CONTRACTSunrun BrightBox™ Agreement
sarah gilleman
40 Spring St, Northampton, MA, 01062
Take Control of Your Electric Bill
$0
Deposit due
Today
25 Years
Agreement Term Length
(2.9% annual increase
in monthly bill)
$46
Monthly Bill for Year
One (plus taxes, if applicable;
includes $7.50 discount for
Auto-Pay enrollment)
$0.182
Cost per estimated
available solar kWh,
Year 1
WE’VE GOT YOU COVERED WITH OUR WORRY-FREE SERVICE
We provide hassle-free
design, permitting, and
installation.
We monitor the system
to ensure it runs
properly.
Sunrun will replace
the battery free of
charge during the
agreement term.
Selling your home?
We guarantee the buyer
will qualify to assume
your agreement.
A SOLAR SYSTEM DESIGN
FOR YOUR HOME
You get a 3.78 kW DC Solar System
With 12 Solar Panels and 1 Inverter(s) and 1 Battery
Which will produce an est. 3,049 kWh in its first year
And offset approx.15% of your current, estimated
electricity usage
YOUR SALES REPRESENTATIVE:
Mckay Dalgleish
mckay.dalgleish@sunrun.com
(385) 374-0270
DocuSign Envelope ID: C29CA2E5-C8C0-4FC2-B33E-CCBDD2479EB8
Sunrun Installation Services Inc.|225 Bush Street,Suite 1400,San Francisco,CA 94104 |888.GO.SOLAR |HIC
180120 Contract Version: 2020Q1V1 Generation Date: 3/5/2021 Proposal ID: PK3Z43ZCZNC7-H Version 2020Q1V1
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This Power Purchase Agreement (the "Agreement")is entered into by and between sarah gilleman
(“Customer”or “homeowner”or “you”)and Sunrun Installation Services Inc.,a Delaware corporation,
together with its successors and Assignees (“Sunrun”or “we”together with Customer,the “Parties”,each a
“Party”),as of the Effective Date for the sale and purchase of all electric energy generated by a solar
photovoltaic system with one or more batteries (the “Solar System”)to be installed on or at your home
located at 40 Spring St Northampton,MA 01062 (the “Home”).Sunrun is pleased to provide you with solar
electric power for a twenty-five (25)year term.
You are entitled to a completely filled out copy of this Agreement signed by both you and Sunrun before any
Work begins.This Agreement is effective as of\od\______(the “Effective Date”).The Effective Date listed in
the preceding sentence is the date on which the last Party signed this Agreement.Please read the entire
Agreement and ask any questions you may have.
Table of Contents
A.Documents to be Incorporated into the Agreement.…………………………………...
lists Exhibits (including certain notices)incorporated into your Agreement.
Page 2
B.Payment Terms,Rebates,&Credits...…………………………………………………….
includes your payment terms,your payment schedule,any rebates and credits that you
or Sunrun may receive,and our late payment policy.
Page 2
C.Our Warranties…...……………………………………………………………………………..
explains our equipment,workmanship,roof penetration,and damages warranties.
Page 4
D.Performance Guarantee ……………………………………………………………………...
explains estimated performance of the Solar System.
Page 5
E.Design and Installation..……………………………………………………………………….
includes a description of the design &installation process &the timeline for installation.
Page 7
F.Change Orders..………………………………………………………………………………..
explains the process for modifying the Solar System design.
Page 9
G.Additional Information..……………………………………………….……………………….
includes important information about the term of your Agreement,actions not included
in design and installation,dispute resolution,and Sunrun’s insurance coverage.
Page 9
H.Notices of Right to Cancel..………………………………………………………..………….
explains the Parties’rights to cancel the Agreement.
Page 18
Documents to be Incorporated Into the AgreementA.
Exhibit A:Monthly Payment Schedule and Prepayment Pricing
Exhibit B:Legal Notices
Exhibit C:Notice of Cancellation
Exhibit D:Payment Forms
Exhibit E:Data Usage and Disclosure
Exhibit F:System Specifications
Payment Terms,Rebates,and CreditsB.
Payment Terms1.
Deposit (due at signing)$0 (the “Deposit”)
Sunrun Installation Services Inc.
Sunrun BrightBox™ Agreement
DocuSign Envelope ID: C29CA2E5-C8C0-4FC2-B33E-CCBDD2479EB8
3/8/2021
Sunrun Installation Services Inc.|225 Bush Street,Suite 1400,San Francisco,CA 94104 |888.GO.SOLAR |HIC
180120 Contract Version: 2020Q1V1 Generation Date: 3/5/2021 Proposal ID: PK3Z43ZCZNC7-H Version 2020Q1V1
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Initial Payment (due at Installation
Start Date)$0 (the “Initial Payment”)
Solar cost per kWh,Year One $0.182 ,excluding Upfront Payment (if any)
Battery Cost per month,Year One $0.00/month
Total Monthly Payments in Year
One
$46.24 per month (plus taxes,if applicable);reflects
$7.50 discount for electing Auto-Pay)
(the “Monthly Payments”)
Annual Percentage Increase (the
“Annual Increase”)2.9%
Upfront Payment2.
The sum of the Deposit and Initial Payment is called the “Upfront Payment.” The Initial Payment and Monthly
Payment amounts may change if the final Solar System design differs from the preliminary Solar System
design (as further discussed in Section E and F below).
You agree to pay Sunrun the Deposit,Initial Payment and Monthly Payments in the amounts and on thea.
dates set forth above and in Exhibit A.
The Deposit and Initial Payment are payable to Sunrun Inc.by credit card,money order or a checkb.
drawn on a United States bank account.
Monthly Invoicing and Billing Cycle3.
Billing Cycle and Due Dates.Your billing cycles run on a monthly basis.Your first billing cycle will begina.
on the date the Solar System is placed in service by your Utility (the “In-Service Date”).Subsequent
billing cycles will begin on the same date each month (the “Billing Cycle Day”).
Each month,Sunrun will prepare a written or electronic invoice specifying the payment due from you to
Sunrun for the preceding billing cycle.You will receive this invoice within ten (10)days following the
conclusion of the preceding billing cycle and your payment for the preceding billing cycle will be due the
day before the next Billing Cycle Day.
__
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Sunrun reserves the right to update its billing systems from time to time and will notify you if your
payment due date changes accordingly.You may also elect to make payments to Sunrun before the
Monthly Payment due date.
Payment Options.Monthly Payments are payable to Sunrun Inc.(i)by automatic withdrawal from yourb.
checking or savings account or (ii)by check drawn on a United States bank account or (iii)by money
order.
A Returned Check Fee of Twenty-Five Dollars ($25.00)(or such lower amount as required by law)will bec.
assessed to you for any check or withdrawal right that is returned or refused by your bank.
Auto-Pay Discount4.
Monthly Payments shown in Section B(1)and Exhibit A assume payment by Automated Clearing Housea.
(ACH)withdrawal from your checking or savings account (“Auto-Pay”)and include a $7.50 Auto-Pay
discount.
If you do not elect Auto-Pay,you will not receive an Auto-Pay Discount and,as a result,your Monthlyb.
Payments will be $7.50 higher per month than those reflected in Section B(1)and Exhibit A.
Payment of Taxes5.
For example,if the Solar System is placed into service on May 12th,you will receive your first bill
between June 12th and June 22nd.Your payment will be due by July 11th.
DocuSign Envelope ID: C29CA2E5-C8C0-4FC2-B33E-CCBDD2479EB8
Sunrun Installation Services Inc.|225 Bush Street,Suite 1400,San Francisco,CA 94104 |888.GO.SOLAR |HIC
180120 Contract Version: 2020Q1V1 Generation Date: 3/5/2021 Proposal ID: PK3Z43ZCZNC7-H Version 2020Q1V1
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The payments specified in Section B(1)above do not include taxes.If any taxes (including,but nota.
limited to,sales and transaction taxes and including any associated interest and penalties)are assessed
on these payments,the sale of electric energy,the Home,or the transaction itself,and are paid by
Sunrun rather than you,you agree to pay or reimburse Sunrun for all such taxes,except to the extent
that you are prohibited from doing so by applicable laws.
In addition,you agree to reimburse Sunrun for any taxes,including any associated interests andb.
penalties,assessed on the Solar System that Sunrun may incur.
To the extent that Sunrun seeks reimbursement from you,you agree that Sunrun may seek a fullc.
reimbursement from you for the total amount incurred by Sunrun,impose a surcharge on your monthly
invoice to recover the total amount incurred by Sunrun over a period to be determined by Sunrun,or,at
its sole discretion,set up a separate payment plan with you to recover the total amount incurred by
Sunrun.
Changes to Payment Amounts6.
If a change pursuant to Section F increases the Upfront Payment after you have already paid it toa.
Sunrun,you agree to immediately pay Sunrun the increase in the Upfront Payment.Sunrun may
suspend installation until this payment is received.
You may request a pricing plan change;however,such request must be submitted to Sunrun’s Customerb.
Care Department 225 Bush Street,Suite 1400,San Francisco,CA 94104,customercare@sunrun.com,
855-478-6786,before the earlier of (i)the date falling twenty-one (21)days after the date you signed the
Agreement and (ii)the commencement of installation of the Solar System.
Prepayment of Monthly Payments7.
At any time,you may prepay all of the expected Monthly Payments you will owe Sunrun during thea.
remaining portion of the Initial Term (“Prepayment”).Sunrun’s obligations under this Agreement will not
change if you make such a prepayment.
The Prepayment shall equal the remaining Monthly Payments for the current and remaining years of theb.
Initial Term discounted by the lesser of (x)the prime rate plus 100 basis points (as published by the Wall
Street Journal)and (y)5.0%(the “Prepayment”).
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Late Payment.If Sunrun does not receive your payment by the due date listed on the invoice,Sunrun8.
may charge you an administrative late fee equal to the lesser of (i)one and a half (1.5%)percent per
month on the portion of your balance that is more than thirty (30)days past due,and (ii)the maximum
amount permitted under and subject to applicable law.This late fee is not an interest charge,finance
charge,time price differential or other such charge or payment of a similar nature.
Net Metering Service.9.
As of the In-Service Date,you must take service from the Standard Net Metering Service and itsa.
associated terms ("NEM Service")provided by your Utility.You agree that you will continue to take NEM
Service for as long as this Agreement is in effect.You agree to take the NEM Service currently in effect
for this Utility or,in the event that the NEM Service is no longer in effect,you agree to use a substitute
metering program as chosen by Sunrun in its sole discretion.
You agree to execute all documentation associated with the NEM Service,or any substitute meteringb.
service,and any refund,credit,or rebate program promptly at the request of Sunrun,its representatives
or affiliates,and/or the Utility.If you do not return such documentation within seven (7)days following
any such request,Sunrun may invoice you for an amount equal to the amount of rebates it otherwise
would have received had you returned such documentation.
For example,if you decide to pre-pay the rest of your monthly payments in year 10,and the
applicable discount rate at the date of prepayment is 4.25%,you would pay Sunrun $10,008.
DocuSign Envelope ID: C29CA2E5-C8C0-4FC2-B33E-CCBDD2479EB8
Sunrun Installation Services Inc.|225 Bush Street,Suite 1400,San Francisco,CA 94104 |888.GO.SOLAR |HIC
180120 Contract Version: 2020Q1V1 Generation Date: 3/5/2021 Proposal ID: PK3Z43ZCZNC7-H Version 2020Q1V1
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The point where the Solar System connects to the Home's connection to your Utility is calledc.
“Interconnection.”For the purposes of calculating performance guarantee payments,if any,under
Section D,you agree that title to and risk of loss for the electric energy provided under this Agreement
shall pass from Sunrun to you when the electric energy reaches Interconnection.You further agree that
electrical energy provided under this Agreement is measured at the time when electrical energy reaches
Interconnection.
Supplemental Energy;Rebates &Credits10.
All electric energy produced by the Solar System will be available to you for use at the Home pursuant toa.
this Agreement.If,at any time,you need more electric energy than is being produced by the Solar
System ("Supplemental Energy"),you will be responsible for purchasing that Supplemental Energy from
another supplier,such as your Utility,and for paying any fees associated with such Supplemental Energy
that the other supplier may charge.
You agree that Sunrun alone will receive any credit,rebate,environmental attribute,solar renewableb.
energy credit,or other payment or offset (“Incentives”)that may be attributable to the Solar System.All
Incentives will be the sole property of and transferable by Sunrun.
Notwithstanding anything to the contrary contained herein and without limiting the other rights,if any,ofc.
Sunrun with respect to Incentives attributable to the Solar System,you agree that Sunrun will receive any
federal tax credits that may be attributable to the Solar System,and that such federal tax credits will be
the sole property of and transferable by Sunrun.Sunrun’s expected federal tax credits associated with
the Solar System have been factored into the calculation of your Monthly Payment.
If you purchase the Solar System from Sunrun,you will own and be entitled to proceeds from the sales ofd.
solar renewable energy credits earned after the date you purchase the Solar System from Sunrun.
Our WarrantiesC.
Warranties1.
Workmanship Warranty.We warrant our Work and the Solara.
System for a period of twenty-five (25)years after installation
(the “Warranty Period”),except as provided below with respect
to our roof penetration warranty.During the Warranty Period
we will,at our expense,repair or replace any material or Work
covered under this Agreement.Our “Workmanship Warranty”
includes but is not limited to the following:
Roof Penetration Warranty.We warrant that roof penetrations made by the Solar System and(i)
impacting the Home’s roof will be weather-tight for a period of 10 years after installation.
Damage Warranty.We will either repair or reimburse you for damage we cause during installation to(ii)
the Home,your belongings or your property,as limited by Sections C(2),E and G.
Sunrun will maintain and repair the Solar System for the Initial Term and any Renewal Terms.(iii)
Equipment Warranty.Sunrun warrants all equipment for the duration of the Initial Term.If parts fail duringb.
the Initial Term,Sunrun will use commercially reasonable efforts to replace them with like equipment;
however,you acknowledge that due to parts availability and other factors,this may not be possible.
Sunrun agrees that any change in equipment will not reduce the Guaranteed Output set forth in Section
D.
End of Term Warranty.At the end of the Initial Term or at the end of a Renewal Term,should either youc.
or Sunrun wish to end the Agreement,Sunrun will remove the Solar System at no cost to you and return
WE INSURE AND
MAINTAIN THE
SYSTEM FOR
25 YEARS AFTER
INSTALLATION.
DocuSign Envelope ID: C29CA2E5-C8C0-4FC2-B33E-CCBDD2479EB8
Sunrun Installation Services Inc.|225 Bush Street,Suite 1400,San Francisco,CA 94104 |888.GO.SOLAR |HIC
180120 Contract Version: 2020Q1V1 Generation Date: 3/5/2021 Proposal ID: PK3Z43ZCZNC7-H Version 2020Q1V1
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the Home to a condition similar to its condition prior to installation of the Solar System,excepting
ordinary wear and tear (including,but not limited to,wear and tear resulting from local weather
conditions)and wear and tear that can be expected due to the presence of the Solar System on the
Home for the 25-year term (including,but not limited to,uneven wear and tear and uneven discoloration).
Warranty Exceptions and Exclusions2.
The Roof Penetration Warranty shall be void and voidable if work is performed by you or your contractorsa.
on the roof during the 10 year warranty period.
The Roof Penetration Warranty does not cover any (i)leaks that occur in areas of the Home’s roof notb.
impacted by the Solar System or the associated roof penetrations,(ii)pre-existing and/or underlying
failures of the Home’s roof or (iii)foreign objects acting on the Home’s roof (e.g.hail,golf balls,etc.).
The Workmanship Warranty does not apply to the following:c.
Work performed or materials used by anyone other than us or our Installation Partners;(i)
Any materials that were modified,repaired or attempted to be repaired by anyone other than(ii)
Sunrun or its Installation Partners without Sunrun’s prior written approval;
Any damages resulting from your breach of the Agreement;(iii)
Any damage not caused by us,our Installation Partners or a Solar System defect;(iv)
Damage resulting from ordinary wear and tear;(v)
Damage resulting from mold,fungus and other organic pathogens;(vi)
Shrinking/cracking of grout and caulking;(vii)
Fading of paints and finishes exposed to sunlight;and(viii)
Damage caused by ball strikes(ix)
You acknowledge that installation of the Solar System may void any roofing warranty of the roof
manufacturer or roof installer.We assume no responsibility if our Work voids your roofing warranty.
Before installation,you should check with the roofer or builder concerning any impact the Solar System
will have on a roof warranty.
Your initials indicate that you have read,understood and accepted the provisions set forth in this section
C(2).
Agreed and accepted by:\i1\_______(Initials)
Contacting Sunrun to Fix the Solar System.Sunrun will monitor the Solar System to proactively address3.
any problems that may arise.Nevertheless,if you think there is an issue with the Solar System that is
covered by any of the warranties specified above,please contact Sunrun at 855-478-6786 or by email at
customercare@sunrun.com.Sunrun will use commercially reasonable efforts to fix any issue covered by
a warranty as soon as possible after it becomes aware of such issue.
Performance GuaranteeD.
Production Estimate1.
Sunrun estimates that the Solar System will be capable of generating 3,049 kilowatt-hours of electrica.
energy during its first year of operation.Actual production may vary due to natural variation in weather
patterns,the physical specifications of the Home’s roof(s),the required placement of the Solar System
on your roof,and other conditions.Your Monthly Payment is not tied to the actual output of the Solar
System.
Due to expected panel degradation,Sunrun estimates that the Solar System will be capable ofb.
generating 71,822 kilowatt-hours ("kWh")during the Initial Term (the “Estimated Output”).
Guaranteed Output.Subject to the conditions set forth in this Section D,Sunrun guarantees that the2.
Solar System will generate 90%of the Estimated Output during the Initial Term of this Agreement as set
DocuSign Envelope ID: C29CA2E5-C8C0-4FC2-B33E-CCBDD2479EB8
Sunrun Installation Services Inc.|225 Bush Street,Suite 1400,San Francisco,CA 94104 |888.GO.SOLAR |HIC
180120 Contract Version: 2020Q1V1 Generation Date: 3/5/2021 Proposal ID: PK3Z43ZCZNC7-H Version 2020Q1V1
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forth in Exhibit A (the "Guaranteed Output").Subject to the conditions set forth in this Section D,Sunrun
will issue you a refund if the Solar System does not generate the Guaranteed Output.
Sunrun will not issue you a refund for any Solar System underproduction resulting from any system
failure or lost production caused by reasons other than (a)a Solar System defect,(b)shading due to the
weather or (c)shading conditions that were present at the Home at the commencement of installation.
For the avoidance of doubt,Sunrun will not issue you a refund for underproduction arising from any of
the following:
Underproduction arising from your failure to comply with your obligations under the Agreement.·
Underproduction arising from shading conditions (other than weather)different from those that·
were present at the Home at the commencement of installation.
Underproduction as a result of a grid failure disabling the Solar System.·
Underproduction arising from you causing or requesting the Solar System to be shut down or to·
generate significantly less electric energy.
Underproduction arising from damage to the Solar System caused by foreign objects acting on·
the Solar System (e.g.hail,golf balls,etc.)
Sunrun makes no other representation,warranty or guarantee of any kind regarding the Solar System’s
actual or expected output or performance and any other express or implied warranties are hereby
disclaimed.
Your initials indicate that you have read,understood and accepted the provisions set forth in this Section
D(2).
Agreed and accepted by:\i1\_______(Initials)
Overproduction.If,over the course of the Initial Term,the Solar System produces more energy than the3.
predicted Guaranteed Output,then the extra energy will be yours at no additional cost.Sunrun may use
this overproduction amount to offset future underproduction in a given period should the Actual Output
attributable to such period be less than the Guaranteed Output attributable to such period.
Actual Output and Refunds.On the 24 month anniversary of the In-Service Date and on every 24 month4.
anniversary thereafter (each,a “Guarantee Date”),Sunrun will calculate the "Actual Output"of the Solar
System.For the purposes of this Agreement,"Actual Output"shall mean the amount of electric energy
generated by the Solar System to date plus any kWh for which you have previously received a refund.
Subject to Section D(2),if the Actual Output is less than the Guaranteed Output for that Guarantee Date
set forth on Exhibit A,Sunrun will issue you a refund.This refund will be calculated by subtracting the
Actual Output for that Guarantee Date from the Guaranteed Output for that Guarantee Date,and
multiplying the result by the refund per kWh amount as set forth for that Guarantee Date on Exhibit A.
For the last year of the Initial Term (year 25),the guarantee period will be 12 months.
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Design and InstallationE.
Our Work;Description of Materials.1.
Our work on the Solar System includes:a.
design,permitting and supply of the equipment and material typically necessary for a complete and(i)
operable Solar System;
installation of the Solar System;(ii)
acquisition of approval from your Utility;and(iii)
assistance with any applicable rebate program paperwork set forth in Section B(10)(collectively,the(iv)
“Work”).
For example,if in year 10 the system was expected to have generated 62,000kWh cumulatively and
actual generation was 61,500,and your refund rate is $0.13,we will credit your account based on
the 500kWh the system fell short multiplied by your refund rate,i.e.500kWh x $0.13 =$65.
DocuSign Envelope ID: C29CA2E5-C8C0-4FC2-B33E-CCBDD2479EB8
Sunrun Installation Services Inc.|225 Bush Street,Suite 1400,San Francisco,CA 94104 |888.GO.SOLAR |HIC
180120 Contract Version: 2020Q1V1 Generation Date: 3/5/2021 Proposal ID: PK3Z43ZCZNC7-H Version 2020Q1V1
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The primary equipment used for the Solar System will typically include a series of interconnectedb.
photovoltaic panels,one or more inverters,one or more batteries,racking materials,and a production
meter.Other materials generally used as the “balance of system”are disconnects,breakers,load
centers,wires,and conduit.
Batteries.2.
The Solar System includes one or more batteries.For each battery,the Solar System will also contain aa.
storage-enabled inverter/charger capable of providing power dependent upon the current state of battery
charge.Each battery will draw its charge from the photovoltaic system and will provide backup power
within the limitations of the system,as determined by Sunrun.Customer will ensure battery settings are
set to draw charge from the photovoltaic system.Not all electrical loads are suitable for backup
operation,upon site review some circuits may be excluded or moved to a separate sub-panel.Customer
will be responsible for failure or damage caused due to backing up more loads than Sunrun approved
and/or changing settings from initial install conditions.EACH BATTERY WILL POWER ITS
DESIGNATED CIRCUITS ONLY AND NOT YOUR ENTIRE HOME.Sunrun does not take responsibility
for system failure caused due to excessive loads.
You may be able to obtain backup power from the battery in the event of a power outage.Sunrun willb.
establish a reasonable reserve level for your battery (at a minimum,20%of the total capacity of the
battery)so that your battery will always be charged at a specified minimum level prior to an outage.This
will ensure that you will have a certain amount of power available from your batteries in the event of an
outage.
Sunrun may,from time to time,administer and operate the Solar System (including its batteries)toc.
optimize your home’s energy production and consumption,as well as for demand response or other
utility-based programs designed to reduce your electricity costs or to maintain the reliability of your local
electrical grid (if available in your utility area).In support of these programs,Sunrun may use the energy
stored in the batteries to reduce strain on the electrical grid at times of high energy demand in your
region,or for similar purposes.Sunrun will maintain your battery reserve during such times,as described
above.
WHILE SUNRUN BELIEVES THE BATTERY WILL BE ABLE TO PROVIDE BACKUP POWER DURINGd.
POWER OUTAGE,SUNRUN PROVIDES NO GUARANTEE OR WARRANTY THAT BATTERY
BACKUP CAPACITY WILL BE AVAILABLE WITHOUT INTERRUPTION DURING EVERY POWER
OUTAGE.YOU AGREE THAT SUNRUN WILL NOT BE LIABLE IN THE EVENT THE BATTERIES FAIL
TO PROVIDE BACKUP POWER,AND SUNRUN DISCLAIMS ANY SUCH LIABILITY,IRRESPECTIVE
OF THE REASON FOR SUCH FAILURE.DO NOT DEPEND ON BATTERY BACKUP POWER TO
POWER LIFE SUPPORT OR OTHER MEDICAL EQUIPMENT.IF YOU HAVE CRITICAL MEDICAL
EQUIPMENT POWER NEEDS DURING A POWER OUTAGE,CONTACT YOUR LOCAL EMERGENCY
SERVICES OR DIAL 911.
Please notify Sunrun at (855)-478-6786 or by email at customercare@sunrun.com in the event youre.
battery(ies)do not provide backup power during a power outage.
Under normal conditions of use,the battery should pose no danger to you.However,if mishandled,thef.
battery may become dangerous and could pose dangers related,but not limited,to fire hazards,high-
voltage hazards,and mechanical damage,among other dangers.
Generators;Prohibited Resources. For the duration of the Term,you agree that you will not connectg.
another power generation resource or other Prohibited Resource to the home’s electrical panel.You
acknowledge and agree that your compliance with this Section subject to verification and that
noncompliance may be considered a breach of this Agreement.For purposes of this Agreement,
“Prohibited Resource”means a technology for the generation of electricity using diesel,natural gas,
gasoline,propane,or liquefied petroleum gas,in topping cycle Combined Heat and Power (CHP)or non-
CHP configuration.
Your initials below indicate that you have read,understood and accepted the provisions set forth in this
Section E(2).
Agreed and accepted by:\i1\_______(Initials)
Solar System Production and Energy Consumption Monitoring;Data.3.
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180120 Contract Version: 2020Q1V1 Generation Date: 3/5/2021 Proposal ID: PK3Z43ZCZNC7-H Version 2020Q1V1
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Installation and Maintenance of Metering and Monitoring Equipment.a.
Production Monitor.During installation or at any time thereafter during the Term,we may install or(i)
replace production monitoring devices to measure the energy produced by the Solar System (the
“Production Monitor”).Through the Production Monitor,we will collect Solar System production and
performance data (“Performance Data”).
Energy Consumption Monitor.During installation or at any time thereafter during the Term,we may(ii)
install or replace energy consumption monitoring devices (the “Consumption Monitor”).Through the
Consumption Monitor,we may collect and store information about energy usage at the Home
(“Usage Data”).
Access to Monitors.You acknowledge and agree that the Production Monitor and the Consumption(iii)
Monitor will be part of the Solar System,and that you must provide Sunrun with reasonable access to
the Home in order to install,operate,maintain,repair and replace the Production Monitor and the
Consumption Monitor
Internet Connection.In order to ensure the proper functioning of the Production Monitor and the(iv)
Consumption Monitor,you must provide the Solar System with continuous access to a functioning
broadband internet connection with one (1)wired Ethernet port and standard electrical outlet,at your
cost.You acknowledge that your failure to maintain broadband internet or electrical connection for an
extended period of time may constitute a default under Section G(10)(a)(i).
Monitor Damage or Inaccuracy.Sunrun uses the Production Monitor to monitor and record your(v)
electricity production,and promptly respond to any production issues.You will be responsible for any
damage to the Production Monitor or Consumption Monitor that is caused by you or any other person
unrelated to Sunrun.
Data Usage and Disclosure.We may combine the Usage Data and Performance Data with each otherb.
and with other data,including,without limitation,personally identifiable information (collectively,“Data ”).
Our possible uses and disclosure of the Data are described in Exhibit E.We will never sell any
personally identifiable Data to a third party without your prior written consent.
Communications Equipment.During installation or at any time thereafter during the Term,we may installc.
or replace communication equipment (for example,an antenna)(the “Communication Equipment”)at the
Home.The Communication Equipment may or may not be used in connection with the Solar System.We
may use the Communication Equipment to improve the quality of cellular and/or internet connectivity in
your area.We may also sell the right to use the Communications Equipment in the manner described
above to a third party.You understand that consenting to the foregoing is not a condition of purchase or
a condition to the entry of this Agreement.
Do you consent to the installation and use of the Communication Equipment as set forth above?
\eqctxt1\
Design4.
Sunrun or its Installation Partners will provide you with a preliminary Solar System design then willa.
schedule a time to visit your Home to confirm that the preliminary design will fit on your Home’s roof and
finalize the design (the “Site Survey”).The design of the Solar System is dependent on the physical
specifications of the Home’s roof(s),site conditions such as placement of ventilation systems,roof
conditions,etc.,any of which may affect the placement of the Solar System on your roof.The Home’s
Solar System design will be finalized following a Site Survey of the Home by Sunrun.
The final design of the Solar System will be presented to you prior to installation.You will have five (5)b.
business days after receipt of the design to request a design change.Otherwise,you will be deemed to
have approved the Solar System design.Sunrun will use commercially reasonable efforts to
accommodate requests for changes.With your written,deemed,or verbal approval,installation may
begin.
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Sunrun Installation Services Inc.|225 Bush Street,Suite 1400,San Francisco,CA 94104 |888.GO.SOLAR |HIC
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If,during or after the Site Survey,we discover any concealed or hidden conditions or issues with thec.
Home that may delay or prevent completion of the Solar System once we start installation,we will
explain the issue to you,determine if additional costs are required to correct the problem and,if so,
propose a change order.It may be necessary that you undertake site preparation prior to installation.
Installation5.
Installation will be performed by Sunrun's licensed,bonded affiliate,Sunrun Installation Services Inc.,ora.
by another licensed,bonded contractor (an “Installation Partner”)that meets Sunrun's quality standards.
Sunrun requires its Installation Partners to employ licensed personnel as required by applicable state
law,regulations or codes,and to carry insurance as set forth in Section G(6)below.
Sunrun or its Installation Partners will obtain any permits needed for installation of the Solar System.Youb.
agree to cooperate with Sunrun and assist Sunrun in obtaining any permits needed,including the NEM
Service documentation referenced in Section B(9).
If Sunrun or its Installation Partner damages the Home during installation,we will repair the damage wec.
caused at no cost to you.
Sunrun,its Installation Partners and agents shall keep the Home reasonably free from waste materials ord.
rubbish caused by their operations.Prior to the In-Service Date,Sunrun and its agents shall remove all
tools,construction/installation equipment,machinery,waste materials and rubbish from and around the
Home.
Sunrun reserves the right,at Sunrun’s sole discretion,to install a critter guard with the Solar System.e.
Guards can help protect the Solar System from pests or rodents that can damage components of the
Solar System.
Access to the Home6.
You agree to grant Sunrun and its Installation Partners reasonable access to the Home for the purposea.
of,as applicable,designing,installing,operating and testing the Solar System and performing Sunrun’s
obligations under this Agreement.Sunrun agrees to give you reasonable notice when Sunrun needs to
access the Home for any of the foregoing purposes and will endeavor to restrict such access to normal
business hours.
When requested by Sunrun or when necessary,you agree to allow Sunrun and constructionb.
professionals (an engineer,architect,or licensed contractor or their representative)hired by Sunrun to
access the Home to inspect any buildings,including roofs,prior to installation of the Solar System to
ensure that the Home can accommodate the Solar System.
You must provide us with power and water for use during installation.c.
You agree to make reasonable efforts to provide a safe and secure work environment for Sunrun and itsd.
Installation Partners at the Home throughout Solar System installation,the Initial Term and any Renewal
Terms
Miscellaneous.7.
Sunrun has the authority and sole discretion to use Installation Partners or agents to perform or assista.
Sunrun in performing Sunrun's obligations.
If Work excluded from this Agreement in Section E(8)must be performed in order to properly effect theb.
installation of the Solar System,you agree to contract separately,and at your own expense,with a
contractor who has been designated by or approved by Sunrun to perform such obligation.In this
instance,Sunrun will not unreasonably withhold such approval.
If you plan to move or temporarily disconnect the Solar System to allow for maintenance of and/or repairc.
to the Home,you agree,at your expense,either (i)to hire Sunrun to perform this work or (ii)to obtain
Sunrun's approval of your contractor,who you agree must carry commercial general liability policy in an
amount not less than one million ($1,000,000)dollars per occurrence and name “Sunrun Installation
Services Inc.and its successor or assigns”,as additional insureds.
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You agree that you will not make any modifications,improvements,revisions or additions to the Solard.
System or take any other actions that could damage or void any applicable warranty set forth in Section
C without Sunrun’s prior written consent.If you make any modifications,improvements,revisions or
additions to the Solar System,they will become part of the Solar System and shall be Sunrun’s sole
property.
Exclusions.We do not do or provide any of the following under this Agreement:8.
removal or disposal of any material containing asbestos or any other hazardous material;a.
movement of your personal items around the Home;b.
upgrades to the electrical panel or electrical service or additional costs associated with moving thec.
current electrical meter;
installation or repair of fences;d.
repair of any pre-existing roofing damage resulting from a substandard roof or pre-existing substandarde.
roof installation work;
structural framing work for any part of the roof or structure,including concealed substandard framing;f.
correction of mistakes of another contractor or subcontractor (for example,if the Home was not built tog.
code);
removal and replacement of existing rot or insect infestation;h.
testing or remediation of mold,fungus,mildew or organic pathogens;i.
painting of conduit or other structural parts;j.
upgrades for Utility access requirements such as special locks or 24-hour access gates;k.
Homeowners Association (“HOA”)review,permitting or fees,however we will support your efforts tol.
coordinate with your HOA;
professional engineering services;m.
correction of structural integrity problems (for roof mounted systems)or evaluation and correction ofn.
ground stability under or near the Solar System (for ground mounted systems);
removal of trees;o.
any studies or permitting beyond the basic building permit;orp.
monitoring services associated with any monitoring equipment that is provided directly by a manufacturerq.
and subject to the manufacturer’s terms and conditions.
Change OrdersF.
If Sunrun requests a modification to the terms of the Agreement,Sunrun will notify you in writing of the
requested change and will ask you to accept the modified terms by executing a change order.Failure to
respond to a change order request within five (5)business days may lead to a cancellation of the Agreement
pursuant to Section H.
_
Additional InformationG.
Agreement Term1.
Initial Term.The Initial Term of the Agreement begins on the In-Service Date and continues in effect fora.
twenty-five (25)years following the In-Service Date,unless canceled or terminated earlier in accordance
with the terms of this Agreement.Within a reasonable period of time following its occurrence,Sunrun will
notify you of the In-Service Date.
Renewal Term.Subject to clause (ii)below,at the end of the Initial Term,the Agreement will beb.
automatically renewed for an additional one-year term (“Renewal Term,”collectively with the Initial Term,
“Term”).Sunrun will provide you with your new rate for electric energy at the beginning of the Renewal
Term and each successive Renewal Term,if any.The new monthly price will consist of your new solar
For example,if upon completing the Site Survey it is determined that the contracted system size will
not fit,and we have to reduce the system size by a panel or two we would create a change order
which reflects a lower monthly payment due to less production.
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Sunrun Installation Services Inc.|225 Bush Street,Suite 1400,San Francisco,CA 94104 |888.GO.SOLAR |HIC
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price per kWh and new battery price per month.The new solar price per kWh shall be equal to ten
percent (10%)less than the “average cost of electric energy”as established by your Utility or its
successor.“Average cost of electric energy”shall be the price you would otherwise pay for electric
energy to your Utility,or its successor for the 12 months preceding the start of each Renewal Term.The
new battery price per month shall be equal to $90 for the first battery plus $70 for each subsequent
battery.Unless otherwise terminated under the terms of this agreement,the Agreement will continue to
automatically renew for additional one-year terms at the end of each Renewal Term.
Sunrun will make a good faith effort to notify you between thirty (30)and sixty (60)days before the(i)
end of the Initial Term of (i)your end of term options and (ii)the estimated rate for electric energy in
the first Renewal Term (if applicable).
The Agreement will not automatically renew if either Party gives the other Party written notice of(ii)
termination (x)at least thirty (30)days prior to the expiration of the Initial Term or the applicable
Renewal Term,or (y)within fifteen (15)days after Sunrun provides you with the written estimated
rate for electric energy in the upcoming Renewal Term,whichever is later.
Termination2.
At the end of the Initial Term or at the end of a Renewal Term,should either you or Sunrun end the
Agreement,Sunrun will remove the Solar System at no cost to you.Written notice of termination must
be provided in accordance with Section G.1(b).
Subject to the exclusions set forth in Sections C and E,Sunrun will return the Home to a condition similar
to its condition prior to installation of the Solar System.You must notify Sunrun in writing of any
deficiencies in restoration within five (5)business days of removal or a municipal building inspector’s
approval of the work associated with the removal of the Solar System.
Customer Obligations.You acknowledge and agree to the following:3.
Your local utility is National Grid (the “Utility”).You agree that the Home will remain connected to youra.
Utility for the Initial Term and any Renewal Terms and that you will notify Sunrun prior to changing your
Utility.
That you will purchase all electric energy generated by the Solar System at the payment prices set forthb.
on Exhibit A.
The Solar System is removable equipment owned by Sunrun or its affiliates and is not considered ac.
fixture or otherwise part of the Home.
The Solar System will not be subject to any lien,security interest,claim,mortgage or deed of trust(i)
that may be imposed on or assessed against your interest in the Home,or any other property
belonging to you.Neither Sunrun nor our Installation Partners will apply a lien to your title to the
Home.
However,you agree that Sunrun or a Sunrun affiliate may file any UCC-1 financing statement or(ii)
other filing that confirms ownership of the Solar System.
The foregoing notwithstanding,any contractor,subcontractor or materialman who provides goods or(iii)
services pursuant to this Agreement and who is not paid may have a valid legal claim against the
Home known as a mechanic’s lien.Sunrun shall satisfy and cause the removal of any such lien within
30 days following the date Sunrun receives notice of the recording of such lien.
The Solar System will be used primarily for household purposes and will not be used to heat a swimmingd.
pool.
You may not sell,give away,transfer,pledge,remove,relocate,alter,tamper with or damage the Solare.
System or associated meters and/or monitors at any time.Any attempts to tamper with,damage or
modify the Solar System will be considered beyond reasonable wear and tear use of the Solar System.
You further acknowledge that removal of the Solar System from the Home during the Term for any
reason may require Sunrun to refund,at your cost,Incentives provided in respect of the Solar System.
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You agree:to keep trees,bushes and hedges trimmed so that the Solar System retains shading andf.
conditions present at the time of installation to not modify the Home in a way that shades the Solar
System;to not permit or allow to exist any condition or circumstance that would cause the Solar System
not to operate as intended at the Home;and to promptly notify Sunrun if you think the Solar System is
damaged or appears unsafe or if the Solar System is stolen.
You will refrain from attempting to clean,fix,or modify the Solar System, unless expressly permitted tog.
do so by Sunrun.If any condition exists with respect to the Solar System which you think may be
affecting performance or if you believe the Solar System has accumulated snow,is excessively soiled,is
damaged or otherwise appears unsafe,please notify Sunrun at 225 Bush Street,Suite 1400,San
Francisco,CA 94104,customercare@sunrun.com,855-478-6786.We may remedy the condition if it is
deemed necessary by Sunrun to do so,put you in contact with certified partners who can remedy the
condition,or provide you with instructions on how to remedy such situation (e.g.use a hose to spray the
panels from ground level).
You agree that Sunrun may (i)call you and (ii)send pre-recorded and text messages to you at the phoneh.
number you provided regarding the installation,maintenance,and administration of your Solar System
using automated telephone technology even if your phone number is listed on any national or state “Do
Not Call”list.Message and data rates may apply.
Your initials indicate that you have read,understood and accepted the provisions set forth in this Section
G(3)(h).
Agreed and accepted by:\i1\_______(Initials)
You further agree that Sunrun may (i)call and (ii)send pre-recorded or text messages,to the phone
number you provided about other Sunrun products and services,using an autodialer,even if your phone
number is listed on any national or state “Do Not Call”list.Message and data rates may apply.You
further understand that consenting to the foregoing is not a condition of purchase or entry into this
Agreement.You will have the opportunity to opt out of any marketing messages.
Do you consent?\cctxt1\
Purchase of Solar System4.
Option to Purchase.You have the option to purchase the Solar System at the following times during thea.
Initial Term:
Upon the fifth (5th)anniversary of the In-Service Date;(i)
At the end of the Initial Term;(ii)
If you sell the Home during the Initial Term;and(iii)
Under the circumstances described in Section G(10)(b).(iv)
Notice of Intent to Purchase.To purchase the Solar System pursuant to this Section,you must deliver ab.
written notice to Sunrun of your intent to purchase within sixty (60)days of the applicable date and
deliver payment to Sunrun within thirty (30)days of receiving an invoice from Sunrun for the purchase
price.
Purchase Price.The purchase price will be the fair market value ("FMV")of the Solar System at the timec.
of the purchase.Sunrun will determine the FMV of the Solar System by hiring an independent appraiser
to estimate the value of a comparable in-service photovoltaic solar system in your state and Utility
service area.This valuation will take into account the Solar System’s age,location,size and other market
characteristics such as equipment type,service costs,the value of electricity in your area,and any
applicable Incentives.In addition,if the Solar System is purchased prior to the fifth (5th)anniversary of
the In-Service Date,the FMV will include the recapture of any federal tax credits.
Termination of Agreement upon Purchase;Right to Monitor.After you purchase the Solar System,this
Agreement will terminate and neither you nor Sunrun will have any remaining obligations under this
Agreement.For the avoidance of doubt,after termination,Sunrun will not provide you with any
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Sunrun Installation Services Inc.|225 Bush Street,Suite 1400,San Francisco,CA 94104 |888.GO.SOLAR |HIC
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maintenance or repair services,unless you enter into a separate agreement with Sunrun for Sunrun or its
Installation Partner to perform these services at your expense.If possible,Sunrun will assign to you any
equipment warranties still in effect for the Solar System.Sunrun reserves the right to continue to
measure the performance of the Solar System after termination of the Agreement.
Sale of Home,Assignment and Foreclosure;Refinancing5.
Sale of Home.If you sell the Home you:a.
May transfer all rights and obligations under this Agreement to the new owner,provided that the new(i)
owner (a)meets Sunrun’s credit requirements of a FICO score of 650 or higher and (b)agrees in
writing to be bound by all of the terms and conditions set forth herein;or
May transfer all rights and obligations under this Agreement to the new owner,provided that the new(ii)
owner (a)(i)qualifies for a mortgage to purchase the Home or (ii)purchases the Home in cash,(b)
either you or the new owner pays Sunrun a $250.00 credit check exemption fee and (c)the new
owner agrees in writing to be bound by all of the terms and conditions set forth herein;or
Will be deemed to have terminated this Agreement and Sunrun may exercise its rights under Section(iii)
G(10)if:
You sell or otherwise transfer your interest in the Home without either purchasing the Solar1.
System or assigning this Agreement to the new owner in accordance with the terms of this
Section,or
The new owner refuses to assume the Agreement.2.
Assignment of Agreement.b.
Sunrun may,without your consent,assign,lease,sublease,or transfer the Solar System and this(i)
Agreement,along with all rights and obligations hereunder,to any third party (each,an "Assignee"),
for any purpose,including without limitation,collection of unpaid amounts,financing of the Solar
System's installation,or in the event of an acquisition,corporate reorganization,merger or sale of
substantially all of Sunrun’s assets to another entity,provided however all obligations of Sunrun,
including without limitation warranty obligations,shall remain the obligation of Sunrun or the
Assignee.
If Sunrun assigns the Agreement,Sunrun will continue to operate and maintain the Solar System until(ii)
you receive written notice otherwise.Sunrun requests a minimum of fifteen (15)days’prior written
notice if you wish to transfer this Agreement pursuant to Section G(5)(a)(i)or (ii).
All assignments shall be made in writing.Inquiries and notices regarding assignment shall be(iii)
directed to you at the Home and shall be directed to Sunrun at the address set forth in Section G(12).
Foreclosures.c.
If foreclosure proceedings are filed involving the Home,you shall be in default of the Agreement(i)
pursuant to Section G(10)and the Agreement shall terminate without notice to you and Sunrun may
exercise any of its remedies,including but not limited to removal of the Solar System.
Fannie Mae and Federal Housing Finance Agency Guidance for foreclosures.The Federal Housing(ii)
Finance Agency (FHFA)is the conservator of and responsible for ensuring that the lending agencies
Fannie Mae and Freddie Mac serve as a reliable source of liquidity and funding for housing finance.
For all property financed by a Fannie Mae loan,FHFA guidelines require,and you and Sunrun (as1.
applicable)agree:
That the Home will remain connected to your Utility for the Initial Term and any Renewal(i)
Terms.
That in the event the Home is foreclosed upon,the lender shall have the discretion to:(ii)
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Sunrun Installation Services Inc.|225 Bush Street,Suite 1400,San Francisco,CA 94104 |888.GO.SOLAR |HIC
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Terminate the Agreement and require Sunrun to remove the Solar System;1.
Assume your obligations under the Agreement without payment of any transfer or similar2.
fee;or
Terminate the Agreement and enter in to a new agreement with Sunrun under terms no3.
less favorable than the original Agreement.
Sunrun agrees not to be named loss payee (or named insured)on your insurance policy/ies2.
covering the Home.
Review the Fannie Mae Selling Guide effective November 3,2015,Section B2-3-04,available at3.
www.fanniemae.com,for more information.
Refinancing.If you refinance your Home,Sunrun will provide reasonable cooperation in connection withd.
the refinancing at no cost to you,including removing and refiling any UCC financing notice or completing
any document that your lender may reasonably request be completed regarding the existing obligations
under this Agreement.
Your initials indicate that you have read,understood and accepted the provisions set forth in this
Section G(5).
Agreed and accepted by:\i1\_______(Initials)
Insurance6.
Sunrun is responsible for insuring the Solar System against all damage and loss.Sunrun currentlya.
carries,and shall maintain the following insurance during the term of this Agreement :
Insurance covering damage to and theft of the Solar System;(i)
Commercial general liability insurance (“CGL”)and workers’compensation insurance underwritten by(ii)
Arthur J.Gallagher &Co.Insurance Brokers of California,Inc.(“Gallagher”).
Worker’s compensation insurance for all employees.(iii)
Upon damage or destruction of the Solar System,you will not be entitled to receive or retain anyb.
insurance proceeds.Sunrun will insure the Solar System against all damage or loss unless such damage
or loss is due to your gross negligence or willful damage of the Solar System.In cases where we bear
the risk of loss,our sole obligation to you will be to repair or replace the Solar System to the extent
required by any equipment warranty.
During the Initial Term of this Agreement you agree to carry insurance covering damage to the Home,c.
including damage resulting from the Solar System and not due to the gross negligence of Sunrun.It is
your responsibility to determine whether installation of the Solar System will impact your existing
coverage and if additional insurance is required.
Sunrun requires its Installation Partners to maintain the following insurance coverages:d.
Workers compensation,subject to statutory limits;(i)
Employers liability,with a minimum of one million ($1,000,000)dollars each occurrence;(ii)
Commercial general liability,in an amount not less than one million ($1,000,000)dollars per(iii)
occurrence and two million ($2,000,000)dollars annual aggregate;
Commercial automobile liability,in an amount not less than a combined bodily injury and property(iv)
damage limit of one million ($1,000,000)dollars per accident;
Excess liability insurance with a limit of one million ($1,000,000)dollars per occurrence and in the(v)
annual aggregate in excess of the limits of insurance provided above;and
Any other insurance required by applicable laws or regulation.(vi)
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Your initials indicate that you have read,understood and accepted the provisions set forth in this
Section G(6)
Agreed and accepted by:\i1\_______(Initials)
Limitations of Liability7.
SUNRUN MAY BE LIABLE TO YOU AND ANY OTHER PERSON FOR DAMAGES OR LOSSES
DIRECTLY ATTRIBUTABLE TO ITS NEGLIGENCE OR WILLFUL MISCONDUCT.TOTAL LIABILITY
FOR SUCH DIRECT DAMAGES OR LOSSES WILL IN NO EVENT EXCEED ONE MILLION US
DOLLARS ($1,000,000.00).THIS WILL BE THE SOLE AND EXCLUSIVE REMEDY AND ALL OTHER
REMEDIES OR DAMAGES AT LAW OR EQUITY ARE WAIVED,EVEN IF YOU HAVE GREATER
RIGHTS UNDER THE LAWS OF THE STATE IN WHICH YOUR HOME IS LOCATED,WHICH YOU
SHOULD CONSULT.SUNRUN IS NOT RESPONSIBLE FOR ANY CONSEQUENTIAL,INCIDENTAL,
PUNITIVE,EXEMPLARY OR INDIRECT DAMAGES,LOST PROFITS OR LOSSES RELATING TO THIS
AGREEMENT,IN TORT OR CONTRACT,INCLUDING ANY NEGLIGENCE OR OTHERWISE.
YOU SHALL INDEMNIFY,DEFEND,PROTECT,SAVE AND HOLD HARMLESS SUNRUN,ITS
EMPLOYEES,OFFICERS,DIRECTORS,AGENTS,FINANCING PARTNERS,SUCCESSORS AND
ASSIGNS FROM ANY AND ALL THIRD PARTY CLAIMS,ACTIONS,COSTS,EXPENSES (INCLUDING
REASONABLE ATTORNEYS’FEES AND EXPENSES),DAMAGES,LIABILITIES,PENALTIES,
LOSSES,OBLIGATIONS,INJURIES,DEMANDS AND LIENS OF ANY KIND OR NATURE ARISING
OUT OF,CONNECTED WITH,RELATING TO OR RESULTING FROM YOUR NEGLIGENCE OR
WILLFUL MISCONDUCT;PROVIDED,THAT NOTHING HEREIN SHALL REQUIRE YOU TO
INDEMNIFY SUNRUN FOR ITS OWN NEGLIGENCE OR WILLFUL MISCONDUCT.THE PROVISIONS
OF THIS PARAGRAPH SHALL SURVIVE TERMINATION OR EXPIRATION OF THIS AGREEMENT.
EXCEPT AS EXPRESSLY PROVIDED HEREIN,SUNRUN MAKES NO WARRANTY OR
REPRESENTATION,EITHER EXPRESS OR IMPLIED,REGARDING ITS OBLIGATIONS OR THE
SOLAR SYSTEM.THERE IS NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE,AND ANY AND ALL IMPLIED WARRANTIES ARE DISCLAIMED TO THE
FULLEST EXTENT PERMISSIBLE UNDER STATE AND FEDERAL LAW.ANY WARRANTY
EXPRESSLY PROVIDED FOR IN THIS AGREEMENT EXCLUDES CONSEQUENTIAL AND
INCIDENTAL DAMAGES TO THE FULLEST EXTENT PERMISSIBLE UNDER STATE AND FEDERAL
LAW AND LIMITS THE DURATION OF ANY WARRANTIES NOT EXPRESSLY PROVIDED HEREIN TO
THE FULLEST EXTENT PERMISSIBLE UNDER STATE AND FEDERAL LAW.
Limitations on Damages8.
IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANYONE FOR LOSS OF PROFITS,DAMAGES
FROM POWER INTERRUPTION OR OTHER SPECIAL,CONSEQUENTIAL,INCIDENTAL OR
INDIRECT DAMAGES.
Force Majeure9.
Sunrun is not responsible for any delay or failure in the performance under this Agreement if the delay or
failure is due to Force Majeure.“Force Majeure”means any event,condition or circumstance beyond the
reasonable control of,and not caused by,Sunrun’s fault or negligence.Force Majeure includes,without
limitation,acts of God such as storms,fires,floods,lightning and earthquakes,sabotage or destruction
by a third party of the Solar System,war,riot,acts of a public enemy or other civil disturbance,or a
strike,walkout,lockout or other significant labor dispute.Force Majeure does not include economic
hardship or insufficiency,unavailability,failure,or diminishment of solar resources,except as a result of
an event that would otherwise qualify as a Force Majeure.
In order to claim Force Majeure as a reason for non-performance,Sunrun must give you notice within
fourteen (14)days following its occurrence and estimate how long it will last and what the potential
impact is on the Agreement.If Sunrun claims Force Majeure,it must:
make reasonable attempts to continue to perform under the Agreement;a.
quickly take action to correct the problem caused by the Force Majeure;b.
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make reasonable efforts to limit damage to you;andc.
notify you when the Force Majeure event ends and performance will resume as contemplated in thisd.
Agreement.
Default and Remedies10.
DEFAULT BY CUSTOMER;SUNRUN’S REMEDIES:a.
You will be in default under the Agreement if:(i)
You terminate this Agreement under Section G(5)(a)(iii);1.
You provide any false or misleading financial or other information to obtain this Agreement;2.
You assign,transfer,or encumber this Agreement or any part of the Solar System without3.
Sunrun’s prior written consent;
You make a general assignment for the benefit of creditors,file a petition in bankruptcy,appoint a4.
trustee or receiver,or have all or substantially all of your assets subject to attachment,execution
or other judicial seizure,or you become insolvent or unable to pay your debts,or vacate or
abandon the Home;.
Foreclosure proceedings are filed involving the Home;5.
You fail to (1)provide us with the information,approvals or reasonable access to the Home we6.
need in order to do the Work,or you fail to (2)make a payment when due,and,in either case,
you fail to correct the problem in ten (10)days of notice being provided to you.In addition,to any
other remedies described herein,upon the occurrence of any event described in the foregoing
sentence,and prior to expiration of the 10 day cure period,Sunrun may stop Work.Sunrun will
give you written notice of our reasons for stopping Work.
If you fail to perform any other material obligation that you have undertaken in this Agreement,7.
including doing something you have agreed not to do,and such failure continues beyond a period
of fourteen (14)days after you receive notice of such failure.
If any events described in Section G(10)(a)(i)occur,Sunrun may,upon notice to you,exercise one or(ii)
more of the following remedies,in its sole discretion:
Sunrun may terminate the Agreement;1.
Sunrun may,subject to any cure rights provided herein or under applicable law,have the right to2.
disconnect the Solar System and/or enter the Home and remove the Solar System.We will
provide at least ten (10)days’advanced written notice of our intent to disconnect the Solar
System;
Sunrun may require you to pay Sunrun a termination payment equal to the Prepayment of all3.
future Monthly Payments during the Initial Term ("Make Whole");
If,as a result of your default,Sunrun removes the Solar System,then in addition to the Make4.
Whole payment,you will be obligated to pay Sunrun an amount equal to the value of any
Incentives that Sunrun must return as a result of such removal;
Sunrun may exercise any other remedies available to Sunrun at law or in equity.5.
SUNRUN’S DEFAULT;YOUR REMEDIES.In addition to any other remedies you have under thisb.
Agreement,if Sunrun (i)makes a general assignment for the benefit of creditors,files a petition in
bankruptcy,appoints a trustee or receiver,or has all or substantially all of its assets subject to
attachment,execution or other judicial seizure,or (ii)fails to perform an obligation under the Agreement
and such failure continues beyond a period of ninety (90)days after we receive notice of such failure
(provided,in each case,this Agreement is otherwise in full force and effect prior to such event),you will
have the option to purchase the Solar System as set forth in Section G(4)
Dispute Resolution;Arbitration;Class Action Waiver11.
DocuSign Envelope ID: C29CA2E5-C8C0-4FC2-B33E-CCBDD2479EB8
Sunrun Installation Services Inc.|225 Bush Street,Suite 1400,San Francisco,CA 94104 |888.GO.SOLAR |HIC
180120 Contract Version: 2020Q1V1 Generation Date: 3/5/2021 Proposal ID: PK3Z43ZCZNC7-H Version 2020Q1V1
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This Section sets forth the procedure for resolving disputes related to this Agreement (the "Dispute").
Unless otherwise agreed in writing,the Parties agree to continue to perform each Party's respective
obligations under this Agreement during the course of the resolution of the Dispute.
INFORMAL DISPUTE RESOLUTION.The Parties agree to first try to resolve informally and in good faitha.
any Dispute.Accordingly,you agree to send a written notice of the Dispute to the address listed in
Section G(12)of the Agreement.Sunrun will send a written notice of Dispute to the Home’s address.If
the Parties do not reach an informal agreement to resolve the Dispute within forty-five (45)days after the
notice of Dispute is received,you or Sunrun may commence a formal proceeding as detailed below.All
applicable statutes of limitation and defenses based upon the passage of time shall be tolled for the 45
days during which the parties try to informally resolve any Dispute.If you claim deficiencies in the Solar
System’s installation or performance,you must allow us to visually inspect the Solar System and obtain
or download pertinent performance data from the Solar System.
ARBITRATION.IF THE PARTIES CANNOT RESOLVE THE DISPUTE INFORMALLY,THEb.
DISPUTE,INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS
AGREEMENT TO ARBITRATE,WILL BE RESOLVED BY BINDING ARBITRATION BEFORE
ONE ARBITRATOR.
ARBITRATION MEANS YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND ALL DISPUTES
SHALL BE DECIDED BY AN ARBITRATOR.THIS AGREEMENT TO ARBITRATE DISPUTES
IS GOVERNED BY THE FEDERAL ARBITRATION ACT ("FAA").THE ARBITRATION SHALL
BE ADMINISTERED BY JAMS PURSUANT TO ITS STREAMLINED ARBITRATION RULES &
PROCEDURES.THE ARBITRATION WILL BE OVERSEEN BY THE JAMS OFFICE NEAREST
TO THE HOME.JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING
JURISDICTION.THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING
PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE
JURISDICTION.THE ARBITRATOR MAY,IN THE AWARD,ALLOCATE ALL OR PART OF
THE COSTS OF THE ARBITRATION,INCLUDING THE FEES OF THE ARBITRATOR AND
THE REASONABLE ATTORNEY FEES OF THE PREVAILING PARTY.
You may,in arbitration,seek all remedies available to you under this Agreement as interpreted underc.
California law.If there is a conflict between the JAMS Rules and this Agreement,this Agreement will
govern.Sunrun will pay the costs for initiating arbitration proceedings whether you or Sunrun prevails in
arbitration.Other fees,such as attorneys’fees and expenses of travel to the arbitration,will be paid in
accordance with JAMS Rules.If the arbitrator finds in your favor,Sunrun will pay your attorney’s fees
and expenses of travel to the arbitration.The arbitration hearing will take place in the federal judicial
district of the Home,unless you and Sunrun agree to another location in writing.In order to initiate
arbitration proceedings,you or Sunrun must take the following actions:
Write a demand for arbitration.The demand must include a description of the Dispute and the amount(i)
of damages you are seeking.The form of Demand for Arbitration can be found under ADR Forms at
www.jamsadr.com.
Send three (3)copies of the demand for arbitration to the JAMS location at Two Embarcadero(ii)
Center,Suite 1500,San Francisco,California 94111.
Send one copy of the demand for arbitration to the other Party.You and Sunrun agree to receive(iii)
service of process of the arbitration demand by registered or certified mail,return receipt requested,
at your billing address and Sunrun’s principal executive office,respectively.
In accordance with the FAA and the JAMS Rules,the arbitrator’s decision will be final and binding.Anyd.
right to appeal is likewise governed by the FAA and JAMS Rules.Any arbitration award may be enforced
in any court with jurisdiction.For more information about JAMS and its Streamlined Arbitration Rules &
Procedures,visit www.jamsadr.com,or call 1.800.352.5267.
CLASS ACTION WAIVER.ARBITRATION MUST BE ON AN INDIVIDUAL BASIS.AS A RESULT,e.
NEITHER YOU NOR SUNRUN MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR
DocuSign Envelope ID: C29CA2E5-C8C0-4FC2-B33E-CCBDD2479EB8
Sunrun Installation Services Inc.|225 Bush Street,Suite 1400,San Francisco,CA 94104 |888.GO.SOLAR |HIC
180120 Contract Version: 2020Q1V1 Generation Date: 3/5/2021 Proposal ID: PK3Z43ZCZNC7-H Version 2020Q1V1
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AGAINST OTHER ”CUSTOMERS”,OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A
REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
Your initials indicate that you have read,understood and accepted the provisions set forth in this Section
G(11).
Agreed and accepted by:\i1\_______(Initials)
Written Notice &General Correspondence12.
All notices,demands or requests related to this Agreement must be in writing and will be sent to the
Customer at the Home’s mailing address or email address identified under your signature to this
Agreement.We will primarily use email to communicate with you,unless you request correspondence
solely via first class mail.Any notice or communication made in electronic form will have the same legal
effect and enforceability as if made in non-electronic form.
Correspondence,notices,demands or requests should be sent to Sunrun at:
c/o Sunrun Inc.
Attn:Legal Department
225 Bush Street,Suite 1400
San Francisco,CA 94104
Phone:855-478-6786
Email:customercare@sunrunhome.com
Governing Law.Unless otherwise prohibited by law,this Agreement shall be interpreted in accordance13.
with and governed by the laws of the State in which the Home is located,without regard to any conflicts
of laws principles thereof.
You agree that Sunrun has the right to periodically check your consumer credit report.Sunrun may report14.
information about your performance under this Agreement to consumer reporting agencies.Late
payments,missed payments or other defaults hereunder may be reflected in your credit report.
You agree that Sunrun has the right to obtain photographic images of the Solar System and the Home,15.
and to use such photographic images for internal and quality control purposes.Sunrun will not use
photographic images of the Solar System or the Home in its marketing and promotional materials without
first obtaining your express written approval.
This Agreement is binding upon,and inures to the benefit of,the Parties and their respective heirs,16.
executors,administrators,legal representatives,successors and assigns.
This Agreement supersedes any prior understandings,agreements,or representations by or between the17.
parties,written or oral,to the extent they related in any way to the subject matter hereof.
Entire Agreement.You agree that this Agreement constitutes the entire agreement between you and18.
Sunrun.If any provision is declared to be invalid,that provision will be deleted or modified,and the rest
of the Agreement will remain enforceable.The terms of this Agreement that expressly or by their nature
survive termination shall continue thereafter until fully performed,which shall include,without limitation,
the obligation to make payments hereunder.
Notices of Right to CancelH.
We May Revoke Our Offer To Enter Into This Agreement In Our Sole Discretion If You Do Not Accept,1.
Sign And Send The Agreement To Us By The Tenth (10th)Calendar Day After The Date We Present It
To You.
In Addition To The 10-Day Right To Cancel,Which Is Described On the Signature Page and Exhibit C,2.
You May Cancel The Agreement Without Penalty and Have Your Deposit Refunded By Sunrun Within a
Reasonable Period of Time Following Cancellation:
DocuSign Envelope ID: C29CA2E5-C8C0-4FC2-B33E-CCBDD2479EB8
Sunrun Installation Services Inc.|225 Bush Street,Suite 1400,San Francisco,CA 94104 |888.GO.SOLAR |HIC
180120 Contract Version: 2020Q1V1 Generation Date: 3/5/2021 Proposal ID: PK3Z43ZCZNC7-H Version 2020Q1V1
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If we fail in some material way to perform the Work,and do not correct such failure within ninety daysa.
(90)after receiving written notice from you pursuant to Section G(12)that details the nature of the failure
to perform and the date on which you first noticed the incident;
If Sunrun requests a change to the Agreement pursuant to Section F,and you do not agree to suchb.
change;
If it is determined that you must pay for any site improvements (to accommodate a Solar System);orc.
__
__
If,for a period of one hundred eighty (180)days after the Effective Date Installation of the Solar Systemd.
has not commenced,and you have fulfilled all of your obligations under this Agreement,including making
the Home accessible to Sunrun and in a state ready to permit installation.
We May Cancel This Agreement If:3.
prior to the commencement of installation,there is a change in the Solar System’s annual energya.
production estimate,expressed in kWh,provided by the National Renewable Energy Laboratory PVWatts
Calculator.
concealed conditions that you knew about or reasonably should have known about are discovered thatb.
prevent installation or would result in reduced estimated system production as set forth in Section B;
you delay in correcting pre-existing conditions that prevent installation of the Solar System;c.
you fail to respond to Sunrun’s or its Installation Partner’s questions and requests and cause Solard.
System installation to be delayed for thirty (30)or more days as a result of your unresponsiveness;
a change in Solar System design changes the expected costs and benefits of this Agreement to Sunrun;e.
cellular service or internet service is no longer available at the Home or if the availability of cellular orf.
internet service significantly decreases,in which case Sunrun will refund you the Deposit within a
reasonable period of time following cancellation if such lack of,or decrease in,cellular service or internet
service is through no fault of your own;
Sunrun requests a change to the Agreement pursuant to Section F,and you do not agree to such changeg.
within five (5)business days after you are notified of such request,in which case Sunrun will refund you
the Deposit within a reasonable period of time following cancellation.
prior to the commencement of installation,there are any changes or proposed changes to yourh.
applicable Utility tariff (including any changes to net metering ,net metering not being extended or
continued on the same terms,or for any other reason the Solar System does not qualify or is otherwise
ineligible for net metering or expected Incentives),we may cancel this Agreement,in which case Sunrun
will refund you the Deposit within a reasonable period of time following cancellation.
prior to the commencement of installation,the Solar System fails to qualify for any expected Incentivesi.
(including Incentives based on your household income or similar criteria),we may cancel this Agreement,
in which case Sunrun will refund you the Deposit within a reasonable period of time following
cancellation.
YOUR INITIALS BELOW INDICATE THAT YOU:
Are eighteen (18)years of age or older;·
Are the owner of legal title to the Home and that every person or entity with an ownership interest in·
the Home has agreed to be bound by the terms of the Agreement;
For example,if upon completion of the Site Survey we recommend that the roof should be replaced
prior to the solar installation,but you do not have the means to complete the re-roof,then you may
cancel the agreement.
DocuSign Envelope ID: C29CA2E5-C8C0-4FC2-B33E-CCBDD2479EB8
Sunrun Installation Services Inc.|225 Bush Street,Suite 1400,San Francisco,CA 94104 |888.GO.SOLAR |HIC
180120 Contract Version: 2020Q1V1 Generation Date: 3/5/2021 Proposal ID: PK3Z43ZCZNC7-H Version 2020Q1V1
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Have read,understood and accepted the explanation of estimated energy output,energy sources,·
contract term and payment terms (including,without limitation,the Auto-Pay discount);
Have understood that Sunrun has the right to check your credit;·
Agree that Sunrun will make a final determination of your eligibility in its sole discretion;·
Acknowledge that you are responsible for making all payments under the terms of a 25-year·
Agreement;
Acknowledge that Sunrun will communicate with you via email and that you must maintain a working·
email address in order to receive these communications;
Acknowledge that you will continue to receive a monthly bill from your Utility;·
Acknowledge that the Solar System is owned by Sunrun Installation Services Inc.and/or its affiliates;·
and
Acknowledge that you have been advised on your right to cancel this Agreement.·
Agreed and accepted by:\i1\_______(Initials)
[Signature Page Follows]
DocuSign Envelope ID: C29CA2E5-C8C0-4FC2-B33E-CCBDD2479EB8
Sunrun Installation Services Inc.|225 Bush Street,Suite 1400,San Francisco,CA 94104 |888.GO.SOLAR |HIC
180120 Contract Version: 2020Q1V1 Generation Date: 3/5/2021 Proposal ID: PK3Z43ZCZNC7-H Version 2020Q1V1
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By signing below,you acknowledge that you have reviewed and received a complete copy of the Agreement
without any blanks.Such Agreement shall be the complete understanding between the Parties.
SUNRUN INSTALLATION SERVICES INC.
Signature:\os\___________________
Print Name:\on\__________________
Date:\od\_______________________
Title:\ot\________________________
Federal Employer Identification Number:26-2841711
IF YOU CHOOSE TO PAY BY CHECK,MAKE CHECKS OUT TO SUNRUN INC.NEVER MAKE A CHECK
OUT TO A SALES REPRESENTATIVE.OUR SALES REPRESENTATIVES ARE NOT AUTHORIZED TO
RECEIVE CHECKS IN THEIR OWN NAMES.
YOU MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE TENTH DAY
AFTER THE EFFECTIVE DATE.PLEASE REVIEW THE ATTACHED NOTICES OF CANCELLATION FOR
AN EXPLANATION OF THIS RIGHT.
Customer
Primary Account Holder Secondary Account Holder (Optional)
\s1\____________________________________\s2\_______________________________
Signature sarah gilleman Signature
\d1\____________________________________\n2\_______________________________
Date Print Name
Email Address*:\em1\
Mailing Address:40 Spring St Northampton, MA 01062
Phone:\ph1\
*Email addresses will be used by Sunrun for official correspondence, such as sending monthly bills or other invoices.
Sales Consultant
By signing below I acknowledge that I am Sunrun accredited,that I presented this agreement according to
the Sunrun Code of Conduct,and that I obtained the homeowner's signature on this agreement.
\r1\___________________________________________
Signature
\r2\___________________________________________
Print Name
\r4\___________________________________________
Sunrun ID number
DocuSign Envelope ID: C29CA2E5-C8C0-4FC2-B33E-CCBDD2479EB8
sgilleman@yahoo.com
3/5/2021
(413) 218-3435
6168776871
Mckay Dalgleish
Morgan Flowers
3/8/2021
project operations