the Lease Payments and you shall not be excused from any of your other obligations under this Lease. 5.3 Ownership of Electricity; Additional Electricity You will be the owner of all electricity produced by the Solar System during the Term and you will have control and title to electricity produced by the Solar System prior to the time, if any, when it is delivered to the distribution grid and transferred to the local utility. You acknowledge and agree that if you need more electricity than the Solar System produces you will be solely responsible for purchasing such additional electricity from your utility. 6. OWNERSHIP OF ENVIRONMENTAL ATTRIBUTES AND INCENTIVES 6.1 Environmental Attributes In this Lease, “Environmental Attributes” means all existing and future fuel, emissions, air quality, and other environmental characteristics, credits, benefits, reductions, offsets, and allowances (including SRECs green tags and carbon and other emissions offsets): (i) resulting from the generation or use of electricity by the Solar System, (ii) resulting from the avoidance of the emission of any gas, chemical or other substance to the air, soil or water attributable to the generation or use of electricity by the Solar System, or (iii) arising out of any law, rule or regulation, in each case whether federal, state, or local. 6.2 Incentives In this Lease, “Incentives” means all Environmental Attributes, plus all existing and future tax credits, depreciation, and other tax benefits, treasury and other cash grants, utility and other rebates, incentives, subsidies, and renewable energy credits and certificates related to the Solar System (including its installation, operation, ownership, and generation of electricity) and any other non-power characteristics of the Solar System, in each case whether federal, state, or local. 6.3 Rights in Incentives Our ability to use the Incentives effectively allows us to offer you the Lease on all of the terms contained in this Lease. Therefore, unless expressly stated otherwise in an amendment to this Lease executed by both you and NRG Home Solar, or unless otherwise prohibited by applicable law, all Incentives shall be the sole property of NRG Home Solar to use as we see fit, whether those benefits exist now or in the future. You hereby assign to NRG Home Solar all of your existing and future rights to the Incentives and their benefits, including any amounts paid or payable to you in respect of the Incentives. You agree to cooperate reasonably and to assist NRG Home Solar in obtaining the Incentives and their benefits, including by completing and filing and correcting any applications and assignments. 6.4 Claims and Representations Unless expressly stated otherwise in an amendment to this Lease executed by both you and NRG Home Solar, or unless otherwise prohibited by applicable law, NRG Home Solar 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 Home Solar 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 Home Solar to such Environmental Attributes and Incentives. 7. WHAT HAPPENS IF YOU TRANSFER YOUR HOME If you sell or otherwise transfer your Property before the end of the Term you may transfer your rights and obligations under the Lease to the prospective buyer if: i) you have already prepaid all Lease Payments in accordance with Section 2.2; or ii) the prospective buyer meets our credit requirements, we approve of an DocuSign Envelope ID: 3B9494EB-FE19-4637-AAE8-00A9BFB1BEF5 In Process . 8 Lease Number: [10-0049248977-000-0000]; Lease Version .01 NRG Residential Solar Solutions LLC, d/b/a NRG Home Solar, is a wholly owned subsidiary of NRG Energy, Inc. © 2015 NRG Energy, Inc. All rights reserved assignment, and the buyer agrees to assume the obligations of this Lease, including the responsibility for the Lease Obligations and Lease Payments. If the prospective buyer does not meet our credit requirements and you owe some Lease Payments you may transfer your remaining rights and obligations under this Lease to the prospective buyer 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 prospective buyer a fee for the transfer. You will remain liable for all of your obligations under this Lease and for any default after the prospective buyer becomes the new owner until you, the new owner, and NRG Home Solar 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 prior written notice if you want to transfer any of your rights and obligations under this Lease to someone else. If you do not prepay the Solar System or transfer the Lease according to this Section, you will be in default of this Lease in accordance with Section 11. EXCEPT AS PROVIDED ABOVE IN THIS SECTION 7, YOU SHALL NOT SELL, PLEDGE, ASSIGN, SUBLEASE, OR TRANSFER YOUR RIGHTS OR OBLIGATIONS UNDER THIS LEASE OR YOUR INTEREST IN THE SOLAR SYSTEM WITHOUT OUR PRIOR WRITTEN CONSENT. 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, for a period of five (5) years, so long as you meet NRG Home Solar’s credit requirements (“Renewal Term”). The Lease Payments during the Renewal Term will be based on the fair market value of the Solar System as of the first day of the Renewal Term, as determined by us based on readily available independent information or, at your request, as determined by an independent appraiser selected by NRG Home Solar and paid for 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. 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 as set forth in section 9 below. 8.3 Taking Other Actions If you do not renew this Lease or exercise your option to purchase the Solar System at the end of the Term, then within ninety (90) days after the Term expires: (a) if you are not in default under this Lease and we request to remove the Solar System, then we may remove the Solar System at no cost to you; (b) if you are in default under this Lease and we request to remove the Solar System, then you will pay for us to remove the Solar System; (c) if you are not in default under this Lease and we have not requested to remove the Solar System, then you may request in writing that we remove the Solar System at no cost to you and we shall remove the system within one hundred twenty (120) days after we receive your removal request; or (d) if you do not request removal of the Solar System in accordance with 8.3(c) above and NRG Home Solar does not elect to remove the Solar System, you shall become the owner of the Solar System conveyed to you “as is, where is” and you thereby release NRG Home Solar from any and all obligations including any implied or expressed warranties regarding the Solar System, its operations, and/or its maintenance. 9. OPTION TO PURCHASE 9.1 If you are not in default under this Lease, you will have the option to purchase the Solar System in the following circumstances: i. on the seventh (7th) anniversary of Production Date, at the Purchase Option Price for such anniversary on Exhibit 1. ii. at the expiration of the Term, for the Purchase Option Price for such time on Exhibit 1. iii. subject to our sole discretion at all other times, including in connection with the sale of your home. Please contact DocuSign Envelope ID: 3B9494EB-FE19-4637-AAE8-00A9BFB1BEF5 In Process . 9 Lease Number: [10-0049248977-000-0000]; Lease Version .01 NRG Residential Solar Solutions LLC, d/b/a NRG Home Solar, is a wholly owned subsidiary of NRG Energy, Inc. © 2015 NRG Energy, Inc. All rights reserved NRG Home Solar at: 713-655-1180 to discuss the possibility of purchasing the Solar System. 9.2 To purchase the Solar System, you must notify us at least thirty (30) days prior to the applicable Purchase Option Date and you must pay the amounts due within thirty (30) days of receiving the invoice we send you. “Purchase Option Date” means either the 7th anniversary of the Production Date, or the expiration of the Term. 9.3 The “Purchase Option Price” is the greater of: (i) the applicable amount set forth in the table provided in Exhibit 1; or (ii) the then fair market value of the Solar System as determined by reference to a readily available independent source such as PV Value, available at www.pvvalue.com or similar. 9.4 Once we have received and processed your payment in full pursuant to this Section 9, 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. Further, you understand that you thereby release NRG Home Solar from any and all obligations including any implied or expressed warranties regarding the Solar System, its operations, and/or its maintenance. NRG Home Solar will make commercially reasonable efforts to transfer any equipment warranties (as allowed and to the extent still in effect pursuant to their terms) to you as the new owner of the Solar System. 10. WARRANTY DISCLAIMER EXCEPT AS EXPRESSLY PROVIDED IN THIS LEASE, NRG HOME SOLAR 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 HOME SOLAR DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, HABITABILITY, OR FITNESS FOR A PARTICULAR USE OR PURPOSE. 11. DEFAULT 11.1 EVENTS OF DEFAULT YOU WILL BE IN DEFAULT OF THIS LEASE IF YOU SELL, PLEDGE, ASSIGN, SUBLEASE, OR TRANSFER YOUR RIGHTS OR OBLIGATIONS UNDER THIS LEASE WITHOUT OUR PRIOR WRITTEN CONSENT. Additionally, you will be in default if (a) you do not make a payment within ten (10) days after each due date; (b) you violate any other obligation under this Lease and such violation continues for fifteen (15) days after you receive written notice; or (c) you provide false or misleading information to us. You will also be in default if you voluntarily commence bankruptcy, insolvency, reorganization, stay, or similar debtor-relief proceedings, or if any of the foregoing proceedings are brought involuntarily against you, or if you become insolvent or generally do not pay debts as they become due, or admit in writing your inability to pay debts, or make an assignment for the benefit of creditors, or if a writ of attachment or execution is levied on the Solar System and is not released or satisfied within ten (10) days, or if a receiver is appointed in any proceeding or action to which you are a party with authority to take possession or control of the Solar System, or if you have defaulted on your mortgage or the Property is subject to foreclosure. 11.2 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: (a) take action to prevent loss, correct your default, or otherwise enforce performance of this Lease, by court action or otherwise; (b) terminate this Lease and your interest in the Solar System; (c) require you to return the Solar System at your cost or allow us to access the Property and remove and return the Solar System at your cost; (d) take back the Solar System with or without court order or other process of law, so long as we are within our rights under the law; and (e) recover damages for your breach, including (i) all accrued and unpaid Lease Payments, taxes, fees, penalties, interest and all other amounts then accrued or due and owing under this Lease, plus (ii) the unpaid balance of the remaining Lease Payments, as described by the DocuSign Envelope ID: 3B9494EB-FE19-4637-AAE8-00A9BFB1BEF5 In Process . 10 Lease Number: [10-0049248977-000-0000]; Lease Version .01 NRG Residential Solar Solutions LLC, d/b/a NRG Home Solar, is a wholly owned subsidiary of NRG Energy, Inc. © 2015 NRG Energy, Inc. All rights reserved Prepayment Amount set forth on Exhibit 1, plus (iii) reasonable compensation (on a net after tax basis assuming a tax rate of 35%) for the loss or recapture of (A) the investment tax credit or cash grant equal to 30% of the basis of the Solar System for U.S. federal income tax purposes if such breach is before the seven year anniversary of the Production Date; (B) any other Incentives or their benefits (in respect of which NRG Home Solar will provide you with a detailed calculation of the resulting compensation if NRG Home Solar makes a claim for such compensation), and (C) accelerated depreciation over seven (7) 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 choose 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. 12. INSURANCE; INDEMNITY; LIMITATION OF LIABILITY 12.1 NRG Home Solar Insurance At no additional cost to you, NRG Home Solar will insure the Solar System against loss and damage, excluding loss and damage that is caused by your gross negligence or intentional misconduct. NRG requires Installers to have and maintain insurance coverage in accordance with NRG Home Solar requirements and in accordance with applicable law. 12.2 Your Insurance You must insure your Property during the Term under a homeowner’s insurance policy or substantially similar insurance policy coverage to the extent required by the laws in your state. 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 coverage, for making any necessary additions or corrections to your insurance policy and for the consequences of failing to make such additions or corrections. 12.3 INDEMNITY TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU MUST PAY NRG HOME SOLAR FOR ANY LOSS IT SUFFERS THAT IS CAUSED BY YOUR NEGLIGENCE OR INTENTIONAL MISCONDUCT, EXCEPT THAT YOU WILL NOT BE REQUIRED TO PAY TO THE EXTENT THAT THE LOSS WAS CAUSED BY NRG HOME SOLAR’S OWN GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT. AS USED IN THIS SECTION 12.3, THE WORD “LOSS” MEANS AN AMOUNT THAT NRG HOME SOLAR IS LEGALLY RESPONSIBLE FOR OR PAYS IN ANY FORM. SUCH AMOUNTS INCLUDE, FOR EXAMPLE, A LEGAL JUDGMENT OR ARBITRAL AWARD, A SETTLEMENT, A FINE, DAMAGES, INJUNCTIVE RELIEF, COMPENSATION FOR SALARY OR WAGES, COMPENSATION FOR A DECREASE IN PROPERTY VALUE, AND EXPENSES FOR DEFENDING AGAINST A CLAIM FOR A LOSS (INCLUDING ATTORNEYS’ FEES AND FEES OF EXPERT WITNESSES AND OTHER ADVISERS IN CONNECTION WITH SUCH A CLAIM). A LOSS CAN BE TANGIBLE OR INTANGIBLE; CAN ARISE FROM BODILY INJURY, PROPERTY DAMAGE, OR OTHER CAUSES; CAN BE BASED ON ANY LEGAL THEORY OF RECOVERY; AND INCLUDES INCIDENTAL, DIRECT, AND CONSEQUENTIAL DAMAGES. A LOSS IS CAUSED BY AN EVENT IF THE LOSS WOULD NOT HAVE OCCURRED WITHOUT THE EVENT, EVEN IF THE LOSS WAS NOT A DIRECT OR FORESEEABLE RESULT OF THE EVENT. WITHOUT LIMITING LOSSES TO ONLY THE FOLLOWING, LOSSES MAY INCLUDE: THOSE ARISING FROM THE ELECTRICITY PRODUCED BY THE SOLAR SYSTEM, OR OUT OF OR AS A RESULT OF ANY HAZARDOUS OR TOXIC SUBSTANCE, POLLUTANT OR CONDITION ON YOUR PROPERTY THAT WAS NOT BROUGHT ONTO THE PROPERTY BY NRG HOME SOLAR OR THE INSTALLER. NRG HOME SOLAR WILL NOTIFY YOU, IN ACCORDANCE WITH SECTION 14 OF THIS LEASE, WITHIN A REASONABLE TIME AFTER NRG HOME SOLAR KNOWS OF A CLAIM FOR A LOSS THAT YOU MIGHT BE OBLIGATED TO PAY. NRG HOME SOLAR’S FAILURE TO GIVE TIMELY NOTICE, HOWEVER, DOES NOT TERMINATE YOUR OBLIGATION TO PAY, EXCEPT TO THE EXTENT THAT NRG HOME SOLAR’S FAILURE ACTUALLY PREJUDICES YOUR ABILITY TO DEFEND THE CLAIM OR MITIGATE A LOSS. NRG HOME SOLAR’S RIGHTS UNDER THIS SECTION 12.3 DO NOT AFFECT OTHER RIGHTS THAT NRG HOME SOLAR MIGHT HAVE. DocuSign Envelope ID: 3B9494EB-FE19-4637-AAE8-00A9BFB1BEF5 In Process . 11 Lease Number: [10-0049248977-000-0000]; Lease Version .01 NRG Residential Solar Solutions LLC, d/b/a NRG Home Solar, is a wholly owned subsidiary of NRG Energy, Inc. © 2015 NRG Energy, Inc. All rights reserved THIS SECTION 12.3 SHALL BE FULLY ENFORCEABLE EVEN AFTER THE TERMINATION OR EXPIRATION OF THIS LEASE. 12.4 Limitation of Liability To the extent permitted by state law, notwithstanding any other provision of this Lease, your total liability under this Lease, excluding claims under Section 12.3, shall not exceed the maximum amount that could be payable by you under Section 11.2. Notwithstanding any other provision of this Lease, NRG Home Solar’s 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 Home Solar under the Limited Warranty. THIS AMOUNT OF LIABILITY IS YOUR SOLE AND EXCLUSIVE REMEDY, AND YOU HEREBY WAIVE ALL OTHER REMEDIES OR DAMAGES AT LAW OR EQUITY, INCLUDING ANY DAMAGES FOR NEGLIGENCE OR STRICT LIABILITY OR ANY OTHER GREATER RIGHTS THAT YOU MIGHT HAVE UNDER THE LAWS OF THE STATE THE PROPERTY IS LOCATED IN, WHICH YOU SHOULD CONSULT. 12.5 No Consequential Damages Each party may only recover direct damages under this Lease. In no event shall you or NRG Home Solar, 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, profits, business opportunity, reputation or financing, or any punitive damages, special damages, whether arising in contract, warranty, tort (including negligence), strict liability or otherwise. Nothing in this Lease shall affect the liability of, or impose liability on, any person for personal injury, or change or override any state law regarding consequential damages for personal or other injuries. 13. ARBITRATION 13.1 Arbitration of Claims; Waiver of Jury Trial Any dispute, disagreement or claim between you and NRG Home Solar arising out of or in connection with this Lease, or the Solar System, which cannot be amicably resolved by the parties shall be submitted to final and binding arbitration, in accordance with Consumer Arbitration Rules of the American Arbitration Association (the “AAA Consumer Rules”). In the event of a conflict between the provisions of the AAA Consumer Rules and the provisions of this Lease, the provisions of this Lease shall govern. Any in-person arbitration proceedings shall be conducted at a location that is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by the AAA. This agreement to arbitrate is governed by the Federal Arbitration Act. While a dispute, disagreement or claim is being resolved under this Section 13, both parties shall continue to perform their obligations under this Lease. The arbitration shall be conducted by one arbitrator appointed in accordance with the AAA Consumer Rules. YOU AND NRG HOME SOLAR AGREE THAT BY ENTERING INTO THIS LEASE, YOU AND WE ARE WAIVING THE RIGHT TO A JURY TRIAL. IN ADDITION, EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THIS ARBITRATION CLAUSE REPLACES THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN THE EVENT OF ANY DISPUTE BETWEEN YOU AND NRG HOME SOLAR AS TO WHETHER CLASS OR COLLECTIVE ARBITRATION IS AVAILABLE UNDER THIS AGREEMENT, THE PARTY DESIRING A RESOLUTION MUST SUBMIT SUCH DISPUTE TO A COURT HAVING JURISDICTION, AND DOING SO WILL NOT WAIVE THE RIGHT TO ARBITRATE ANY OTHER DISPUTE UNDER THIS LEASE. OTHER RIGHTS THAT YOU OR NRG HOME SOLAR WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. 13.2 Finality of Award The award of the arbitrator (the “Arbitration Award”): (i) shall be conclusive, final, and binding upon the parties; and (ii) shall be the sole and exclusive remedy between the parties regarding any and all claims and counterclaims presented to the arbitrator. Judgment on the DocuSign Envelope ID: 3B9494EB-FE19-4637-AAE8-00A9BFB1BEF5 In Process . 12 Lease Number: [10-0049248977-000-0000]; Lease Version .01 NRG Residential Solar Solutions LLC, d/b/a NRG Home Solar, is a wholly owned subsidiary of NRG Energy, Inc. © 2015 NRG Energy, Inc. All rights reserved Arbitration Award may be entered in any court having jurisdiction. 13.3 Expenses If you initiate the arbitration, you will be required to pay the first $200 of any filing fee. If we initiate the arbitration, we will pay the initial filing fee. All other filing fees, administrative fees charged by the AAA, any AAA expenses, and arbitrator compensation and expenses of the arbitrator, including required travel and other expenses, as well as any costs relating to proof and witnesses produced at the direction of the arbitrator, shall be borne in accordance with the Costs of Arbitration section of the AAA Consumer Rules. Unless the arbitrator’s award provides otherwise, we will each bear all of our own attorneys’ fees and costs. I HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE ‘ARBITRATION’ PROVISION TO NEUTRAL ARBITRATION, WAIVING ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. CUSTOMER’S INITIALS:______\i6\_____ DATE:____\d6\____ CUSTOMER’S INITIALS:______\i7\_____ DATE:____\d7\____ CONTRACTOR’S INITIALS:_\i5\________ DATE:: \d5\_______ 14. NOTICES All notices and other communications required or permitted under this Lease shall be properly given by the sending party when made in writing and: (i) delivered by a reputable courier service requiring signature for receipt; (ii) mailed by certified or registered first-class mail, postage prepaid, with a return receipt requested; (iii) sent by fax as evidenced by a printed confirmation from the sending party’s fax machine; or (iv) emailed, in each case to the other party’s address set forth on the cover page of this Lease or such other address notified by the other party in writing from time to time. The parties agree that any faxed or emailed document shall be deemed an original document; however, all notices of arbitration must be sent according to the AAA Consumer Rules. 15. ASSIGNMENT 15.1 NRG Home Solar NRG Home Solar may transfer, sell, or otherwise assign all or any of its rights and/or obligations under this Lease or any Incentive to any other party without your consent and without prior notice to you. Assignment, sale or transfer generally means that NRG Home Solar would transfer certain of its rights and certain of its obligations under this Lease to another party. You understand and agree that NRG Home Solar may assign, sell, or transfer (in whole or in part) this Lease, the Solar System, or the Solar System Environmental Attributes and/or Incentives as permitted by this Section 15.1, together with or separately from any related documents, including the Limited Warranty and Performance Guarantee. Upon any such separate transfer, sale or assignment, NRG Home Solar will continue to be solely responsible to you with respect to the installation-related obligations under this Lease and the Limited Warranty and Performance Guarantee, as set forth in Exhibit 4, and you agree to enforce such obligations solely against NRG Home Solar. Only in the event of a transfer or assignment of all of NRG Home Solar’s rights and obligations shall we be released from all future obligations under the Limited Warranty and Performance Guarantee. NRG Home Solar could choose to transfer the Solar System or this Lease to another party by lease. If NRG Home Solar enters into such a lease, you agree to treat the party who acquires NRG Home Solar’s rights and obligations as your lessor. If NRG Home Solar transfers the Solar System or this Lease, NRG Home Solar will remain the designated contract service representative until you receive notice of a replacement for NRG Home Solar. 15.2 Except as provided in Section 7, you shall not sell, pledge, assign, 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. 16. NO THIRD PARTY BENEFICIARIES; MISCELLANEOUS No person that is not a party to this Lease has any right to enforce any term of this Lease, except as expressly required by applicable law. All rights, powers and remedies provided under this Lease are cumulative and not exclusive of any rights, powers, or remedies provided by applicable law or otherwise. Neither of us shall be deemed to have waived any right or remedy DocuSign Envelope ID: 3B9494EB-FE19-4637-AAE8-00A9BFB1BEF5 25 August 2015 25 August 2015 25 August 2015 In Process . 13 Lease Number: [10-0049248977-000-0000]; Lease Version .01 NRG Residential Solar Solutions LLC, d/b/a NRG Home Solar, is a wholly owned subsidiary of NRG Energy, Inc. © 2015 NRG Energy, Inc. All rights reserved 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. 17. ENTIRE AGREEMENT; RELATIONSHIP TO LIMITED WARRANTY THIS LEASE INCLUDING ALL EXHIBITS CONTAINS THE PARTIES’ ENTIRE AGREEMENT REGARDING THE LEASING OF THE SOLAR SYSTEM, UNLESS MODIFIED IN THE STATE SPECIFIC EXHIBIT. EXCEPT FOR INCREASES TO THE LEASE PAYMENTS UNDER SECTIONS 3.2 AND 3.5, THIS LEASE MAY ONLY BE CHANGED BY AN AMENDMENT IN WRITING SIGNED BY YOU AND NRG HOME SOLAR. THIS PROVISION REQUIRING AMENDMENT IN WRITING MAY ITSELF ONLY BE AMENDED OR WAIVED BY A WRITING SIGNED BY YOU AND NRG HOME SOLAR. IF THIS LEASE TERMINATES, THE LIMITED WARRANTY AND PERFORMANCE GUARANTEE SHALL AUTOMATICALLY TERMINATE. NRG HOME SOLAR MAY ASSIGN ALL OR ANY PORTION OF THIS LEASE WITHOUT ASSIGNING THE LIMITED WARRANTY AND, CONVERSELY, NRG HOME SOLAR MAY ASSIGN ALL OR ANY PORTION OF THE LIMITED WARRANTY AND PERFORMANCE GUARANTEE WITHOUT ASSIGNING THIS LEASE. 18. GOVERNING LAW This Lease shall be governed by the laws of the State in which the Property is located (without giving effect to internal principles of conflict of laws). 19. YOUR SIGNATURE By signing this Lease, you represent that (i) if you are signing this Lease on your own behalf, you are both (a) at least eighteen (18) years of age (b) an individual and (c) the owner of this property; (ii) if you are signing this Lease on behalf of an estate, both (a) such estate’s income is subject to U.S. federal income taxation regardless of its source and (b) every person who has an ownership interest in the Property has agreed to be bound by this Lease; (iv) if you are signing this Lease on behalf of a trust, both (a) either (I) a court within the United States is able to exercise primary jurisdiction over administration of such trust and one or more United States persons have authority to control all substantial decisions of such trust or (II) such trust has a valid election in effect under the U.S. Treasury Regulations to be treated as a United States person and (b) every person who has an ownership interest in the Property has agreed to be bound by this Lease; or (v) if you are signing this Lease on behalf of an entity other than as described in clauses (ii), (iii), or (iv) of this Section 19, both (a) such entity is either (I) disregarded as an entity separate from its owner (within the meaning of U.S. Treasury Regulation Section 301.7701-2) and its owner is described by either clause (i), (ii), (iii), or (iv) of this Section 19 or (II) a “domestic partnership” within the meaning of section 7701(a)(30)(B) of the Internal Revenue Code of 1986, as amended, and (b) such entity is not exempt from U.S. federal income taxation. Prior to commencement of Installation, NRG Home Solar will perform a title search on the Property. If anyone has signed this Lease but is not found on the title of the Property, NRG Home Solar will send an amended Lease reflecting only those signatories found on the title of the Property. 20. DATE OF LEASE THE DATE OF THIS LEASE AND THIS TRANSACTION IS August 25, 2015. [The remainder of this page is intentionally left blank] DocuSign Envelope ID: 3B9494EB-FE19-4637-AAE8-00A9BFB1BEF5 In Process . 14 Lease Number: [10-0049248977-000-0000]; Lease Version .01 NRG Residential Solar Solutions LLC, d/b/a NRG Home Solar, is a wholly owned subsidiary of NRG Energy, Inc. © 2015 NRG Energy, Inc. All rights reserved NOTICE TO CUSTOMER: DO NOT SIGN THIS CONTRACT IF THERE ARE ANY BLANK SPACES. YOU ARE ENTITLED TO A SIGNED COPY OF THE CONTRACT. KEEP IT TO PROTECT YOUR LEGAL RIGHTS. NOTICE OF RIGHT TO CANCEL YOU MAY CANCEL THIS LEASE AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE YOU SIGN THIS LEASE. SEE THE ATTACHED “NOTICE OF CANCELLATION” FORM IN EXHIBIT 2 FOR AN EXPLANATION OF THIS RIGHT. BY SIGNING BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS LEASE AND ITS EXHIBITS IN THEIR ENTIRETY, AND THAT YOU HAVE RECEIVED A COPY OF THIS LEASE. PROPERTY OWNER: Mary Ann Thrane NRG RESIDENTIAL SOLAR SOLUTIONS LLC, d/b/a NRG Home Solar On Behalf Of: \LOBH6\_________By: \s8\ Signature: \s6\Name: _\n8\ Date: \d6\________________________Title: ___\t8\ Date: __\d8\ PROPERTY OWNER: Margaret Ryan On Behalf Of: \LOBH7\ Signature: __\s7\ Date: ______\d7\__________________________ Contractor License No. (if required): _NJ13VH06478300; NY50906-H; C10 #999550 Licensing State: __NJ; NY; CA To the extent applicable, any acceptance of this Lease by affirmation through the DocuSign Electronic Signature shall be deemed a binding acceptance of this agreement and shall be valid as a signature. DocuSign Envelope ID: 3B9494EB-FE19-4637-AAE8-00A9BFB1BEF5 Mary Ann Thrane 25 August 2015 Margaret M. Ryan 25 August 2015 In Process 1 DM3\3099235.4 Exhibit 1 LEASE PAYMENTS; PREPAYMENT AMOUNT 1.LEASE PAYMENTS During the Term, you agree to pay a monthly payment (the “Lease Payment”) as set forth in the following table for each month during the twelve (12) month period starting on the applicable anniversary of the date your first Lease Payment is due under the Lease. You acknowledge that the Lease Payment amounts set forth below may increase under Sections 3.2 and 3.5 of the Lease. If applicable, during the Term of the Lease, the monthly Lease Payment will increase annually by a previously agreed to percentage amount (“Payment Escalator”). 2.PREPAYMENT AMOUNT; PURCHASE OPTION PRICE Each “Prepayment Amount” reflected in the below table is the amount you would pay if you elected to prepay the remaining Lease Payments under Section 2.2 of the Lease on the corresponding anniversary noted below of the first Lease Payment due date. However, if you prepay your remaining Lease Payments in connection with the transfer of the Property as described in Section 7, effective as of a date that is not an anniversary of the first Lease Payment due date then NRG Home Solar will prorate 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. As set forth in Sections 2.2 and Section 7 of the Lease, if Prepayment occurs before the six year anniversary of the Production Date, and NRG Home Solar cannot access and monitor the system due to your action or inaction, you will owe the amount of any lost rebates and/or incentives, which may be added to your Prepayment Amount by NRG Home Solar in its sole discretion. The “Purchase Option Price” is the greater of (a) the applicable amount set forth in the following table (b) or the then fair market value of the Solar System as determined by reference to a readily available independent source such as PV Value, available at www.pvvalue.com or similar. Anniversary of First Lease Payment Due Date Lease Payment ($ per month) Prepayment Amount ($) Purchase Option Price 0 $ 66.43 N/A N/A 1 $ 66.43 N/A N/A 2 $ 66.43 N/A N/A 3 $ 66.43 N/A N/A 4 $ 66.43 N/A N/A 5 $ 66.43 N/A N/A 6 $ 66.43 N/A N/A 7 $ 66.43 $ 7227.13 9332.92 8 $ 66.43 $ 6735.58 N/A DocuSign Envelope ID: 3B9494EB-FE19-4637-AAE8-00A9BFB1BEF5 In Process 2 DM3\3099235.4 9 $ 66.43 $ 6297.17 N/A 10 $ 66.43 $ 5792.33 N/A 11 $ 66.43 $ 5267.57 N/A 12 $ 66.43 $ 4716.23 N/A 13 $ 66.43 $ 4138.33 N/A 14 $ 66.43 $ 3527.21 N/A 15 $ 66.43 $ 2889.52 N/A 16 $ 66.43 $ 2218.62 N/A 17 $ 66.43 $ 1514.51 N/A 18 $ 66.43 $ 777.18 N/A 19 $ 66.43 $ 0.00 N/A End of Initial Term N/A N/A $ 3155.62 3.TAXES NOT INCLUDED Each Lease Payment, Prepayment Amount and Purchase Option Price on this Exhibit 1 does not include any applicable taxes. See Section 2.3 for more information. 4.ACH CREDIT NOT INCLUDED Each Lease Payment above does not include the ACH Credit described in Section 2.1(c) of this Lease. The ACH Credit only applies to the monthly Lease Payments and does not apply to the Prepayment Amount or the Purchase Option Price. [The remainder of this page is intentionally left blank] DocuSign Envelope ID: 3B9494EB-FE19-4637-AAE8-00A9BFB1BEF5 In Process Exhibit 2 (Copy to send to NRG Home Solar) NOTICE OF CANCELLATION Date of transaction: 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 DAYS following receipt by the Seller (NRG Home Solar) of your cancellation notice, and any security interest arising out of the transaction will be cancelled. If you cancel, you must make available to NRG Home Solar at your residence, in substantially as good a 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 NRG Home Solar regarding the return shipment of the goods at NRG Home Solar’s expense and risk. If you do make the goods available to the NRG Home Solar and NRG Home Solar 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 NRG Home Solar, or if you agree to return the goods to NRG Home Solar 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 to NRG HOME SOLAR, at P.O. Box 304, Houston, TX 77055 or send by facsimile to (832) 379-5199, NOT LATER THAN MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE ABOVE DATE. If you cancel this transaction, the cancellation becomes effective when the notice of cancellation is given to NRG Home Solar. If you mailed the notice of cancellation, the cancellation is effective when you deposited it in a mailbox so long as the notice of cancellation is properly addressed and postage is prepaid. I HEREBY CANCEL THIS TRANSACTION. (Date) (Customer’s signature) (Customer’s Name - please print) DocuSign Envelope ID: 3B9494EB-FE19-4637-AAE8-00A9BFB1BEF5 In Process Exhibit 2 (Copy for Your Records) NOTICE OF CANCELLATION Date of transaction: 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 DAYS following receipt by the Seller (NRG Home Solar) of your cancellation notice, and any security interest arising out of the transaction will be cancelled. If you cancel, you must make available to NRG Home Solar at your residence, in substantially as good a 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 NRG Home Solar regarding the return shipment of the goods at NRG Home Solar’s expense and risk. If you do make the goods available to the NRG Home Solar and NRG Home Solar 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 NRG Home Solar, or if you agree to return the goods to NRG Home Solar 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 to NRG HOME SOLAR, at P.O. Box 304, Houston, TX 77055 or send by facsimile to (832) 379-5199, NOT LATER THAN MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE ABOVE DATE. If you cancel this transaction, the cancellation becomes effective when the notice of cancellation is given to NRG Home Solar. If you mailed the notice of cancellation, the cancellation is effective when you deposited it in a mailbox so long as the notice of cancellation is properly addressed and postage is prepaid. I HEREBY CANCEL THIS TRANSACTION. (Date) (Customer’s signature) (Customer’s Name - please print) DocuSign Envelope ID: 3B9494EB-FE19-4637-AAE8-00A9BFB1BEF5 In Process 5 Exhibit 3- MA (continued) State Specific Rights – Massachusetts 1.THE LANGUAGE IN SECTION 12 OF THE NRG HOME LEASE REQUIRING ALL DISPUTES TO BE RESOLVED THROUGH A BINDING ARBITRATION IN ACCORDANCE WITH AAA COMMERCIAL RULES IS NOT BINDING IN MASSACHUSETTS. THE CONTRACTOR [NRG HOME] AND THE HOMEOWNER HEREBY MUTUALLY AGREE IN ADVANCE THAT IN THE EVENT THE CONTRACTOR HAS A DISPUTE CONCERNING THIS CONTRACT, THE CONTRACTOR MAY SUBMIT SUCH DISPUTE TO A PRIVATE ARBITRATION SERVICE WHICH HAS BEEN APPROVED BY THE DIRECTOR OF THE EXECUTIVE OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATIONS AND THE CONSUMER SHALL BE REQUIRED TO SUBMIT TO SUCH ARBITRATION AS PROVIDED IN M. G. L. c. 142A. Owner: \s6\ Installer: \s5\_____________________ NOTICE: The signatures of the parties above apply only to the agreement of the parties to alternate dispute resolution initiated by the contractor. The homeowner may initiate alternative dispute resolution even where this section is not signed separately by the parties. DocuSign Envelope ID: 3B9494EB-FE19-4637-AAE8-00A9BFB1BEF5 In Process Exhibit 4 LIMITED WARRANTY AND PERFORMANCE GUARANTEE 1.Terms and Conditions Covering the Following Solar System Installation. LESSOR: NRG HOME SOLAR 1000 N. POST OAK ROAD, SUITE 240, HOUSTON TX 77055 | (P) 713-655-1180 | WWW.NRGHOMESOLAR.COM PROPERTY OWNER: Mary Ann Thrane Margaret Ryan MAILING ADDRESS: 357 Haydenville Rd, Northampton, MA 01053 USA INSTALLATION ADDRESS: 357 Haydenville Rd Northampton, MA 01053 INSTALLER: NRG Home Solar 164 South Park Avenue San Francisco CA 94107 Lease Number: 10-0049248977-000-0000 What is this Limited Warranty? This limited warranty and performance guarantee (this “Limited Warranty and Performance Guarantee”) is part of the Lease agreement between you and us, NRG RESIDENTIAL SOLAR SOLUTIONS LLC, d/b/a NRG HOME SOLAR, under which we provide certain limited warranties and a performance guarantee for the Solar System. In this Limited Warranty, the term “Solar System” means the solar power system to be installed by the “Installer” on NRG Home Solar’s behalf at the home and property at the installation address listed above (the “Property”). This Limited Warranty and Performance Guarantee begins on the day we begin to install the Solar System that we are leasing to you under the Lease. This Limited Warranty and Performance Guaranty will not be in effect if you are in default of this Lease pursuant to Section 11 hereof, including but not limited to violations of Section 4.1 (a) through (l) and Section 4.4. Breach of the Lease may void this section for the duration of your Lease. This Limited Warranty and Performance Guarantee refers to NRG Home Solar, together with its successors and assigns, as “NRG Home Solar” or “we” or “us.” This Limited Warranty and Performance Guarantee refers to the Property Owner and any co-owner listed above, together with any permitted successors, heirs, and assigns, as “you.” Capitalized terms used herein but not defined have the meanings given to them in the Lease. This Limited Warranty and Performance Guarantee terminates upon your purchase of the Solar System in accordance with Section 8.2 and 9 of the Lease. Guaranteed Power Table Anniversary of Production Date Cumulative Estimated Power (kWh) Cumulative Guaranteed Power (kWh) 1 5,045 4,540 2 10,054 9,048 3 15,028 13,525 4 19,967 17,970 5 24,872 22,385 6 29,742 26,768 7 34,579 31,121 8 39,381 35,443 9 44,150 39,735 10 48,885 43,997 11 53,588 48,229 12 58,257 52,431 13 62,894 56,604 14 67,498 60,748 DocuSign Envelope ID: 3B9494EB-FE19-4637-AAE8-00A9BFB1BEF5 In Process 2 2. What is the Performance Guarantee? We guarantee that as of each anniversary of the Production Date, the Solar System will have produced Actual Power (as defined below) greater than or equal to the corresponding Guaranteed Power (as defined below), so long as we can monitor the Solar System as described in Section 4.4 of the Lease and Section 7 below, and you are not in default under the Lease. We refer to this guarantee as the “Performance Guarantee.” “Actual Power” as of each anniversary of the Production Date shall be the cumulative quantity of electricity (in kWh) produced by the Solar System since the Production Date, as measured by NRG Home Solar by monitoring the Solar System remotely as described in Section 7 below. If at any time NRG Home Solar is unable to monitor the Solar System remotely, Actual Power shall be estimated by NRG Home Solar using reasonable means. Additionally, Actual Power shall be adjusted to include electricity that NRG Home Solar reasonably estimates would have been produced during a period of time when the Solar System is shut down or producing less power due to a transmission grid failure, your request, or your failure to perform any of your obligations under the Lease or Limited Warranty and Performance Guarantee. “Guaranteed Power” as of each anniversary of the Production Date shall be the Cumulative Guaranteed Power kWh quantity set forth in the Guaranteed Power Table. 15 72,070 64,863 16 76,610 68,949 17 81,118 73,006 18 85,595 77,035 19 90,040 81,036 20 94,454 85,009 DocuSign Envelope ID: 3B9494EB-FE19-4637-AAE8-00A9BFB1BEF5 In Process 3 3. What happens if the Performance Guarantee is not met? If, in any period ending on an anniversary of the Production Date, the Actual Power is less than the Guaranteed Power, then within thirty (30) days of the end of the calendar year following the anniversary of the Production Date, we will pay you an amount (the “Performance Credit”) equal to (i) the difference in kWh between the Guaranteed Power and the corresponding Actual Power, multiplied by (ii) $ 0.169, minus (iii) the sum of all prior Performance Credits. This Performance Guarantee terminates upon your purchase of the Solar System in accordance with Section 9 of the Lease or if you are in default as set forth in Section 11.1 of the Lease. Example for illustrative purposes only: Column A Column B Column C Column D Column E Column F Column G Column H Cumulative Production Deficit (kWh) Cumulative Net Performance Credits Paid Prior Net Performance Credit to be paid** **Note: For example only: assumes $0.10/kWh credit rate Anniversary of Production Date Cumulative Estimated Power (kWh) Cumulative Guaranteed Power (kWh) Cumulative Actual Power (kWh)[Column C- Column D (if positive)] Cumulative Performance Credit** **Note: For example only: assumes $0.10/kWh credit rate [Column H total prior to applicable year] [Column F – Column G (if positive)] Year 1 6,000 5,400 6,000 n/a n/a n/a $0 Year 2 12,000 10,800 10,750 50 $5 $0 $5 Column F Year 3 $20 – Column G Year 3 $5 =$15Year 3 18,000 16,200 16,000 200 $20 $5 Column F Year 4 $80 – Column G Year 4 $20 = $60 Year 4 24,000 21,600 20,800 800 $80 Column H Year 2 $5 + Column H Year 3 $15 = $20 Year 5 30,000 27,000 28,100 n/a n/a n/a $0 Year 6 36,000 32,400 31,400 1000 $100 Column H Year 2 $5 + Column H Year 3 $15 + Column H Year 4 $60 = $80 Column F Year 6 $100- Column G Year 6 $80 = $20 **Note: For example only: assumes $0.10/kWh credit rate 4. What happens if the Solar System performs better than the Performance Guarantee? If the Solar System performs better than the Performance Guarantee, such that it produces more Actual Power than the Guaranteed Power, you will not pay extra for the surplus energy produced by the Solar System. The Guaranteed Power and Actual Power are based on the cumulative amount of energy (kWh) produced by the Solar System since the Production Date, so the surplus energy will be automatically included in Actual Power and will offset any future periods of lower electricity production. 5. What does this Limited Warranty and Performance Guarantee cover, and for how long? Under this Limited Warranty, we are providing you with the following limited warranties and performance guarantee: DocuSign Envelope ID: 3B9494EB-FE19-4637-AAE8-00A9BFB1BEF5 In Process 4 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 defined in Section 17 below). We also warrant the Solar System, under normal use and service conditions, against any defect or deficiency in workmanship. If we breach this warranty, we will, at our option, (i) repair or replace the Solar System, or (ii) continue to pay to you the required amounts under the Performance Guarantee, without making the repair or replacement. The Term (as defined in Section 1.2 of the Lease) 5B. Limited Warranty on Roofing Penetrations from Installation We warrant each roofing penetration made in connection with installing the Solar System, and the surrounding area within a five (5) inch radius of each penetration, against damage to the roof and against water infiltration through the roof. If we breach this warranty, we will repair the damage to your roof and the physical damage to your property from any resulting water infiltration. For five (5) years starting on the date we begin to install the Solar System. 5C. Limited Warranty on Roofing Penetrations from Removal Upon removal of the Solar System from your Property, we warrant the roofing repair work around each roofing penetration made in connection with installing the original Solar System, and the surrounding area within a five (5) inch radius of each penetration, against damage to the roof and against water infiltration through the roof. This warranty only applies if we elect to remove the Solar System in accordance with Section 8.3 of the Lease or if you require us to remove the Solar System in accordance with Section 8.3 of the Lease. If we breach this warranty, we will repair the damage to your roof and the covered physical damage to your property from any resulting water infiltration. 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 installation and repair work by us and our designated contractors against damage to your Property and belongings. If we breach this warranty, we will repair the 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 internet connection described in Section 7 below is available, we guarantee the performance of the Solar System under the Performance Guarantee defined and described above in Section 2. If we breach the Performance Guarantee, we will pay you a Performance Credit as explained above in Section 3. For the entire Term, starting on the Production Date. 6. What about my roof warranty? Installation of a Solar System may void any existing roofing warranty of the roof manufacturer or roof installer. NRG Home Solar assumes no responsibility in relation to any existing roofing warranties, whether voided or not, after or during the installation of any Solar System, except to the extent expressly set forth in Section 5. 7. Do I need to keep my electricity on and have an internet connection? Will NRG Home Solar monitor the Solar System? In order for us to monitor the Solar System and provide you with the Performance Guarantee, your Property must have the ability for NRG Home’s Solar System monitor (“the System Monitor”) to connect to a cellular network compatible with the System Monitor (“Compatible Cellular Network”). If your Property cannot be successfully connected by Installer to a Compatible Cellular Network, you will need to provide, at your own expense, a persistent internet connection through your home network for the System Monitor. If your Property cannot be DocuSign Envelope ID: 3B9494EB-FE19-4637-AAE8-00A9BFB1BEF5 In Process 5 successfully connected by Installer to a Compatible Cellular Network, you must notify NRG whether or not you will provide an internet connection through your home network. If you provide this internet connection, you need to provide Installer access to the internet connection. Additionally, for your internet connection to meet the requirements of this Limited Warranty, your home network must be configured so that (i) TCP ports 80, 20 and 21 are open and (ii) access to primary and secondary DNS servers is open. If you provide the electricity and the internet connection described above, or if NRG Home Solar provides you with cellular based monitoring at the Production Date, we will monitor the Solar System remotely at no additional cost to you. We will notify you if we receive monitoring information indicating that the Solar System is not operating correctly. If you provide the internet connection at the Production Date but during the Term no longer wish to provide it, then NRG Home Solar may, in its sole discretion, offer you a cellular based monitoring solution at additional cost. You agree to notify us immediately if the electricity or your provided internet connection described above has not been available for forty-eight (48) hours or longer, or you expect that your electricity or internet connection described above will not be available for more than forty-eight (48) hours. If you fail to provide the electricity or internet connection described above for any period of time, we may estimate the power produced by the Solar System using reasonable means. Estimated Production. If (i) the System is shut down for more than seven (7) full twenty-four (24) hour days cumulatively during the Term because of your actions; or (ii) you take some action that significantly reduces the output of the System; or (iii) you don’t trim your bushes or trees to their appearance when you signed this Lease to avoid foliage growth from shading the System; or (iv) your System is not reporting production to NRG Home Solar (e.g. you have disconnected the Monitoring system or the internet connection at your home goes down on the reporting day), then NRG Home Solar will reasonably estimate the amount of power that would have been delivered to you during such System or reporting outages or reduced production periods (“Estimated Production”) and shall consider Estimated Production as actual production for purposes of this paragraph. Estimated Production will be based on our production projections. You will not be charged for Estimated Production when the System is not producing electricity due to NRG Home Solar’s fault, or if it is due to grid failure or power outages caused by someone other than you. If the Property does not have suitable cellular coverage and you cannot or will not provide internet access or the electricity is not available consistently: (i) NRG Home Solar will be unable to properly monitor the Solar System; (ii) NRG Home Solar cannot provide the Performance Guarantee; (iii) NRG Home Solar will not be liable to you in the event that the Actual Production is less than the Guaranteed Production and (iv) you as the owner of the Property agree to allow NRG Home Solar and its authorized representatives to access your Property to inspect and service the Solar System for a period of 6 years from the Production Date. 8. What is not covered by this Limited Warranty? This Limited Warranty and Performance Guarantee does not require us to perform or provide any of the excluded work described in Section 3.4 of the Lease. Additionally, under this Limited Warranty, we are not providing any warranty of specific electrical performance of the Solar System, other than the Performance Guarantee. 9. What circumstances void this Limited Warranty, so that it does not apply? The limited warranties and the Performance Guarantee set forth in this Limited Warranty and Performance Guarantee 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 modification made by any person other than NRG Home Solar or one of its 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. ● your purchase of the Solar System in accordance with section 9 of the Lease. DocuSign Envelope ID: 3B9494EB-FE19-4637-AAE8-00A9BFB1BEF5 In Process 6 10. Are there circumstances in which NRG Home Solar will not be in breach of this Limited Warranty? Yes. NRG Home Solar will not be in breach of this Limited Warranty and Performance Guarantee because of any failure or delay in complying with its limited warranty, Performance Guarantee, or other obligations under this Limited Warranty and Performance Guarantee if such failure or delay is the result of (a) your failure to perform your obligations under the Lease or this Limited Warranty and Performance Guarantee, including to provide NRG Home Solar access to the Solar System, or (b) one or more events of Force Majeure (as defined below) or their effects. Additionally, the periods allowed for the performance by NRG Home Solar of its obligations under this Limited Warranty and Performance Guarantee shall be extended for so long as such Force Majeure event or effects continue. In order to be relieved of its obligations due to Force Majeure, however, (i) NRG Home Solar must provide you with prompt notice of the event of Force Majeure, to the extent reasonably practicable; (ii) the suspension of NRG Home Solar’s performance must be of no greater duration and scope than that required by the event of Force Majeure; and (iii) NRG Home Solar’s excused obligation must not be one that arose before the event of Force Majeure and should have been fully performed before the event of Force Majeure occurred. For purposes of this Agreement, the term “Force Majeure” means acts of God or the public enemy; war; hostilities; riots; terrorism; theft; any weather condition or actions of the elements; hurricane; flood; lightning; wind; drought; earthquakes; fires; floods; explosion; accidents; riots; strikes or other significant labor disputes; unavailability of electricity from the transmission grid; power or voltage surge caused by someone other than NRG Home Solar or its representatives; unavailability or failure of equipment not utilized by or under the control of NRG Home Solar or its representatives; the binding order of any governmental authority (provided that such order has been resisted in good faith by all reasonable legal means); the failure to act on the part of any governmental authority (provided that such action has been timely requested and diligently pursued); or any other causes, whether or not of the same class or kind as those specifically named above, which are not within the reasonable control of NRG Home Solar or its representatives and which, by the exercise of reasonable diligence, NRG Home Solar and its representatives are unable to prevent. 11. How can you ask a question or submit a claim to get service? How may we notify you? To ask a question regarding this Limited Warranty and Performance Guarantee, you may call us at 713-655- 1180 during normal business hours. To submit a claim or provide any other notice under this Limited Warranty and Performance Guarantee, you must send us the request in writing by email, fax, certified or registered first- class mail, post prepaid, with a return receipt requested, or a reputable courier service requiring signature for receipt. a.To submit a claim or otherwise notify us by email, send an email to: rss.maintenance@nrgenergy.com b.To submit a claim or otherwise notify us by fax, send a fax to: 832-379-5199 c.To submit a claim or otherwise notify us by mail or courier, send the letter to: NRG HOME SOLAR 1000 N. Post Oak Road, Suite 240 Houston, Texas 77055 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 and Performance Guarantee. The parties agree that any faxed or emailed document shall be deemed an original document. 12. What happens if you submit a claim? What will we do to correct problems, and what will we not do? If we receive a claim under this Limited Warranty and Performance Guarantee from you, we will review your claim and notify you within five (5) business days whether your claim is covered by this Limited Warranty and Performance Guarantee. If we cannot make this determination without inspecting the Solar System, we will send an employee, contractor or agent to your Property within ten (10) business days of the date we receive your claim, and we will then notify you within five (5) business days of the visit as to whether your claim is covered by this Limited Warranty and Performance Guarantee. DocuSign Envelope ID: 3B9494EB-FE19-4637-AAE8-00A9BFB1BEF5 In Process 7 a. If your claim is covered by this Limited Warranty, then as required by Section 5, we will either pay you the required amounts under the Performance Guarantee or make the repair or replacement within a reasonable period of time, at no cost to you. We may use new or reconditioned parts to make repairs. We will use commercially reasonable efforts to replace parts with the same type of equipment, but we may substitute types of equipment if necessary. Any equipment substitution will not change our Performance Guarantee obligations. Additionally, at our option but at no additional cost to you, we may elect to make cosmetic repairs that are not covered by this Limited Warranty and Performance Guarantee or to upgrade or add to any part of the Solar System to ensure that it performs according to the Performance Guarantee. b. If your claim is not covered by this Limited Warranty, or if your claim is covered but we elect under Section 5A to pay you the required amounts under the Performance Guarantee without making any repair or replacement, then you may request that we make the repair or replacement at your expense. We will send a contractor selected by us to your Property to provide you with a price quote for the requested services. You may then elect whether to have the contractor provide the requested services, at the quoted price. The price quote will be based on standard pricing terms that are on a time and materials basis. 13. What happens if you want to move the Solar System to renovate or repair your home, or for any other reason? The Solar System may only be moved by our designated contractor, and only in order to permit you to renovate or repair the Property at your request and your expense. We will send a contractor to your Property to provide you with a price quote for moving the Solar System. You may then elect whether to have the contractor move the Solar System, at the quoted price. The price quote will be based on standard pricing terms that are on a time and materials basis. 14. What happens if you transfer your rights and obligations under the Lease? A claim under this Limited Warranty and Performance Guarantee may only be made by the person(s) leasing the Solar System (or, if state law so provides, by another natural person who foreseeably could have been expected to use or be affected by the Solar System and who is injured in person by breach of this Limited Warranty). 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 and Performance Guarantee will automatically transfer to the buyer. YOU MAY NOT OTHERWISE TRANSFER YOUR RIGHTS OR OBLIGATIONS UNDER THIS LIMITED WARRANTY AND PERFORMANCE GUARANTEE. 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 AND PERFORMANCE GUARANTEE BY THE BUYER OF YOUR PROPERTY OR ANY OTHER PERSON. 15. May NRG Home Solar assign its rights and obligations under this Limited Warranty? Yes, NRG Home Solar may transfer, sell, or otherwise assign all or any of its rights and/or obligations under this Limited Warranty and Performance Guarantee to another party, without your consent and without prior notice to you. Any assignment of NRG Home Solar’s obligations under this Limited Warranty and Performance Guarantee will be to a party qualified to perform such obligations and that expressly accepts responsibility in writing for our obligations under this Limited Warranty and Performance Guarantee. Upon such transfer, sale or assignment, NRG Home Solar shall be released from all future obligations under this Limited Warranty and Performance Guarantee. 16. What happens if you want NRG Home Solar to remove the Solar System? If you have a right under Section 8.3 of the Lease to require us to remove the Solar System, and if you properly notify us under this Limited Warranty and Performance Guarantee and request that we remove the Solar System, then at no cost to you, we will remove the Solar System and waterproof the roof penetrations that result from the removal. 17. What are the standards by which NRG Home Solar must perform under this Limited Warranty? The standards for our performance under this Limited Warranty and Performance Guarantee will be applicable Prudent Solar Practices or as otherwise specified in this Limited Warranty and Performance Guarantee. “Prudent Solar Practices” means those standards of care and diligence normally practiced by solar engineering, construction and installation firms in performing services of a similar nature in the geographic region where your Property is located and in accordance with (i) good engineering design practices, (ii) applicable law (including DocuSign Envelope ID: 3B9494EB-FE19-4637-AAE8-00A9BFB1BEF5 In Process 8 local codes and standards), (iii) any applicable governmental approvals and permits, and (iv) any applicable requirements of the local utility. Each Solar System shall be constructed, installed, and repaired in a good workmanlike manner, using principles, criteria and standards generally accepted for use by a contractor in connection with residential photovoltaic solar power systems of a similar size and type as the Solar System. 18. What are the limitations on NRG Home Solar’s 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 HOME SOLAR WITH RESPECT TO THE SOLAR SYSTEM AND ITS OPERATION. NRG HOME SOLAR HEREBY DISCLAIMS, AND YOU AND ALL OTHER BENEFICIARIES OF THIS LIMITED WARRANTY AND PERFORMANCE GUARANTEE 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 AND PERFORMANCE GUARANTEE ARE YOUR SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF THIS LIMITED WARRANTY AND PERFORMANCE GUARANTEE. 18.2 LIMITED DURATION OF IMPLIED WARRANTIES. ANY IMPLIED WARRANTIES ARISING UNDER STATE LAW, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, HABITABILITY, AND MERCHANTABILITY, SHALL IN NO EVENT EXTEND BEYOND THE END OF EXPRESS WARRANTIES DESCRIBED IN SECTION 5 ABOVE. 19. How does state law relate to this Limited Warranty? This Limited Warranty and Performance Guarantee gives you specific legal rights, and you may also have other rights, which vary from state to state. 20. How does this Limited Warranty and Performance Guarantee relate to the Lease? This Limited Warranty and Performance Guarantee is an exhibit to the Lease and is subject to all of the terms and conditions of the Lease. In the event of an express conflict between this Limited Warranty and Performance Guarantee and the Lease, the terms of this Limited Warranty and Performance Guarantee will control. DocuSign Envelope ID: 3B9494EB-FE19-4637-AAE8-00A9BFB1BEF5 In Process 1 NRG Home Solar P.O. Box 304 Houston, TX 77001 Exhibit 5 Home Owners Association Notice, Waiver and Amendment Solar Power System Lease Amendment, Home Owners Association/Condominium Notice + Customer Waiver By signing this Notice, Waiver, and Amendment the Property Owner certifies, acknowledges and accepts the following regarding Home Owners Associations: This Notice, Waiver and Amendment (the “Amendment”) incorporates by reference that certain Solar Power System Lease entered into between NRG Residential Solar Solutions LLC, d/b/a NRG Home Solar (“NRG RSS”), and Property Owner (“You”) (which includes the property owner and any co-owner listed below, together with any estates, heirs, successors and permitted assigns) dated [August 25, 2015] (the “Lease”) and if you are part of and subject to a Home Owners Association, is effective as of the date first written below. Capitalized terms used but not otherwise defined herein shall have the meanings set forth in the Lease. 1.Acknowledgments By signing this Amendment, You hereby acknowledge and agree to the following terms and conditions : a.Per the terms and conditions of the Lease, NRG RSS will lease, install and maintain a Solar System on your property, which is located at the above address. If your property is a part of a condominium complex or in a development subject to a Home Owner Association (HOA) this entire exhibit shall apply. b.You are aware that the placement of a Solar System within a condominium complex or in a development subject to an HOA creates a risk due to HOA rules, regulations, requirements, and demands that could impact the Solar System. You certify and confirm that under your HOA You can install a solar system. You are aware, acknowledge and agree that any and all costs and expenses in complying with HOA rules, regulations, requirements and demands regarding the Solar System which include, but are not limited to, maintaining, moving, removing, or modifying the Solar System will be entirely your responsibility. You agree to assume any and all obligations to repair any and all loss or damage to the Solar System that is, directly or indirectly, caused, requested, or required by an HOA. c.You agree to fully waive NRG RSS’ responsibility to insure the Solar System against any and all loss or damage caused, directly or indirectly, by any and all HOA related actions. You fully understand that NRG RSS is not warranting the Solar System against any and all loss or damage caused, directly or indirectly, by any and all HOA related actions and shall not be responsible for repairing any and all loss or damage to the Solar System caused, directly or indirectly, by any and all HOA related actions. You explicitly waive all such warranties and NRG RSS’ responsibility to make any repairs to such losses and damages. d.You acknowledge and agree that should any loss or damage occur to the Solar System caused, directly or indirectly, by any and all HOA related actions, then You shall be obligated to promptly: (i) report to NRG RSS such loss or damage in writing and (ii) repair such loss or damage at your own expense. Further, should You fail to promptly repair such loss or damage; NRG RSS will do so on your behalf and invoice You for the amount of such repair. e.You acknowledge and agree that NRG RSS may adjust (in its reasonable and sole discretion) the Guaranteed Power shown on the Guaranteed Power Table set forth in Exhibit 4 of the Lease, to the extent such loss or damage to the Solar System is caused, directly or indirectly, by any and all HOA related actions that result in the Solar System’s underperformance. Further, if your property is in an SREC market, You also acknowledge and understand that your Solar System may produce fewer SRECs due to loss or damage to the Solar System caused, directly or indirectly, by any and all HOA related actions that result in the Solar System’s underperformance. 2.Provision of HOA agreement By signing this Amendment, You hereby acknowledge that You have read your HOA rules and confirm that installation of a solar system is allowed under your HOA, will fully indemnify NRG RSS for any violation of your Lease and acknowledge full responsibility for all HOA DocuSign Envelope ID: 3B9494EB-FE19-4637-AAE8-00A9BFB1BEF5 In Process 2 requests, modifications, or actions that impact your Lease or our Solar System. 3.Amendments to the Lease The Lease is hereby amended as follows: a. In Section 3.1 item (d) shall be deleted in its entirety and replaced with the following, “(d) completion of real estate due diligence to our satisfaction, which shall include but not be limited to confirmation that your Property is at least 300 yards from any golf course and completion of an on-site engineering inspection to determine whether your Property is suitable for installation and operation of the Solar System; and (e) your confirmation that any and all costs, repairs, modifications, moves, removals or damages caused, directly or indirectly, to the Solar System, requested or required by a Home Owners Association (HOA) will be your complete and full financial responsibility to remedy.” b.In Section 5.2 the first sentence will be amended to include the following language at the end of the sentence “including, but not limited to, any and all loss or damage that occurs to the Solar System caused, directly or indirectly, by any and all HOA related actions. In connection with any and all HOA related loss or damage, you are obligated to promptly: (i) report to NRG HOME SOLAR such loss or damage in writing and (ii) repair such loss or damage at your own expense. Further, should you fail to promptly repair such loss or damage; NRG HOME SOLAR will do so on your behalf and invoice you for the amount of such repair.” c. In Section 5.2 the second sentence will be deleted in its entirety and replaced with the following: “NRG HOME SOLAR will bear all other risk of loss and damage to the Solar System unless such loss or damage is due to loss or damage caused, directly or indirectly, by any and all HOA related action(s). ” d. The first sentence of Section 12.1 shall be amended to include the following language at the end of the sentence “or caused, directly or indirectly, by any and all HOA related action(s).” e. Exhibit 4, Section 3 will be amended to include the following language to the end of the first paragraph, “unless such underperformance is due to loss or damage caused, directly or indirectly, by any and all HOA related action(s).” f.The second sentence of Exhibit 4, Section 5E will be amended to include the following language at the end of the sentence “unless such underperformance is due in any way to loss or damage caused, directly or indirectly, by any and all HOA related action(s).” g. The second sentence of Exhibit 4, Section 8 will be amended to include the following language at the end of the sentence “unless the Performance Guarantee is breached due to underperformance that is due in any way to loss or damage caused, directly or indirectly, by any and all HOA related action(s).” h. Exhibit 4, Section 9 will be amended to include the following language as the fifth bullet point, “if the Solar System does not generate its estimated output due in any way, in whole or in part, to loss or damage caused, directly or indirectly, by HOA related action(s).” By signing below, I confirm that I understand this Notice, Waiver and Amendment. If I am part of and subject to an HOA, I understand that I am bound by this Notice, Wavier and Amendment. Property Owner/Customer Name: \n6\_______ Signature: \s6\Date: \d6\ DocuSign Envelope ID: 3B9494EB-FE19-4637-AAE8-00A9BFB1BEF5 Mary Ann Thrane 25 August 2015 In Process 11 MCA Schedule 6.4.6 dated 12/03/13 JUMBO SYSTEM SIZE CUSTOMER CONSENT FORM This Jumbo System Size Customer Consent Form (“Consent”) is entered into as of August 25, 2015 by and among NRG Residential Solar Solutions LLC, a Delaware limited liability company (“NRG”) whose mailing address is P.O. Box 304, Houston TX 77001, and the following individual(s) (“Customer” or “You”): Customer Name (First, MI, Last): Mary Ann Thrane; Customer Name (First, MI, Last): Margaret Ryan, whose mailing address is: 357 Haydenville Rd, Northampton, MA 01053 USA, and NRG Home Solar (“Installer”) whose mailing address is 164 South Park Avenue San Francisco CA 94107. Reference is made to the Solar Power System Lease (Lease ID #: 10-0049248977-000-0000) (the “Lease”) by and between You and NRG . The Lease describes the terms and conditions of Your lease of a solar power system (“Solar System”) owned by NRG and installed at 357 Haydenville Rd, Northampton, MA 01053 USA (“Property”) by Installer. The Property is located in the service territory of National Grid USA Massachusetts Electric (“Utility”). Capitalized terms not defined in this Consent have the same meanings given to them in the Lease. NRG’s standard business practice is to size a Solar System so that it will produce annually not more than ninety percent (90%) of the Customer’s most recent annual kWh electric usage at the Property (“90% Threshold”) which must be based upon an analysis of the recent, trailing twelve months period of electric utility records at the Property. This analysis requires the Property’s electric usage from twelve (12) months of the prior eighteen (18) months from the date of the submission of the Lease. In addition, one month of the electric usage records must be within the three months prior to the date of the submission of the Lease and another month must be from a winter month (December, January or February). By signing this Consent, You hereby confirm that You wish to lease from NRG, and NRG is willing to lease to You, to the extent permitted by law, a Solar System that exceeds the 90% Threshold (“Jumbo System”). DocuSign Envelope ID: 3B9494EB-FE19-4637-AAE8-00A9BFB1BEF5 In Process 12 MCA Schedule 6.4.6 dated 12/03/13 In consideration of the mutual promises and covenants set forth in this Consent the sufficiency of which is hereby acknowledged, NRG, Installer and Customer agree as follows: 1.Subject to the terms and conditions of the Lease, You will lease from NRG and NRG will lease to You a Jumbo System. This Jumbo System is estimated to produce annually an amount of kWh equivalent to 96.55% of Your most recent annual kWh electric usage. This solar system is described in more detail in the Lease. 2.You understand, agree and acknowledge the following: (Customer(s) to initial in each box on left) \i6\ \i7\ Customer(s) initials A.Since the Solar System is sized larger than 90% of Your current electricity needs, when the Lease commences, Your total payments You make to NRG and to Your Utility could exceed Your current electric utility payments. If the Solar System is sized larger than 100% of Your current electricity needs, when the Lease commences, Your total payments You make to NRG and to Your Utility are very likely to exceed Your current electric utility payments. \i6\ \i7\ Customer(s) initials B.Many utilities through their net metering programs provide less financial credit and benefits for electricity generated when it is in excess of a homeowner’s actual annual kWh usage. For example, under net metering, a utility might credit up to $0.15/kWh for solar electricity generated and subsequently self-consumed by a homeowner, whereas the utility may only pay $0.04/kWh to buy net surplus electricity generated in excess of a homeowner’s actual annual kWh usage. Therefore, if Your Jumbo System generates more kWh than your actual kWh usage, You acknowledge that your Utility may provide You a lesser financial benefit for the net surplus amount. \i6\ \i7\ Customer(s) initials C.Neither NRG nor Installer shall be held responsible, nor shall have any liability if You do not receive net energy metering benefits for the entire annual kWh production of the Jumbo System (e.g. if at the end of the net energy metering annual period, the Utility requires that Customer forfeit any unused net energy metering credits.); \i6\ \i7\ Customer(s) initials D.NRG does not guarantee that the output of the Jumbo System will offset all of Your electrical use at the Property. You acknowledge that You will need to purchase any additional electricity required from the Utility at Your sole cost and expense; ‘ 3.CUSTOMER’S REASONS FOR A JUMBO SYSTEM (Complete this Paragraph 3 only if the Jumbo System size shown in Paragraph 1 above is greater than 100%.) You acknowledge that You want to lease a Jumbo System because You expect your annual kWh electric usage to be greater than your historical electrical usage for the following reason(s) (check all that apply): You have or intend to install an electric vehicle charging station at the Property; You have or intend to increase the heating ventilation or air conditioning (HVAC) usage or capacity at the Property; DocuSign Envelope ID: 3B9494EB-FE19-4637-AAE8-00A9BFB1BEF5 In Process 13 MCA Schedule 6.4.6 dated 12/03/13 \You have or intend to increase the Property’s livable square footage; \ You have or intend to increase the number of people living at the Property; You have or intend to increase the number of electric powered major appliances at the Property (e.g. stove, oven, clothes dryer, washing machine, water heater); \The Utility has issued written approval for the Solar System to exceed the 90% Threshold; or Other (insert description): _______________________________________________________________ _______________________________________________________________ Customer(s) initials You understand, agree and acknowledge that if Your electrical usage does not increase as You anticipated based on the event(s) described above, You are still obligated to make the Monthly Lease Payments to NRG on a timely basis. 4.NRG and Customer agree that the Performance Guarantee in Exhibit 4 of the Lease describes Customer’s rights and remedies regarding the amount of kWh produced by the Jumbo System. 5.Installer covenants, represents and warrants to NRG that (i) in designing the Jumbo System, Installer has reviewed Customer’s historical annual electricity usage at the Property, (ii) Installer has designed the Jumbo System to exceed the 90% Threshold but shall not exceed any system size limits imposed by the Utility or any other applicable law; and (iii) the Utility has expressly consented to the interconnection and net metering of this Jumbo System or the Utility has a policy in place that expressly allows for the interconnection and net metering of photovoltaic power systems that exceed the 90% Threshold. 6.Installer and NRG agree that the fact that the Jumbo System exceeds the 90% Threshold will not be a breach of the Marketing and Construction Agreement by and between Installer and NRG regarding system size only. 7.This Consent supplements the Lease. In the event of a conflict between this Consent and the Lease regarding the subject matter of this Consent only, this Consent shall prevail. Any amendment to this Consent shall be in writing and signed by all parties hereto. 8.This Consent shall be governed by and construed according to the laws of the State in which the Solar System is located (without giving effect to internal principles of conflict of laws), and shall be binding on the undersigned and the successors, permitted assigns and heirs of the undersigned. This Consent 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. [Remainder of page intentionally blank] DocuSign Envelope ID: 3B9494EB-FE19-4637-AAE8-00A9BFB1BEF5 In Process 14 MCA Schedule 6.4.6 dated 12/03/13 Accepted and agreed to as of the date first above written. NRG Residential Solar Solutions LLC CUSTOMER \d8\\d6\ Date Date \s8\\s6\ Signature Signature \n8\\n6\ Name, Title Print name Customer Email Address CUSTOMER [if more than one] \d7\ Date \s7\ Signature \n7\ Print name INSTALLER \d5\ Date \s5\ Signature \n5\ Print name DocuSign Envelope ID: 3B9494EB-FE19-4637-AAE8-00A9BFB1BEF5 Mary Ann Thrane 25 August 2015 Margaret Ryan 25 August 2015 25 August 2015 Cesar Castillo In Process