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Home My WebLink About_SOLR23-0655_J. Morales - Contract RESIDENTIALINSTALLATIONAGREEMENT HOMEIMPROVEMENTCONTRACT EFFECTIVE DATE:____________________FILE NO:____________________ ͻ/{ha9wͼʹͻ/hbw!/hwͼʹ ___________________ __________________________________ Sunlogix Energy Inc. __________________________________ 77585 Enfield Ln Suite A Palm Desert __________________________________ Ca, 92211 California Contractors State License Board Telephone: ________________________ Contractor License #1063414 System Size kilowatts (DC): _____________ __________ __________ .Project.NameandaddressoftheProject:.ConstructionFunds. Name and address of the Construction Lender (if any): O0B ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ ________________________________________________________________________ gnificantMaterialstobeUsedandEquipmenttobe 3.DescriptionoftheProjectandDescriptionoftheSi Installed.Contractor will install the following solar and electrical and sustainability equipment at the Project address set forth above. Contractor will secure and pay for all required building permits, but Customer will pay assessments and charges required by public agencies and utilities for financing or repaying the cost of sewers, storm drains, water service and other utilities (including sewer and storm-drain reimbursement charges, revolving fund charges, hookup charges, and the like), as applicable. 760.844.6507 | www.sunlogix.com QUANTITY EQUIPMENT DESCRIPTION 4.ContractPrice. The price of the work to beperformed by Contractor is $ ____________ 5.Rebates,FederalTaxCredit. Less the rebate and/or credit (if any) is $ ____________ (Estimated) 1 Less the Customer Discount (if any) is $ ____________ Λ/ǒƭƷƚƒĻƩ͸ƭ CźƓğƌ {ǤƭƷĻƒ /ƚƭƷ !ŅƷĻƩ wĻĬğtes & Grants Subtracted: $ ____________) 6.PaymentSchedule.Customer will pay to Contractor the following amounts as Progress Payments: ue upon execution of this Agreement. Down Payment: $ ______________D $ ______________at Material Order/Permit Submittal (estimated) Due________________________ on_____________ Schedule of 1 Progress at Material Delivery $ ______________ ________________________ on_____________ Due (estimated) Payments: $ ______________ at Building & Safety Sign Off ________________________ on_____________ (estimated) Due 7.ApproximateStartDate. Work will commence on the following date: ________________. ͻSubstantial commencement of the ǞƚƩƉͼ ƒĻğƓƭ źƓƭƷğƌƌğƷźƚƓ of work or materials, including temporary facilities, at the Project site. 8.ApproximateCompletionDate. The work required by this contract will becompleted on the following date: ________________. Installation Agreement 2 CUSTOMER INITIALS SCE Residential 9.Delay. Contractor shall be excused for any delay in completion of the contract caused by acts of God; acts of /ǒƭƷƚƒĻƩ ƚƩ /ǒƭƷƚƒĻƩ͸ƭ ğŭĻƓƷͳ źƓĭƌement weather; labor trouble; acts of public utilities, public agencies or inspectors; extra work; failure of Customer to make Progress Payments promptly; or other contingencies unforeseen by and beyond the reasonable control of Contractor. The Contract Price may be subject to change by Contractor in the event of any delay of completion of the Project caused by any acts of Customer ƚƩ /ǒƭƷƚƒĻƩ͸ƭ ğŭĻƓƷ ƌğƭƷźƓŭ ƒƚƩĻ ƷŷğƓ ƷŷźƩƷǤ ΛЌЉΜ ķğǤƭ͵ 10.Third-PartyApproval. In the event that third-party approval is required for commencement of the Project, Customer shall use all reasonable efforts to secure the required approval prior to commencement ƚŅ ƷŷĻ tƩƚƆĻĭƷ͵ ͻŷźƩķ-paƩƷǤ ğƦƦƩƚǝğƌͼ źƓĭƌǒķĻƭͲ ĬǒƷ źƭ ƓƚƷ ƌźƒźƷĻķ ƷƚͲ ğƦƦƩƚǝğƌ ĬǤ ğƓǤ ŷƚƒĻƚǞƓĻƩ͸ƭ association having authority over the Project site. 11.ListofDocumentstobeIncorporatedintoth The following Contract Documents are isAgreement. attached hereto and incorporated into the contract: Nbovgbduvsfs!xbssboujft! 36!Zfbs!xpslnbotijq!xbssbouz 12.PlansandSpecifications.The Project will be constructed according to plans and specifications which have been provided by Contractor to Customer, as referenced above. The plans and specifications are intended to supplement each other. In case of conflict, the plans shall have control over the specifications, and the provisions of this Agreement shall control both. 13.Mechanics͸LienReleases. If requested by Customer, Contractor will provide unconditźƚƓğƌ ƒĻĭŷğƓźĭƭ͸ lien releases after every Progress Payment, and will also provide full and unconditźƚƓğƌ ƒĻĭŷğƓźĭƭ͸ ƌźĻƓ releases from any potential lien claimant upon completion of the Project and the agreed payment of the Contract Price. 14.LaborandMaterials. Contractor shall pay all valid charges for labor and materials incurred by Contractor and used in the construction of the Project, but Contractor is excused by Customer from this obligation for bills received in any period during which Customer is in arrears in making Progress Payments to Contractor. 15.RighttoStopWork.Contractor shall have the right to stop work on the Project if any payment is not made to Contractor when due; Contractor may keep the Project idle until all payments due are received. 16.NoteaboutExtraWorkandChangeOrders. Extr a Work and Change Orders become part of this Agreement once the Change Order is prepared in writing and signed by both Customer and Contractor prior to the commencement of any work covered by the Change Order. The Change Order must describethe scope of the extra work or change, the cost to be added or subtracted from the Contract Price, and the effect the Change Order will have on the schedule of Progress Payments. , or any public agency 17.ExtraWork. Should Customer, Construction Lender or inspector direct any modification or addition to the work covered by this Agreement, the cost shall be added to the Contract tƩźĭĻ͵ CƚƩ ƷŷĻ ƦǒƩƦƚƭĻ ƚŅ Ʒŷźƭ ƦğƩğŭƩğƦŷͲ ͻĭƚƭƷͼ źƭ defined as the cost of extra subcontractors, and labor Changes in the Agreement shall be evidenced in writing signed by both Customer and Contractor. Any expense cipated ground conditions such as f incurred because of unusual or unantiill, hard soil, rock, or groundwater shall be paid for by Customer as Extra Work excluding roof top solar. Installation Agreement 3 CUSTOMER INITIALS SCE Residential CHANGE ORDER (E xample) Customer and Contractor agree that the following will be added to or deleted from the work to be performed under this Agreement: The Contract Price is changed as follows: 0.00 AMOUNT ADDED TO THE CONTRACT PRICE: $ _______________ 0.00 (or) AMOUNT DEDUCTED FROM THE CONTRACT PRICE: <$ _______________> PAYMENT FOR THE CHANGE ORDER WILL BE ADDED TO (OR SUBTRACTED FROM) THE AMOUNTS OF OF THE WORK AUTHORIZED (OR DELETED) BY THE CHANGE ORDER. 18.NoticeofCompletionofProject. Customer agrees to sign a Notice of Completion within 5 days after completion of the Project. 19.Insurance. Contractor will provide certificates to Customer. 20.Cleanup.Upon completion of the Project, Contractor will remove all debris and surplus material from the Premises and leave it in a professional manner. 21.SuccessorsandAssigns. ŷźƭ !ŭƩĻĻƒĻƓƷ ƭŷğƌƌ ƓƚƷ ĬĻ ğƭƭźŭƓĻķ ĬǤ ĻźƷŷĻƩ ƦğƩƷǤ ǞźƷŷƚǒƷ ƷŷĻ ƚƷŷĻƩ ƦğƩƷǤ͸ƭ written consent. This Agreement is binding on the parent, any subsidiary and successor companies to Contractor, and on the surviving corporation in the event of a merger or acquisition. 22.Warranties. Major components, solar panels,inverters, transformers, and other major renewable ĻƓĻƩŭǤ ĻƨǒźƦƒĻƓƷ ƭǤƭƷĻƒƭ ĭƚƒƦƚƓĻƓƷƭ ğƩĻ ĭƚǝĻƩĻķ ǒƓķĻƩ ƷŷĻ ğƦƦƌźĭğĬƌĻ ƒğƓǒŅğĭƷǒƩĻƩ͸ƭ ǞğƩƩğƓƷźĻƭ͵ Contractor warrants the installation of the solar, electrical and other renewable energy equipment systems (the product) parts for a period of (25) years from the date the system is commissioned for operation. If during this period there is a defect in the installation of the product that results in a system or component breakdown or a degradation of electrical output of more than 10%, Contractor shall, at its sole option, repair or replace the defective product. This warranty shall be void if the product is not operated and maintained in accordance with the written operation and maintenance specifications provided to the system owner, or if the product has been modified, repaired or reworked in a manner not authorized by Contractor in writing, or if the equipment has been abused or operated outside the limits of its electrical or Installation Agreement 4 CUSTOMER INITIALS SCE Residential environmental specifications. Additionally, Contractor warrants any roofing work or damage performed by Contractor including the replacement of broken tiles for a period of (25) years from the date such work is completed. These warranties are expressly in lieu of all other warranties, either express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose, use or application, and all other obligations or liabilities on the part of the Contractor, unless other such obligations are expressly agreed to in writing by the Contractor. 23.LimitationofLiability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CONTRACTOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THIS AGREEMENT, UNDER ANY CAUSES OF ACTION, WHETHER UNDER COMMON LAW OR BY STATUTE. TO THE MAXIMUM EXTENT PERMITTED BY LAWͲ /hbw!/hw͸{ \[L!.L\[L {I!\[\[ BE SOLELY LIMITED TO THE AMOUNT ACTUALLY PAID TO CONTRACTOR BY CUSTOMER UNDER THIS AGREEMENT. 24.ForceMajeure. Contractor shall not be liable in any respect for failure or delay in the fulfillment or performance of this Agreement, if such performance is hindered or prevented, directly or indirectly, by war, riots, embargo, national emergency, shortage or inability to secure fuel, power, material or labor;fire, flood, windstorm or other acts of God; strikes, lockouts or other labor disturbances (whether amongemployees of Contractor, Contractor suppliers, or other); delays, failure and/or refusal of suppliers to supply materials; orders or acts of any government or governmental agency or authority (inclusive of any measures adopted by any state, local or federal agency or authority or quasi-governmental authority affecting rebate or tax źƓĭĻƓƷźǝĻ ƦƚƌźĭǤΜͳ ƚƩ ğƓǤ ƚƷŷĻƩ ĭğǒƭĻ ƚŅ ƌźƉĻ ƚƩ ķźŅŅĻƩĻƓƷ ƉźƓķ ĬĻǤƚƓķ /ƚƓƷƩğĭƷƚƩ͸ƭ ƩĻğƭƚƓğĬƌĻ ĭƚƓƷƩƚƌͲ ğƓķ which by the exercise of reasonable diligence Contractor is unable to prevent. 25.AssumptionsandExclusions.Customer may select Contractor for periodic system cleaning and maintenance recommended by the manufacturer. This option will be quoted upon the request of Customer and is not included in this Agreement. Customer is solely responsible for the system maintenance as required by the system manufacturer and shall be solely liable for any damages and losses related to failure to comply with those requirements. 26..EntireAgreement,ModificationsandWaiver. This Agreement, withall Contract Documents incorporated into it, is the entire agreement between the parties. No oral or written communications or negotiations that occurred before execution of this Agreement are considered to be a part of this Agreement. This Agreement can be modified only by a written document signed by both Customer and Contractor, or by a valid Change Order. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. .ApplicableLaw,JurisdictionandVenue. This Agreement shall be deemed to have been entered into and 27 shall, in all respects, be interpreted, construed, enforced and governed by and under the laws of the State of California. Installation Agreement 5 CUSTOMER INITIALS SCE Residential n and paragraph headings contained in this Agreement 28.SectionHeadings,GenderandSyntax. The sectio arefor reference purposes only and shall not affect in any way the construction or interpretation of this Agreement. Whenever in this Agreement the context so requires, the masculine or feminine or neuter gender and the singular and plural number shall be deemed to refer and include the other. 29.Severability. If any provision of this Agreement is held invalid or unenforceable, in whole or in part, by any arbitrator or court of final jurisdiction, it is the intent of the parties that all other provisionsof this Agreement be construed to remain fully valid, enforceable and binding on the parties in all respects as if such invalid or unenforceable provision were omitted. Any arbitrator or court of final jurisdiction will have the authority to modify or replace the invalid or unenforceable term or provision with a valid and enforceable term or provision that most accurately represents the intention of the parties. 30 .InformationAbouttheContract orsStateLicenseBoard(CSLB). For more information: Visit the CSLB website at http://www.cslb.ca.gov Call CSLB at (800) 321-CSLB (2752) Write CSLB at P.O. Box 26000, Sacramento, CA 95826. Installation Agreement 6 CUSTOMER INITIALS SCE Residential 31.Three-DayRighttoCancel (Civil Code §1689.7(a)(4) and Business and Professions Code §7159(e)(6)(B)). Customer has the right to cancel this Agreement within 3 business days. You may cancel by e-mailing, mailing, faxing or delivering a written notice to ContractƚƩ ğƷ /ƚƓƷƩğĭƷƚƩ͸ƭ ƦƌğĭĻ ƚŅbusiness by midnight of the third business day after you received a signed and dated copy of this Agreement. Include your name, your address, and the date you received the signed copy of this Agreement. If you cancel, Contractor must return to you anything you paid within 10 days of receiving thenotice of cancellation. For your part, you must make available to Contractor at the Project site, in substantially as good condition as you received it, any goods delivered under this Agreement; or, you may, źŅ Ǥƚǒ ǞźƭŷͲ ĭƚƒƦƌǤ ǞźƷŷ /ƚƓƷƩğĭƷƚƩ͸ƭ źƓƭƷƩǒĭƷźƚƓƭ ƚƓ ŷƚǞ Ʒƚ ƩĻƷǒƩƓ ƷŷĻ ŭƚƚķƭ ğƷ /ƚƓƷƩğĭƷƚƩ͸ƭ ĻǣƦĻƓƭĻ and risk. If you do make the goods available to Contractor and 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 Contractor, or if you agree to return the goods to Contractor and fail to do so, then you remain liable for performance of all obligations under the contract. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date above. DATED: _________________ ͻ/{ha9wͼ _____________________________________________ /ǒƭƷƚƒĻƩ͸ƭ {źŭƓğƷǒƩĻ _____________________________________________ Print Name of Customer _____________________________________________ /ǒƭƷƚƒĻƩ͸ƭ {źŭƓğƷǒƩĻ _____________________________________________ Print Name of Customer DATED: _________________ ͻ/hbw!/hwͼ SunLogix Energy Inc. By: _________________________________________ Name: ZacharyNoahGamez Dp.Gpvoefs0Qsftjefou Title:_________________________________________ Installation Agreement 7 CUSTOMER INITIALS SCE Residential