Company Logo [IMAGE] ,https://simplysolar.na1.echosign.com/images/emailNextGen/http://www.2x.png/~checkmarkCircle, Attached is the final agreement for your reference. All parties finished Simply Solar Agreement Open agreement ,https://simplysolar.na1.echosign.com/public/viewAgreement?tsid=CBFCIBAA3AAABLblqZhA-lBRcecLmBW5rhpPqMJJScmG2kQFmCHb4j80wVW9DcqbfkWRFChMTyOOi_5-E10qGg7kZA3gI-KAUZZA3DwrC&, ----------------------------------------------------------------------- Attached is the final agreement between: * Simply Solar * Robert * Simply Solar You can also open it online ,https://simplysolar.na1.echosign.com/public/viewAgreement?tsid=CBFCIBAA3AAABLblqZhA-lBRcecLmBW5rhpPqMJJScmG2kQFmCHb4j80wVW9DcqbfkWRFChMTyOOi_5-E10qGg7kZA3gI-KAUZZA3DwrC&, to review its activity history. Need your own documents signed? Adobe Acrobat Sign can help save you time. Learn more ,https://www.adobe.com/go/signeremail-trial-nov2019, . To ensure that you continue receiving our emails, please add http://www.echosign.com/~echosign to your address book or safe list. © 2022 Adobe. All rights reserved. [IMAGE] ,https://simplysolar.na1.echosign.com/track/CBFCIBAA3AAABLblqZhAzgtsXE3BE908kxkoRH08Nfo-v7Ltj0DCMxDgcjsT2bbY8Cm7VOVmP8macQVtJaoM*/blank.gif, Content-Type: application/pdf; name="Simply Solar Agreement - signed.pdf" Content-Transfer-Encoding: base64 Content-Disposition: attachment; filename="Simply Solar Agreement - signed.pdf" CA SOLAR CONSUMER PROTECTION GUIDE Published March 2022 This guide provides important information to homeowners thinking of going solar. PUTTING SOLAR ON YOUR HOME IS AN IMPORTANT FINANCIAL DECISION. Don’t sign a contract until you read this document! This guide is from the Ca Public Utilities Commission (CPUC), a government agency that regulates privately-owned utilities like Pacific Gas and Electric Company (PG&E), Southern Ca Edison Company (SCE), and San Diego Gas & Electric Company (SDG&E). Customers of PG&E, SCE, SDG&E, BVES, and PacifiCorp must initial and sign this guide to connect a residential solar system to the electric grid. The CPUC requires these companies to collect your signed copy of this guide to ensure that you know your rights and have enough information to make a decision. (This requirement does not apply to solar thermal systems or solar systems in new home construction or multi-family buildings.) Guide Accessibility • Audio recording available at 855-955-1535. • Español, 中文, 한국어, Tiếng Việt, Tagalog, Armenian, Portuguese, and Dari versions available at 866-849-8390. You should understand and initial the first 4 pages and sign at the end of this guide before you sign a contract for a residential solar system. RB Initial here if you understand this page RB_____ (1/4) This guide is available at this government website: cpuc.ca.gov/solarguide What's Inside Watch Out for False Claims................ 2 Know Your Rights............................... 3 Ask Solar Providers These Initial Questions Before You Sign A Contract.4 STEP 1: Is Solar a Good Fit for Me?................. 5 STEP 2: Understand Roles and the Solar Process................................ 7 STEP 3: Find a Qualified Solar Provider......... 9 STEP 4: Compare Your Financing Options............................................. 12 STEP 5: Learn About Electricity Bill Savings....................................... 16 STEP 6: Carefully Read All Paperwork.......... 19 STEP 7: Review Additional Resources.......... 20 STEP 8: “Before You Sign” Checklist............. 22 STEP 9: Sign This Guide................................. 23 page 1 Watch Out for False Claims Most solar providers are honest and fair. However, there are still some false claims you need to watch out for. Do not do business with a salesperson who makes one of these false claims. False Claim The Truth You can get free solar energy at no cost to you. Solar energy is rarely free. An honest company will be upfront about all the costs you will pay over time. You will never pay an electricity bill ever again after a solar system is installed. After going solar, you will typically pay a small electricity bill every month and a larger electricity bill at the end of the 12-month cycle. See page 18 for an example. There is one exception: a few government-funded solar programs offer free or low-cost solar to low-income households. Go directly to page 6 to see what government-approved organizations run these programs. Customers who take out a solar loan or sign a lease or power purchase agreement will also receive a monthly bill from a loan company or solar provider. If you use Property Assessed Clean Energy (PACE) financing, you will also make a payment once or twice a year with your property taxes or monthly with your mortgage payment. Time is running out and you must quickly sign an electronic tablet to get solar. An honest salesperson would never rush you to sign anything without giving you time to review what you are signing. Ca law requires that a salesperson show you the contract terms before you sign. If you think you have been a victim of solar fraud, you may file a complaint against a contractor or home improvement salesperson to the Contractors State License Board (CSLB) at 800-321-CSLB (2752) or cslb.ca.gov/consumers. To file a complaint against a financing company, visit dfpi.ca.gov/file-a-complaint. RB Initial here if you understand this page _____ (2/4) cpuc.ca.gov/solarguide page 2 Know Your Rights You have the right... to read this entire 24-page guide before signing a contract. The CPUC recommends that solar providers give out this guide during their first contact with potential customers. Do not feel pressured to read this guide while the salesperson waits. Ask them to come back at a later date to allow you time to read it. If you are a customer of PG&E, SCE, SDG&E, BVES, or PacifiCorp, a solar provider must give you time to read this guide before you sign a contract for solar. If they do not allow you to read this guide, they cannot connect your solar system to the electric grid, and you should report them to the to the Contractors State License Board (CSLB) at 800-321-CSLB (2752) or cslb.ca.gov/ consumers. to a copy of a solar contract and financing agreement in the language in which the salesperson spoke to you. If a solar provider or salesperson comes to sell you solar panels and speaks to you in a language other than English, they must give you a copy of the contract in that language. Also, if you prefer to read this guide in Spanish, Chinese, Korean, Vietnamese, or Tagalog, the solar provider or salesperson must give you this guide in that language. to a Solar Disclosure Document from your solar provider. By law, a solar provider must provide you with a completed Solar Energy System Disclosure Document created by the Contractors State License Board (CSLB). This one-page document shows you the total costs for the solar energy system. A blank version of this document is available at cslb.ca.gov/consumers/solar_smart. to a 3-day cancellation period after signing a contract. You have at least three business days to cancel your contract for any reason. You may cancel the contract by emailing, mailing, faxing, or delivering a notice to your solar provider by midnight of the third business day after you received a signed, dated copy of the contract. If you are 65 years of age or older, you have five days. Note that different rules may apply for contracts negotiated at a company’s place of business. If your solar provider refuses to cancel the contract, report them to the CSLB at 800-321-CSLB (2752) or cslb.ca.gov/consumers. Initial here if you understand this page _____ (3/4) RB RB cpuc.ca.gov/solarguide page 3 Ask Solar Providers These Initial Questions Before You Sign A Contract What is your Contractors State License Board (CSLB) license or registration number? Ask for the solar provider’s CSLB license number. If you were contacted by a telephone or doorto-door salesperson, ask for their individual home improvement salesperson (HIS) registration number, too. Then check the license and, if applicable, HIS registration numbers to make sure they are valid and associated with the solar provider by going to cslb.ca.gov/consumers or calling 800-321-CSLB (2752). Simply Solar: CSL #991938 (Classifications: C-46 / C-10 / C-39 / B) • CSLB License Number is: _ The CSLB license must be active and in classification C-46 (Solar Contractor), C-10 (Electrical Contractor), or B (General Building Contractor) in order to be valid. If your solar provider does not have a valid contractor license, do not sign a contract with them and report them to the CSLB. What is the total cost of the solar energy system? If you are considering a solar loan, lease, or power purchase agreement, also ask: • Is there a down payment? • How much will I pay per month? When will these payments increase and by how much? If you are considering PACE financing, also ask: • How much will I pay once or twice a year with my property taxes or monthly with my mortgage? • How many years will I pay this amount? If I sell my home, what are my options and what do I need to do? Ask your solar provider, lender, or PACE program administrator to show you where in the contract it describes what happens when you sell your home. OK, I read these 4 pages. Now what? RB 1 2 3 4 For a step-by-step guide for how to go solar, proceed to the next page. This is recommended, even if you’ve already started the solar process! Make sure to get bids from at least 3 different solar providers. See page 9 for more details. For other important questions to ask a solar provider before you sign a contract, go to page 10 of this guide. If you already understand the information listed in the table of contents and are getting ready to sign a contract, you can skip to the “Before You Sign” checklist, on page 22 of this guide. Initial here if you understand this page _____ (4/4) cpuc.ca.gov/solarguide page 4 STEP 1: Is Solar a Good Fit for Me? 1 Solar photovoltaic panels can capture sunlight on your roof or property and convert it into electricity. This electricity powers the needs of your home, such as lights, electric vehicles, and appliances. Before you consider getting solar at your home, ask yourself: Have I made my home energy efficient first? Reducing your energy use can reduce the size of the solar system you need, potentially saving you thousands of dollars. Visit energyupgradeca.org/home-energy-efficiency and/or contact your electricity provider for energy efficiency tips and advice on how to get a home energy assessment. You may also want to ask your electricity provider about residential demand response programs. Do I qualify for low-income solar programs? If you think you might qualify for a low-income solar program, be sure to read page 6. There are residential solar and community solar programs available for qualifying low-income PG&E, SCE, and SDG&E customers that could save you money with no financial contribution. Is my roof suitable for rooftop solar? • Does my roof receive a good amount of sunlight or is it mostly shaded? What direction does the roof face? Roofs that are mostly shaded or face due north are not good candidates for solar. If you plan to replace your roof soon, you should replace it before installing a rooftop solar system. • If your roof is heavily shaded or isn’t in great condition, or if you are a renter, community solar programs could be a good fit for you. With community solar, you receive 50-100 percent of your electricity from solar projects located across Ca. Community solar programs vary and may increase your electricity bill or provide an electricity bill savings. Contact your electricity provider for more information. cpuc.ca.gov/solarguide page 5 Low-Income Solar Programs Available to PG&E, SCE, and SDG&E Customers If you are not a PG&E, SCE, or SDG&E customer, call your electricity provider or check their website to see if any low-income solar options are available to you. If you currently receive or qualify for a discounted electricity bill through the Ca Alternate Rates for Energy (CARE) or Family Electric Rate Assistance (FERA) program, you may qualify for assistance installing solar at low or no cost using one of the programs to the right. You may also qualify for one of these programs if you live in a disadvantaged community (DAC). A DAC is a neighborhood vulnerable to multiple sources of pollution. To find out if you live in a qualified DAC, check out the map: cpuc.ca.gov/solarindacs. SASH Program & DAC-SASH Program PACE financing is not a “free government program." If someone describes it this way to you, please read about false claims on page 2 of this guide. You can learn about PACE financing on page 14. The SASH Program provides discounted rooftop solar for income-qualified single families. If you qualify, your family can get assistance installing solar at low cost. The DAC-SASH program is designed for CARE- or FERA-eligible single-family homeowners who live in a DAC. If you qualify, your family can get assistance installing solar. GRID Alternatives administers the SASH and DAC-SASH programs. See if you qualify by visiting gridalternatives.org/qualify or by calling GRID Alternatives at 866-921-4696. DAC-Green Tariff Program The DAC-Green Tariff Program is designed for eligible households that live in a DAC. Participants can have 100 percent of their electricity offset by solar generation and receive a 20 percent discount on their electricity bills. In this program, you do not have to install solar on your roof. The solar is installed elsewhere and the bill credits are assigned to you. See cpuc.ca.gov/solarindacs for more information on eligibility and how to sign up. Community Solar Green Tariff Program The Community Solar Green Tariff Program allows households in a disadvantaged community to subscribe to a solar farm within 5 miles of their neighborhood and receive a 20 percent discount on their electricity bills. See cpuc.ca.gov/solarindacs for more information on eligibility and how to sign up. cpuc.ca.gov/solarguide page 6 STEP 2: Understand Roles and Solar Process 2 Solar Providers Lenders Solar providers are the companies that sell you solar and send installers to your home. Sometimes they provide financing. They must be licensed. See page 4. Lenders provide you with financing if you have a solar loan. Salespeople Except for a few governmental PACE programs, PACE financing programs are managed by PACE program administrators, which must be licensed. Check their license at dfpi.ca.gov/pace-programadministrators. Salespeople work for solar providers and may call you or knock on your door. They must be registered, with some limited exceptions. Ask for their “home improvement salesperson (HIS) registration” and check it at 800-321-CSLB (2752) or cslb.ca.gov/ consumers. Installers Installers are sent by solar providers to your home to check roof, ground, and electric conditions and to install the solar system. They must be licensed like a solar provider. See page 4. Manufacturers Manufacturers are the companies that make solar equipment. They provide most solar warranties for purchased systems. Electricity Providers Electricity providers interconnect your solar system to the electric grid and send you electricity bills that may include solar bill credits. PACE Program Administrators PACE Solicitors and PACE Solicitor Agents PACE solicitors are organizations, such as contractor companies; and PACE solicitor agents are individuals, such as home improvement salespersons. They are authorized by PACE program administrators to solicit property owners to enter into PACE financing agreements. Check their enrollment with a PACE program administrator at dfpi.ca.gov/pace-programadministrators. City/County Inspectors City/county inspectors come to your home to make sure the system is up to code to ensure your health and safety. Solar Providers Electricity Providers Salespeople Manufacturers Installers cpuc.ca.gov/solarguide Lenders Residential Solar PACE Administrator City or County Inspectors page 7 Overview of a Typical Rooftop Solar Process Before You Sign a Contract It typically takes 1 to 3 months after you sign a contract for the solar system to be installed at your home. After the solar system is installed, it typically takes 2 to 3 weeks to receive approval from your electricity provider to turn your system on. It could take longer depending on your circumstances. cpuc.ca.gov/solarguide You decide if rooftop solar is a good fit for you (see page 5) You get a home energy assessment to make your home more energy efficient (see page 5) You look at low-income solar programs to see if you qualify (see page 6) You research solar providers and compare at least 3 bids (see page 9) Solar Provider provides you with contract and Solar Energy System Disclosure Document (see page 9) You qualify for financing, if needed (see page 12) Lender/PACE Program Administrator writes up financing agreement (if needed) You review solar contract, Solar Energy System Disclosure Document, and any financing agreement (see page 19) You go through checklist on page 22 of this Solar Consumer Protection Guide You sign this guide, the solar contract, and the financing agreement After You Sign A Contract Installer performs a home site visit to confirm assumptions and check roof, ground, and electric conditions Solar Provider finalizes system design and applies for building permit with city or county agency Installer installs the solar system (only after receiving city/county permit) City/County Inspector inspects system for building permit compliance when applicable Solar Provider submits application to electricity provider to interconnect solar system to grid Solar Provider submits city/county inspection approval to electricity provider You turn on system only after receiving written approval from electricity provider Electricity Provider sends you your first electricity bill with solar/net energy metering credits (see page 17) Lender/Solar Provider sends you first bill for solar system or solar energy* *If you use PACE financing, you will not receive a bill from a lender or solar provider (the last step above). Instead, your payments will be due once or twice a year with your property taxes or monthly with your mortgage payment. page 8 STEP 3: Find a Qualified Solar Provider 3 For low-income solar programs, go to page 6. Find Solar Providers that Serve Your Neighborhood Go to cslb.ca.gov, a government website, and click on “Find My Licensed Contractor." Enter your city and one of the following license classifications: C-46 (Solar Contractor), C-10 (Electrical Contractor), or B (General Building Contractor). Go to cadgstats.ca.gov, a government-funded website, to enter your ZIP code and see a list of solar providers and recent installation costs. Note that these costs are not verified by the government. Check to see if your county has a County Contractors Association with licensed solar providers. Ask friends and neighbors who had solar installed at least a year ago if they recommend a solar provider and why. Narrow Down the List to Qualified Solar Providers First, make sure solar providers you consider have a valid license from the CSLB. It is illegal for solar providers and their installers to conduct business without a license. • Go to the Contractors State License Board (CSLB) website at cslb.ca.gov/consumers or call 800-321-CSLB (2752) to see if the solar provider and installer licenses are active and valid. The licenses must be in the classification C-46 (Solar Contractor), C-10 (Electrical Contractor), or B (General Building Contractor). Find out how long the company has been in business and how many installations they have done. Visit the CPUC’s public list of non-compliant solar providers, which identifies contractors that have violated CPUC, CSLB, or DFPI regulations. This list is updated quarterly and can be found at cpuc.ca.gov/solarpubliclist. It’s a good sign if companies employ installers certified by the North American Board of Certified Energy Practitioners (NABCEP), a high standard in the industry. Get Bids From At Least 3 Qualified Solar Providers, Compare Bids, and Ask Questions After you narrow down the list of solar providers, ask for a bid or price quote. • Look up how to compare solar quotes online and compare the bids you have obtained. • Note that the cheapest bid is not necessarily the best option for you. A very low bid may indicate that a solar provider is trying to cut corners. The CPUC recommends that solar providers give out this guide during their first contact with potential customers. Don’t hesitate to ask solar providers a lot of questions up front. A qualified company will be happy to answer all of them. A sample list of questions is on the next page. cpuc.ca.gov/solarguide page 9 Questions to Ask a Solar Provider Before You Sign a Contract Company Background What is your company’s contractor license number from the Contractors State License Board (CSLB)? What is your installer’s contractor license number? Is the salesperson an employee of your company? Will you subcontract with another company to install the solar system? If so, what is their CSLB contractor license number? How long have you been in business, and how many systems have you installed? Can you provide me with three customer references to call or visit? These customers should have solar installed for at least a year. Design & Roof Is my roof a good candidate for solar? Why? Does my roof need to be replaced before installing solar panels? • If yes, how much will that cost, who will do it, what is their license number, and is there a roof warranty? Why did you choose this specific design and size for the solar system you are recommending to me? • Note that a system sized to cover all of your electricity needs isn’t necessarily the best investment. Typically, a system is sized to around 80-85 percent of your electricity use from the previous year. What steps will you take to ensure my roof won’t leak? Roughly how much will it cost to remove and re-install the panels if I need to replace my roof in the future, including inspection fees? Warranties & Performance of Solar System Are there warranties for the panels and inverters? • If yes, how long do they last and whom do I contact to replace these components? • If equipment such as the inverter fails after the warranty period, how much will it cost to replace? Are there warranties for labor/construction? Are repairs and maintenance included in the contract? If yes, who should I contact for repairs? Will I be able to monitor the performance of the system once it’s installed? If so, how? Does the solar provider offer a minimum energy guarantee (common with leases and power purchase agreements)? • If yes, how will I be compensated if the system does not produce as much energy as promised in the contract? Is there an insurance policy that comes with the solar system, or do I need to take out additional homeowner’s insurance? Note that this is especially important if you live in fire-prone areas. cpuc.ca.gov/solarguide page 10 What are my obligations in the contract if my solar system stops working due to a disaster like an earthquake or a fire? Who has the right to claim the environmental benefits of the power generated by my system? (See “Getting Environmental Credit for Going Green” on page 18). Electricity Bill Savings Estimates (see page 17) Please beware of a solar provider who tells you solar is free – it is not. See page 2 for more information on false claims. Will you explain to me why an electricity bill savings estimate is not a guarantee? What electricity provider bill escalation rate is assumed in your electricity bill savings estimate? • Note that the CPUC has capped this escalation rate assumption at 4 percent per year. What electricity rate plan do you recommend I switch to for solar, and why? • How long will I be on that rate plan, and how can I compare or change rate plans on my electricity provider’s website? • Note that each electricity provider has a rate plan comparison tool or page on its website. Even though I will continue to pay electricity bills after going solar, I can receive solar bill credits on my electricity bill. How does that work? Is there an option to pay my electricity bills monthly instead of annually, so the costs are more even throughout the year? How do I sign up? Does my electricity provider offer special rates for solar customers? Impacts On Future Sale of Your Home Will a solar system make it more difficult for me to sell my home or refinance? For leases, power purchase agreements (PPA), and PACE-financed systems: • What happens if the home buyer doesn’t want the solar system or doesn’t qualify to take on my lease, PPA, or PACE-financed system? • Are there fees if I need to terminate the contract early to sell my house? • Are there fees for transferring the lease, PPA, or PACE financing to a new homeowner? Timeline (see page 8) When do you propose to start and finish installing solar on my roof? After installation is complete, roughly how long will it take for my electricity provider to send me written approval to turn my system on? What situations would allow me to be released from a contract? cpuc.ca.gov/solarguide For questions about financing, read the next section! page 11 STEP 4: Compare Your Financing Options 4 The most common solar financing options are: • Purchase of a solar system with a solar loan or cash. With a purchase, you own the system. • Property Assessed Clean Energy (PACE) financing of the upfront costs of a solar system, which you pay back on your property tax bill. With PACE financing, you own the system. • Lease of a solar system, in which the solar provider owns the system and “ rents” it to you for a scheduled monthly payment over a set number of years. • Power purchase agreements (PPA), in which the solar provider owns the solar system and sells you the electricity it generates for a certain price over a set number of years. The next few pages contain a quick look at each option’s pros and cons, and then a closer look at each. Purchase with Cash or Loan PROS CONS Typically, greater return on investment. You are typically responsible for repairs and maintenance. This may involve contacting different manufacturers, who could go out of business during the 10- to 20-year component lifecycles. If you use a loan, little or no upfront costs. May increase value of home. You can directly receive tax credits and deductions. Consult tax professional to see if you qualify. PACE Financing Little or no upfront costs. May have a longer repayment period than typical home improvement loan, which may be preferable. You can directly receive tax credits and deductions. Consult tax professional to see if you qualify. Lease and PPA Little or no upfront costs. Solar provider is responsible for all monitoring, maintenance, and repairs. Minimum energy production often guaranteed. cpuc.ca.gov/solarguide Some solar loans place a lien on your property. In those cases, if you do not make your payments, this could result in foreclosure or make it more difficult to sell your home or refinance your mortgage. PACE financing results in a first-priority lien on your property. Your bank may require you to pay off the PACE assessment prior to refinancing. If you do not make your PACE payments, this could result in foreclosure or make it more difficult to sell your home or refinance your mortgage. You are typically responsible for repairs and maintenance. This may involve contacting different manufacturers, who could go out of business during the 10- to 20-year component lifecycles. Selling home may be more complicated than with a purchased system. Options typically are: the new owner must agree to take on the lease/agreement, you continue making payments, or you buy out the lease/agreement, which could be thousands of dollars. Solar provider could go out of business during the contract period. page 12 A Closer Look at Purchasing Outright (with cash or loan) You can purchase a solar system from a solar provider or manufacturer with a traditional loan, solar loan, or cash. In this approach, you own the installed system. Types of loans include: • Secured loans: these require an asset that will serve as collateral for the loan – often that asset is your solar system. • Unsecured loans: these do not require any collateral, similar to a credit card. A secured loan is often preferred because it typically has lower interest rates. Many solar providers work with lenders that offer solar loans, but you should check with banks and credit unions as well. Compare offers to make sure you are being offered a reasonable interest rate. If you install and own a solar system by the end of 2022, there is a 26 percent federal income tax credit (ITC) available. Under current law, the federal ITC is scheduled to drop to 22 percent for systems installed in 2023 and then 0 percent for systems installed after 2023. If you have questions about the ITC or whether a loan is tax deductible, speak to a Certified Public Accountant (CPA) for tax advice. Unless you purchase a maintenance plan or your system comes with one, you will be responsible for any maintenance and repairs. Make sure you save the equipment warranties, particularly for the inverter, which may need to be replaced sooner than other equipment. If you sell your home, look for real estate agents and appraisers with experience selling homes with solar. You may include the system in the house sale just like any other major home improvement. Questions to Ask a Lender About the Purchase of a Solar System with a Loan: What is the total cost of the loan over the entire course of the contract? How much will I pay up front, how much over time, and for how long? What is my interest rate? What is my annual percentage rate (“APR”)? Whom do I contact if I have questions about my loan payments? Will a solar loan make it more difficult for me to sell or refinance my home? Will I need to buy out my loan? Whom do I contact? cpuc.ca.gov/solarguide page 13 A Closer Look at PACE (Property Assessed Clean Energy) PACE is a financing option that is available in some areas of Ca. In most places, it is sold through PACE solicitors and solicitor agents who are required to be enrolled with a PACE program administrator. In a PACE financing arrangement, a PACE program administrator finances the upfront costs of a solar system, which you then pay through an assessment on your property tax bill. With PACE financing, you own the solar system. You should read and review the terms carefully, and if necessary, consult with a tax professional or attorney. PACE financing lasts for a fixed term, typically around 10-30 years, and it is attached to your house. If you sell your house before you have fully paid the PACE assessment, the buyer may require you to pay off the remaining balance of the assessment, which could be thousands of dollars. Some mortgage lenders will not loan money to buyers to purchase properties with PACE liens unless the full assessment is paid. Unlike leases and power purchase agreements that require monthly payments, PACE assessments are typically due once or twice a year, in larger lump sums, with your property taxes. Given this unique arrangement, it’s important to understand how much you will owe and when, so that you can set aside enough money throughout the year to cover the amount. If your house is mortgaged and you typically pay your taxes with an escrow or impound account, your mortgage company may increase the amount you pay monthly to cover the anticipated increase to your property tax bill. Discuss how PACE will affect your monthly mortgage payment before you sign an agreement. Be aware that if you fail to make your PACE payments included with your property taxes or mortgage, your home could be put in foreclosure. Questions to Ask a PACE Program Administrator About a PACE-Financed System: What is your PACE program administrator license number? (Check the license at dfpi.ca.gov/pace-program-administrators) Is the PACE solicitor or PACE solicitor agent I talked to enrolled with you? ( Check their enrollment with the PACE program administrator at dfpi.ca.gov/pace-program-administrators) What is the total cost of the financing over the entire course of the contract? How much will I owe for PACE financing when I pay my mortgage or property taxes? How many times a year will I owe this PACE payment? What happens if I want to sell or refinance my home? Will selling or refinancing be more difficult with PACE financing? Is there anything I have to do with the mortgage company? What are the penalties for failing to pay the assessment on time? Whom do I contact if I have problems making my PACE payments? Is the PACE solicitor or PACE solicitor agent I talked to enrolled with you? ( Check their enrollment with the PACE program administrator at dfpi.ca.gov/pace-program-administrators) cpuc.ca.gov/solarguide page 14 A Closer Look at Lease & PPA (Power Purchase Agreement) With a lease, the solar provider owns the system on your property and “rents�� it to you for a set period of time. A solar provider will install the solar system on your home, and you will make scheduled monthly payments in exchange for all the electricity the system produces. A typical lease contract period is 20-25 years. In a power purchase agreement (PPA), the solar provider owns the system on your property and sells you the electricity it generates. PPAs are similar to leases, except that instead of making a fixed monthly payment for the system, you typically pay for all the power the solar system generates (a fixed per-kilowatt-hour rate). The contract will specify the kilowatt-hour rate you pay in the first year and every year after that. This rate should generally be lower than your current electricity rate. A typical PPA contract period is 20-25 years. • If you sell your house before the lease or PPA contract is over, you will have to pay the solar provider the remainder of the value of the lease or PPA or transfer the contract to the new property owner. Make sure you understand the specific contract terms, since buying out a lease or PPA can cost thousands of dollars. • Payments for leases or PPAs will typically increase by a specified amount every year based on an “escalation clause” or “escalator.” Escalators are typically in the range of a 1 percent to 3 percent increase above the rate you paid in the previous year. Be cautious of entering into a contract with an escalator higher than that. • There may be different ways to arrange leases and PPAs, such as paying more up front to reduce your monthly payments. Questions to Ask a Lender or Solar Provider About a Lease or PPA What is the total cost of the solar system or solar energy over the entire course of the contract? How much will I pay up front, how much over time, and for how long? Will my payments increase over time? How much will they increase and how frequently? Is there an option to make a down payment to reduce my monthly payments (for a lease) or kilowatt-hour rate (for a PPA)? What happens if I wish to end the lease or PPA early? If I end my agreement early, will I owe a balloon payment and/or an early termination fee? If so, how much will I owe? Will a lease or PPA make it more difficult for me to sell or refinance my home? Who will be responsible for monitoring, operations, and maintenance of the solar system? cpuc.ca.gov/solarguide page 15 5 STEP 5: Learn About Electricity Bill Savings Electricity Bill Savings Estimates Do Not Guarantee Savings Electricity bill savings estimates are educated guesses about how much you could save with rooftop solar. They are based on several uncertain factors. Here are some reasons why it’s possible that your savings could be lower than the estimate: • Your future energy use is uncertain. For example, if your family grows, you buy an electric vehicle, or you decide to turn up your air conditioning in the summer, your energy use will go up. • If you sell your home, you could incur additional costs. For example, if a buyer doesn’t want to take on a lease or PPA, you might have to buy out the contract, which could be thousands of dollars. • Electricity prices and rates can change over time. Electricity bill savings estimates typically assume they will escalate, or rise, by a certain percentage each year (the CPUC has capped the assumed escalation rate at 4 percent for these estimates). Also, your electricity provider may require you to switch to a different rate plan in the future, which could change how much you save. • Your solar system might perform slightly worse than the estimate assumed. For example, if your area is unusually dusty, the system could generate slightly less energy than estimated. Before you sign a contract, ask yourself: if the savings end up being lower than the estimated monthly or yearly savings, does getting rooftop solar still make sense to me? cpuc.ca.gov/solarguide page 16 How Electricity Bill Savings Work If you go solar, your electricity provider will enroll you in its Net Energy Metering (NEM) program. NEM allows you to get a financial credit on your electricity bill when your solar system sends electricity back to the grid after first powering the electricity needs at your house. Usually, this credit is approximately equal to the retail rate of energy. This means that you are credited on your bill about the same amount that your electricity provider would have charged you for electricity during that time. NEM and Your Electricity Bill Consuming and Exporting Electricity Since the sun isn’t always shining, solar customers also rely on electricity from their electricity provider. After your solar system is interconnected to the grid, your monthly electricity bill will summarize how much electricity you took in or “consumed,” from your electricity provider, and how much electricity your solar system sent to the grid or “exported.” Monthly Bill Charges, Credits, and Minimum Amounts If you took in more than you sent out to the grid in any given month, you will see an overall charge on your bill. If you sent out more than you took in, you will see an overall credit. Typically, you will be able to carry forward credits to the next month’s bill, and electricity usage charges will not be due until the end of a 12-month period. Note that many electricity providers require solar customers to pay a monthly minimum bill each month just like other customers. This minimum bill may change over time. Time-of-Use Rates PG&E, SCE, and SDG&E solar customers are required to go on a time-of-use (TOU) rate plan. A TOU rate plan will charge different prices for electricity depending up on the time of day. Prices are typically higher between 4 p.m. and 9 p.m., called “peak” hours, and lower the rest of the day and at night during “off peak” hours. 12 Month Settlement Bill Typically, at the end of a 12-month period, you will receive a settlement bill, also called a “true up” bill, that settles all the credits and charges. Even though going solar can reduce your electricity costs, most customers still owe some money to their electricity cpuc.ca.gov/solarguide provider at the end of the 12 months. See graphic to the right that shows an example of an electricity bill over a 12-month cycle for a solar customer. Some electricity providers give you the option to pay your settlement bill monthly instead of annually. If you choose the monthly option, your payments will be more evenly distributed over the course of the 12 months, and you will not have to worry about paying a potentially large bill once a year. Be clear with your solar provider if you want the monthly option and double-check with your electricity provider that the correct option was chosen. Though it's rare, if you sent out more electricity than you took in over the course of the 12-month period, you are typically eligible to be paid "net surplus compensation," which is around 2 to 3 cents per kilowatt-hour. Because this rate is lower than the retail rate, it is generally not in your financial interest to install a solar system that produces more energy than you would use over the course of a year. Currently, PG&E, SCE, and SDG&E customers are guaranteed NEM for 20 years from the time their solar system starts operating. Your electricity rate, however, is subject to change. Go to www.cpuc.ca.gov/electricrates for more details on how electricity rates work. If you still have questions after reading this section, you can find help at the additional resources on pages 20-21 of this guide. Example Of A Settlement, Or “True Up” Electricity Bill $600 $560 This is an example of a settlement, or “true up,” electricity bill. It could occur in a different month for you. $400 $200 $ $10 $10 $10 Jan Feb Mar Apr $10 $10 $10 $10 $10 $10 $10 $10 May Jun Jul Aug Sept Oct Nov Dec page 17 Getting Environmental Credit for Going Green Combining Solar with Storage When a residential solar system produces electricity, the system is eligible to receive Renewable Energy Certificates (REC). If you purchase your solar system, you own any RECs created. If you enter a lease or PPA, ask your solar provider who will own the RECs, and check the contract fine print. When you install battery storage with your solar system, you can store excess solar electricity produced by your panels for use in the evening when the sun goes down. The software that comes with battery storage automatically determines whether to store the extra energy or export it to the grid to maximize cost savings. Battery storage can also provide limited back-up power. Solar system owners may sell the RECs they generate. System owners would need to qualify for the Western Renewable Energy Generation Information System (WREGIS), which issues and tracks RECs. Please visit the WREGIS FAQ at wecc.org/WREGIS/ for more information. cpuc.ca.gov/solarguide The state-funded Self-Generation Incentive Program (SGIP) provides financial incentives to install storage. See cpuc. ca.gov/sgip for more details on SGIP. page 18 STEP 6: Carefully Read All Paperwork 6 The Solar Energy System Disclosure Document This document from the Contractors State License Board shows you the total costs for the proposed solar energy system as well as estimated electric bill savings using standardized inputs and assumptions. It also has information about your three-day right to cancel a contract. A solar provider is required to fill out this document. It may be placed as the cover page to the contract. See a blank version at cslb.ca.gov/consumers/solar_smart. Contract The solar contract is the legally binding document between you and the solar provider. Make sure to read it carefully. Make sure everything you were promised is written in the contract. For example, many answers to the questions on pages 10 and 11 of this guide should be referenced in the contract. By law, any contract for solar installation must include: • Contractor information, including business address and license numbers • Description of the project, including equipment installed and materials used • Contract price, plus finance charge and/or down payment if applicable • Approximate start and end date of the contract term • Notice of a 3- or 5-day right to cancel the contract (with limited exceptions) Ask the solar provider what situations would allow you to be released from the contract. For example, if your solar provider discovers on a site visit that your roof is shaded in a way that wasn’t expected, that could cancel the contract. Financial Paperwork If you are purchasing a system with a solar loan, you will be asked to sign a separate financing agreement. The lender will provide you with this separate agreement. If you are purchasing a system with PACE financing, you must sign: (1) a Financing Application and, (2) a Financing Agreement. • Before you sign the Financing Application, read it carefully to make sure all the information is correct, including your contact information, your income, and the cost of the solar energy system. • The separate financing agreement may be provided by the solar provider, the PACE program administrator, or a financing institution. If you are using PACE financing, it should include a PACE Financing Estimate and Disclosure form showing the solar system’s total cost. A link to a blank version of this document is available at www.cslb.ca.gov/consumers/solar_smart. Make sure everything you were promised is written into any financing agreement. For example, many answers to the questions on pages 13 – 15 of this guide should be referenced in the financing agreement. cpuc.ca.gov/solarguide page 19 7 STEP 7: Review Additional Resources If you still have questions about any aspect of going solar, find resources in the list below where you can read or watch additional information, or call someone to advise you. Electricity Provider Solar Programs Pacific Gas and Electric (PG&E) • PG&E solar customer service: 877-743-4112 • PG&E clean energy: pge.com/en_us/residential/solar-and-vehicles/options/optionoverview/how-to-get-s tarted/how-to-get-started.page Southern Ca Edison (SCE) • SCE solar phone number: 866-600-6290 • SCE solar power at home: sce.com/residential/generating-your-own-power/solar-power San Diego Gas & Electric (SDG&E) • SDG&E solar phone number: 800-411-SDGE (7343) • SDG&E get started with solar: sdge.com/residential/solar/getting-started-with-solar If another electricity provider supplies you with electricity, call them or check their website for details on their solar programs. Low-Income Solar Programs • SASH and DAC-SASH program: 866-921-4696 and gridalternatives.org/qualify • Community Solar Green Tariff program and DAC Green Tariff program: cpuc.ca.gov/ solarindacs If you are not a PG&E, SCE, or SDG&E customer, contact your electricity provider for low-income solar options. Contractors State License Board (CSLB) • CSLB 24-hour licensing and consumer information: 800-321-CSLB (2752) Links with this icon have a resource available in video format. cpuc.ca.gov/solarguide • Check a contractor license or home improvement salesperson registration: cslb.ca.gov/ onlineservices/checklicenseii/checklicense.aspx • CSLB solar smart: cslb.ca.gov/consumers/solar_smart • PACE Financing Estimate and Disclosure form and CSLB Solar Energy System Disclosure document: cslb.ca.gov/consumers/solar_smart page 20 Department of Financial Protection and Innovation (DFPI) • PACE financing information: dfpi.ca.gov/pace • Financial services: 213-576-7690; http://www.dfpi.ca.gov/~pacehelp • PACE program administrator license check: dfpi.ca.gov/pace-program-administrators • Filing a complaint against a PACE provider: dfpi.ca.gov/file-a-complaint Solar Bills and Net Energy Metering (NEM) • PG&E how to read your solar bill: pge.com/en_us/residential/solar-and-vehicles/greenenergy-incentives/solar-and-re newable-metering-and-billing/how-to-read-your-bill/how-toread-your-bill.page • SCE understanding your bill: sce.com/residential/generating-your-own-power/net-energymetering/understanding-y our-bill • SDG&E understanding your NEM statement: sdge.com/residential/savings-center/solarpower-renewable-energy/net-energy-meter ing/billing-information/understanding-yournem-statement • CPUC NEM overview: cpuc.ca.gov/nem Solar Financing Guides • Clean Energy States Alliance (CESA) homeowner's guide to solar financing: cesa.org/ resource-library/resource/a-homeowners-guide-to-solar-financing-leases-loans-and -ppas • CESA una guía práctica de financiación solar para dueños de casa (en Español): cesa.org/ resource-library/resource/una-guia-practica-de-financiacion-solar-para-duenos-de -casa • CESA/George Washington University rooftop solar financing 101: cesa.org/projects/ sustainable-solar/videos Other Solar Guides • Solar Energy Industries Association (SEIA) Residential Consumer Guide to Solar Power: www.seia.org/research-resources/residential-consumer-guide-solar-power • Interstate Renewable Energy Council (IREC) Be Solar Smart Consumer Checklist: irecusa.org/consumer-protection/consumer-checklist • CESA/George Washington University Choosing a Solar Installer: cesa.org/projects/ sustainable-solar/videos cpuc.ca.gov/solarguide page 21 8 STEP 8: “Before You Sign” Checklist Make sure you have completed these items before you sign any documents! Remember, take your time and don’t feel pressured to sign a contract. Do not sign anything if you feel you need more time to do research or think about your decision. cpuc.ca.gov/solarguide Check to see if you qualify for a low-income solar program, which has strong protections for consumers. See page 6. Consider making your home more energy efficient before getting solar. This could save you money. See page 5. Get at least 3 bids for solar at your home. See page 9. Ask the solar provider for 3 customer references and call or visit them. See page 9. Check to make sure the solar provider’s license, and if applicable, the home improvement salesperson’s registration number, is current and valid with the Contractors State License Board. See page 4. Understand the solar purchasing process, including what happens after you sign a contract for solar. See page 8. Ask the solar provider the contract questions on page 4, 10, and 11 so you understand the terms of the solar contract. If you are financing your system, ask the lender, solar provider, or PACE program administrator the finance questions on page 13, 14 or 15, so you understand the terms of your financing arrangement. Read the critical information about electricity bill savings estimates on page 16, and review the standardized inputs and assumptions on the CSLB Solar Energy System Disclosure Document. Carefully read all the documents that the solar provider is asking you to sign. These usually include: 1) Solar Energy System Disclosure Document, 2) Contract, and 3) Financial Paperwork. See page 19. Save copies of all the documents you sign. The information will be useful if you sell your home, need to replace your roof, or have any repair or maintenance issues. page 22 STEP 9: Sign This Guide 9 March 2022 Have you read at least the first 4 pages of this guide? Do not feel pressured to read the complete document while the salesperson waits. The first 4 pages of the Ca Solar Consumer Protection Guide contain important information on false claims to watch out for and your rights. The CPUC recommends that solar providers* give out this guide during their first contact with potential customers, so customers may fully understand what a solar purchase involves. If a solar provider gave you this guide along with your contract, the CPUC recommends that you take at least 48 hours to read and understand this entire guide before you sign below. Ask them to come back at a later date to allow you time to read it. Customer Please affirm each of statements below by checking the boxes. If a statement does not apply to you, write “N/A” in that statement’s box. ✔ I have not yet entered into a contract for solar with the solar provider signing on page 24. ✔ The solar provider provided me with a complete copy of the Solar Consumer Protection Guide before they collected my initials and signature below. ✔ I read and initialed the first 4 pages of Ca’s Solar Consumer Protection Guide. The solar provider gave me the time to read the entire 24-page guide. ✔ I was provided an option to sign the Solar Consumer Protection Guide electronically or in handwriting. ✔ The solar provider gave me the opportunity to read this guide in Español, 中��, 한국어, Tiếng Việt, Tagalog, Armenian, Portuguese, or Dari if they spoke to me in one of those languages. ✔ If I was solicited as part of a door-to-door sale, the solar provider offered me the option to sign the Solar Consumer Protection Guide with a handwritten signature by default. I was also given the option to sign with an electronic signature. ✔ If I was solicited as part of a door-to-door sale and did not expressly request an electronic format, a complete copy of the Solar Consumer Protection Guide was provided in paper format. ✔ If I choose to sign the Solar Consumer Protection Guide electronically, I am using an email address that was created and is controlled by me prior to the sale, lease, or power purchase agreement. By signing, I affirm that I have read and understand the Ca Solar Consumer Protection Guide. I also affirm that information from my solar contract, interconnection application, CSLB Solar Disclosure Form, and/or financing agreement may be reviewed by state regulators to ensure compliance with Ca’s solar consumer protection laws. May 22, 2022 Customer Printed Name Date Robert Robert (May 22, 2022 07:38 PDT) Customer Signature continued on page 24 cpuc.ca.gov/solarguide page 23 STEP 9: Sign This Guide continued from page 23 Solar Provider Please affirm each of statements below by checking the boxes. ✔ The customer initialed the first 4 pages of the guide. ✔ The customer signed above before entering into a contract for the purchase, lease, power purchase agreement, or PACE financing of a solar system or solar energy with the company named below. ✔ The sales presentation to this customer was principally conducted in this language: May 22, 2022 Company Representative Name/Title Date (707) 285-7037 Simply Solar (May 22, 2022 07:53 PDT) Company Representative Signature Company Phone Simply Solar http://www.simplysolarca.com/~production Company Name Company Email CSLB # 991938 C-46 (Solar), C-10 (Electrical), C-39 (Roofing), B (General) Company CSLB License Number Company CSLB License Classification *A solar provider is defined in Ca Public Utilities Commissioner Decision (D.) 18-09-044 as a vendor, contractor, installer, or financing entity that enters into a contract for a power purchase agreement, lease, or purchased solar system. Pacific Gas and Electric Company (PG&E), Southern Ca Edison (SCE), and San Diego Gas & Electric (SDG&E) require solar providers to upload a signed copy of this page with a signature to their interconnection portals before interconnecting residential customers in single-family homes to the electric grid. This requirement does not apply to new home construction, multifamily buildings, or solar thermal systems. cpuc.ca.gov/solarguide page 24 SOLAR ENERGY SYSTEM DISCLOSURE DOCUMENT This disclosure shall be printed on the front page or cover page of every solar energy contract for the installation of a solar energy system on a residential building. The TOTAL COST for the solar energy system (including financing and energy / power cost if applicable) is: $ 42418.00 . To make a complaint against a contractor who installs this system and/or the home improvement salesperson who sold this system, contact the Contractors State License Board (CSLB) through their website at www.cslb.ca.gov (search: “complaint form”), by telephone at 800‐321‐CSLB (2752), or by writing to P.O. Box 26000, Sacramento, CA 95826. If the attached contract was not negotiated at the contractor's place of business, you have a Three‐Day Right to Cancel the contract, pursuant to Business and Professions Code (BPC) section 7159, as noted below. For further details on canceling the contract, see the Notice of Cancellation, which must be included in your contract. Three‐Day Right to Cancel You, the buyer, have the right to cancel this contract within three business days. You may cancel by e‐mailing, mailing, faxing, or delivering a written notice to the contractor at the contractor's place of business by midnight of the third business day after you received a signed and dated copy of the contract that includes this notice. Include your name, your address, and the date you received the signed copy of the contract and this notice. This document was developed through coordination of the Ca Contractors State License Board and the Ca Public Utilities Commission pursuant to Business and Professions Code section 7169. 13L-6 (05/2018) Construction Services Agreement – PV Solar Installation PV Solar System and Construction Agreement Details Project Information Contractor Information Legal Owner Robert Simply Solar Main Contact Robert CSL # 991938 (C46, C10, B, C39) Address City, State, Zip where-I-live 1740 Corporate Cir Petaluma, CA 94954 Phone my-Oakland-voicemail-number (707) 285-7037 Email http://dummy.us.eu.org/robert http://www.simplysolarca.com/~production Scope of Work Summary PV Solar System System Size (kW DC) 3.80 Panel Model SIL-380 BK ELITE # Panels 10 Panel DC Rating (W) 380 Installation Type Roof Mount Only Payment Summary 42418.00 Contract Price $ Payment Source(s) $42,418.00 (Cash) Payment Schedule Solar Installation Substantial Completion2 $1,000.00 $16,567.20 $22,779.90 Final Permit Inspection3 $2,070.90 Down Payment Solar Plan Approval1 Project Notes INCLUDES: SE6000 EnergyHub inverter with two SolarEdge 10KWH batteries, total 20KWH backup with 6000 watts of continuous output. Includes backup interface and critical loads panel with 4 circuits backed up (20A or less), if additional circuits (up to 8 total) add $100 each additional circuit. 1, 2, 3 – See Schedule of Progress Payments for definitions of payment schedule phases of work. Simply Solar | CSL # 991938 PV Solar System Home Improvement Agreement (Internal Use) Representative ID: DMorg Page 1 of 25 Construction Services Agreement – PV Solar Installation PV Solar System and Construction Agreement Details Issued pursuant to Ca Business & Professions Code section 7159, and Civil Code 8170 as amended May 22, 2022 This Construction Services Agreement (“Contract”) is made and entered into at this day of _____, _____ by and Robert between, ___________________________ (“Owner”) and Simply Solar (“Contractor”), with reference to the following facts and circumstances: A. The construction project (“Project”) is (or will be) located at return for good and valuable consideration from Owner, the Contractor agrees to fully execute the Work described in the contract documents below. The Owner and Contractor agree as follows: Contract Attachments: All attachments are considered binding. Attachment A Scope of Work (Description of the project, significant materials, and equipment to be used/installed. Attachment B Terms & Conditions Attachment C Mechanics Lien Warning | Required by State of Ca Attachment D Information about the Contractors' State License Board (CSLB) | Required by State of Ca Attachment E Three-Day Right to Cancel (signature required to be effective) | Required by State of Ca Attachment F Notice of Cancellation (2 copies) | Required by State of Ca Attachment G Simply Solar Limited Warranty Agreement Attachment H Supplemental Scope of Work (if applicable) Approximate Start Date Contract Date Approximate Completion Date 8 - 12 weeks Method of Payment Contract Price Down Payment $ 42418.00 $1,000.00 $42,418.00 (Cash) Terms of Financing There will be no additional work by Contractor unless specified in writing. Customer understands that project could be delayed due to plans, permits, city requirements and additional work added to original contract, thus, all start and completion dates are approximate. Customer further understands that entire agreement is contained herein. No oral representation shall be considered part of this contract unless listed in writing. All other terms and conditions stated in original contract to remain the same. Right to Copy of Executed Contract Owner is entitled to a completed copy of this agreement, signed by both Owner and Contractor, before any work may be started. Simply Solar | CSL # 991938 PV Solar System Home Improvement Agreement Page 2 of 25 Construction Services Agreement – PV Solar Installation PV Solar System and Construction Agreement Details Schedule of Progress Payments Phase of Work Completed % Completion Payment Amount 1-00 Down Payment 00 % $1,000.00 2-10 Solar Plan Approval 40 % $16,567.20 2-20 Solar Installation Substantial Completion 55 % $22,779.90 2-30 Final Permit Inspection 05 % $2,070.90 3-00 Change Orders Total Due upon receipt 100 % $ 42418.00 Phase of Work Definitions 2-10 Payments due upon “Solar Plan Approval” are due when the customer has viewed and approved the preliminary plans for construction. Work will not be scheduled until approval is received and payment is made. 2-20 Payments due upon “Solar Installation Substantial Completion” are due when installation of your solar products is completed. Installation of your solar project is considered substantially complete when all conduit, solar panels, and inverter(s) have been installed. Change order, corrections or warranty work does not exclude Owner from the obligation to provide payment. 2-30 Payments due upon “final permit” are due after Contractor receives a passing permit inspection from the issuing jurisdiction where the property is located. For Customers utilizing a financing option, all financed payments are due upon Phase 2-30: Final Permit Inspection. Cash payments are due in accordance with the Schedule of Estimated Progress Payments. The down payment may not exceed $1,000 or 10 percent of the contract price, whichever is less. Owner agrees and hereby authorizes Contractor to endorse, turnover, or otherwise negotiate any and all check(s) and/or payment(s) made by Owner to Contractor pursuant to this contract and/or change orders, including without limitation to any supplier of product or services pursuant to this contract and/or its change order(s). Utility provider – Permission to Operate (PTO) Contractor will provide support for Owner to receive a “Permission To Operate�� authorization (PTO), also known as “Interconnection” from their utility provider. Payment of any and all outstanding invoices is not subject to receipt of PTO authorization. Simple Solar cannot guarantee approval or processing time. Contingency for Extra Work and Change Orders During the course of installation Simply Solar may uncover additional repairs that must be completed to ensure the functionality of the system and protect the Owner’s property. Potential contingencies are defined in Attachment A any costs above and beyond the contingency amount will be submitted to Owner by Change Order. Change Orders become part of this contract once prepared in writing and signed by the Owner. The order will describe the scope of the extra work or change, the cost to be added or subtracted from the contract, and the effect the order will have on the construction schedule. Simply Solar | CSL # 991938 PV Solar System Home Improvement Agreement Page 3 of 25 Construction Services Agreement – PV Solar Installation PV Solar System and Construction Agreement Details The Owner may not require Contractor to perform extra or change-order work without providing written authorization prior to the commencement of any work. The Contractor's failure to comply with the requirements of this paragraph does not preclude the recovery of compensation for work performed based upon legal or equitable remedies designed to prevent unjust enrichment. Financing Notice Simply Solar is not a lender. Any financing terms listed within this agreement are intended only to illustrate the Owner's preferred financing option(s) / lender(s). Owner is responsible for remitting payments per the payment schedule, regardless of financing approval(s). Payment and Performance Bond Notice Owner has the right to require Contractor to supply payment and performance bonds, at Owner’s expense. Commercial General Liability Insurance (CGL) Notice Contractor carries general liability through: Colony Insurance Company | Policy # PACES4245326 Colony Specialty box 469012 San Antonio, TX 78246 Contractor’s insurance company may be contacted at the above address or through Wise Insurance Agency, (415) 258-9912, to check the Contractor’s insurance coverage. Workers’ Compensation Insurance Notice Contractor carries workers' compensation insurance for all employees. State Compensation Insurance Fund | Policy # 9138013 box 8192 Pleasanton, CA 94588 (888) 782-8338 http://www.scif.com/~policyassistance Contractor’s workers’ compensation insurance company may be contacted at the above address or through Wise Insurance Agency, (415) 258-9912, to check the Contractor’s coverage. The Owner and Contractor hereby agree to the terms, details, and stipulations outlined in this Construction Services Agreement – PV Solar Installation and acknowledge the receipt and understanding of all components and attachments contained therein. Owner Contractor: Simply Solar | CSL # 991938 Robert Robert (May 22, 2022 07:38 PDT) By: Robert Date: May 22, 2022 May 22, 2022 The law requires that the contractor give you a notice explaining your right to cancel. Initial below to confirm receipt of Attachment F - “Notice of the Three-Day Right to Cancel” I received the Notice of Right to Cancel: Simply Solar | CSL # 991938 PV Solar System Home Improvement Agreement RB Initial RB _______ Page 4 of 25 Construction Services Agreement – PV Solar Installation PV Solar System and Construction Agreement Details Attachment A – Scope of Work Description of the Project and Description of the Significant Materials to be Used and Equipment to be Installed Contract Date This scope of work supplements the details provided in Proposal # ___________. Scope of PV Solar System Work Contractor will provide all materials and labor required to construct a Photovoltaic Solar System as described below: 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) Drawing set of solar panels that will specify location of solar panels, inverter and conduit run. Submit plans to homeowner for approval. Submit plans to appropriate jurisdictions for approval and permits, if necessary. Submit plans to utility company for review as necessary. Provide materials for and install a system with the following specifications: Nominal kW DC System Size 3.80 # of Solar Panels 10 Module Type SIL-380 BK ELITE Individual Module Watt Rating (DC) 380 Provide and install an appropriately sized inverter according to approved plans. Provide and install the appropriate racking/mounting system according to approved plans. Provide and install a combiner box, DC disconnect and AC disconnect as necessary. Provide and install conduits for all wiring as required by system. Provide and install all wiring and connects as required by the system Submit necessary information to utility company to receive Permission to Operate from utility There will be no additional work by Contractor unless specified in writing. Customer understands that project could be delayed due to plans, permits, city requirements and additional work added to original contract, thus, all start and completion dates are approximate. Customer further understands that entire agreement is contained herein. No oral representation shall be considered part of this contract unless listed in writing. All other terms and conditions stated in original contract to remain the same. Additional Scope of Work (if applicable) (Included} [Battery Package] Battery: 2 x SolarEdge Energy Bank 10 kWh / Inverter: 1 x Sola Simply Solar | CSL # 991938 PV Solar System Home Improvement Agreement Page 5 of 25 Construction Services Agreement – PV Solar Installation PV Solar System and Construction Agreement Details Attachment B – Terms and Conditions Article 1.00 | Scope of Work 1.01. Contractor shall perform, furnish and pay for all labor, supervision, materials, equipment, tools, supplies, and other property and services necessary to timely and fully perform and furnish or cause to be timely and fully performed and furnished in a good and workmanlike manner the construction required by the Contract Documents enumerated above (the "Work"). The Work may be amended from time to time as provided in this contract. The Work, as it may from time to time be amended, shall be completed in strict accordance and conformity with and shall be subject to the Contract Documents. Contractor acknowledges (i) examination and study of the Contract Documents, (ii) personal inspection of the Project site and (iii) full understanding of the scope of the work required by this Contract. See Attachment B Article 2.00 | Time Of Commencement And Completion 2.01. Contractor shall commence and complete the Work in accordance with the time frame set forth above. Changes in the project’s design and conditions at the job site may delay completion of the Work. Delays caused by changes in design, job conditions, and circumstances beyond the control of Contractor, for example shortage of labor available to Contractor, subcontractors, or suppliers, shall not constitute a breach of this Contract for failure to complete by any particular date, and Contractor shall be entitled to an adjustment of Contract Time reflecting the amount of delays caused by such circumstances. 2.02. The Contractor reserves the right to notify the Owner in writing concerning delay days, giving the number of days and the reason for the delay once known. Article 3.00 | Contract Sum 3.01. In consideration of Contractor's performing and furnishing the Work and Contractor's compliance with this Contract, Owner agrees to pay to Contractor, and Contractor agrees to accept from Owner, as full payment for the Work and as a complete discharge of Owner's liability to Contractor, that sum enumerated above as the Contract Sum. Contractor shall pay all federal, state and local taxes and levies (including, without limitation, sales, use and excise taxes and levies, but not tariffs or taxes paid on materials imported from outside of the United States) applicable to the Work, and the Contract Sum shall not be increased as a result of Contractor paying such use and excise taxes and levies. Article 4.00 | Payment Of Contract Sum 4.01. On the basis of Applications for Payment (Invoices) submitted to Owner by Contractor, Owner shall make progress payments on the Contract Sum to Contractor, as the Work progresses, in the following manner: A. All Applications for Payment (Invoices) shall be submitted in writing by Contractor. B. Contractor shall submit to Owner an Invoice setting forth the part of the Work completed. Each invoice shall state the work completed and the amount due. No holdback or retention from any payment shall be taken unless agreed in writing by Owner and Contractor. Payment of Contractor’s invoice shall be due and payable upon receipt by Owner. After seven (7) working days, interest shall accrue at 10% per annum, .0833 % per month. Owner shall state in writing within seven days of receipt of Contractor’s Application for Payment (Invoice) the basis of any dispute for which Owner has elected to withhold any part of any payment. Simply Solar | CSL # 991938 PV Solar System Home Improvement Agreement Page 6 of 25 Construction Services Agreement – PV Solar Installation PV Solar System and Construction Agreement Details C. Payment for Additional Work is due within seven (7) working days following completion of all of the Additional Work, or upon completion of each part of the Additional Work as agreed upon by Owner and Contractor, and submittal of invoice by Contractor. 4.02. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by Owner to Contractor within seven (7) working days following substantial completion as defined by Ca Code of Civil Procedure section 337.15, and as defined in the Schedule of Progress Payments. 4.03. It is understood that if Contractor is not paid within seven (7) business days of receipt of the billing, Contractor may after two (2) business days’ written notice, stop work. Owner will be charged and will pay for demobilization and remobilization costs should this happen, and the Contract Time shall be extended to accommodate the delay. All costs for demobilization and remobilization must be paid before remobilization. Any items in dispute in any application for payment received may be deducted but will not delay the remaining payment. If work is stopped due to any of the above reasons (or for any other material breach of contract by Owner) for a period of 14 days, and Owner has failed to take significant steps to cure the default, then Contractor may, without prejudicing any other remedies Contractor may have, give written notice of termination of the Contract to Owner and demand payment for all completed work and materials ordered through the date of work stoppage, and any other reasonable loss sustained by Contractor on the balance of the incomplete work under the Contract. Thereafter, Contractor is relieved from all other contractual duties, including all punch list and warranty work. 4.04. Prior to commencement of the Work, the Contractor may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract. Thereafter, the Contractor may only request such evidence if (1) the Owner fails to make payments to the Contractor as the Contract Documents require; (2) a change in the Work materially changes the Contract Sum; or (3) the Contractor identifies in writing a reasonable concern regarding the Owner’s ability to make payment when due. The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or the portion of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. If commencement or continuation of the Work is delayed under this Section 4.04, the Contract Time shall be extended appropriately. 4.05. Payments may be withheld as a result of (i) defective work not remedied, (ii) claims filed, (iii) failure of Contractor to make payments properly to subcontractors or for labor, materials or equipment, (iv) damage to Owner or another contractor or (v) persistent failure to carry out the Work in accordance with this Contract. The amount Owner may withhold will not exceed 150% of the estimated value of the work needing remedies, claims filed, subcontractor fees, or damage. Any withholding must be explained in writing to Contractor. Payment of withheld amounts shall be paid within 15 days following resolution of the disputed item. 4.06. Any payments made via Credit Card will incur a 2.5% processing fee assessed on the amount that is being paid via Credit Card. Article 5.00 | Change Orders and Allowances 5.01. Owner may request changes in the Work (including, without limitation, alterations in, additions to or deviations or omissions from the Work) at any time after execution of this Contract. Contractor reserves the right to decline any change order request. Any change in the Work agreed by Owner and Contractor shall be included in a written Change Order signed by Owner and Contractor. Simply Solar | CSL # 991938 PV Solar System Home Improvement Agreement Page 7 of 25 Construction Services Agreement – PV Solar Installation PV Solar System and Construction Agreement Details Entering a Change Order for such changes, regardless of their magnitude, shall in no way invalidate this Contract and such changes shall be governed by the terms of this Contract. Owner is advised that approval of a Change Order might result in a delay of the completion of the Work. This Contract is based solely on the observations Contractor was able to make with the project in its condition at the time the Contract was bid. If additional concealed conditions are discovered once Work has commenced or after this Contract is executed which were not visible at the time this Contract was bid, Contractor will point out these concealed conditions to Owner, and any impacts caused by these concealed conditions will be treated as Additional Work under this Contract. Contractor is released, held harmless, and indemnified by Owner from all preexisting mold, fungus, mildew, and organic pathogen problems and is not responsible for costs or damages associated with correcting, containing, testing, or remediating the same. 5.02. Any alteration or deviation from the Scope of Work referred to in this Contract involving extra costs of materials or labor (including any overage on Allowance work and any changes in the Scope of Work required by Owner, Owner’s design professional, Owner’s agent, or governmental plan checkers or field building inspectors) will be treated as Additional Work under this Contract resulting in an additional charge to Owner as set forth herein. Contractor and Owner shall execute a Change Order for this Additional Work. Additional Work required by the building department at the jobsite shall be considered incorporated into the contract as a Change Order without being signed by both parties. 5.03. If Additional Work or a change ordered by a Change Order affects the cost of performing the Work, the Contract Sum shall be adjusted in accordance with the provision of the Change Order, subject to the following: A. In determining prices for Change Orders when a lump sum is not determined in advance, Additional Work will be charged at Contractor's cost thereof (evidenced by appropriate invoices or bills therefore) plus consultation and estimating time. B. For deletions in the Work, the Contract Sum shall be reduced by the amount of savings in cost, computed on the same basis as provided in "(A)" above for Additional Work. 5.04. As it pertains to general building specifications and conditions unrelated to the Solar system scope of work, Contractor recommends that Owner begin the Project with as complete a set of plans and specifications as possible to assist in the timely completion of the Project. However, it is not uncommon for the working set of drawings to be incomplete from a design and detail standpoint. It is not Contractor’s function to act as a design consultant, except as it specifically pertains to the scope of work for this solar project, but often times it is necessary so the Work can continue and be completed to Owner’s satisfaction. If Owner chooses not to hire outside design help, Owner and Contractor will agree to a means of financial compensation for any design-assist work by Contractor. If another format is not chosen Contractor will apply its hourly rate to the design discussions and if necessary, design drafting required to complete the Work. Owner will receive the design-time billing in the form of a Change Order. It is Owner’s responsibility to supply any design involving structural or civil engineering. Contractor shall be entitled to a Change Order for time and cost impacts caused by Owner’s failure to make decisions and provide information timely. Contractor shall have the right to terminate this Agreement due to material delays caused by Owner’s failure to make decisions or provide information timely. Article 6.00 | Insurance and Indemnity 6.01. Contractor shall supervise and direct the Work, using Contractor’s best skill and attention. Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions Simply Solar | CSL # 991938 PV Solar System Home Improvement Agreement Page 8 of 25 Construction Services Agreement – PV Solar Installation PV Solar System and Construction Agreement Details concerning construction means, methods, techniques, sequences, or procedures, Contractor shall be fully and solely responsible for the jobsite safety thereof unless Contractor gives timely written notice to Owner and Architect that such means, methods, techniques, sequences, or procedures may not be safe. 6.02. Contractor shall indemnify and hold harmless Owner, but not any design professional, consultant or other agent of Owner, from and against all liability to any third party for bodily injury, death or tangible property damage caused by the negligent acts or omissions of Contractor, but only to the extent caused by the fault of Contractor. Contractor shall have no such obligation for any claims, demands, causes of action, damages, liabilities, losses, or expenses to the extent caused by Owner or any other party other than Contractor, including any claims based on lead removal and abatement and/or exposure to lead. Nothing herein abridges the rights, if any, of Owner or Contractor to seek contribution from others where appropriate. 6.03. For claims against Owner by an employee of Contractor, a subcontractor, or anyone directly or indirectly employed by them or anyone for whose acts they may be liable, Contractor’s indemnification obligation under this section shall be limited to the amount or type of damages, compensation or benefits payable by or for Contractor or a subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 6.04. Owner shall defend, indemnify, and hold harmless Contractor, and its subcontractors, from and against any and all claims, demands, causes of action, damages, liabilities, losses and expenses arising from the Project and/or the Contract to the extent caused by the fault of Owner or its consultants, design professionals or agents. 6.05. Owner may not delay, withhold or set off payment otherwise due Contractor for reason of any claim which may be subject to Contractor’s indemnification obligation under this section. 6.06. Except in the case of failure by Owner to make payment as required under this Agreement, if (i) any lien or claim which may ripen into a lien is made or filed against the property comprising the Project site as a result of the prosecution of the Work, and (ii) Contractor fails to settle such lien or claim to Owner's satisfaction (including the recording of a full release if a lien has been recorded) within thirty (30) days after written notice from Owner, then Owner may, as its option, settle such lien or claim directly with the holder thereof and deduct all costs and expenses associated with such settlement from the Contract Sum hereunder. 6.07. Contractor recommends that Owner maintain builders’ all-risk insurance for the full value of the contract price covering all losses that might reasonably be anticipated during the course of construction, particularly in circumstances where the Solar Project is part of a broader set of Work being done at the property. Such builders’ all-risk coverage shall waive subrogation rights against Contractor and its subcontractors and shall name as insured parties and protect Contractor and its subcontractors from loss of or damage to their work, equipment, tools, and supplies, including all costs needed to replace the damaged work, including demolition, design, permit and inspection fees, labor, and materials. Owner shall be responsible for any deductible on such insurance, with the exception that Contractor shall be responsible for part of the deductible in proportion to the extent negligence of Contractor contributed to cause the loss. If Owner fails to provide builders’ risk insurance, Contractor is relieved of the obligation to restore damaged work, and Owner shall be responsible for all losses that such insurance would have covered if provided. This provision does not apply to work or defects that are covered by the Simply Solar Limited Warranty, which remains in effect regardless of if Owner provides builders’ risk insurance. Simply Solar | CSL # 991938 PV Solar System Home Improvement Agreement Page 9 of 25 Construction Services Agreement – PV Solar Installation PV Solar System and Construction Agreement Details Article 7.00 | Correction of Work 7.01. Contractor shall be provided at least seven (7) days’ notice and opportunity to commence to correct any Work (i) rejected by Owner as defective or failing to conform to the Contract Documents, whether observed before or after completion of the Work or (ii) found to be defective or nonconforming within a period of one year from the date of substantial completion, or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents. Such notice and opportunity to correct shall be a condition precedent to any right of Owner to seek any remedy for defective construction or breach of warranty. If Contractor fails to commence and correct such Work within a reasonable time following notice, Owner may deduct the cost to repair such Work from the Contract Sum. This Section shall apply to Work done by subcontractors as well as to Work done by direct employees of Contractor and shall survive the termination of the Contract. Article 8.00 | Termination of Contract 8.01. If Contract is terminated after the 3-Day Right to Cancel period for any reason, other than if the Contractor fails or neglects persistently to carry out the Work in accordance with the Contract Documents or fails persistently to perform any material provision of the Contract, then the following provisions will apply: i. Any and all costs already incurred by Contractor will immediately become due by Owner, in accordance with the Schedule of Progress Payments. These costs may include costs to perform site inspections, draft plans, pull permits, perform project management duties, procure materials, materials already delivered, installation labor costs, inspections required by jurisdiction, administrative duties, and other work necessary to complete the project. The table below is included for reference, but does not reflect the entirety of potential costs incurred. Schedule of Costs and Fees In Event of Contract Termination Service or Item Site Inspection (each visit) $250.00 Plan set drafting (no engineering) $500.00 Plan set drafting (including engineering) Permit submission Permit fees (varies by jurisdiction) ii. Cost $1500.00 $250.00 Billed at cost Admin work performed prior to permit submission $500.00 Warehousing and admin work for material procurement $250.00 In circumstances where a clear milestone has not been reached as outlined in the Schedule of Progress Payments, costs billed to the Owner shall not exceed the total amount that would have been invoiced at the next Progress Payment, plus any prior outstanding invoices. Article 9.00 | Miscellaneous 9.01 Dispute Resolution. The parties to this Contract establish this dispute resolution section to resolve any misunderstanding, concern, dispute, or question about the Contract and/or the related Work, in a prompt, efficient, and cost-effective framework. Disputes within the jurisdiction of Small Claims Court shall be brought in the Small Claims Court in the county where the Work is to be performed. For matters not within the Simply Solar | CSL # 991938 PV Solar System Home Improvement Agreement Page 10 of 25 Construction Services Agreement – PV Solar Installation PV Solar System and Construction Agreement Details jurisdiction of the Small Claims Court, the first, if any, attempt at resolution will be by negotiations between the parties. If negotiations fail to resolve the dispute, the parties agree to mediate the matter with an agreedupon mediator. If the result of mediation is unsatisfactory to either party, the dispute will be subject to arbitration. I. Mediation Should there be any misunderstanding, concern, dispute, or question about the Contract and/or the related Work, the parties agree to try in good faith to resolve the dispute by mediation with a neutral mediator knowledgeable and familiar with the residential building industry with at least ten years’ experience in the field of residential remodeling. If a mediation organization, rather than an individual, is used for the mediation, at least one member of the organization shall satisfy the preceding criteria. The mediation shall be governed by the Construction Mediation Rules of the American Arbitration Association, except that the American Arbitration Association shall be not be required to be the mediation or mediator provider. II. Arbitration a. Any controversy not resolved by mediation, arising out of the Work or regarding interpretation of the Contract or any subcontract, is subject to arbitration. Owner, Contractor, and all subcontractors, sub-subcontractors, materials suppliers, and other parties concerned with the Work are bound to each other by this arbitration clause, provided the party has signed the Contract, a contract that incorporates the Contract by reference, or any other agreement to be bound by the arbitration clause. On demand of the arbitrator or any party to an arbitration initiated under such provisions, Contractor and all parties bound by this arbitration provision agree to join in and become parties to and be bound by such arbitration proceedings. NOTICE: BY INITIALING AT THE END OF THIS SECTION YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL ARBITRATION BEFORE A SINGLE ARBITRATOR AS PROVIDED BY CA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVER AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF BUSINESS AND PROFESSIONS CODE OR OTHER APPLICABLE LAWS. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN " ARBITRATION OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION. Any arbitration related to this Contract shall be governed by the following rules: 1) Evidence and Expert Testimony. The Ca Evidence Code shall govern the arbitration. Expert testimony shall be permitted according to the same standard as allowed in a court of law. 2) Discovery. The parties may conduct any discovery permitted under the Ca Discovery Act, subject to the discretion of the arbitrator. The arbitrator shall adjudicate any disputes with regard to discovery. 3) Limit on Arbitrator's Power and Right to Judicial Review. The arbitrator shall not have the power to commit (a) errors of law or legal reasoning, (b) errors of fact, (c) errors with regard to mixed questions of law and fact. In addition, the arbitrator shall not have the power to render an award (d) not based on substantial evidence, (e) based on evidence not presented at the hearing, or (f) not in conformity with the substantive and Simply Solar | CSL # 991938 PV Solar System Home Improvement Agreement Page 11 of 25 Construction Services Agreement – PV Solar Installation PV Solar System and Construction Agreement Details procedural law of the state of Ca. If the arbitrator exceeds any of the foregoing specific powers, the award may be vacated or corrected by filing a petition pursuant to the Act in the Superior Court in and for the county of San Francisco. In reviewing the award, the Superior Court shall sit as if it were an appellate court, in all respects, including but not limited to the scope of review. The decision of the Superior Court is, itself, subject to review by the Ca appellate courts. 4) Reasoned Award. The arbitrator shall hear and determine the matter, and shall execute and acknowledge the award in writing and cause a copy thereof to be delivered to each of the parties. The award shall include factual findings, conclusions of law, and the reasons on which the decision is based. The decision of the arbitrator shall be final, binding, and conclusive, except to the extent the decision may be submitted for judicial review as provided herein. The award of the arbitrator may be confirmed by the Superior Court in the County where the Project is located, and such Court may vacate, modify, or correct the award in accordance with the prevailing sections of the Act and in accordance with the terms and conditions herein. If any party refuses or neglects to appear at or to participate in arbitration proceedings, the arbitrator is empowered to decide the controversy in accordance with whatever evidence is presented by the participating party or parties. The arbitrator is authorized to award any party or parties such sums as they deem proper for the time, expense and trouble of arbitration, including arbitration fees. The arbitrator shall be authorized to award attorney fees only as allowed by statute. RB I agree to the Arbitration provisions outlined above: Initial RB _______ 9.02. Construction Drawings. Contractor shall maintain at the Project site a complete approved (by all applicable governmental bodies) set of the construction drawings and shall deliver the same to Owner upon completion of the Work. 9.03. Security. Contractor shall be responsible for the receipt and inventorying of all material, fixtures and equipment delivered to the Project site. Owner shall be responsible to keep secure all materials and fixtures delivered to the site. Owner shall be solely responsible for protection and security of Owner’s personal property on the site, including but not limited to furniture, appliances, clothing, and accessories, and Contractor shall not be liable for loss or damage to same. Contractor will be responsible to keep secure all of Contractor’s tools and equipment present on site. Owner shall provide Contractor access to sufficient space and Contractor shall have a secure lockable place to store tools and equipment necessary to complete the project. If Contractor is asked to remove materials and or tools from the premises, this will entitle Contractor to a Change Order. Owner is responsible for keeping themselves, children, pets and neighbors away from materials and tools while Contractor or its crew is not on the Project. 9.04. Access. Owner shall have access to the Project site at all times for the purposes of inspecting the Work. Contractor and its crew will be allowed to work between the hours of 7:00 AM and 5:00 P.M., Monday through Friday, and outside these hours as permitted by Owner. 9.05. Safeguards. Contractor shall erect and maintain, as required by existing conditions and progress of the Work, all reasonable safeguards for safety and protection. 9.06. Governing Law. This Contract shall be governed by the law of the State of Ca. 9.07. Assignment. Owner and Contractor bind themselves, their successors, assigns and legal representatives to the other party hereto and to the successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations and contained herein and in the Contract Documents. Neither Simply Solar | CSL # 991938 PV Solar System Home Improvement Agreement Page 12 of 25 Construction Services Agreement – PV Solar Installation PV Solar System and Construction Agreement Details party to this Contract may assign the Contract in whole or in part without the express, written consent of the other. 9.08. Notices. All notices must be in writing. Any notice required or permitted to be delivered shall be deemed delivered, whether or not actually received, when deposited in the United States Mail, postage prepaid, Registered or Certified Mail, return receipt requested, addressed to the party at the respective address set out above, or at such other address as they have specified by written notice delivered in accordance herewith. 9.09. Liens. Except as allowed by law, Contractor shall not allow the creation or maintenance of any lien or encumbrance against the materials or equipment used in the Work. 9.10. Remedies. The duties and obligations imposed by this Contract and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 9.11. Severability. Any provision or provisions of the Contract which shall prove to be invalid, void or illegal shall in no way affect, impair or invalidate any other provision hereof, and the remaining provisions hereof shall nevertheless remain in full force and effect. 9.12. Integration. This Contract merges and supersedes all prior negotiations and understandings between the parties and constitutes their entire agreement. It may not be changed or amended except by writing executed by the authorized persons of the parties. 9.13. Conflict In Documents. If any conflict should arise between the plans, specifications, addenda to plans, and this Contract, then the terms and conditions of the Contract shall be controlling and binding upon the parties. 9.14. Photographs and Videos. Contractor may take photographs and videos from time to time of the interior and/or exterior of the Project. Owner agrees that Contractor shall own any such photographs and videos, and Owner irrevocably waives any rights, including any right to privacy and use of likeness, owner might otherwise assert in such photographs or videos. Owner specifically acknowledges that Contractor may use such photographs and videos in Contractor’s marketing materials and websites. Article 10.00 | Contractor's Conditions 10.1. Standard Exclusions: Unless specifically included in the “General Scope of Work” section above, this Contract does not include labor or materials for the following work, and Contractor shall be entitled to extra compensation and contract time if Contractor performs such work at Owner’s request, the cost of the Work is increased, and/or the time for completing the Project is delayed: a. Additional work required by governmental plan checkers on final “Red Lined�� Job copy of plans that are yet to be issued. b. Testing, removal and disposal of any materials containing asbestos (or any other hazardous material as defined by the EPA). If asbestos products, mold, and/or lead or other hazardous materials are known to be present in the building before the Work begins, it is Owner's responsibility to sub-contract the abatement of the asbestos, mold, and/or lead. If asbestos, mold, and/or lead is discovered during the process of renovation, State law requires that work must stop until proper removal or encapsulation has taken place. These delays to the Work schedule and other related costs are not the liability of Contractor. Contractor is not liable for Simply Solar | CSL # 991938 PV Solar System Home Improvement Agreement Page 13 of 25 Construction Services Agreement – PV Solar Installation PV Solar System and Construction Agreement Details c. d. e. f. g. h. i. j. k. l. m. n. o. p. q. r. s. t. u. v. w. x. y. z. any present or future hazards or injuries related to known or unknown presence of hazardous materials (including asbestos, mold, and/or lead) in the existing structure. Custom milling of any wood for use in Project. Moving Owner’s property around the site. Labor or materials required to repair or replace any Owner-supplied materials. Repair of concealed underground utilities not located on prints or physically staked out by Owner which are damaged during construction. Surveying that may be required to establish accurate property boundaries for setback purposes (fences and old stakes may not be located on actual property lines). Final construction cleaning (Contractor will leave site in “broom swept” condition). Landscaping and irrigation work of any kind. Temporary sanitation, power, or fencing. Removal of soils under house in order to obtain 18 inches (or code-required height) of clear space between bottom of joists and soil. Removal of filled ground or rock or any other materials not removable by ordinary hand tools (unless heavy equipment is specified in Scope of Work section above), correction of existing out-of-plumb or out-of-level conditions in existing structure. Correction of concealed substandard framing. Rerouting/removal of vents, pipes, ducts, structural members, wiring or conduits, steel mesh which may be discovered in the removal of walls or the cutting of openings in walls. Removal and replacement of existing rot or insect infestation. Failure of surrounding part of existing structure, despite Contractor’s good faith efforts to minimize damage, such as plaster or drywall cracking and popped nails in adjacent rooms or blockage of pipes or plumbing fixtures caused by loosened rust within pipes. Construction of a continuously level foundation around structure (if lot is sloped more than 6 inches from front to back or side to side, Contractor will step the foundation in accordance with the slope of the lot). Exact matching of existing finishes. Public or private utility connection fees unrelated to the interconnection of the solar system. Repair of damage to roadways, driveways, or sidewalks that could occur when construction equipment and vehicles are being used in the normal course of construction. Cost of correcting or responding to, or impacts caused by, errors and omissions by Owner’s design professionals and separate contractors. Cost of correcting/testing/remediating mold/fungus/mildew and organic pathogens unless caused by the sole and active negligence of Contractor as a direct result of a construction defect that caused sudden and significant water infiltration into a part of the structure. Cost of removing ponding ground water or other unusual concealed site conditions during excavation. Extra costs associated with refusal of caisson drilling, cave-ins, etc. Cost to modify and/or remanufacture custom brackets and other custom-fabricated materials that are manufactured per plans and/or specifications but do not fit properly into the structure. Repair or replacement of any clay, slate, or fiber-reinforced concrete roof tiles before, during, or after installation. Existing code violations that are at the property or are discovered during any inspection by the authority having jurisdiction (AHJ) Simply Solar | CSL # 991938 PV Solar System Home Improvement Agreement Page 14 of 25 Construction Services Agreement – PV Solar Installation PV Solar System and Construction Agreement Details 10.2. Owner Additional Obligations: To permit Contractor to perform orderly, efficient progress of the Work owner’s cooperation is required in the following respects: a. Owner shall provide sufficient usable space for Contractor’s layout and staging of materials to be used or consumed in the Work. b. During the term of this Agreement, Owner shall not contract directly with Contractor’s subcontractors, and Owner shall not give direction to Contractor’s subcontractors. Any direction to subcontractors of Contractor must be given through Contractor. Simply Solar | CSL # 991938 PV Solar System Home Improvement Agreement Page 15 of 25 Construction Services Agreement – PV Solar Installation PV Solar System and Construction Agreement Details Attachment C – Mechanics Lien Notice This notice is required by Ca Law Anyone who helps improve your property, but who is not paid, may record what is called a mechanics' lien on your property. A mechanics' lien is a claim, like a mortgage or home equity loan, made against your property and recorded with the county recorder. Even if you pay your contractor in full, unpaid subcontractors, suppliers, and laborers who helped to improve your property may record mechanics' liens and sue you in court to foreclose the lien. If a court finds the lien is valid, you could be forced to pay twice or have a court officer sell your home to pay the lien. Liens can also affect your credit. To preserve their right to record a lien, each subcontractor and material supplier must provide you with a document called a '20-day Preliminary Notice.' This notice is not a lien. The purpose of the notice is to let you know that the person who sends you the notice has the right to record a lien on your property if he or she is not paid. BE CAREFUL. The Preliminary Notice can be sent up to 20 days after the subcontractor starts work or the supplier provides material. This can be a big problem if you pay your contractor before you have received the Preliminary Notices. You may not get Preliminary Notices from your prime contractor or from laborers who work on your project. The law assumes that you already know they are improving your property. PROTECT YOURSELF FROM LIENS. You can protect yourself from liens by getting a list from your contractor of all the subcontractors and material suppliers that work on your project. Find out from your contractor when these subcontractors started work and when these suppliers delivered goods or materials. Then wait 20 days, paying attention to the Preliminary Notices you receive. For other ways to prevent liens, visit CSLB's Web site at www.cslb.ca.gov or call CSLB at 800-321-CSLB (2752). REMEMBER, IF YOU DO NOTHING, YOU RISK HAVING A LIEN PLACED ON YOUR HOME. This can mean that you may have to pay twice, or face the forced sale of your home to pay what you owe. Release of Lien: Upon receipt of payment for any portion of the work performed, the Contractor shall furnish to Owner an unconditional waiver and release pursuant to Section 8134 of the Civil Code, as applicable, for that portion of the work for which payment has been made. Payment is not subject to release provision. Simply Solar | CSL # 991938 PV Solar System Home Improvement Agreement Page 16 of 25 Construction Services Agreement – PV Solar Installation PV Solar System and Construction Agreement Details Attachment D – Information About the Contractors’ State License Board (CSLB) This notice is required by Ca Law CSLB is the state consumer protection agency that licenses and regulates construction contractors. Contact CSLB for information about the licensed contractor you are considering, including information about disclosable complaints, disciplinary actions and civil judgments that are reported to CSLB. Use only licensed contractors. If you file a complaint against a licensed contractor within the legal deadline (usually four years), CSLB has authority to investigate the complaint. If you use an unlicensed contractor, CSLB may not be able to help you resolve your complaint. Your only remedy may be in civil court, and you may be liable for damages arising out of any injuries to the unlicensed contractor or the unlicensed contractor's employees. For more information: Visit CSLB's Web site at www.cslb.ca.gov Call CSLB at 800-321-CSLB (2752) Write CSLB at box 26000, Sacramento, CA 95826. Simply Solar | CSL # 991938 PV Solar System Home Improvement Agreement Page 17 of 25 Construction Services Agreement – PV Solar Installation PV Solar System and Construction Agreement Details Attachment E – Three-Day Right to Cancel This notice is required by Ca Law You, the buyer, have the right to cancel this contract within three business days. You may cancel by e-mailing, mailing, faxing, or delivering a written notice to the contractor at the contractor's place of business by midnight of the third business day after you received a signed and dated copy of the contract that includes this notice. Include your name, your address, and the date you received the signed copy of the contract and this notice. If you cancel, the contractor must return to you anything you paid within 10 days of receiving the notice of cancellation. For your part, you must make available to the contractor at your residence, in substantially as good condition as you received it, any goods delivered to you under this contract or sale. Or, you may, if you wish, comply with the contractor's instructions on how to return the goods at the contractor's expense and risk. If you do make the goods available to the contractor and the contractor does not pick them up within 20 days of the date of your notice of cancellation, you may keep them without any further obligation. If you fail to make the goods available to the contractor, or if you agree to return the goods to the contractor and fail to do so, then you remain liable for performance of all obligations under the contract. Owner Acknowledges Receipt of this Notice Dated: May 22, 2022 Signed: Simply Solar | CSL # 991938 PV Solar System Home Improvement Agreement Robert Robert (May 22, 2022 07:38 PDT) Page 18 of 25 Construction Services Agreement – PV Solar Installation PV Solar System and Construction Agreement Details Attachment F – Notice of Cancellation (Owner Copy) This notice is required by Ca Law Date of Transaction: May 22, 2022 Date of this Notice: May 22, 2022 You may cancel this transaction, without any penalty or obligation, within three business days from the above date. If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within 10 days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be canceled. If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale, or you may, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller's expense and risk. If you do make the goods available to the seller and the seller does not pick them up within 20 days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract. To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice, or any other written notice to Contractor at the address below or send notice via email to http://www.simplysolarca.com/~production: Simply Solar 1740 Corporate Circle Petaluma, CA 94954 not later than midnight of the third business day following the Date of Transaction. I hereby cancel this transaction. Dated: Signed: --this copy is for Owner to keep-- Simply Solar | CSL # 991938 PV Solar System Home Improvement Agreement Page 19 of 25 Construction Services Agreement – PV Solar Installation PV Solar System and Construction Agreement Details Attachment F – Notice of Cancellation (Contractor Copy) This notice is required by Ca Law Date of Transaction: May 22, 2022 Date of this Notice: May 22, 2022 You may cancel this transaction, without any penalty or obligation, within three business days from the above date. If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within 10 days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be canceled. If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale, or you may, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller's expense and risk. If you do make the goods available to the seller and the seller does not pick them up within 20 days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract. To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice, or any other written notice to Contractor at the address below or send notice via email to http://www.simplysolarca.com/~production: Simply Solar 1740 Corporate Circle Petaluma, CA 94954 not later than midnight of the third business day following the Date of Transaction. I hereby cancel this transaction. Dated: Signed: --this copy is for Owner to return to Contractor upon cancellation— Simply Solar | CSL # 991938 PV Solar System Home Improvement Agreement Page 20 of 25 Construction Services Agreement – PV Solar Installation PV Solar System and Construction Agreement Details Attachment G – Simply Solar Limited Warranty Agreement THE EXPRESS WARRANTIES CONTAINED HEREIN ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, HABITABILITY, OR FITNESS FOR A PARTICULAR USE OR PURPOSE. EXCEPT AS EXPLICITLY OUTLINED IN THIS LIMITED WARRANTY, THIS LIMITED WARRANTY EXCLUDES CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES AND LIMITS THE DURATION OF IMPLIED WARRANTIES TO THE FULLEST EXTENT PERMISSIBLE UNDER STATE AND FEDERAL LAW. SOME STATES RESTRICT LIMITATIONS ON VARIOUS WARRANTIES, AND SO A CONSUMER’S RIGHTS UNDER THIS WARRANTY MAY VARY. THIS LIMITED WARRANTY MAY NOT BE VERBALLY MODIFIED BY ANY PERSON. THIS LIMITED WARRANTY IS GOVERNED BY THE LAWS OF THE STATE WHERE THE WORK WAS PERFORMED. 1. Scope of Coverage: This warranty applies to workmanship on products and components installed for a retail, residential or commercial buyer by Simply Solar Inc. on premises in Ca. It extends to the original installed address only. This warranty extends the original manufacturers component warranties for labor to replace or repair individual components such as inverters and solar electric panels. This warranty covers normal usage only. You must contact Contractor in writing for warranty service immediately upon discovering an item in need of warranty service. If the matter is urgent, you must also call Contractor and send written notice of the need for warranty service. Failure to notify Contractor of the need for warranty service within ten days of discovery of a warranty item will void this warranty. Additionally, Owner’s hiring of others or direct actions by Owner or Owner’s separate contractors to repair a warranty item are not covered by this warranty and will not be reimbursed by Contractor. No warranty is provided by Contractor on any materials furnished by Owner for installation. No warranty is provided on any existing materials that are moved and/or reinstalled by Contractor within the dwelling or the property (including any warranty that existing/used materials will not be damaged during the removal and reinstallation process). After warranty period, Owner’s sole remedy (for materials and labor) on all materials that are covered by a manufacturer’s warranty is strictly with the manufacturer, not with Contractor. Repair of the following items and related damages of every kind are specifically excluded from Contractor’s warranty: problems caused by lack of Owner maintenance; problems caused by Owner abuse, Owner misuse, vandalism, Owner modification, or alteration; and ordinary wear and tear. Damages resulting from mold, fungus, other organic pathogens or the presence of lead, asbestos, or other toxic substances are excluded from this warranty unless caused by the sole and active negligence of Contractor as a direct result of a construction defect which caused sudden and significant amounts of water infiltration into a part of the structure. Deviations that arise such as the minor cracking of concrete, stucco, and plaster; minor stress fractures in drywall due to the curing of lumber; warping and deflection of wood; shrinking/cracking of grouts and caulking; fading of paints and finishes exposed to sunlight are all typical (not material) defects in construction, and are strictly excluded from Contractor’s warranty. 2. Warranties Simply Solar Inc. warrants the workmanship on installation of the products and each component and part to be free from defects in under normal use and service for twenty-five (25) years from the date of receipt of final permit. A defect in installations shall include any material departure from good and workmanship performance. The duration of any warranty is extended, from the date of the reported failure, while the component or part is not functioning due to defect. Simply Solar Inc. further warrants that it has obtained all building permits required by Law and has substantially complied with all of their terms and conditions. Simply Solar Inc. further warrants the Installation was performed in accordance with each individual manufacturer’s specifications. Simply Solar | CSL # 991938 PV Solar System Home Improvement Agreement Page 21 of 25 Construction Services Agreement – PV Solar Installation PV Solar System and Construction Agreement Details 3. Warranty Will Cover A. Simply Solar shall bear the full cost of diagnosis, repair and replacement of any system or system component, including full pass through of all manufacture’s warranties. B. Transferring the Warranty. This warranty is fully transferable to any subsequent owner(s) of the real property at this address. Any and all notice of a sale, lease, bankruptcy, foreclosure and/or transfer of the installation property must be provided to Simply Solar, Inc. within Thirty (30) days of said transfer as described herein or the Warranty is VOIDED. C. Roof Warranty: Simply Solar warrants penetrations to your roof from the system installation, including any damage to the roof within a three (3) inch radius of any system penetration. D. One-time remove and replace. If, after year three (3) of this warranty and before year ten (10) of this warranty, the roof must be replaced or repaired (using the same for reasons beyond what is stipulated in this warranty, Simply Solar will provide labor only, at no cost to the customer, to remove the PV system and reinstall it when the appropriate work is complete. Exclusions: (a) This applies only to the removal and re-installation of the PV system and does not apply to any repairs to the roof. (b) This clause applies to the original contracted property owner, and is not transferable. (c) If Simply Solar is required to replace or provide new mounting hardware, owner will be charged for the labor required to install the new mounts, plus the cost of any additional material required. (d) Simply Solar will provide labor only, and is not responsible for any other additional costs, including costs of any necessary permits. 4. Warranty Performance A. Obtaining service. To obtain service, contact Simply Solar. Service under this warranty will be provided during (Monday-Friday) normal business hours. Any Owner and/or self or third party remedial efforts and/or removal of system components void this warranty. 5. What Is Not Covered A. Exclusions. The above warranties do not apply to: 1. 2. 3. 4. 5. 6. 7. 8. Damage, malfunction, or degradation of electrical output caused by failure to properly operate or maintain the system in accordance with the printed instructions provided with the system. Damage, malfunction, or degradation of electrical output caused by any repair or replacement using a part or service not provided or authorized in writing by Simply Solar Inc. Conditions resulting from repair or alteration by anyone other than Simply Solar Inc.’s own personnel or person duly authorized by Simply Solar Inc. to such repair or alteration. Damage malfunction, or degradation of electrical output resulting from purchaser or thirdparty abuse, accident, alteration, improper use, negligence or vandalism. Conditions resulting from a defect in a component or part which is not part of the products installed by Simply Solar Inc. Conditions resulting from any other misuse, abuse, negligence, vandalism, accidents or fire, flood, lightning, hurricane, tornado, hailstorm, windstorm, earthquake, other acts of God or other causes beyond the control of Simply Solar Inc. Normal fading and minor deterioration of exterior surfaces resulting from exposure to the elements, except conditions that do or will significantly affect performance. Damage or malfunction resulting from the performance of repairs, maintenance or replacement of customer’s roof by customer or others. Customer’s roof will naturally degrade Simply Solar | CSL # 991938 PV Solar System Home Improvement Agreement Page 22 of 25 Construction Services Agreement – PV Solar Installation PV Solar System and Construction Agreement Details over the course of this warranty. Therefore, Simply Solar Inc. shall have no liability for damage to customer’s roof that results from the performance of Simply Solar Inc.’s Warranty obligations, except to the extent it is determined that such damages were caused by Simply Solar Inc.’s gross negligence. 10. Leaks due to wind damage over 89mph are not covered by this warranty 11. If Simply Solar Inc. recommends a roof to be repaired/replaced prior to install of PV system and the customer elects to refuse this recommendation, the warranty becomes void. B. Limitation or Exclusion from Coverage. Conditions that may occur in the normal operation of any product shall not be invoked by Simply Solar Inc. to reduce or defeat the coverage C. Performance of System. Simply Solar Inc. makes no warranty as to the full production performance of any product since this depends upon variable factors which are impossible to predict or control. Any decrease in performance due to increased shading, poor weather, pollution, or other uncontrollable variables is not covered by this warranty. 6. Some Things Buyer Must Do A. You are required to provide reasonable and necessary maintenance and care in accordance with Simply Solar Inc.’s and manufacturer’s operating and maintenance instructions. B. If it appears that any component or part is not functioning properly, promptly notify Simply Solar Inc. by phone and in writing within 30 days of final permit. Early attention to a minor problem may help avoid a serious problem later. C. Provide information regarding the change of property ownership immediately. 7. Other Rights and Remedies A. These Remedies are Exclusive. SIMPLY SOLAR INC. WILL COVER (A) CONSEQUENTIAL DAMAGES TO THE PRODUCT IN WHICH THE IMPROPERLY FUNCTIONING COMPONENT OR PART IS INSTALLED AND (B) INCIDENTAL EXPENSES INCURRED TO REPAIR OR REPLACE, AS NECESSARY, ANY COMPONENT OR PART INJURED AS A RESULT. EXCEPT THAT SIMPLY SOLAR INC. SHALL NOT BE LIABLE FOR CONSEQUENTIAL DAMAGES (SUCH AS LOSS OF TIME, INCONVENIENCE, LOSS OF USE OF THE PRODUCT, UTILITY COMPANY BILLS, HEALTH CONCERTNS, ETC) OR ANY INCIDENTAL EXPENSES RESULTING FROM ANY BREACH OF THE ABOVE EXPRESS WARRANTIES. B. No other Expressed Warranties. Unless otherwise explicitly agreed in writing, and as passed through as set forth above, it is understood that these are the only written warranties given by Simply Solar Inc., and Simply Solar Inc. does not authorize any assumptions made for any other obligations or liabilities in connection with our products, any components or parts, or installations by Simply Solar Inc. C. Implied Warranties. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state, including implied warranties or merchantability and, in certain instances, of fitness for a particular purpose. D. Arbitration. Any dispute between the buyer and Simply Solar Inc. pertaining to this warranty will be resolved by arbitration according to the Construction Industry Rules of the American Arbitration Association. If Arbitration is unsuccessful and/or this procedure is not followed pursuant to this Warranty, then any and all administrative remedies must and shall be exhausted prior to any and all potential litigation. Any and all suits must be filed in Sonoma County, Ca. Simply Solar | CSL # 991938 PV Solar System Home Improvement Agreement Page 23 of 25 Construction Services Agreement – PV Solar Installation PV Solar System and Construction Agreement Details PV System Annual Production Warranty A. Simply Solar warrants that in the first 12 months of operation, the PV solar system will generate a minimum of 90% of the quoted kilowatt-hours production. The quoted annual production of the solar 5225 system is __________________ kWh. B. After year one (1) of this warranty, the annual production of the PV solar system shall no longer be warranted by Simply Solar, however, the production of the the solar panels will continue to be under a production warranty by the manufacturer of the PV solar panel. Please see the manufacturer’s warrantyfor details regarding their performance warranty. Simply Solar’s annual production warranty will not applyif any exclusions outlined in part 5 of this Warranty Agreement are met. C. PV System Annual Production Warranty Remedies i. In the event of a valid claim in respect of the PV System Annual Production Warranty, the cstomershall be entitled to the following remedy: 1. Additional panels shall be added to the original system in order to achieve 90% of the quoted kilowatt-hour production, if possible. 2. In the event the above remedy (1) cannot be achieved, a one time payment shall be made tothe customer equal to $1.00 per kilowatt-hour of production below 90% of the quoted annual system production. • Example: o Original system quoted production: 10,000 kWh annually o 90% production threshold = (10,000 kWh) x 90% = 9,000 kWh o If the system produces 8,500 kWh of production over the course of it's first yearin operation, customer would be entitled to a payment of $500.00. ( 9,000 kWh - 8,500 kWh ) x $1.00 = $500.00 Simply Solar | CSL # 991938 PV Solar System Home Improvement Agreement Page 24 of 25 Construction Services Agreement – PV Solar Installation PV Solar System and Construction Agreement Details Attachment H – Supplemental Scope of Work (if applicable) For projects that contain any of the following types of work listed in this Supplemental Scope of Work, the scope of work shall be as follows. 1. Electrical Main Panel Upgrade (MPU) The scope of work for a main panel upgrade shall consist of removing a single existing electrical main service panel and installing a new main service panel in the current location with new breakers. Exclusions and conditions: a. Main panel upgrades which require moving the main panel to a new location are will incur additional costs. No work will proceed until a change order is issued and agreed upon. b. Trim for the panel shall be 1"x4" primed wood trim. Any other trim request will be at homeowner's expense. Stucco, shingles, concrete siding or any other siding material will not be matched and is not included as part of the scope of work. c. Trim will be primed only. Trim will not be painted to match house color. d. Should existing main panel housing need to be removed or altered, Simply Solar is not responsible for fixing or replacing such housing. e. Any and all PG&E fees related to the main panel upgrade will be passed on to the customer. 2. Battery Installation The scope of work for any battery installation will consist of: a. Install SolarEdge Backup Interface or equivalent b. Install SolarEdge Energy Hub Inverter c. Install specified battery product d. Relocate up to 6 circuits from one electrical panel to a backed-up loads panel unless otherwise specified. Exclusions and conditions: a. Moving or pulling circuits from multiple electrical panels is not included b. Circuits can not be pulled or moved from interior electrical sub-panels c. If Simply Solar is required to cut into drywall as part of the battery installation, patching and drywall repair is not included in this scope of work. Simply Solar | CSL # 991938 PV Solar System Home Improvement Agreement Page 25 of 25 Simply Solar Agreement Final Audit Report Created: 2022-05-22 By: David Morgan (http://www.simplysolarca.com/~dmorgan) Status: Signed Transaction ID: CBJCHBCAABAAaFfYvnpoj_y2gqHLXCuso8_UH7tYsP_r 2022-05-22 "Simply Solar Agreement" History Document created by David Morgan (http://www.simplysolarca.com/~dmorgan) 2022-05-22 - 2:39:56 AM GMT- IP address: 13.110.74.8 Document emailed to Robert (http://dummy.us.eu.org/robert) for signature 2022-05-22 - 2:40:02 AM GMT Email viewed by Robert (http://dummy.us.eu.org/robert) 2022-05-22 - 2:20:49 PM GMT- IP address: 173.228.7.7 Document e-signed by Robert (http://dummy.us.eu.org/robert) Signature Date: 2022-05-22 - 2:38:41 PM GMT - Time Source: server- IP address: 173.228.7.7 Document signing automatically delegated to Simply Solar ( http://www.simplysolarca.com/~production) by Simply Solar - Rockin Roofers (http://www.simplysolarca.com/~sgreen) 2022-05-22 - 2:38:43 PM GMT Document emailed to Simply Solar - Rockin Roofers ( http://www.simplysolarca.com/~sgreen) for signature 2022-05-22 - 2:38:43 PM GMT Document emailed to Simply Solar (http://www.simplysolarca.com/~production) for signature 2022-05-22 - 2:38:44 PM GMT Email viewed by Simply Solar (http://www.simplysolarca.com/~production) 2022-05-22 - 2:53:41 PM GMT- IP address: 66.249.84.186 Document e-signed by Simply Solar (http://www.simplysolarca.com/~production) Signature Date: 2022-05-22 - 2:53:52 PM GMT - Time Source: server- IP address: 73.158.66.40 Agreement completed. 2022-05-22 - 2:53:52 PM GMT