2023A-05326-CHC-ROC Notice of Hearing and Packet MAILED
2023A-05326-CHC-ROC · Registrar of Contractors · 2023-08-17
REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Jennifer Lynn Cline , Case No. 2023-05326 DBA: , Docket No. 2023A-05326-CHC-ROC COMPLAINANT, v. NOTICE OF HEARING ON CONTESTED CASE Sunrun Installation Services Inc License No. License Nos. ROC 294836, 325964, 326793, 339306 RESPONDENT.
This Notice of Hearing is issued under A.R.S. § 41-1092.05(D). HEARING INFORMATION The hearing is set for: September 27, 2023 9:00 AM Sondra Vanella Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.
If you have requested to appear in-person at the hearing, the hearing will be held at 1740 W Adams Street, Phoenix, AZ 85007.
You must attend this hearing. This is an adversarial hearing before an administrative law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be
prepared to present evidence, including witness testimony and documents, in support of your case. STATEMENT OF LEGAL AUTHORITY AND JURISDICTION The State of Arizona has determined that the licensing and regulation of construction contractors is a proper state function, and has vested authority in the Registrar of Contractors to administer Title 32, Chapter 10 of the Arizona Revised Statutes. A.R.S. §§ 32-1101 et seq. All hearings for alleged violations of Title 32, Chapter 10 are conducted under Title 41, Chapter 6, Article 10. A.R.S. § 32-1156. The statutes and rules governing the hearing can be found at: Arizona Revised Statutes §§ 41-1092 to -1092.12, and Arizona Administrative Code R2-19-101 to -122. PARTICULAR ARIZONA STATUTES AND RULES INVOLVED The statutes and rules the Respondent is alleged to have violated are cited in the complaint and citation, which were served on the Respondent on July 20, 2023. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED The complaint and citation allege that the Respondent committed the following act(s):
Charge: 1 A.R.S. § 32-1154(A)(3) - R4-9-108(a)
Charge: 2 A.R.S. § 32-1154(A)(22)
THE PARTIES TO THE ADMINISTRATIVE HEARING Because Respondent is a licensee and is charged with an act(s) or omission(s) that is
cause for the suspension or revocation of a license, Respondent is a party to this case and will
be a party to the hearing.
Because Complainant alleged Respondent committed an act(s) or omission(s) that is
cause for the suspension or revocation of a license, Complainant is a party to this case and will
be a party to the hearing.
Respondent and Complainant, as the parties to the hearing, will present evidence and argument to the administrative law judge. The Registrar’s assigned investigator will appear as a witness at the hearing. RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney. A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32- 1156(B). CHANGE OF ADDRESS Each party must inform the Registrar and the Office of Administrative Hearings of any change of address within five (5) days of the change. A.R.S. § 41-1092.04. HEARING PROCEDURES AND RULES The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092 to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and processes governing the administrative hearing. Copies of the statutes, rules, and articles regarding the administrative hearing process can be found at https://www.azoah.com/.
REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE
The Registrar’s investigators, employees, and attorneys will appear at the hearing via
video conference or telephone unless requested by a party to appear in-person. Requests for
the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with
the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days
prior to the hearing date.
HEARING PACKET In the interests of administrative efficiency, the Registrar compiles and discloses
certain documents to the parties and the Office of Administrative Hearings. These documents are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit
additional evidence, they must do so during the hearing after completing a disclosure statement. See “Disclosure Statement” section below.
SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS
The parties to the hearing must be prepared to present evidence in support of their
case. If a party wants to obtain testimony from a witness or documents not in the party’s
possession, the party must prepare and file a written subpoena for the Administrative Law
Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a
subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com.
The party seeking a subpoena must serve notice on all the parties to the hearing, and on the
Registrar. A.R.S. § 41-1092.04.
DISCLOSURE STATEMENT At least seven calendar days before the hearing, each party must prepare and serve a
disclosure statement on all other parties, and file it with the Office of Administrative Hearings.
A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the
party will use at the hearing. A party’s failure to timely disclose any witness or exhibit,
without good cause, may result in the administrative law judge excluding those witnesses or
exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is
available on the Registrar’s website at https://roc.az.gov/content/prehearing-disclosure-
statement.
CHANGING THE HEARING DATE The date of the hearing may only be advanced or delayed on the agreement of the parties or on a showing of good cause. A.R.S. § 41-1092.05(C). The date of the hearing may be changed by filing a written agreement of the parties to change the date of the hearing. The written agreement must be filed with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The
assigned Administrative Law Judge may be found on the Office of Administrative Hearings’ web portal at www.azoah.com If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties. The motion must state in detail good cause for why the date of the hearing should be advanced or delayed, and the position of all other parties regarding the advancement or delay. A party may also file a motion asserting a right to an expedited hearing upon a showing of extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).
RESOLUTION SHORT OF ADJUDICATION
In any case which is resolved or settled by the parties, or which is withdrawn by the
Complainant without objection from Respondent after the Notice of Hearing is issued, the
parties must notify the Office of Administrative Hearings of the resolution or settlement. Any
such cases will be listed on the Registrar’s website and its records under the category: “Closed
Complaints – Resolved/Settled/Withdrawn.”
Dated August 17, 2023.
By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors Copy mailed via USPS First Class mail August 17, 2023 to: Respondent(s) Sunrun Installation Services Inc Worlds Fair Dr Somerset, NJ 08873 John C. Kelly, Esq. 2800 N Central Ave Ste 1900 Phoenix, AZ 85004
Complainant(s) Jennifer Lynn Cline 7977 West Robin Lane Peoria, AZ 85383
Copy sent electronically this same date to: Respondent at email address on record with the Registrar Respondent’s Attorney at email address of record with Registrar Complainant at email address on record with the Registrar
Case No. 2023-05326 /
Katie Hobbs, Governor Martin Quezada, Director
Hearing Packet FAQ What is the Hearing Packet?
The Hearing Packet is a packet of certain documents collected or issued by the Registrar over the course of its investigation.
Who gets the Hearing Packet?
The Hearing Packet is assembled and distributed to all parties and to the Office of Administrative Hearings (“OAH”) prior to an administrative hearing.
What types of cases does the Registrar prepare a Hearing Packet for?
The Registrar prepares a Hearing Packet for Complainant-Handled Cases and No-Pay Cases. Note: If the Docket Number on the Notice of Hearing contains a “CHC” or “NPC”, your case is a Complainant-Handled Case or a No-Pay Case.
What is in the Hearing Packet?
The Hearing Packet contains essential case-specific documents and at a minimum will include the following documents:
● Original complaint;
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ
Katie Hobbs, Governor Martin Quezada, Director
● Citation; and ● Answer.
The Hearing Packet will also contain the following documents (if applicable):
● Jobsite inspection notices, notes, and photos; ● Written directives; and ● Compliance inspection notices, notes, and photos.
What if there are documents missing from the Hearing Packet?
If there is any evidence you submitted to the Registrar that are not included in the Hearing Packet it is your responsibility to introduce that evidence at the administrative hearing. Note: The administrative law judge assigned to your case does not have access to the entire Registrar record.
If there is additional evidence you submitted to the Registrar during the investigation that you also want to introduce as evidence during your hearing, it is your responsibility to:
● Properly disclose that evidence to the other party; and ● Introduce the evidence during your hearing.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ
Katie Hobbs, Governor Martin Quezada, Director
How do I disclose evidence I intend to use at a Hearing?
You must properly disclose any and all documents and witnesses you intend to use at your hearing according to the Registrar’s Prehearing Disclosure Rules. See Arizona Administrative Code Section R4-9-118.
A sample prehearing disclosure form and instructions are provided to the parties by the Registrar.
How do I obtain documents I previously submitted to the Registrar?
If you previously submitted documents to the Registrar and need a copy of these documents, please contact the Registrar’s Legal Department or submit a public records request at https://roc.force.com/AZRoc/s/roc-public-request.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ
Katie Hobbs, Governor Martín Quezada, Director
Complainant: Jennifer Lynn Cline 7977 West Robin Lane Peoria, AZ 85383
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director
Respondent: Sunrun Installation Services Inc Worlds Fair Dr Somerset, NJ 08873
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director
May 9, 2023
Jobsite Inspection Notice Re: Complaint Number 2023-05326
Dear Complainant and Respondent:
A formal complaint has been filed with the Arizona Registrar of Contractors.
A jobsite inspection is scheduled for May 24, 2023 at 11:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.
COMPLAINANT: 1. Under A.R.S. § 32-1155(D)(1), the Respondent must be allowed, upon request, the opportunity to inspect the work complained of within fifteen (15) days of receiving this notice. If Respondent is not provided an opportunity to inspect the work within the fifteen (15) day time period, the Registrar may be prohibited from taking further action on this complaint. 2. The Registrar may also be precluded from taking further action on this complaint, if the work that is the subject of the complaint is subject to neglect, modification, or abnormal use. A.R.S. § 32-1155(D)(2) 3. You must provide safe access to any area to be inspected. If access to a roof or other elevated area is required, you must provide a means to safely access the area (ladder or manlift as appropriate). Additionally, please secure any animals.
RESPONDENT: 1. Enclosed is a copy of the complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity to inspect the work complained of within fifteen days of the date of receipt of this notice. 2. To assist the assigned investigator in evaluating the merits of the complaint, please submit a response to the enclosed complaint to the assigned investigator prior to the scheduled inspection. 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection. If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director
If the parties resolve the complaint prior to the inspection, please notify the assigned investigator in writing and by phone as soon as possible.
Sincerely, Daniel Edwards Daniel Edwards, Investigator #218 602 7716788 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director
A Guide to Jobsite Inspections
Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license alleging poor workmanship, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.
Jobsite Inspection Rights and Responsibilities Access to inspect: The property owner has complete control over who they allow on the property. However, if the Registrar’s investigator or the contractor cannot inspect the work, the Registrar will not move forward with a citation.
Cooperation: Arizona law enables injured parties to seek relief for damages through several paths. When dealing with a licensed contractor, the Registrar of Contractors’ administrative complaint process may serve as one of those possible paths. However, in order to use that path, the Registrar relies on the cooperation of all parties to a complaint.
Minimum workmanship: The Registrar investigates workmanship complaints for compliance with minimum workmanship and professional industry standards. The Registrar does not issue citations for work that meets these standards.
Scope: The scope of the Jobsite Inspection is limited to items listed in the complaint filed with the Registrar’s office. It is the complainant’s responsibility to point out the complaint item(s) and the Investigators role to review the item(s). If the complainant identifies additional workmanship items not listed in the original complaint, they must file an addendum to the complaint. The Registrar’s Investigator may identify additional administrative violations by the contractor (e.g. work performed out of scope of the license and failure to provide a contract that meets requirements set by Arizona law) at the time of the inspection.
The Role of the Investigator At the Jobsite Inspection, the Registrar’s investigator will: ● Only investigate the items listed on the complaint form filed with the Registrar. ● Will gather evidence to make an informed decision about the complaint items.
What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will leave the jobsite and review the evidence provided during the inspection. Generally, the investigator does not make any determination at the time of the jobsite inspection regarding whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.
Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director
A Guide to Written Directives Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.
What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will determine whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.
Written Directives Access: In order to use the administrative process offered by the Registrar, a property owner must provide reasonable access to allow the contractor to fix their work as directed by the Registrar in a Written Directive. Complainants may not put any additional, unnecessary restrictions on the Respondent above and beyond the initial contract requirements agreed upon at the beginning of the project. Respondents are required to make repairs on items identified on any Written Directive, not otherwise restricted by local code or HOA limitations. Complainants must make access available to the Respondent to make the required repairs and failure to provide reasonable access may result in the Registrar dismissing the complaint.
Contractor obligations: The Written Directive will set a deadline for compliance. This is the period of time determined by the Investigator as necessary to complete the items listed in the Directive. ● The deadline for compliance assumes the contractor will promptly begin working on the items listed in the Directive. ● Do not wait. Both parties should communicate quickly to schedule the work.
Extensions: If good cause exists to extend this deadline, either party may submit a written request to the Investigator. The Registrar will review requests for extension and determine if the Directive should be extended.
Manner and method of performance: The Registrar does not provide specific instructions for how to correct poor work. A licensed contractor is expected to have the skill and professionalism to complete the work. Moreover, the complainant may not dictate the manner of repair. If the contractor fails to appropriately correct the work according to the contract, the Registrar will issue a citation.
Compliance Inspection: After the Written Directive expires, the Registrar’s Investigator will contact the complainant to determine if the contractor performed any corrective work. ● If the contractor did corrective work, the Investigator may schedule a Compliance Inspection to determine if the poor work is corrected. ● If the contractor did not perform any corrective work, the Registrar’s Investigator will not do a Compliance Inspection and will determine whether to issue a citation based on the administrative record.
Work performed after the directive ends: After the Directive period ends, a property owner may choose to allow the contractor to continue its work. The Registrar encourages parties to work cooperatively, but cannot 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Katie Hobbs, Governor Martín Quezada, Director
require a homeowner to continue to allow a contractor access to the property after the Directive period ends in order for the administrative process to continue. Denying access after the Directive ends is not grounds to close or dismiss a complaint.
Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees
Person Filing Complaint Full Name (First Middle Last) Business Name (if a licensed contractor or supplier) ROC License Number(s) (if any)
Jennifer Lynn Cline Mailing Address (Enter jobsite in Contract/Project section) City State Zip
7977 West Robin Lane Peoria Arizona 85383 Phone Number Email
[number redacted] [email redacted] I consent to receive communications electronically in connection with this case Name of Attorney (if any)
Street Address of Attorney City State Zip
Phone Number of Attorney Email of Attorney
Contractor Information Name (as shown on contract/invoice) ROC License Number(s)
Sunrun Installation Services Inc ROC 325964 Street Address City State Zip
Worlds Fair Dr Somerset NJ 08873 Phone Number Email
732-823-7230 [email redacted] Name of Person(s) Representing License
Chad Lewis (Sales Consultant), Jenneviebe Esponga (Project Coordinator) Contract/Project Information Contract Date Contract Amount Amount Paid
May 18, 2021 $81,000.00 $6,480.00 Date Work Started Date Work Stopped Date Work Was Completed
July 21, 2021 July 21, 2021 Close of Escrow (New Home) Move-In Date (New-Home)
Jobsite Street Address City State Zip
7977 West Robin Lane PEORIA AZ 85383 Name of Construction Site Owner Construction Site Name (if applicable)
Jennifer Lynn Cline Phone Number of Construction Site Owner Email of Construction Site Owner
[number redacted] [email redacted] This complaint is for Abandonment;Poor Work I have contacted the contractor by Phone/Text;Email Have you filed a complaint in court? No
RCC099 12/05/18 Page 1 of 2 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees
Has any work been corrected? No
The contract was Written All change orders were Written This project was Residential This project involved Other Solar panel installation A building permit was obtained by Contractor Was not provided w/ Peoria/Maricopa List and briefly describe each complaint item (Please do not write "see attached" or use additional pages unless necessary to further describe issues or list more complaint items) (limited to 100 characters per line)
Missing roof tiles; Broken roof tiles; Partially replaced, improperly colored roof tiles; Leaking roof; Interior drywall damage
Signature I declare under penalty of perjury that the information and documents contained on this Complaint Form, included with this complaint, or hereafter submitted in support of this complaint are true and accurate to the best of my knowledge. I will assist in the investigation or in the prosecution of the contractor or other parties, and will, if necessary, attend hearings and testify to facts. Printed Name Signature Date
Jennifer Lynn Cline \complainant1\ \complainantd1\
RCC099 12/05/18 Page 2 of 2 Katie Hobbs, Governor Martín Quezada, Director
Jobsite Inspection Notes
Case No.: 2023-05326 Investigator: Daniel Edwards Inspection Date: May 24, 2023 Inspection Time: 11:00 AM
Complainant: Jennifer Lynn Cline Respondent: Sunrun Installation Not Present: Services Inc Not Present:
Jobsite General Notes:
Present at inspection were Jennifer and Aaron Cline, complainants. No representatives for respondent appeared during the inspection. Photos taken with Canon ELPH digital camera and/or state-issued Google Pixel cell phone camera. Audio recorded with Olympus DM-620 digital voice recorder. Labelled photos included in case attachments labelled "20230524 JSI Photos 2023-05326."
Complaint Item: 1 - Missing roof tiles; Investigator’s Observation: At inspection I was unable to verify whether any tiles are missing or whether any tiles are missing due to respondent. Insufficient evidence to substantiate an issue. Governing Rule: N/A
Complaint Item: 2 - Broken roof tiles; Investigator’s Observation: Several roof tiles surrounding the solar equipment were observed to be broken. Respondent shall ensure any and all roof tiles broken during the solar installation are corrected by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
Complaint Item: 3 - Partially replaced, improperly colored roof tiles; Investigator’s Observation: Various replacement field tiles installed are a dark red color. The color of the replacement tiles is not similar in nature and does not adequately match the surrounding tiles. Respondent shall correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Complaint Item: 4 - Leaking roof; Investigator’s Observation: Complainant pointed out that the west side of the garage ceiling shows signs of moisture damage and drywall separation indicative of a roof leak. It is noted that an array of solar panels is located close to this area, above the roof surface of the garage, however, this is also an area where the pre-existing tile roof meets a section of flat roofing with rolled roofing materials. Based on several photos taken during the initial inspection and included in the inspection reports submitted by the complainant, there are many where the perimeter of the garage roof meets the stucco walls of the home which appear to be degrading with large fissures and cracks present in the roofing materials and sheet metal flashings. There is currently insufficient evidence to distinguish whether the moisture damage has been caused by respondent's workmanship or failure of the pre-existing roof materials. Unable to substantiate a violation. Governing Rule: N/A
Complaint Item: 5 - Interior drywall damage Investigator’s Observation: This allegation is a duplicate of issues already addressed in compliance item no. 4. Governing Rule: N/A
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19
Case no. 2023-05326
Dan Edwards, 5/24/2023 1 7977 West Robin Lane JSI PHOTOS
Ceiling at west side of complainant’s garage shows signs of moisture damage Case no. 2023-05326
Dan Edwards, 5/24/2023 2 7977 West Robin Lane JSI PHOTOS
Ceiling at west side of complainant’s garage shows signs of moisture damage Case no. 2023-05326
Dan Edwards, 5/24/2023 3 7977 West Robin Lane JSI PHOTOS
Ceiling at west side of complainant’s garage shows signs of moisture damage Case no. 2023-05326
Dan Edwards, 5/24/2023 4 7977 West Robin Lane JSI PHOTOS
Panels installed at west side of garage roof. Installation location is close to visible moisture damage in garage ceiling, however, exact cause of the leak is not able to be determined at this time Case no. 2023-05326
Dan Edwards, 5/24/2023 5 7977 West Robin Lane JSI PHOTOS
East slope of the garage roof viewed from second floor bedroom. Multiple discolored replacement roof tiles (installed by respondent) and broken tiles visible Case no. 2023-05326
Dan Edwards, 5/24/2023 6 7977 West Robin Lane JSI PHOTOS
Additional discolored replacement roof tiles installed by respondent, east slope of garage roof Case no. 2023-05326
Dan Edwards, 5/24/2023 7 7977 West Robin Lane JSI PHOTOS
Front of garage, no broken roof tiles visible Case no. 2023-05326
Dan Edwards, 5/24/2023 8 7977 West Robin Lane JSI PHOTOS
North slopes of the roof, no broken tiles visible. Limited access to roof areas due to lack of sufficient ladders Case no. 2023-05326
Dan Edwards, 5/24/2023 9 7977 West Robin Lane JSI PHOTOS
North slope of the roof, northwest corner of the property. No broken tiles visible. Case no. 2023-05326
Dan Edwards, 5/24/2023 10 7977 West Robin Lane JSI PHOTOS
West slope of roof, northwest corner of the home, no broken tiles visible Case no. 2023-05326
Dan Edwards, 5/24/2023 11 7977 West Robin Lane JSI PHOTOS
Large section of replacement roof tiles installed by respondent, located at the west slope of the garage roof. Case no. 2023-05326
Dan Edwards, 5/24/2023 12 7977 West Robin Lane JSI PHOTOS
Roofing above the west side of the garage. Tile roof surface transitions to flat roofing which is tucked beneath vertical flashings at the stucco walls. Rolled roofing appears old and in poor condition (further evidenced in home inspection report supplied by the complainant dated June 2018 and home insurance inspection report dated March 2022). Rolled roofing also appears it may be deteriorating at the south side of the roof @ flashing materials (circled). The rolled roofing is very close to adjacent areas in garage ceiling where moisture damage is apparent. Home is 24 years old at this time and complainant reports roofing is original. Case no. 2023-05326
Dan Edwards, 5/24/2023 13 7977 West Robin Lane JSI PHOTOS
Additional photo showing irregularity and debris at the rolled roofing above the garage Katie Hobbs, Governor Martín Quezada, Director
Complainant: Jennifer Lynn Cline 7977 West Robin Lane Peoria, AZ 85383
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director
Respondent: Sunrun Installation Services Inc Worlds Fair Dr Somerset, NJ 08873
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director
June 13, 2023
License No. ROC 325964
Re:Complaint No. 2023-05326
WRITTEN DIRECTIVE FROM THE REGISTRAR
Dear Respondent:
After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on July 7, 2023.
RESTRICTIONS • You may not perform or hire other contractors to perform work that is outside the scope of your license. • If your license is currently suspended for administrative reasons 1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.
DIRECTIVE REQUIREMENTS You are directed to remedy the following violations by the appropriate means:
Compliance Item: 2 - Broken roof tiles; Investigator’s Observation: Several roof tiles surrounding the solar equipment were observed to be broken. Respondent shall ensure any and all roof tiles broken during the solar installation are corrected by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar;
This means the license is suspended for lack of qualifying party, lack of bond, nonrenewal, Recovery Fund payout, or for any reason listed in A.R.S. § 32-1124(F).
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director
Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
Compliance Item: 3 - Partially replaced, improperly colored roof tiles; Investigator’s Observation: Various replacement field tiles installed are a dark red color. The color of the replacement tiles is not similar in nature and does not adequately match the surrounding tiles. Respondent shall correct by appropriate means. Governing Rule: Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:
Compliance Item: 1 - Missing roof tiles; Investigator’s Observation: At inspection I was unable to verify whether any tiles are missing or whether any tiles are missing due to respondent. Insufficient evidence to substantiate an issue. Governing Rule: N/A
Compliance Item: 4 - Leaking roof; Investigator’s Observation: Complainant pointed out that the west side of the garage ceiling shows signs of moisture damage and drywall separation indicative of a roof leak. It is noted that an array of solar panels is located close to this area, above the roof surface of the garage, however, this is also an area where the pre-existing tile roof meets a section of flat roofing with rolled roofing materials. Based on several photos taken during the initial inspection and included in the inspection reports submitted by the complainant, there are many where the perimeter of the garage roof meets the stucco walls of the home which appear to be degrading with large fissures and cracks present in
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Katie Hobbs, Governor Martín Quezada, Director
the roofing materials and sheet metal flashings. There is currently insufficient evidence to distinguish whether the moisture damage has been caused by respondent's workmanship or failure of the pre-existing roof materials. Unable to substantiate a violation. Governing Rule: N/A
Compliance Item: 5 - Interior drywall damage Investigator’s Observation: This allegation is a duplicate of issues already addressed in compliance item no. 4. Governing Rule: N/A
Please direct all questions regarding this Directive to the undersigned Investigator.
Sincerely,
Daniel Edwards Daniel Edwards, Investigator #218 602 7716788 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complainant: Jennifer Lynn Cline 7977 West Robin Lane Peoria, AZ 85383
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov
C012 05/21 Respondent: Sunrun Installation Services Inc Worlds Fair Dr Somerset, NJ 08873
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov
C012 05/21 July 11, 2023
Compliance Jobsite Inspection Notice Re: Complaint No. 2023-05326
Dear Complainant and Respondent:
A Compliance Inspection has been scheduled for July 17, 2023 at 11:30 AM to determine the current status of the items listed on the issued Directive.
The Complainant is required to be present for this inspection. The Respondent is encouraged to be present but is not required to attend.
Complainant: SAFE ACCESS IS REQUIRED TO ANY AREA TO BE INSPECTED.
Sincerely,
Daniel Edwards Daniel Edwards, Investigator #218 602 7716788 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov
C012 05/21 Case no. 2023-05326
Dan Edwards, 7/17/2023 CP 1 7977 West Robin Lane CJSI PHOTOS
Red tiles not replaced as ordered Case no. 2023-05326
Dan Edwards, 7/17/2023 CP 2 7977 West Robin Lane CJSI PHOTOS
Red tiles not replaced as ordered Case no. 2023-05326
Dan Edwards, 7/17/2023 CP 3 7977 West Robin Lane CJSI PHOTOS
Small number of replacement tiles left on side of the home Case no. 2023-05326
Dan Edwards, 7/17/2023 CP 4 7977 West Robin Lane CJSI PHOTOS
Large section of red tiles still not replaced Complainant: Jennifer Lynn Cline 7977 West Robin Lane Peoria, AZ 85383
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Respondent: Sunrun Installation Services Inc Worlds Fair Dr Somerset, NJ 08873
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 Case No.: 2023-05326 Investigator: Daniel Edwards#218 Inspection Date: July 17, 2023 Inspection Time: 11:30 AM
Compliance Jobsite General Notes:
Present at inspection was Aaron Cline, complainant’s husband. No represetnatives for respondent appeared during the inspeciton. Photos taken with Canon ELPH digital camera and/or state-issued Google Pixel cell phone camera. Audio recorded with Olympus DM-620 digital voice recorder. Labelled photos included in case attachments labelled "20230717 CJSI Photos 2023-05326."
Compliance Findings:
At compliance inspection, it was observed that respondent appears to have replaced a small number of roof tiles and has left a small stack of replacement tiles at the side of the home, however, the overall number of tiles is small. Additionally, none of the off-color roof tiles referenced in compliance item no. 3 appear to have been replaced and this issue is unresolved. It does not appear that respondent has complied with compliance items 2 or 3 as ordered in the written directive.
Note:
Please review the complaint items listed above. If any of the items have not been corrected at the time of the compliance inspection this complaint will be forwarded to the Registrar’s legal department and a citation may be issued.
If all items are corrected after receipt of this letter, please notify the Registrar’s legal department by sending a notice of compliance signed by the complainant to fax number (602) 364-0416 or by mail to: Arizona Registrar of Contractors, P.O. Box 18244, Phoenix, Arizona 85005-8244. Sincerely,
Daniel Edwards Daniel Edwards, Investigator #218 602 7716788 [email redacted] 1700 W Washington St, Suite 105 Phoenix, Arizona 85007-2812
1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812
602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 4/21 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA
Jennifer Lynn Cline, Case No. 2023-05326 COMPLAINANT, v.
Sunrun Installation Services Inc, CITATION License Nos. ROC 294836, 325964, 326793, 339306, RESPONDENT.
The Registrar issues this Citation to Sunrun Installation Services Inc (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by August 4, 2023, then under A.R.S. § 32-1155(C), Respondent’s failure to answer may be deemed an admission of the act or acts charged in the underlying complaint, and the Registrar may then suspend or revoke Respondent’s license(s). THE WRITTEN COMPLAINT On May 7, 2023, Jennifer Lynn Cline (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge :1 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.
of 5
1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Charge :2 A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held. If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F). FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2023-05326. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, AZ 85007-2812 Mail: P.O. Box 18244, Phoenix, AZ 85005-8244 Email: [email redacted] The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the of 5
1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than August 4, 2023. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in
of 5
1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. /// /// ///
of 5
1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Dated July 20, 2023 By: /s/ Katelyn Rolling Katelyn Rolling Legal Assistant II Legal Department Arizona Registrar of Contractors
COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, July 20, 2023 to: Respondent Certified Mail No: [number redacted] Sunrun Installation Services Inc 21 Worlds Fair Dr Somerset, NJ 08873
Copy mailed by USPS First Class Mail this same date to: Respondent Sunrun Installation Services Inc Worlds Fair Dr Somerset, NJ 08873 Complainant Jennifer Lynn Cline 7977 West Robin Lane Peoria, AZ 85383 Copy sent electronically this same date to: Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar Case No. 2023-05326
of 5
1700 W. Washington Street, Suite 105 · Phoenix, AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Mediation Notice
Mediation Services Mediation services are available to the parties. What is Mediation? Mediation is a method of resolving disputes where the parties can end conflict without the expense and time associated with the full administrative process. Who Participates in During mediation, a mediator will attempt to help the Mediation? parties find an optimal solution to the conflict. Both parties must agree to participate in mediation, and both parties must bring a representative to mediation that has full authority to settle the entire matter. Mediation Is Not Neither the Registrar nor the Office of Administrative Mandatory Hearings will penalize a party for not agreeing to mediation. Where do the Parties The parties will meet at the Office of Administrative Meet for Mediation? Hearings to participate in mediation. The Office of Administrative Hearings is located at 1740 W Adams St., Lower Level, Phoenix, Arizona 85007. When does Mediation can occur after the Registrar issues a citation, but Mediation Occur? before the administrative hearing. Why Should Parties Mediation can be an alternative to the full administrative Consider Mediation? process. Mediation is beneficial because it is (1) time- efficient, (2) cost-effective, (3) confidential, and (4) capable of providing flexible solutions to complex problems. How to Request If the parties wish to mediate this case, they must file a Joint Mediation Request for Mediation with the Office of Administrative Hearings. A Joint Request for Mediation is included with this Mediation Notice. REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA _________________________ Case No. _______________ COMPLAINANT,
v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.
REQUEST
The parties jointly request that this matter be referred to mediation in the Office of Administrative Hearings (OAH). ☐ This matter is set for hearing on __________________(date). ☐ This matter is not currently set for hearing. MEDIATION AGREEMENT By requesting this mediation and signing below, the parties understand, represent, and agree: 1. The parties are prepared to commence mediation and will be ready for mediation on _____________________(date); 2. The parties will participate in the mediation process in good faith; 3. This request for mediation is not intended to hinder or delay administrative proceedings; 4. No party will contend that the mediation limits the power of OAH and its administrative law judges to conduct an administrative hearing and issue decisions under A.R.S. §§ 41-1092 – 1092.12; 5. The parties will be courteous and respectful throughout the mediation process to all participants; 6. The mediation is completely voluntary and the principal purpose is to allow the parties a full and fair opportunity to discuss settlement; of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 7. The mediator may conduct joint and separate meetings with the parties and may suggest resolutions to the parties’ dispute, but the mediator has no authority to impose a settlement upon the parties; 8. The mediation process is confidential. Communications made, material created for or used during, and acts occurring during mediation are confidential and may not be discovered or admitted into evidence in any proceeding except as provided by A.R.S. § 12-2238; 9. The mediator is not subject to service of process or a subpoena to produce evidence or to testify regarding any evidence or occurrence relating to the mediation except as provided in A.R.S. § 12-2238(C); 10. Neither the mediator, nor the Registrar of Contractors, nor the Office of Administrative Hearings is subject to civil liability for any act or omission in connection with any mediation service or activity except for acts involving
intentional misconduct or reckless disregard of a substantial risk of injury to the rights of others; 11. Throughout the mediation process, each party must have a representative present who will have full settlement authority to settle all claims at issue in the administrative
proceeding. 12. The mediation process will terminate when: a. The parties reach settlement; b. The mediator determines that further efforts at mediation are no longer likely
to achieve a settlement; or c. One of the parties withdraws from mediation. _____________________________________ _______________________ Complainant (or representative) Date
_____________________________________ _______________________ Respondent (or representative) Date
of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 ARIZONA REGISTRAR OF CONTRACTORS
Douglas A. Ducey, Governor Jeff Fleetham , Director
Form REQUEST TO CLOSE CASE RC-Lg-701A
Instructions Complete this form to request that the Registrar close a case where the Registrar previously issued a citation. Before the Registrar issues an order closing a case that resulted in citation, both parties must agree to the closure. After consideration, the Registrar may approve the request.
If both parties do not demonstrate their willingness for the Registrar to issue an Order of Closing by completing this form, then the matter will continue to proceed to administrative resolution. This means that, if not already done so:
The Respondent will be required to: 1. Submit a written answer as directed by the Citation and required under A.R.S. § 32-1155(A). o Failure to timely submit an answer may result in the admission of the allegations contained within the citation. A.R.S. § 32-1155(B); and 2. Request a settlement conference under A.R.S. §41-1092.06, if desired.
The Complainant will be required to establish, before the administrative law judge, the merits of their claim.
A. CASE INFORMATION 1. Case Number 2. Complainant 3. Respondent
B. PARTIES ACKNOWLEDGMENT & SIGNATURE Complainant acknowledges that by signing and submitting this Request to Close Case, if the Registrar grants this request: 1. The Registrar may decline to reopen this case; and 2. Complainant’s future remedies, if any, may be limited to another forum. Respondent acknowledges that by signing and submitting this Request to Close Case, if the Registrar grants this request: 1. Respondent’s license record will have a “Closed Case” designation associated with this case; and 2. This case will appear on the Respondent’s public license record available through the Registrar of Contractors’ website as a “Resolved/Settled/Withdrawn” case for a period of seven years.
_____________________ _____________________ ______________ Complainant’s Name Complainant’s Signature Date
_____________________ _____________________ ______________ Respondent’s Name Respondent’s Signature Date
1700 W. Washington Street, Suite 105 ● Phoenix AZ 85007-2812 602.542.1525 ● Within AZ 877.692.9762 ● Fax 602.542.1599 ● www.roc.az.gov
Form RC-Lg-701A Request to Close Case Rev 1/18/2019 Page 1 of 1 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees
Person Filing Complaint Full Name (First Middle Last) Business Name (if a licensed contractor or supplier) ROC License Number(s) (if any)
Jennifer Lynn Cline Mailing Address (Enter jobsite in Contract/Project section) City State Zip
7977 West Robin Lane Peoria Arizona 85383 Phone Number Email
[number redacted] [email redacted] I consent to receive communications electronically in connection with this case Name of Attorney (if any)
Street Address of Attorney City State Zip
Phone Number of Attorney Email of Attorney
Contractor Information Name (as shown on contract/invoice) ROC License Number(s)
Sunrun Installation Services Inc ROC 325964 Street Address City State Zip
Worlds Fair Dr Somerset NJ 08873 Phone Number Email
732-823-7230 [email redacted] Name of Person(s) Representing License
Chad Lewis (Sales Consultant), Jenneviebe Esponga (Project Coordinator) Contract/Project Information Contract Date Contract Amount Amount Paid
May 18, 2021 $81,000.00 $6,480.00 Date Work Started Date Work Stopped Date Work Was Completed
July 21, 2021 July 21, 2021 Close of Escrow (New Home) Move-In Date (New-Home)
Jobsite Street Address City State Zip
7977 West Robin Lane PEORIA AZ 85383 Name of Construction Site Owner Construction Site Name (if applicable)
Jennifer Lynn Cline Phone Number of Construction Site Owner Email of Construction Site Owner
[number redacted] [email redacted] This complaint is for Abandonment;Poor Work I have contacted the contractor by Phone/Text;Email Have you filed a complaint in court? No
RCC099 12/05/18 Page 1 of 2 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees
Has any work been corrected? No
The contract was Written All change orders were Written This project was Residential This project involved Other Solar panel installation A building permit was obtained by Contractor Was not provided w/ Peoria/Maricopa List and briefly describe each complaint item (Please do not write "see attached" or use additional pages unless necessary to further describe issues or list more complaint items) (limited to 100 characters per line)
Missing roof tiles; Broken roof tiles; Partially replaced, improperly colored roof tiles; Leaking roof; Interior drywall damage
Signature I declare under penalty of perjury that the information and documents contained on this Complaint Form, included with this complaint, or hereafter submitted in support of this complaint are true and accurate to the best of my knowledge. I will assist in the investigation or in the prosecution of the contractor or other parties, and will, if necessary, attend hearings and testify to facts. Printed Name Signature Date
Jennifer Lynn Cline \complainant1\ \complainantd1\
RCC099 12/05/18 Page 2 of 2 DocuSign Envelope ID: 007C2F91-087C-4DAC-8989-2616CD37F916
Sunrun BrightSave™ Agreement Claudia Marie Cook 7977 W Robin Ln, Peoria, AZ, 85383
Take Control of Your Electric Bill
$0 25 Years $270 $0.111 Deposit due Agreement Term Length Monthly Bill for Year Year 1 Cost per kWh Today One (plus taxes, if applicable; (excluding upfront includes $7.50 discount for payment, if any) Auto-Pay enrollment)
WE’VE GOT YOU COVERED WITH OUR WORRY-FREE SERVICE
We provide hassle-free We monitor the system We warrant, insure, Selling your home? design, permitting, and to ensure it runs maintain and repair We guarantee the buyer installation. properly. the system. We will qualify to assume also provide a 10- your agreement. year roof warranty.
A SOLAR SYSTEM DESIGN FOR YOUR HOME You get a 18.36 kW DC Solar System
With 54 Solar Panels and 54 Inverter(s) Which will produce an est. 29,236 kWh in its first year And offset approx.103% of your current, estimated electricity usage YOUR SALES REPRESENTATIVE: Chad Lewis [email redacted] (623) 980-5811 DocuSign Envelope ID: 007C2F91-087C-4DAC-8989-2616CD37F916
Sunrun Installation Services Inc. Sunrun BrightSave™ Agreement
This Lease Agreement (the "Agreement") is entered into by and between Claudia Marie Cook (“Customer” or “homeowner” or “you”) and Sunrun Installation Services Inc., a Delaware corporation, together with its successors and Assignees (“Sunrun” or “we” together with Customer, the “Parties”, each a “Party”), as of the Effective Date for the lease of a solar photovoltaic system to generate electric energy (the “Solar System”) to be installed on or at your home located at 7977 W Robin Ln Peoria, AZ 85383 (the “Home”). Sunrun is pleased to provide you with a Solar System lease for a twenty-five (25) year term. You are entitled to a completely filled out copy of this Agreement signed by both you and Sunrun before any Work begins. This Agreement is effective as of\od\______ 4/30/2021 (the “Effective Date”). The Effective Date listed in the preceding sentence is the date on which the last Party signed this Agreement. Please read the entire Agreement and ask any questions you may have.
Table of Contents A. Documents to be Incorporated into the Agreement.…………………………………... Page 2 lists Exhibits (including certain notices) incorporated into your Agreement. B. Payment Terms, Rebates, & Credits...……………………………………………………. Page 2 includes your payment terms, your payment schedule, any rebates and credits that you or Sunrun may receive, and our late payment policy. C. Our Warranties…...…………………………………………………………………………….. Page 4 explains our equipment, workmanship, roof penetration, and damages warranties. D. Performance Guarantee ……………………………………………………………………... Page 5 explains estimated performance of the Solar System. E. Design and Installation..………………………………………………………………………. Page 7 includes a description of the design & installation process & the timeline for installation. F. Change Orders..……………………………………………………………………………….. Page 9 explains the process for modifying the Solar System design. G. Additional Information..……………………………………………….………………………. Page 9 includes important information about the term of your Agreement, actions not included in design and installation, dispute resolution, and Sunrun’s insurance coverage. H. Notices of Right to Cancel..………………………………………………………..…………. Page 18 explains the Parties’ rights to cancel the Agreement.
A. Documents to be Incorporated Into the Agreement Exhibit A: Monthly Lease Payment Schedule and Prepayment Pricing Exhibit B: Legal Notices Exhibit C: Notice of Cancellation Exhibit D: Payment Forms Exhibit E: Data Usage and Disclosure Exhibit F: Federal Consumer Leasing Act Disclosure Exhibit G: System Specifications Exhibit F: System Specifications
B. Payment Terms, Rebates, and Credits 1. Payment Terms Deposit (due at signing) $0 (the “Deposit”)
Sunrun Installation Services Inc. | 225 Bush Street, Suite 1400, San Francisco, CA 94104 | 888.GO.SOLAR | License No. 294836 Contract Version: 2020Q1V1 Generation Date: 4/23/2021 Proposal ID: PK3F3CVFV36D-D Version 2020Q1V1 1 DocuSign Envelope ID: 007C2F91-087C-4DAC-8989-2616CD37F916
Initial Payment (due at Installation Start Date) $0 (the “Initial Payment”) Monthly Lease Payments in Year $270.00 per month (plus taxes, if applicable); reflects One $7.50 discount for electing Auto-Pay) (the “Monthly Lease Payments”) Annual Percentage Increase (the 0.0% “Annual Increase”) Cost per kWh, Year One $0.111 , excluding Upfront Payment (if any) 2. Upfront Payment The sum of the Deposit and Initial Payment is called the “Upfront Payment.” The Initial Payment and Monthly LeasePayment amounts may change if the final Solar System design differs from the preliminary Solar System design (as further discussed in Section E and F below).
a. You agree to pay Sunrun the Deposit, Initial Payment and Monthly Lease Payments in the amounts and on the dates set forth above and in Exhibit A. b. The Deposit and Initial Payment are payable to Sunrun Inc. by credit card, money order or a check drawn on a United States bank account. 3. Monthly Invoicing and Billing Cycle a. Billing Cycle and Due Dates. Your billing cycles run on a monthly basis. Your first billing cycle will begin on the date the Solar System is placed in service by your Utility (the “In-Service Date”). Subsequent billing cycles will begin on the same date each month (the “Billing Cycle Day”). Each month, Sunrun will prepare a written or electronic invoice specifying the payment due from you to Sunrun for the preceding billing cycle. You will receive this invoice within ten (10) days following the conclusion of the preceding billing cycle and your payment for the preceding billing cycle will be due the day before the next Billing Cycle Day.
For example, if the Solar System is placed into service on May 12th, you will receive your first bill __ between June 12th and June 22nd. Your payment will be due by July 11th. __
Sunrun reserves the right to update its billing systems from time to time and will notify you if your payment due date changes accordingly. You may also elect to make payments to Sunrun before the Monthly Lease Payment due date. b. Payment Options. Monthly Lease Payments are payable to Sunrun Inc. (i) by automatic withdrawal from your checking or savings account or (ii) by check drawn on a United States bank account or (iii) by money order. c. A Returned Check Fee of Twenty-Five Dollars ($25.00) (or such lower amount as required by law) will be assessed to you for any check or withdrawal right that is returned or refused by your bank. 4. Auto-Pay Discount a. Monthly Lease Payments shown in Section B(1) and Exhibit A assume payment by Automated Clearing House (ACH) withdrawal from your checking or savings account (“Auto-Pay”) and include a $7.50 Auto- Pay discount. b. If you do not elect Auto-Pay, you will not receive an Auto-Pay Discount and, as a result, your Monthly Lease Payments will be $7.50 higher per month than those reflected in Section B(1) and Exhibit A. 5. Payment of Taxes a. The payments specified in Section B(1) above do not include taxes. If any taxes (including, but not limited to, sales and transaction taxes and including any associated interest and penalties) are assessed on these payments, the lease of solar photovoltaic equipment, the sale of electric energy, the Home, or Sunrun Installation Services Inc. | 225 Bush Street, Suite 1400, San Francisco, CA 94104 | 888.GO.SOLAR | License No. 294836 Contract Version: 2020Q1V1 Generation Date: 4/23/2021 Proposal ID: PK3F3CVFV36D-D Version 2020Q1V1 2 DocuSign Envelope ID: 007C2F91-087C-4DAC-8989-2616CD37F916
the transaction itself, and are paid by Sunrun rather than you, you agree to pay or reimburse Sunrun for all such taxes, except to the extent that you are prohibited from doing so by applicable laws. b. In addition, you agree to reimburse Sunrun for any taxes, including any associated interests and penalties, assessed on the Solar System that Sunrun may incur. c. To the extent that Sunrun seeks reimbursement from you, you agree that Sunrun may seek a full reimbursement from you for the total amount incurred by Sunrun, impose a surcharge on your monthly invoice to recover the total amount incurred by Sunrun over a period to be determined by Sunrun, or, at its sole discretion, set up a separate payment plan with you to recover the total amount incurred by Sunrun. 6. Changes to Payment Amounts a. If a change pursuant to Section F increases the Upfront Payment after you have already paid it to Sunrun, you agree to immediately pay Sunrun the increase in the Upfront Payment. Sunrun may suspend installation until this payment is received. b. You may request a pricing plan change; however, such request must be submitted to Sunrun’s Customer Care Department 225 Bush Street, Suite 1400, San Francisco, CA 94104, [email redacted], 855-478-6786, before the earlier of (i) the date falling twenty-one (21) days after the date you signed the Agreement and (ii) the commencement of installation of the Solar System. 7. Prepayment of Monthly Lease Payments a. At any time, you may prepay all of the expected Monthly Lease Payments you will owe Sunrun during the remaining portion of the Initial Term (“Prepayment”). Sunrun’s obligations under this Agreement will not change if you make such a prepayment. b. The Prepayment shall equal the remaining Monthly Lease Payments for the current and remaining years of the Initial Term discounted by the lesser of (x) the prime rate plus 100 basis points (as published by the Wall Street Journal) and (y) 5.0% (the “Prepayment”). For example, if you decide to pre-pay the rest of your monthly payments in year 10, and the applicable discount rate at the date of prepayment is 4.25%, you would pay Sunrun $37,067. __
__
8. Late Payment. If Sunrun does not receive your payment by the due date listed on the invoice, Sunrun may charge you an administrative late fee equal to the lesser of (i) one and a half (1.5%) percent per month on the portion of your balance that is more than thirty (30) days past due, and (ii) the maximum amount permitted under and subject to applicable law. This late fee is not an interest charge, finance charge, time price differential or other such charge or payment of a similar nature. 9. Export Program a. As of the In-Service Date, you must take service from the export credit program and its associated terms ("Export Service") provided by your Utility. You agree that you will continue to take Export Service for as long as this Agreement is in effect. You agree to take the Export Service currently in effect for this Utility or, in the event that the Export Service is no longer in effect, you agree to use a substitute metering program as chosen by Sunrun in its sole discretion. b. You agree to execute all documentation associated with the Export Service, or any substitute metering service, and any refund, credit, or rebate program promptly at the request of Sunrun, its representatives or affiliates, and/or the Utility. If you do not return such documentation within seven (7) days following any such request, Sunrun may invoice you for an amount equal to the amount of rebates it otherwise would have received had you returned such documentation. c. The point where the Solar System connects to the Home's connection to your Utility is called “Interconnection.” For the purposes of calculating performance guarantee payments, if any, under Section D, you agree that title to and risk of loss for the electric energy provided under this Agreement Sunrun Installation Services Inc. | 225 Bush Street, Suite 1400, San Francisco, CA 94104 | 888.GO.SOLAR | License No. 294836 Contract Version: 2020Q1V1 Generation Date: 4/23/2021 Proposal ID: PK3F3CVFV36D-D Version 2020Q1V1 3 DocuSign Envelope ID: 007C2F91-087C-4DAC-8989-2616CD37F916
shall pass from Sunrun to you when the electric energy reaches Interconnection. You further agree that electrical energy generated by the Solar System is measured at the time when electrical energy reaches Interconnection. 10. Supplemental Energy; Rebates & Credits a. All electric energy produced by the Solar System will be available to you for use at the Home pursuant to this Agreement. If, at any time, you need more electric energy than is being produced by the Solar System ("Supplemental Energy"), you will be responsible for purchasing that Supplemental Energy from an electricity supplier, such as your Utility, and for paying any fees associated with such Supplemental Energy that the other supplier may charge. b. You will receive any state credit (i.e., no federal tax credits), rebate, environmental attribute, or other payment or offset (“Incentives”) to the Solar System and all such Incentives will be your sole property and transferable by you. You agree that you are solely responsible for completing any forms or applications associated with receiving such Incentives, and that Sunrun shall bear no responsibility in the event such Incentives (i) are not paid to you, (ii) are paid in an amount that is less than or different from the amount expected, or (iii) are not paid in a timely manner. c. Notwithstanding anything to the contrary contained herein and without limiting the other rights, if any, of Sunrun with respect to Incentives attributable to the Solar System, you agree that Sunrun will receive any federal tax credits that may be attributable to the Solar System, and that such federal tax credits will be the sole property of and transferable by Sunrun. Sunrun’s expected federal tax credits associated with the Solar System have been factored into the calculation of your Monthly Lease Payment. d. If you purchase the Solar System from Sunrun, you will own and be entitled to proceeds from the sales of solar renewable energy credits earned after the date you purchase the Solar System from Sunrun.
C. Our Warranties 1. Warranties WE INSURE AND a. Workmanship Warranty. We warrant our Work and the Solar System for a period of twenty-five (25) years after installation MAINTAIN THE (the “Warranty Period”), except as provided below with respect to our roof penetration warranty. During the Warranty Period we will, at our expense, repair or replace any material or Work SYSTEM FOR covered under this Agreement. Our “Workmanship Warranty” includes but is not limited to the following: YEARS AFTER
INSTALLATION.
(i) Roof Penetration Warranty. We warrant that roof penetrations made by the Solar System and impacting the Home’s roof will be weather-tight for a period of 10 years after installation. (ii) Damage Warranty. We will either repair or reimburse you for damage we cause during installation to the Home, your belongings or your property, as limited by Sections C(2), E and G. (iii) Sunrun will maintain and repair the Solar System for the Initial Term and any Renewal Terms. b. Equipment Warranty. Sunrun warrants all equipment for the duration of the Initial Term. If parts fail during the Initial Term, Sunrun will use commercially reasonable efforts to replace them with like equipment; however, you acknowledge that due to parts availability and other factors, this may not be possible. Sunrun agrees that any change in equipment will not reduce the Guaranteed Output set forth in Section D. c. End of Term Warranty. At the end of the Initial Term or at the end of a Renewal Term, should either you or Sunrun wish to end the Agreement, Sunrun will remove the Solar System at no cost to you and return Sunrun Installation Services Inc. | 225 Bush Street, Suite 1400, San Francisco, CA 94104 | 888.GO.SOLAR | License No. 294836 Contract Version: 2020Q1V1 Generation Date: 4/23/2021 Proposal ID: PK3F3CVFV36D-D Version 2020Q1V1 4 DocuSign Envelope ID: 007C2F91-087C-4DAC-8989-2616CD37F916
the Home to a condition similar to its condition prior to installation of the Solar System, excepting ordinary wear and tear (including, but not limited to, wear and tear resulting from local weather conditions) and wear and tear that can be expected due to the presence of the Solar System on the Home for the 25-year term (including, but not limited to, uneven wear and tear and uneven discoloration). 2. Warranty Exceptions and Exclusions a. The Roof Penetration Warranty shall be void and voidable if work is performed by you or your contractors on the roof during the 10 year warranty period. b. The Roof Penetration Warranty does not cover any (i) leaks that occur in areas of the Home’s roof not impacted by the Solar System or the associated roof penetrations, (ii) pre-existing and/or underlying failures of the Home’s roof or (iii) foreign objects acting on the Home’s roof (e.g. hail, golf balls, etc.). c. The Workmanship Warranty does not apply to the following: (i) Work performed or materials used by anyone other than us or our Installation Partners; (ii) Any materials that were modified, repaired or attempted to be repaired by anyone other than Sunrun or its Installation Partners without Sunrun’s prior written approval; (iii) Any damages resulting from your breach of the Agreement; (iv) Any damage not caused by us, our Installation Partners or a Solar System defect; (v) Damage resulting from ordinary wear and tear; (vi) Damage resulting from mold, fungus and other organic pathogens; (vii) Shrinking/cracking of grout and caulking; (viii) Fading of paints and finishes exposed to sunlight; and (ix) Damage caused by ball strikes
You acknowledge that installation of the Solar System may void any roofing warranty of the roof manufacturer or roof installer. We assume no responsibility if our Work voids your roofing warranty. Before installation, you should check with the roofer or builder concerning any impact the Solar System will have on a roof warranty. Your initials indicate that you have read, understood and accepted the provisions set forth in this section C(2). Agreed and accepted by: \i1\_______ (Initials) 3. Contacting Sunrun to Fix the Solar System. Sunrun will monitor the Solar System to proactively address any problems that may arise. Nevertheless, if you think there is an issue with the Solar System that is covered by any of the warranties specified above, please contact Sunrun at 855-478-6786 or by email at [email redacted]. Sunrun will use commercially reasonable efforts to fix any issue covered by a warranty as soon as possible after it becomes aware of such issue.
D. Performance Guarantee 1. Production Estimate a. Sunrun estimates that the Solar System will be capable of generating 29,236 kilowatt-hours of electric energy during its first year of operation. Actual production may vary due to natural variation in weather patterns, the physical specifications of the Home’s roof(s), the required placement of the Solar System on your roof, and other conditions. Your Monthly Lease Payment is not tied to the actual output of the Solar System. b. Due to expected panel degradation, Sunrun estimates that the Solar System will be capable of generating 688,682 kilowatt-hours ("kWh") during the Initial Term (the “Estimated Output”). 2. Guaranteed Output. Subject to the conditions set forth in this Section D, Sunrun guarantees that the Solar System will generate 90% of the Estimated Output during the Initial Term of this Agreement as set
Sunrun Installation Services Inc. | 225 Bush Street, Suite 1400, San Francisco, CA 94104 | 888.GO.SOLAR | License No. 294836 Contract Version: 2020Q1V1 Generation Date: 4/23/2021 Proposal ID: PK3F3CVFV36D-D Version 2020Q1V1 5 DocuSign Envelope ID: 007C2F91-087C-4DAC-8989-2616CD37F916
forth in Exhibit A (the "Guaranteed Output"). Subject to the conditions set forth in this Section D, Sunrun will issue you a refund if the Solar System does not generate the Guaranteed Output. Sunrun will not issue you a refund for any Solar System underproduction resulting from any system failure or lost production caused by reasons other than (a) a Solar System defect, (b) shading due to the weather or (c) shading conditions that were present at the Home at the commencement of installation. For the avoidance of doubt, Sunrun will not issue you a refund for underproduction arising from any of the following: • Underproduction arising from your failure to comply with your obligations under the Agreement. • Underproduction arising from shading conditions (other than weather) different from those that were present at the Home at the commencement of installation. • Underproduction as a result of a grid failure disabling the Solar System. • Underproduction arising from you causing or requesting the Solar System to be shut down or to generate significantly less electric energy. • Underproduction arising from damage to the Solar System caused by foreign objects acting on the Solar System (e.g. hail, golf balls, etc.) Sunrun makes no other representation, warranty or guarantee of any kind regarding the Solar System’s actual or expected output or performance and any other express or implied warranties are hereby disclaimed. Your initials indicate that you have read, understood and accepted the provisions set forth in this Section D(2). Agreed and accepted by: \i1\_______ (Initials) 3. Overproduction. If, over the course of the Initial Term, the Solar System produces more energy than the predicted Guaranteed Output, then the extra energy will be yours at no additional cost. Sunrun may use this overproduction amount to offset future underproduction in a given period should the Actual Output attributable to such period be less than the Guaranteed Output attributable to such period. 4. Actual Output and Refunds. On the 24 month anniversary of the In-Service Date and on every 24 month anniversary thereafter (each, a “Guarantee Date”), Sunrun will calculate the "Actual Output" of the Solar System. For the purposes of this Agreement, "Actual Output" shall mean the amount of electric energy generated by the Solar System to date plus any kWh for which you have previously received a refund. Subject to Section D(2), if the Actual Output is less than the Guaranteed Output for that Guarantee Date set forth on Exhibit A, Sunrun will issue you a refund. This refund will be calculated by subtracting the Actual Output for that Guarantee Date from the Guaranteed Output for that Guarantee Date, and multiplying the result by the refund per kWh amount as set forth for that Guarantee Date on Exhibit A. For the last year of the Initial Term (year 25), the guarantee period will be 12 months.
For example, if in year 10 the system was expected to have generated 62,000kWh cumulatively and actual generation was 61,500, and your refund rate is $0.13, we will credit your account based on the 500kWh the system fell short multiplied by your refund rate, i.e. 500kWh x $0.13 = $65. __
__
E. Design and Installation 1. Our Work; Description of Materials. a. Our work on the Solar System includes: (i) design, permitting and supply of the equipment and material typically necessary for a complete and operable Solar System; (ii) installation of the Solar System; (iii) acquisition of approval from your Utility; and (iv) assistance with any applicable rebate program paperwork set forth in Section B(10) (collectively, the “Work”). Sunrun Installation Services Inc. | 225 Bush Street, Suite 1400, San Francisco, CA 94104 | 888.GO.SOLAR | License No. 294836 Contract Version: 2020Q1V1 Generation Date: 4/23/2021 Proposal ID: PK3F3CVFV36D-D Version 2020Q1V1 6 DocuSign Envelope ID: 007C2F91-087C-4DAC-8989-2616CD37F916
b. The primary equipment used for the Solar System will typically include a series of interconnected photovoltaic panels, one or more inverters, racking materials, and a production meter. Other materials generally used as the “balance of system” are disconnects, breakers, load centers, wires, and conduit. See Exhibit F for a list of system specifications and significant materials to be used based on the preliminary design. 2. Solar System Production and Energy Consumption Monitoring; Data. a. Installation and Maintenance of Metering and Monitoring Equipment.
(i) Production Monitor. During installation or at any time thereafter during the Term, we may install or replace production monitoring devices to measure the energy produced by the Solar System (the “Production Monitor”). Through the Production Monitor, we will collect Solar System production and performance data (“Performance Data”).
(ii) Energy Consumption Monitor. During installation or at any time thereafter during the Term, we may install or replace energy consumption monitoring devices (the “Consumption Monitor”). Through the Consumption Monitor, we may collect and store information about energy usage at the Home (“Usage Data”).
(iii) Access to Monitors. You acknowledge and agree that the Production Monitor and the Consumption Monitor will be part of the Solar System, and that you must provide Sunrun with reasonable access to the Home in order to install, operate, maintain, repair and replace the Production Monitor and the Consumption Monitor
(iv) Internet Connection. In order to ensure the proper functioning of the Production Monitor and the Consumption Monitor, if possible, you must provide the Solar System with continuous access to a functioning broadband internet connection with one (1) wired Ethernet port and standard electrical outlet, at your cost. If you are unable to provide the Solar System with an internet connection in accordance with the foregoing sentence, the Home must be located in an area with cellular service that is acceptable to us in our discretion.
(v) Monitor Damage or Inaccuracy. Sunrun uses the Production Monitor to monitor and record your electricity production, and promptly respond to any production issues. To the extent the Production Monitor has any inaccuracies during any given period as a result of your actions or the actions of any other person unrelated to Sunrun (including, without limitation, any failure to maintain internet connection or cellular service as provided in clause (iv) above), Sunrun will deem that the Solar System has produced 100% of Estimated Output during such period for purposes of the Production Guarantee set forth in Section D. You will be responsible for any damage to the Production Monitor or Consumption Monitor that is caused by you or any other person unrelated to Sunrun. If the Production Monitor breaks or malfunctions other than as a result of your actions or the actions of any other person unrelated to Sunrun, Sunrun will, in good faith, estimate the amount of electric energy actually produced during the malfunction in order to determine whether you are owed a payment under the Production Guarantee set forth in Section D.
b. Data Usage and Disclosure. We may combine the Usage Data and Performance Data with each other and with other data, including, without limitation, personally identifiable information (collectively, “Data ”). Our possible uses and disclosure of the Data are described in Exhibit E. We will never sell any personally identifiable Data to a third party without your prior written consent. c. Communications Equipment. During installation or at any time thereafter during the Term, we may install or replace communication equipment (for example, an antenna) (the “Communication Equipment”) at the Home. The Communication Equipment may or may not be used in connection with the Solar System. We may use the Communication Equipment to improve the quality of cellular and/or internet connectivity in your area. We may also sell the right to use the Communications Equipment in the manner described above to a third party. You understand that consenting to the foregoing is not a condition of purchase or a condition to the entry of this Agreement.
Sunrun Installation Services Inc. | 225 Bush Street, Suite 1400, San Francisco, CA 94104 | 888.GO.SOLAR | License No. 294836 Contract Version: 2020Q1V1 Generation Date: 4/23/2021 Proposal ID: PK3F3CVFV36D-D Version 2020Q1V1 7 DocuSign Envelope ID: 007C2F91-087C-4DAC-8989-2616CD37F916
Do you consent to the installation and use of the Communication Equipment as set forth above? \eqctxt1\ Y
3. Design a. Sunrun or its Installation Partners will provide you with a preliminary Solar System design then will schedule a time to visit your Home to confirm that the preliminary design will fit on your Home’s roof and finalize the design (the “Site Survey”). The design of the Solar System is dependent on the physical specifications of the Home’s roof(s), site conditions such as placement of ventilation systems, roof conditions, etc., any of which may affect the placement of the Solar System on your roof. The Home’s Solar System design will be finalized following a Site Survey of the Home by Sunrun. b. The final design of the Solar System will be presented to you prior to installation. You will have five (5) business days after receipt of the design to request a design change. Otherwise, you will be deemed to have approved the Solar System design. Sunrun will use commercially reasonable efforts to accommodate requests for changes. With your written, deemed, or verbal approval, installation may begin. c. If, during or after the Site Survey, we discover any concealed or hidden conditions or issues with the Home that may delay or prevent completion of the Solar System once we start installation, we will explain the issue to you, determine if additional costs are required to correct the problem and, if so, propose a change order. It may be necessary that you undertake site preparation prior to installation. 4. Installation a. Installation will be performed by Sunrun's licensed, bonded affiliate, Sunrun Installation Services Inc., or by another licensed, bonded contractor (an “Installation Partner”) that meets Sunrun's quality standards. Sunrun requires its Installation Partners to employ licensed personnel as required by applicable state law, regulations or codes, and to carry insurance as set forth in Section G(6) below. b. Sunrun or its Installation Partners will obtain any permits needed for installation of the Solar System. You agree to cooperate with Sunrun and assist Sunrun in obtaining any permits needed, including the Export Service documentation referenced in Section B(9). c. If Sunrun or its Installation Partner damages the Home during installation, we will repair the damage we caused at no cost to you. d. Sunrun, its Installation Partners and agents shall keep the Home reasonably free from waste materials or rubbish caused by their operations. Prior to the In-Service Date, Sunrun and its agents shall remove all tools, construction/installation equipment, machinery, waste materials and rubbish from and around the Home. e. Sunrun reserves the right, at Sunrun’s sole discretion, to install a critter guard with the Solar System. Guards can help protect the Solar System from pests or rodents that can damage components of the Solar System. 5. Access to the Home a. You agree to grant Sunrun and its Installation Partners reasonable access to the Home for the purpose of, as applicable, designing, installing, operating and testing the Solar System and performing Sunrun’s obligations under this Agreement. Sunrun agrees to give you reasonable notice when Sunrun needs to access the Home for any of the foregoing purposes and will endeavor to restrict such access to normal business hours. b. When requested by Sunrun or when necessary, you agree to allow Sunrun and construction professionals (an engineer, architect, or licensed contractor or their representative) hired by Sunrun to access the Home to inspect any buildings, including roofs, prior to installation of the Solar System to ensure that the Home can accommodate the Solar System. c. You must provide us with power and water for use during installation.
Sunrun Installation Services Inc. | 225 Bush Street, Suite 1400, San Francisco, CA 94104 | 888.GO.SOLAR | License No. 294836 Contract Version: 2020Q1V1 Generation Date: 4/23/2021 Proposal ID: PK3F3CVFV36D-D Version 2020Q1V1 8 DocuSign Envelope ID: 007C2F91-087C-4DAC-8989-2616CD37F916
d. You agree to make reasonable efforts to provide a safe and secure work environment for Sunrun and its Installation Partners at the Home throughout Solar System installation, the Initial Term and any Renewal Terms 6. Miscellaneous. a. Sunrun has the authority and sole discretion to use Installation Partners or agents to perform or assist Sunrun in performing Sunrun's obligations. b. If Work excluded from this Agreement in Section E(7) must be performed in order to properly effect the installation of the Solar System, you agree to contract separately, and at your own expense, with a contractor who has been designated by or approved by Sunrun to perform such obligation. In this instance, Sunrun will not unreasonably withhold such approval. c. If you plan to move or temporarily disconnect the Solar System to allow for maintenance of and/or repair to the Home, you agree, at your expense, either (i) to hire Sunrun to perform this work or (ii) to obtain Sunrun's approval of your contractor, who you agree must carry commercial general liability policy in an amount not less than one million ($1,000,000) dollars per occurrence and name “Sunrun Installation Services Inc. and its successor or assigns”, as additional insureds. d. You agree that you will not make any modifications, improvements, revisions or additions to the Solar System or take any other actions that could damage or void any applicable warranty set forth in Section C without Sunrun’s prior written consent. If you make any modifications, improvements, revisions or additions to the Solar System, they will become part of the Solar System and shall be Sunrun’s sole property. e. If applicable programs exist in your utility service area, you agree to allow Sunrun, from time to time, to remotely administer and operate the Solar System in connection with demand response or other programs to optimize your electricity costs or to maintain the reliability of the electrical grid. 7. Exclusions. We do not do or provide any of the following under this Agreement: a. removal or disposal of any material containing asbestos or any other hazardous material; b. movement of your personal items around the Home; c. upgrades to the electrical panel or electrical service or additional costs associated with moving the current electrical meter; d. installation or repair of fences; e. repair of any pre-existing roofing damage resulting from a substandard roof or pre-existing substandard roof installation work; f. structural framing work for any part of the roof or structure, including concealed substandard framing; g. correction of mistakes of another contractor or subcontractor (for example, if the Home was not built to code); h. removal and replacement of existing rot or insect infestation; i. testing or remediation of mold, fungus, mildew or organic pathogens; j. painting of conduit or other structural parts; k. upgrades for Utility access requirements such as special locks or 24-hour access gates; l. Homeowners Association (“HOA”) review, permitting or fees, however we will support your efforts to coordinate with your HOA; m. professional engineering services; n. correction of structural integrity problems (for roof mounted systems) or evaluation and correction of ground stability under or near the Solar System (for ground mounted systems); o. removal of trees; p. any studies or permitting beyond the basic building permit; or q. monitoring services associated with any monitoring equipment that is provided directly by a manufacturer and subject to the manufacturer’s terms and conditions.
F. Change Orders Sunrun Installation Services Inc. | 225 Bush Street, Suite 1400, San Francisco, CA 94104 | 888.GO.SOLAR | License No. 294836 Contract Version: 2020Q1V1 Generation Date: 4/23/2021 Proposal ID: PK3F3CVFV36D-D Version 2020Q1V1 9 DocuSign Envelope ID: 007C2F91-087C-4DAC-8989-2616CD37F916
If Sunrun requests a modification to the terms of the Agreement, Sunrun will notify you in writing of the requested change and will ask you to accept the modified terms by executing a change order. Failure to respond to a change order request within five (5) business days may lead to a cancellation of the Agreement pursuant to Section H.
For example, if upon completing the Site Survey it is determined that the contracted system size will not fit, and we have to reduce the system size by a panel or two we would create a change order which reflects a lower monthly payment due to less production. _
G. Additional Information 1. Agreement Term a. Initial Term. The Initial Term of the Agreement begins on the In-Service Date and continues in effect for twenty-five (25) years following the In-Service Date, unless canceled or terminated earlier in accordance with the terms of this Agreement. Within a reasonable period of time following its occurrence, Sunrun will notify you of the In-Service Date. b. Renewal Term. Subject to clause (ii) below, at the end of the Initial Term, the Agreement will be automatically renewed for an additional one-year term ("Renewal Term," collectively with the Initial Term, “Term”). Sunrun will provide you with your new monthly lease rate at the beginning of the Renewal Term and each successive Renewal Term, if any. The new monthly payment rate shall be the product of (A) 1,934 and (B) the lowest rate per kWh for on-peak energy charged to a residential customer at the Home by your Utility, or its successor. For example, if the lowest such rate for on-peak energy were $0.14 per kWh, your Monthly Lease Payment would remain $270.00. Notwithstanding the foregoing, in no event shall this Monthly Lease Payment be less than $270.00. Unless otherwise terminated under the terms of this agreement, the Agreement will continue to automatically renew for additional one-year terms at the end of each Renewal Term. (i) Sunrun will make a good faith effort to notify you between thirty (30) and sixty (60) days before the end of the Initial Term of (i) your end of term options and (ii) the estimated rate for electric energy in the first Renewal Term (if applicable). (ii) The Agreement will not automatically renew if either Party gives the other Party written notice of termination (x) at least thirty (30) days prior to the expiration of the Initial Term or the applicable Renewal Term, or (y) within fifteen (15) days after Sunrun provides you with the written estimated Monthly Lease Payment in the upcoming Renewal Term, whichever is later. 2. Termination At the end of the Initial Term or at the end of a Renewal Term, should either you or Sunrun end the Agreement, Sunrun will remove the Solar System at no cost to you. Written notice of termination must be provided in accordance with Section G.1(b).
Subject to the exclusions set forth in Sections C and E, Sunrun will return the Home to a condition similar to its condition prior to installation of the Solar System. You must notify Sunrun in writing of any deficiencies in restoration within five (5) business days of removal or a municipal building inspector’s approval of the work associated with the removal of the Solar System. 3. Customer Obligations. You acknowledge and agree to the following: a. Your local utility is Arizona Public Service (the “Utility”). You agree that the Home will remain connected to your Utility for the Initial Term and any Renewal Terms and that you will notify Sunrun prior to changing your Utility. b. That you will make all Monthly Lease Payments at the Monthly Lease payment prices set forth on Exhibit A.
Sunrun Installation Services Inc. | 225 Bush Street, Suite 1400, San Francisco, CA 94104 | 888.GO.SOLAR | License No. 294836 Contract Version: 2020Q1V1 Generation Date: 4/23/2021 Proposal ID: PK3F3CVFV36D-D Version 2020Q1V1 10 DocuSign Envelope ID: 007C2F91-087C-4DAC-8989-2616CD37F916
c. The Solar System is removable equipment owned by Sunrun or its affiliates and is not considered a fixture or otherwise part of the Home. (i) The Solar System will not be subject to any lien, security interest, claim, mortgage or deed of trust that may be imposed on or assessed against your interest in the Home, or any other property belonging to you. Neither Sunrun nor our Installation Partners will apply a lien to your title to the Home. (ii) However, you agree that Sunrun or a Sunrun affiliate may file any UCC-1 financing statement or other filing that confirms ownership of the Solar System. (iii) The foregoing notwithstanding, any contractor, subcontractor or materialman who provides goods or services pursuant to this Agreement and who is not paid may have a valid legal claim against the Home known as a mechanic’s lien. Sunrun shall satisfy and cause the removal of any such lien within days following the date Sunrun receives notice of the recording of such lien. d. The Solar System will be used primarily for household purposes and will not be used to heat a swimming pool. e. You may not sell, give away, transfer, pledge, remove, relocate, alter, tamper with or damage the Solar System or associated meters and/or monitors at any time. Any attempts to tamper with, damage or modify the Solar System will be considered beyond reasonable wear and tear use of the Solar System. You further acknowledge that removal of the Solar System from the Home during the Term for any reason may require Sunrun to refund, at your cost, Incentives provided in respect of the Solar System. f. You agree: to keep trees, bushes and hedges trimmed so that the Solar System retains shading and conditions present at the time of installation to not modify the Home in a way that shades the Solar System; to not permit or allow to exist any condition or circumstance that would cause the Solar System not to operate as intended at the Home; and to promptly notify Sunrun if you think the Solar System is damaged or appears unsafe or if the Solar System is stolen. g. You will refrain from attempting to clean, fix, or modify the Solar System, unless expressly permitted to do so by Sunrun. If any condition exists with respect to the Solar System which you think may be affecting performance or if you believe the Solar System has accumulated snow, is excessively soiled, is damaged or otherwise appears unsafe, please notify Sunrun at 225 Bush Street, Suite 1400, San Francisco, CA 94104, [email redacted], 855-478-6786. We may remedy the condition if it is deemed necessary by Sunrun to do so, put you in contact with certified partners who can remedy the condition, or provide you with instructions on how to remedy such situation (e.g. use a hose to spray the panels from ground level). h. You agree that Sunrun may (i) call you and (ii) send pre-recorded and text messages to you at the phone number you provided regarding the installation, maintenance, and administration of your Solar System using automated telephone technology even if your phone number is listed on any national or state “Do Not Call” list. Message and data rates may apply. Your initials indicate that you have read, understood and accepted the provisions set forth in this Section G(3)(h).
Agreed and accepted by: \i1\_______ (Initials) You further agree that Sunrun may (i) call and (ii) send pre-recorded or text messages, to the phone number you provided about other Sunrun products and services, using an autodialer, even if your phone number is listed on any national or state “Do Not Call” list. Message and data rates may apply. You further understand that consenting to the foregoing is not a condition of purchase or entry into this Agreement. You will have the opportunity to opt out of any marketing messages. Do you consent? \cctxt1\ Y
4. Purchase of Solar System
Sunrun Installation Services Inc. | 225 Bush Street, Suite 1400, San Francisco, CA 94104 | 888.GO.SOLAR | License No. 294836 Contract Version: 2020Q1V1 Generation Date: 4/23/2021 Proposal ID: PK3F3CVFV36D-D Version 2020Q1V1 11 DocuSign Envelope ID: 007C2F91-087C-4DAC-8989-2616CD37F916
a. Option to Purchase. You have the option to purchase the Solar System at the following times during the Initial Term: (i) Upon the fifth (5th) anniversary of the In-Service Date; (ii) At the end of the Initial Term; (iii) If you sell the Home during the Initial Term; and (iv) Under the circumstances described in Section G(10)(b). b. Notice of Intent to Purchase. To purchase the Solar System pursuant to this Section, you must deliver a written notice to Sunrun of your intent to purchase within sixty (60) days of the applicable date and deliver payment to Sunrun within thirty (30) days of receiving an invoice from Sunrun for the purchase price. c. Purchase Price. The purchase price will be the fair market value ("FMV") of the Solar System at the time of the purchase. Sunrun will determine the FMV of the Solar System by hiring an independent appraiser to estimate the value of a comparable in-service photovoltaic solar system in your state and Utility service area. This valuation will take into account the Solar System’s age, location, size and other market characteristics such as equipment type, service costs, the value of electricity in your area, and any applicable Incentives. In addition, if the Solar System is purchased prior to the fifth (5th) anniversary of the In-Service Date, the FMV will include the recapture of any federal tax credits. Termination of Agreement upon Purchase; Right to Monitor. After you purchase the Solar System, this Agreement will terminate and neither you nor Sunrun will have any remaining obligations under this Agreement. For the avoidance of doubt, after termination, Sunrun will not provide you with any maintenance or repair services, unless you enter into a separate agreement with Sunrun for Sunrun or its Installation Partner to perform these services at your expense. If possible, Sunrun will assign to you any equipment warranties still in effect for the Solar System. Sunrun reserves the right to continue to measure the performance of the Solar System after termination of the Agreement.
5. Sale of Home, Assignment and Foreclosure; Refinancing a. Sale of Home. If you sell the Home you: (i) May transfer all rights and obligations under this Agreement to the new owner, provided that the new owner (a) meets Sunrun’s credit requirements of a FICO score of 650 or higher and (b) agrees in writing to be bound by all of the terms and conditions set forth herein; or (ii) May transfer all rights and obligations under this Agreement to the new owner, provided that the new owner (a) (i) qualifies for a mortgage to purchase the Home or (ii) purchases the Home in cash, (b) either you or the new owner pays Sunrun a $250.00 credit check exemption fee and (c) the new owner agrees in writing to be bound by all of the terms and conditions set forth herein; or (iii) Will be deemed to have terminated this Agreement and Sunrun may exercise its rights under Section G(10) if: 1. You sell or otherwise transfer your interest in the Home without either purchasing the Solar System or assigning this Agreement to the new owner in accordance with the terms of this Section, or 2. The new owner refuses to assume the Agreement. b. Assignment of Agreement. (i) Sunrun may, without your consent, assign, lease, sublease, or transfer the Solar System and this Agreement, along with all rights and obligations hereunder, to any third party (each, an "Assignee"), for any purpose, including without limitation, collection of unpaid amounts, financing of the Solar System's installation, or in the event of an acquisition, corporate reorganization, merger or sale of substantially all of Sunrun’s assets to another entity, provided however all obligations of Sunrun,
Sunrun Installation Services Inc. | 225 Bush Street, Suite 1400, San Francisco, CA 94104 | 888.GO.SOLAR | License No. 294836 Contract Version: 2020Q1V1 Generation Date: 4/23/2021 Proposal ID: PK3F3CVFV36D-D Version 2020Q1V1 12 DocuSign Envelope ID: 007C2F91-087C-4DAC-8989-2616CD37F916
including without limitation warranty obligations, shall remain the obligation of Sunrun or the Assignee. (ii) If Sunrun assigns the Agreement, Sunrun will continue to operate and maintain the Solar System until you receive written notice otherwise. Sunrun requests a minimum of fifteen (15) days’ prior written notice if you wish to transfer this Agreement pursuant to Section G(5)(a)(i) or (ii). (iii) All assignments shall be made in writing. Inquiries and notices regarding assignment shall be directed to you at the Home and shall be directed to Sunrun at the address set forth in Section G(12). c. Foreclosures. (i) If foreclosure proceedings are filed involving the Home, you shall be in default of the Agreement pursuant to Section G(10) and the Agreement shall terminate without notice to you and Sunrun may exercise any of its remedies, including but not limited to removal of the Solar System. (ii) Fannie Mae and Federal Housing Finance Agency Guidance for foreclosures. The Federal Housing Finance Agency (FHFA) is the conservator of and responsible for ensuring that the lending agencies Fannie Mae and Freddie Mac serve as a reliable source of liquidity and funding for housing finance. 1. For all property financed by a Fannie Mae loan, FHFA guidelines require, and you and Sunrun (as applicable) agree: (i) That the Home will remain connected to your Utility for the Initial Term and any Renewal Terms. (ii) That in the event the Home is foreclosed upon, the lender shall have the discretion to: 1. Terminate the Agreement and require Sunrun to remove the Solar System; 2. Assume your obligations under the Agreement without payment of any transfer or similar fee; or 3. Terminate the Agreement and enter in to a new agreement with Sunrun under terms no less favorable than the original Agreement. 2. Sunrun agrees not to be named loss payee (or named insured) on your insurance policy/ies covering the Home. 3. Review the Fannie Mae Selling Guide effective November 3, 2015, Section B2-3-04, available at www.fanniemae.com, for more information. d. Refinancing. If you refinance your Home, Sunrun will provide reasonable cooperation in connection with the refinancing at no cost to you, including removing and refiling any UCC financing notice or completing any document that your lender may reasonably request be completed regarding the existing obligations under this Agreement. Your initials indicate that you have read, understood and accepted the provisions set forth in this Section G(5). Agreed and accepted by: \i1\_______ (Initials) 6. Insurance a. Sunrun is responsible for insuring the Solar System against all damage and loss. Sunrun currently carries, and shall maintain the following insurance during the term of this Agreement : (i) Insurance covering damage to and theft of the Solar System; (ii) Commercial general liability insurance (“CGL”) and workers’ compensation insurance underwritten by Arthur J. Gallagher & Co. Insurance Brokers of California, Inc. (“Gallagher”). (iii) Worker’s compensation insurance for all employees.
Sunrun Installation Services Inc. | 225 Bush Street, Suite 1400, San Francisco, CA 94104 | 888.GO.SOLAR | License No. 294836 Contract Version: 2020Q1V1 Generation Date: 4/23/2021 Proposal ID: PK3F3CVFV36D-D Version 2020Q1V1 13 DocuSign Envelope ID: 007C2F91-087C-4DAC-8989-2616CD37F916
b. Upon damage or destruction of the Solar System, you will not be entitled to receive or retain any insurance proceeds. Sunrun will insure the Solar System against all damage or loss unless such damage or loss is due to your gross negligence or willful damage of the Solar System. In cases where we bear the risk of loss, our sole obligation to you will be to repair or replace the Solar System to the extent required by any equipment warranty.
c. During the Initial Term of this Agreement you agree to carry insurance covering damage to the Home, including damage resulting from the Solar System and not due to the gross negligence of Sunrun. It is your responsibility to determine whether installation of the Solar System will impact your existing coverage and if additional insurance is required. d. Sunrun requires its Installation Partners to maintain the following insurance coverages: (i) Workers compensation, subject to statutory limits; (ii) Employers liability, with a minimum of one million ($1,000,000) dollars each occurrence; (iii) Commercial general liability, in an amount not less than one million ($1,000,000) dollars per occurrence and two million ($2,000,000) dollars annual aggregate; (iv) Commercial automobile liability, in an amount not less than a combined bodily injury and property damage limit of one million ($1,000,000) dollars per accident; (v) Excess liability insurance with a limit of one million ($1,000,000) dollars per occurrence and in the annual aggregate in excess of the limits of insurance provided above; and (vi) Any other insurance required by applicable laws or regulation. Your initials indicate that you have read, understood and accepted the provisions set forth in this Section G(6) Agreed and accepted by: \i1\_______ (Initials) 7. Limitations of Liability SUNRUN MAY BE LIABLE TO YOU AND ANY OTHER PERSON FOR DAMAGES OR LOSSES DIRECTLY ATTRIBUTABLE TO ITS NEGLIGENCE OR WILLFUL MISCONDUCT. TOTAL LIABILITY FOR SUCH DIRECT DAMAGES OR LOSSES WILL IN NO EVENT EXCEED ONE MILLION US DOLLARS ($1,000,000.00). THIS WILL BE THE SOLE AND EXCLUSIVE REMEDY AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR EQUITY ARE WAIVED, EVEN IF YOU HAVE GREATER RIGHTS UNDER THE LAWS OF THE STATE IN WHICH YOUR HOME IS LOCATED, WHICH YOU SHOULD CONSULT. SUNRUN IS NOT RESPONSIBLE FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS OR LOSSES RELATING TO THIS AGREEMENT, IN TORT OR CONTRACT, INCLUDING ANY NEGLIGENCE OR OTHERWISE. YOU SHALL INDEMNIFY, DEFEND, PROTECT, SAVE AND HOLD HARMLESS SUNRUN, ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, FINANCING PARTNERS, SUCCESSORS AND ASSIGNS FROM ANY AND ALL THIRD PARTY CLAIMS, ACTIONS, COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES), DAMAGES, LIABILITIES, PENALTIES, LOSSES, OBLIGATIONS, INJURIES, DEMANDS AND LIENS OF ANY KIND OR NATURE ARISING OUT OF, CONNECTED WITH, RELATING TO OR RESULTING FROM YOUR NEGLIGENCE OR WILLFUL MISCONDUCT; PROVIDED, THAT NOTHING HEREIN SHALL REQUIRE YOU TO INDEMNIFY SUNRUN FOR ITS OWN NEGLIGENCE OR WILLFUL MISCONDUCT. THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE TERMINATION OR EXPIRATION OF THIS AGREEMENT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SUNRUN MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, REGARDING ITS OBLIGATIONS OR THE SOLAR SYSTEM. THERE IS NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL IMPLIED WARRANTIES ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER STATE AND FEDERAL LAW. ANY WARRANTY Sunrun Installation Services Inc. | 225 Bush Street, Suite 1400, San Francisco, CA 94104 | 888.GO.SOLAR | License No. 294836 Contract Version: 2020Q1V1 Generation Date: 4/23/2021 Proposal ID: PK3F3CVFV36D-D Version 2020Q1V1 14 DocuSign Envelope ID: 007C2F91-087C-4DAC-8989-2616CD37F916
EXPRESSLY PROVIDED FOR IN THIS AGREEMENT EXCLUDES CONSEQUENTIAL AND INCIDENTAL DAMAGES TO THE FULLEST EXTENT PERMISSIBLE UNDER STATE AND FEDERAL LAW AND LIMITS THE DURATION OF ANY WARRANTIES NOT EXPRESSLY PROVIDED HEREIN TO THE FULLEST EXTENT PERMISSIBLE UNDER STATE AND FEDERAL LAW. 8. Limitations on Damages IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANYONE FOR LOSS OF PROFITS, DAMAGES FROM POWER INTERRUPTION OR OTHER SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES. 9. Force Majeure Sunrun is not responsible for any delay or failure in the performance under this Agreement if the delay or failure is due to Force Majeure. “Force Majeure” means any event, condition or circumstance beyond the reasonable control of, and not caused by, Sunrun’s fault or negligence. Force Majeure includes, without limitation, acts of God such as storms, fires, floods, lightning and earthquakes, sabotage or destruction by a third party of the Solar System, war, riot, acts of a public enemy or other civil disturbance, or a strike, walkout, lockout or other significant labor dispute. Force Majeure does not include economic hardship or insufficiency, unavailability, failure, or diminishment of solar resources, except as a result of an event that would otherwise qualify as a Force Majeure. In order to claim Force Majeure as a reason for non-performance, Sunrun must give you notice within fourteen (14) days following its occurrence and estimate how long it will last and what the potential impact is on the Agreement. If Sunrun claims Force Majeure, it must: a. make reasonable attempts to continue to perform under the Agreement; b. quickly take action to correct the problem caused by the Force Majeure; c. make reasonable efforts to limit damage to you; and d. notify you when the Force Majeure event ends and performance will resume as contemplated in this Agreement.
10. Default and Remedies a. DEFAULT BY CUSTOMER; SUNRUN’S REMEDIES: (i) You will be in default under the Agreement if: 1. You terminate this Agreement under Section G(5)(a)(iii); 2. You provide any false or misleading financial or other information to obtain this Agreement; 3. You assign, transfer, or encumber this Agreement or any part of the Solar System without Sunrun’s prior written consent; 4. You make a general assignment for the benefit of creditors, file a petition in bankruptcy, appoint a trustee or receiver, or have all or substantially all of your assets subject to attachment, execution or other judicial seizure, or you become insolvent or unable to pay your debts, or vacate or abandon the Home;. 5. Foreclosure proceedings are filed involving the Home; 6. You fail to (1) provide us with the information, approvals or reasonable access to the Home we need in order to do the Work, or you fail to (2) make a payment when due, and, in either case, you fail to correct the problem in ten (10) days of notice being provided to you. In addition, to any other remedies described herein, upon the occurrence of any event described in the foregoing sentence, and prior to expiration of the 10 day cure period, Sunrun may stop Work. Sunrun will give you written notice of our reasons for stopping Work. 7. If you fail to perform any other material obligation that you have undertaken in this Agreement, including doing something you have agreed not to do, and such failure continues beyond a period of fourteen (14) days after you receive notice of such failure. Sunrun Installation Services Inc. | 225 Bush Street, Suite 1400, San Francisco, CA 94104 | 888.GO.SOLAR | License No. 294836 Contract Version: 2020Q1V1 Generation Date: 4/23/2021 Proposal ID: PK3F3CVFV36D-D Version 2020Q1V1 15 DocuSign Envelope ID: 007C2F91-087C-4DAC-8989-2616CD37F916
(ii) If any events described in Section G(10)(a)(i) occur, Sunrun may, upon notice to you, exercise one or more of the following remedies, in its sole discretion: 1. Sunrun may terminate the Agreement; 2. Sunrun may, subject to any cure rights provided herein or under applicable law, have the right to disconnect the Solar System and/or enter the Home and remove the Solar System. We will provide at least ten (10) days’ advanced written notice of our intent to disconnect the Solar System; 3. Sunrun may require you to pay Sunrun a termination payment equal to the Prepayment of all future Monthly Lease Payments during the Initial Term ("Make Whole"); 4. If, as a result of your default, Sunrun removes the Solar System, then in addition to the Make Whole payment, you will be obligated to pay Sunrun an amount equal to the value of any Incentives that Sunrun must return as a result of such removal; 5. Sunrun may exercise any other remedies available to Sunrun at law or in equity. b. SUNRUN’S DEFAULT; YOUR REMEDIES. In addition to any other remedies you have under this Agreement, if Sunrun (i) makes a general assignment for the benefit of creditors, files a petition in bankruptcy, appoints a trustee or receiver, or has all or substantially all of its assets subject to attachment, execution or other judicial seizure, or (ii) fails to perform an obligation under the Agreement and such failure continues beyond a period of ninety (90) days after we receive notice of such failure (provided, in each case, this Agreement is otherwise in full force and effect prior to such event), you will have the option to purchase the Solar System as set forth in Section G(4)
11. Dispute Resolution; Arbitration; Class Action Waiver This Section sets forth the procedure for resolving disputes related to this Agreement (the "Dispute"). Unless otherwise agreed in writing, the Parties agree to continue to perform each Party's respective obligations under this Agreement during the course of the resolution of the Dispute. a. INFORMAL DISPUTE RESOLUTION. The Parties agree to first try to resolve informally and in good faith any Dispute. Accordingly, you agree to send a written notice of the Dispute to the address listed in Section G(12) of the Agreement. Sunrun will send a written notice of Dispute to the Home’s address. If the Parties do not reach an informal agreement to resolve the Dispute within forty-five (45) days after the notice of Dispute is received, you or Sunrun may commence a formal proceeding as detailed below. All applicable statutes of limitation and defenses based upon the passage of time shall be tolled for the 45 days during which the parties try to informally resolve any Dispute. If you claim deficiencies in the Solar System’s installation or performance, you must allow us to visually inspect the Solar System and obtain or download pertinent performance data from the Solar System. b. ARBITRATION. IF THE PARTIES CANNOT RESOLVE THE DISPUTE INFORMALLY, THE DISPUTE, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, WILL BE RESOLVED BY BINDING ARBITRATION BEFORE ONE ARBITRATOR. ARBITRATION MEANS YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND ALL DISPUTES SHALL BE DECIDED BY AN ARBITRATOR. THIS AGREEMENT TO ARBITRATE DISPUTES IS GOVERNED BY THE FEDERAL ARBITRATION ACT ("FAA"). THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS STREAMLINED ARBITRATION RULES & PROCEDURES. THE ARBITRATION WILL BE OVERSEEN BY THE JAMS OFFICE NEAREST TO THE HOME. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION. THE ARBITRATOR MAY, IN THE AWARD, ALLOCATE ALL OR PART OF THE COSTS OF THE ARBITRATION, INCLUDING THE FEES OF THE ARBITRATOR AND THE REASONABLE ATTORNEY FEES OF THE PREVAILING PARTY. Sunrun Installation Services Inc. | 225 Bush Street, Suite 1400, San Francisco, CA 94104 | 888.GO.SOLAR | License No. 294836 Contract Version: 2020Q1V1 Generation Date: 4/23/2021 Proposal ID: PK3F3CVFV36D-D Version 2020Q1V1 16 DocuSign Envelope ID: 007C2F91-087C-4DAC-8989-2616CD37F916
c. You may, in arbitration, seek all remedies available to you under this Agreement as interpreted under California law. If there is a conflict between the JAMS Rules and this Agreement, this Agreement will govern. Sunrun will pay the costs for initiating arbitration proceedings whether you or Sunrun prevails in arbitration. Other fees, such as attorneys’ fees and expenses of travel to the arbitration, will be paid in accordance with JAMS Rules. If the arbitrator finds in your favor, Sunrun will pay your attorney’s fees and expenses of travel to the arbitration. The arbitration hearing will take place in the federal judicial district of the Home, unless you and Sunrun agree to another location in writing. In order to initiate arbitration proceedings, you or Sunrun must take the following actions: (i) Write a demand for arbitration. The demand must include a description of the Dispute and the amount of damages you are seeking. The form of Demand for Arbitration can be found under ADR Forms at www.jamsadr.com. (ii) Send three (3) copies of the demand for arbitration to the JAMS location at Two Embarcadero Center, Suite 1500, San Francisco, California 94111. (iii) Send one copy of the demand for arbitration to the other Party. You and Sunrun agree to receive service of process of the arbitration demand by registered or certified mail, return receipt requested, at your billing address and Sunrun’s principal executive office, respectively. d. In accordance with the FAA and the JAMS Rules, the arbitrator’s decision will be final and binding. Any right to appeal is likewise governed by the FAA and JAMS Rules. Any arbitration award may be enforced in any court with jurisdiction. For more information about JAMS and its Streamlined Arbitration Rules & Procedures, visit www.jamsadr.com, or call 1.800.352.5267.
e. CLASS ACTION WAIVER. ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. AS A RESULT, NEITHER YOU NOR SUNRUN MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER ”CUSTOMERS”, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Your initials indicate that you have read, understood and accepted the provisions set forth in this Section G(11). Agreed and accepted by: \i1\_______ (Initials) 12. Written Notice & General Correspondence All notices, demands or requests related to this Agreement must be in writing and will be sent to the Customer at the Home’s mailing address or email address identified under your signature to this Agreement. We will primarily use email to communicate with you, unless you request correspondence solely via first class mail. Any notice or communication made in electronic form will have the same legal effect and enforceability as if made in non-electronic form. Correspondence, notices, demands or requests should be sent to Sunrun at: c/o Sunrun Inc. Attn: Legal Department 225 Bush Street, Suite 1400 San Francisco, CA 94104 Phone: 855-478-6786 Email: [email redacted]
13. Governing Law. Unless otherwise prohibited by law, this Agreement shall be interpreted in accordance with and governed by the laws of the State in which the Home is located, without regard to any conflicts of laws principles thereof. 14. You agree that Sunrun has the right to periodically check your consumer credit report. Sunrun may report information about your performance under this Agreement to consumer reporting agencies. Late payments, missed payments or other defaults hereunder may be reflected in your credit report. Sunrun Installation Services Inc. | 225 Bush Street, Suite 1400, San Francisco, CA 94104 | 888.GO.SOLAR | License No. 294836 Contract Version: 2020Q1V1 Generation Date: 4/23/2021 Proposal ID: PK3F3CVFV36D-D Version 2020Q1V1 17 DocuSign Envelope ID: 007C2F91-087C-4DAC-8989-2616CD37F916
15. IT SHALL NOT BE LEGAL FOR THE SELLER (LESSOR) TO ENTER YOUR PREMISES UNLAWFULLY OR COMMIT ANY BREACH OF THE PEACE TO REPOSSESS GOODS PURCHASED (LEASED) UNDER THIS AGREEMENT. 16. You agree that Sunrun has the right to obtain photographic images of the Solar System and the Home, and to use such photographic images for internal and quality control purposes. Sunrun will not use photographic images of the Solar System or the Home in its marketing and promotional materials without first obtaining your express written approval. 17. This Agreement is binding upon, and inures to the benefit of, the Parties and their respective heirs, executors, administrators, legal representatives, successors and assigns. 18. This Agreement supersedes any prior understandings, agreements, or representations by or between the parties, written or oral, to the extent they related in any way to the subject matter hereof. 19. Entire Agreement. You agree that this Agreement constitutes the entire agreement between you and Sunrun. If any provision is declared to be invalid, that provision will be deleted or modified, and the rest of the Agreement will remain enforceable. The terms of this Agreement that expressly or by their nature survive termination shall continue thereafter until fully performed, which shall include, without limitation, the obligation to make payments hereunder.
H. Notices of Right to Cancel 1. We May Revoke Our Offer To Enter Into This Agreement In Our Sole Discretion If You Do Not Accept, Sign And Send The Agreement To Us By The Tenth (10th) Calendar Day After The Date We Present It To You. 2. In Addition To The 10-Day Right To Cancel, Which Is Described On the Signature Page and Exhibit C, You May Cancel The Agreement Without Penalty and Have Your Deposit Refunded By Sunrun Within a Reasonable Period of Time Following Cancellation: a. If we fail in some material way to perform the Work, and do not correct such failure within ninety days (90) after receiving written notice from you pursuant to Section G(12) that details the nature of the failure to perform and the date on which you first noticed the incident; b. If Sunrun requests a change to the Agreement pursuant to Section F, and you do not agree to such change; c. If it is determined that you must pay for any site improvements (to accommodate a Solar System); or
For example, if upon completion of the Site Survey we recommend that the roof should be replaced prior to the solar installation, but you do not have the means to complete the re-roof, then you may __cancel the agreement.
__
d. If, for a period of one hundred eighty (180) days after the Effective Date Installation of the Solar System has not commenced, and you have fulfilled all of your obligations under this Agreement, including making the Home accessible to Sunrun and in a state ready to permit installation. 3. We May Cancel This Agreement If: a. prior to the commencement of installation, there is a change in the Solar System’s annual energy production estimate, expressed in kWh, provided by the National Renewable Energy Laboratory PVWatts Calculator. b. concealed conditions that you knew about or reasonably should have known about are discovered that prevent installation or would result in reduced estimated system production as set forth in Section B; c. you delay in correcting pre-existing conditions that prevent installation of the Solar System;
Sunrun Installation Services Inc. | 225 Bush Street, Suite 1400, San Francisco, CA 94104 | 888.GO.SOLAR | License No. 294836 Contract Version: 2020Q1V1 Generation Date: 4/23/2021 Proposal ID: PK3F3CVFV36D-D Version 2020Q1V1 18 DocuSign Envelope ID: 007C2F91-087C-4DAC-8989-2616CD37F916
d. you fail to respond to Sunrun’s or its Installation Partner’s questions and requests and cause Solar System installation to be delayed for thirty (30) or more days as a result of your unresponsiveness; e. a change in Solar System design changes the expected costs and benefits of this Agreement to Sunrun; f. cellular service or internet service is no longer available at the Home or if the availability of cellular or internet service significantly decreases, in which case Sunrun will refund you the Deposit within a reasonable period of time following cancellation if such lack of, or decrease in, cellular service or internet service is through no fault of your own; g. Sunrun requests a change to the Agreement pursuant to Section F, and you do not agree to such change within five (5) business days after you are notified of such request, in which case Sunrun will refund you the Deposit within a reasonable period of time following cancellation. h. prior to the commencement of installation, there are any changes or proposed changes to your applicable Utility tariff (including any changes to Export Service , Export Service not being extended or continued on the same terms, or for any other reason the Solar System does not qualify or is otherwise ineligible for Export Service or expected Incentives), we may cancel this Agreement, in which case Sunrun will refund you the Deposit within a reasonable period of time following cancellation. i. prior to the commencement of installation, the Solar System fails to qualify for any expected Incentives (including Incentives based on your household income or similar criteria), we may cancel this Agreement, in which case Sunrun will refund you the Deposit within a reasonable period of time following cancellation. The law of the State of Arizona requires that we advise you of your right to cancel this Agreement. See the attached notice of cancellation form for an explanation of this right. YOUR INITIALS BELOW INDICATE THAT YOU: • Are eighteen (18) years of age or older; • Are either a United States resident or are not exempt from paying Federal US income taxes; • Are the owner of legal title to the Home and that every person or entity with an ownership interest in the Home has agreed to be bound by the terms of the Agreement; • Have read, understood and accepted the explanation of estimated energy output, energy sources, contract term and payment terms (including, without limitation, the Auto-Pay discount); • Have understood that Sunrun has the right to check your credit; • Agree that Sunrun will make a final determination of your eligibility in its sole discretion; • Acknowledge that you are responsible for making all payments under the terms of a 25-year Agreement; • Acknowledge that Sunrun will communicate with you via email and that you must maintain a working email address in order to receive these communications; • Acknowledge that you will continue to receive a monthly bill from your Utility; • Acknowledge that the Solar System is owned by Sunrun Installation Services Inc. and/or its affiliates; and • Acknowledge that you have been advised on your right to cancel this Agreement.
Agreed and accepted by: \i1\_______ (Initials) [Signature Page Follows]
Sunrun Installation Services Inc. | 225 Bush Street, Suite 1400, San Francisco, CA 94104 | 888.GO.SOLAR | License No. 294836 Contract Version: 2020Q1V1 Generation Date: 4/23/2021 Proposal ID: PK3F3CVFV36D-D Version 2020Q1V1 19 DocuSign Envelope ID: 007C2F91-087C-4DAC-8989-2616CD37F916
By signing below, you acknowledge that you have reviewed and received a complete copy of the Agreement without any blanks. Such Agreement shall be the complete understanding between the Parties. SUNRUN INSTALLATION SERVICES INC.
Signature:\os\___________________ Print Name:\on\__________________ Morgan Flowers
Date:\od\_______________________ 4/30/2021
Title:\ot\________________________ project operations
Federal Employer Identification Number: 26-2841711 IF YOU CHOOSE TO PAY BY CHECK, MAKE CHECKS OUT TO SUNRUN INC. NEVER MAKE A CHECK OUT TO A SALES REPRESENTATIVE. OUR SALES REPRESENTATIVES ARE NOT AUTHORIZED TO RECEIVE CHECKS IN THEIR OWN NAMES. YOU MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE TENTH DAY AFTER THE EFFECTIVE DATE. PLEASE REVIEW THE ATTACHED NOTICES OF CANCELLATION FOR AN EXPLANATION OF THIS RIGHT. Customer Primary Account Holder Secondary Account Holder (Optional) \s1\____________________________________ \s2\_______________________________ Signature Claudia Marie Cook Signature \d1\____________________________________ 4/28/2021 \n2\_______________________________ Jennifer Cline Date Print Name
Email Address*: \em1\ [email redacted] Mailing Address: 7977 W Robin Ln Peoria, AZ 85383 Phone: \ph1\ (949) 429-9107
*Email addresses will be used by Sunrun for official correspondence, such as sending monthly bills or other invoices.
Sales Consultant
By signing below I acknowledge that I am Sunrun accredited, that I presented this agreement according to the Sunrun Code of Conduct, and that I obtained the homeowner's signature on this agreement. \r1\___________________________________________ Signature
\r2\___________________________________________ Chad Lewis Print Name
\r4\___________________________________________ [number redacted] Sunrun ID number
Sunrun Installation Services Inc. | 225 Bush Street, Suite 1400, San Francisco, CA 94104 | 888.GO.SOLAR | License No. 294836 Contract Version: 2020Q1V1 Generation Date: 4/23/2021 Proposal ID: PK3F3CVFV36D-D Version 2020Q1V1 20 DocuSign Envelope ID: 007C2F91-087C-4DAC-8989-2616CD37F916
Exhibit A Monthly Lease Payment Schedule and Prepayment Pricing
When you sign the Agreement, you will pay Sunrun a Deposit of $0. At the start of installation of the Solar System, you will pay Sunrun an Initial Payment of $0 (plus $0 sales tax). Each Monthly Lease Payment shown below is for the previous year. Each of your first 12 Monthly Lease Payments will be in the amount of $270.00. The Monthly Lease Payments shall increase by 0.0% annually during the Initial Term of the Agreement (the “Annual Increase”), effective as of the Monthly Lease Payment that covers any calendar month that includes an anniversary of the In-Service Date (and such increase would not apply to any part of a Monthly Lease Payment that covers the days in a calendar month leading up to an anniversary of the In-Service Date). The Monthly Lease Payments shown below are before any applicable taxes and include a $7.50 discount for paying through Automated Clearing House (ACH) withdrawal. If you do not elect automatic payment through ACH withdrawal from your checking or savings account, you will not receive this discount and each monthly payment will be $7.50 greater. For simplicity, the table below is based on the assumption that the In-Service Date will occur on the first day of the month. As specified below, Sunrun will issue you a refund if Actual Output is less than Guaranteed Output to date. Please see Section D of the Agreement for additional information, including certain limitations.
Sunrun Installation Services Inc. | 225 Bush Street, Suite 1400, San Francisco, CA 94104 | 888.GO.SOLAR | License No. 294836 Contract Version: 2020Q1V1 Generation Date: 4/23/2021 Proposal ID: PK3F3CVFV36D-D Version 2020Q1V1 21 DocuSign Envelope ID: 007C2F91-087C-4DAC-8989-2616CD37F916
Year Monthly Lease Payment Estimated for the Solar System Prepayment (including the Annual Purchase Price^ Increase)*
$270.00 $49,304 $270.00 $48,160 $270.00 $46,966 $270.00 $45,722 $270.00 $44,426 $270.00 $43,074 $270.00 $41,664 $270.00 $40,195 $270.00 $38,663 $270.00 $37,067 $270.00 $35,402 $270.00 $33,667 $270.00 $31,857 $270.00 $29,971 $270.00 $28,005 $270.00 $25,955 $270.00 $23,818 $270.00 $21,591 $270.00 $19,268 $270.00 $16,847 $270.00 $14,323 $270.00 $11,692 $270.00 $8,949 $270.00 $6,089 $270.00 $3,108
Year Performance Refund per kWh Guarantee (kWh if Guaranteed Output to Date) Output is Not Met
52,493 $0.110 104,463 $0.110 155,914 $0.110 206,852 $0.110 257,282 $0.110 307,209 $0.110 356,638 $0.110 405,573 $0.110 454,021 $0.110 501,985 $0.110
Sunrun Installation Services Inc. | 225 Bush Street, Suite 1400, San Francisco, CA 94104 | 888.GO.SOLAR | License No. 294836 Contract Version: 2020Q1V1 Generation Date: 4/23/2021 Proposal ID: PK3F3CVFV36D-D Version 2020Q1V1 22 DocuSign Envelope ID: 007C2F91-087C-4DAC-8989-2616CD37F916
549,471 $0.110 596,484 $0.110 619,814 $0.110 *These Monthly Lease Payments assume an Annual Increase of 0.0% ^At any time, you may prepay the balance of your estimated obligations under this Agreement. Please see Section B for additional information.
After the Initial Term, if this Agreement is renewed in accordance with Section G(1), Sunrun shall, on each anniversary of the In-Service Date, establish a new Monthly Lease Payment. The new monthly payment rate shall be the product of (A) 1,934 and (B) the lowest rate per kWh for on-peak energy charged to a residential customer at the Home by your Utility, or its successor. For example, if the lowest such rate for on-peak energy were $0.14 per kWh, your Monthly Lease Payment would remain $270.00. Notwithstanding the foregoing, in no event shall this Monthly Lease Payment be less than $270.00. Please note that Utility rates and utility rate structures are subject to change. These changes cannot be accurately predicted. Projected savings from the Solar System are therefore subject to change. Tax incentives are subject to change or termination by executive, legislative or regulatory action. Agreed and accepted by: \i1\_______ (Initials)
Sunrun Installation Services Inc. | 225 Bush Street, Suite 1400, San Francisco, CA 94104 | 888.GO.SOLAR | License No. 294836 Contract Version: 2020Q1V1 Generation Date: 4/23/2021 Proposal ID: PK3F3CVFV36D-D Version 2020Q1V1 23 DocuSign Envelope ID: 007C2F91-087C-4DAC-8989-2616CD37F916
EXHIBIT B LEGAL NOTICES
[Intentionally Left Blank]
Sunrun Installation Services Inc. | 225 Bush Street, Suite 1400, San Francisco, CA 94104 | 888.GO.SOLAR | License No. 294836 Contract Version: 2020Q1V1 Generation Date: 4/23/2021 Proposal ID: PK3F3CVFV36D-D Version 2020Q1V1 24 DocuSign Envelope ID: 007C2F91-087C-4DAC-8989-2616CD37F916
EXHIBIT C NOTICE OF CANCELLATION
DATE OF AGREEMENT: \od\_________________ 4/30/2021
YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN TEN (10) CALENDAR DAYS FROM THE ABOVE DATE. IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENT MADE BY YOU UNDER THE CONTRACT OR SALE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN 10 CALENDAR DAYS FOLLOWING RECEIPT BY SUNRUN INSTALLATION SERVICES INC. OF YOUR CANCELLATION NOTICE AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED. IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO SUNRUN OR THE CONTRACTOR, OR A SUNRUN DESIGNEE 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 SUNRUN INSTALLATION SERVICES INC. REGARDING THE RETURN SHIPMENT OF THE GOODS AT SUNRUN INSTALLATION SERVICES INC.’S EXPENSE AND RISK. IF YOU DO MAKE THE GOODS AVAILABLE TO SUNRUN INSTALLATION SERVICES INC. AND SUNRUN INSTALLATION SERVICES INC. DOES NOT PICK THEM UP WITHIN TWENTY (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 SUNRUN INSTALLATION SERVICES INC., OR IF YOU AGREE TO RETURN THE GOODS TO SUNRUN INSTALLATION SERVICES INC. AND FAIL TO DO SO, THEN YOU REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT. TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE, OR ANY OTHER WRITTEN NOTICE, OR SEND A TELEGRAM TO SUNRUN INSTALLATION SERVICES INC. AT 717 17TH STREET, FLOOR 5, DENVER, CO 80202, PH: 1-855-478- 6786, [email redacted].
I HEREBY CANCEL THIS TRANSACTION. CUSTOMER SIGNATURE: ___________________ DATE: __________________
Sunrun Installation Services Inc. | 225 Bush Street, Suite 1400, San Francisco, CA 94104 | 888.GO.SOLAR | License No. 294836 Contract Version: 2020Q1V1 Generation Date: 4/23/2021 Proposal ID: PK3F3CVFV36D-D Version 2020Q1V1 25 DocuSign Envelope ID: 007C2F91-087C-4DAC-8989-2616CD37F916
EXHIBIT C DUPLICATE COPY NOTICE OF CANCELLATION
DATE OF AGREEMENT: \od\_________________ 4/30/2021
YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN TEN (10) CALENDAR DAYS FROM THE ABOVE DATE. IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENT MADE BY YOU UNDER THE CONTRACT OR SALE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN 10 CALENDAR DAYS FOLLOWING RECEIPT BY SUNRUN INSTALLATION SERVICES INC. OF YOUR CANCELLATION NOTICE AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED. IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO SUNRUN OR THE CONTRACTOR, OR A SUNRUN DESIGNEE 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 SUNRUN INSTALLATION SERVICES INC. REGARDING THE RETURN SHIPMENT OF THE GOODS AT SUNRUN INSTALLATION SERVICES INC.’S EXPENSE AND RISK. IF YOU DO MAKE THE GOODS AVAILABLE TO SUNRUN INSTALLATION SERVICES INC. AND SUNRUN INSTALLATION SERVICES INC. DOES NOT PICK THEM UP WITHIN TWENTY (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 SUNRUN INSTALLATION SERVICES INC., OR IF YOU AGREE TO RETURN THE GOODS TO SUNRUN INSTALLATION SERVICES INC. AND FAIL TO DO SO, THEN YOU REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT. TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE, OR ANY OTHER WRITTEN NOTICE, OR SEND A TELEGRAM TO SUNRUN INSTALLATION SERVICES INC., AT 717 17TH STREET, FLOOR 5, DENVER, CO 80202, PH: 1-855-478- 6786, [email redacted]. I HEREBY CANCEL THIS TRANSACTION. CUSTOMER SIGNATURE: ___________________ DATE: __________________
Sunrun Installation Services Inc. | 225 Bush Street, Suite 1400, San Francisco, CA 94104 | 888.GO.SOLAR | License No. 294836 Contract Version: 2020Q1V1 Generation Date: 4/23/2021 Proposal ID: PK3F3CVFV36D-D Version 2020Q1V1 26 DocuSign Envelope ID: 007C2F91-087C-4DAC-8989-2616CD37F916
EXHIBIT D Payment Forms
As a Sunrun customer, you agree to pay your monthly bill with recurring automatic electronic payments. If you choose not to select the automatic payment option, then you will lose the discount set forth in Section B and Exhibit A, and you will be required to pay your monthly Sunrun bill by check drawn on a US bank account or by money order. You will receive all invoices via email unless you contact Sunrun directly by phone at 855-478-6786 or by email at [email redacted] to request invoices be sent through the US mail.
Sunrun Installation Services Inc. | 225 Bush Street, Suite 1400, San Francisco, CA 94104 | 888.GO.SOLAR | License No. 294836 Contract Version: 2020Q1V1 Generation Date: 4/23/2021 Proposal ID: PK3F3CVFV36D-D Version 2020Q1V1 27 DocuSign Envelope ID: 007C2F91-087C-4DAC-8989-2616CD37F916
ACH Deposit Form
BY ACCEPTING THE TERMS AND CONDITIONS FOR RECURRING PAYMENTS BELOW AND CONDITIONS AND ENROLLING IN THE AUTOMATIC ELECTRONIC PAYMENT OPTION, YOU ARE AUTHORIZING SUNRUN TO AUTOMATICALLY DEDUCT YOUR MONTHLY INVOICE AMOUNT FROM THE BANK ACCOUNT YOU HAVE DESIGNATED. SUNRUN WILL ADVISE YOU BY MONTHLY INVOICE OF THE AMOUNT AND DATE OF THE PAYMENT THAT WILL BE AUTOMATICALLY DEBITED. 1. Sunrun will provide you with a monthly electronic statement of your account. You agree to review each invoice you receive for any errors. Under federal law, you have the right to hold up or stop an electronic funds transfer provided you give your financial institution notice of at least three business days before the scheduled transfer date. If you inform Sunrun that an error exists on your statement, Sunrun will attempt to correct that error prior to your next statement to the extent permitted by law. Sunrun shall bear no liability or responsibility for any losses of any kind that you may incur as a result of an erroneous statement or due to any delay in the actual date on which your account is debited. 2. If any changes occur in the information on your application, you must immediately notify Sunrun in writing of such changes. If Sunrun incurs charge-back fees as a result of inaccurate information you provide, then Sunrun shall bill you for those fees. 3. If you either do not notify Sunrun in writing of such changes or do so in an untimely fashion, Sunrun shall bear no liability or responsibility for any losses incurred to the extent permitted by law. Sunrun's sole liability to you shall be Sunrun's obligation to make any appropriate changes once in receipt of your written notification. The actual settlement date (or date the ACH transaction occurs against your checking or savings account or is charged to your check) will be no earlier than three (3) days before the invoice due date. 4. You agree to ensure that there are sufficient funds in your designated account on the settlement date to pay the amount of the debit. If Sunrun incurs charge-back fees as a result of insufficient funds in your designated account, then Sunrun shall bill you for those fees. 5. Sunrun reserves the right to change these conditions at any time. Notice may be given on or with your bill or by other methods. Either Party may terminate this arrangement at any time by giving the other Party written notice reasonably in advance of the date of termination or any scheduled settlement date. You may also terminate this arrangement by calling Sunrun Customer Care at 1-855-478-6786 or by changing your billing preference in the Sunrun Customer Portal. Termination shall not prevent a debit transaction authorized before any notice of termination and does not terminate the Agreement or your obligation to make payments as required by the Agreement. 6. You agree to be bound by any rules your financial institution requires for pre-authorized electronic funds transfer. You are responsible for any fees your financial institution may charge for these electronic payments. 7. Check with your financial institution to see if there are any fees associated with the pre-authorized payment option. You will be responsible for all such fees. 8. You represent to Sunrun that all persons whose signatures are required to withdraw funds from the above referenced account have executed this ACH Deposit Form. By my signature below, I authorize automatic electronic payments and accept these Terms and Conditions and acknowledge that I will receive a separate electronic request to securely enter my bank account information. Primary Account Holder Secondary Account Holder (Optional) \s1\____________________________________ \s2\_______________________________ Signature Claudia Marie Cook Signature \d1\____________________________________ 4/28/2021 \n2\_______________________________ Jennifer Cline Date Print Name
Sunrun Installation Services Inc. | 225 Bush Street, Suite 1400, San Francisco, CA 94104 | 888.GO.SOLAR | License No. 294836 Contract Version: 2020Q1V1 Generation Date: 4/23/2021 Proposal ID: PK3F3CVFV36D-D Version 2020Q1V1 28 DocuSign Envelope ID: 007C2F91-087C-4DAC-8989-2616CD37F916
Check/Money Order Deposit Form
Sunrun customers paying Deposits or Monthly Lease Payments by check or money order must (i) enclose this document with each payment and (ii) include your Sunrun Customer ID number in the memo line of your check. Please send payments to: Sunrun Inc. P.O. Box 511612 Los Angeles, CA 90051-8167 Customer Name: _____________________________________ Customer/Proposal ID #: _____________________________________ _____________________________________ Customer Address: _____________________________________ _____________________________________ Amount Enclosed: $____________________________________ Description of Payment: O Deposit O Initial Payment O Monthly Lease Payment O January O February O March O April O May O June O July O August O September O October O November O December Date: _____________________________________ Notes: ________________________________________________________________________ For Accounting Purposes Only Account Coding: ____________________________________ Fund: ____________________________________
Sunrun Installation Services Inc. | 225 Bush Street, Suite 1400, San Francisco, CA 94104 | 888.GO.SOLAR | License No. 294836 Contract Version: 2020Q1V1 Generation Date: 4/23/2021 Proposal ID: PK3F3CVFV36D-D Version 2020Q1V1 29 DocuSign Envelope ID: 007C2F91-087C-4DAC-8989-2616CD37F916
EXHIBIT E Data Usage and Disclosure
This Exhibit E describes the circumstances in which and purposes for which we may use or disclose Data.
a. Data Usage: We may use Data for the following purposes (in each case to the extent permitted by law): (1) to operate, maintain, provide, and enhance the Solar System; (2) for our internal purposes, including, without limitation, research and development, improvement of our product and service offerings, and creation of new product and service offerings; (3) to customize content and communications we may provide to you; and (4) for other purposes so long as the Data does not contain personally identifiable information (including where Data has been deidentified).
b. Data Disclosure. We will not disclose any Data other than in the following circumstances: (1) where the Data does not contain personally identifiable information (including where Data has been deidentified); (2) in order to provide our products or services to You (including working with third-party service providers who may assist us in collecting, hosting, maintaining, analyzing or otherwise processing Data for us); (3) if required to do so by any law or regulation or in the good-faith belief that such action is necessary to comply with any law or regulation, in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies; (4) if we believe, in good faith, disclosure is appropriate or necessary to (A) take precautions against liability, (B) protect us or others from fraudulent, abusive, or unlawful uses or activity, (C) investigate or defend against any third-party claims or allegations, (D) protect the security or integrity of our services and any facilities or equipment used to make our service available, or (E) protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights, property, or safety of others; (5) to our assignees, affiliates, actual or prospective lenders, financing parties, investors, insurers, and acquirers; (6) disclosure to contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them; and (7) for any purpose for which you have provided your express consent. Your initials indicate that you have read, understood and accepted the provisions set forth in this Exhibit E. Agreed and accepted by: \i1\_______ (Initials)
Sunrun Installation Services Inc. | 225 Bush Street, Suite 1400, San Francisco, CA 94104 | 888.GO.SOLAR | License No. 294836 Contract Version: 2020Q1V1 Generation Date: 4/23/2021 Proposal ID: PK3F3CVFV36D-D Version 2020Q1V1 30 DocuSign Envelope ID: 007C2F91-087C-4DAC-8989-2616CD37F916
EXHIBIT F Federal Consumer Leasing Act Disclosure (Pursuant to Code of Federal Regulations, Regulation M, 61 FR 52258 (Part 213), as amended) Date: 4/23/2021 Lessor: Sunrun Installation Services Inc. Lessee(s): Claudia Marie Cook Monthly Lease Payment Schedule2†
Amount Due at Lease Monthly Lease Payments Other Charges Signing or Delivery Deposit: $0 (the Year 1: 12 monthly payments of $270 If you do not pay by “Deposit”) Year 2: 12 monthly payments of $270 automatic withdrawal your Year 3: 12 monthly payments of $270 monthly bill will be $7.50 Delivery/installation fee: Year 4: 12 monthly payments of $270 greater. $0 Year 5: 12 monthly payments of $270 (the “Balance Year 6: 12 monthly payments of $270 Payment”) Year 7: 12 monthly payments of $270 Year 8: 12 monthly payments of $270 Total: $0 Year 9: 12 monthly payments of $270 Year 10: 12 monthly payments of $270 Year 11: 12 monthly payments of $270 Year 12: 12 monthly payments of $270 Year 13: 12 monthly payments of $270 Year 14: 12 monthly payments of $270 Year 15: 12 monthly payments of $270 Year 16: 12 monthly payments of $270 Year 17: 12 monthly payments of $270 Year 18: 12 monthly payments of $270 Year 19: 12 monthly payments of $270 Year 20: 12 monthly payments of $270 Year 21: 12 monthly payments of $270 Year 22: 12 monthly payments of $270 Year 23: 12 monthly payments of $270 Year 24: 12 monthly payments of $270 Year 25: 12 monthly payments of $270 Total Monthly Lease Payments excluding tax = $81,000.00 Estimated average monthly tax payments = $0.00
Total Payments. The amount you will have paid by the end of the Initial Term of the Agreement is $81,000.00. Purchase Option at End of Agreement Initial Term. At the end of the Initial Term you will have the option to purchase the Solar System for the fair market value (FMV). The FMV price does not include applicable taxes which may be charged on the purchase. Sunrun will determine the FMV of the Solar System by hiring an independent appraiser to estimate the value of a comparable in-service photovoltaic solar system in your state and Utility service area. This valuation will take into account the Solar System’s age, location, size and other market characteristics such as equipment type, service costs, the value of electricity in your area, and any applicable Incentives. Other Important Terms. Review your Agreement for additional information on early termination, purchase options and maintenance responsibilities, warranties, late and default charges, insurance, and any security interest, if applicable. --------------------------------------------------------------------------------------------------------------------------------
† The Initial Payment and Monthly Lease Payment amounts may change should the final Solar System design be smaller than the preliminary Solar System design. See Section E of the Agreement. Sunrun Installation Services Inc. | 225 Bush Street, Suite 1400, San Francisco, CA 94104 | 888.GO.SOLAR | License No. 294836 Contract Version: 2020Q1V1 Generation Date: 4/23/2021 Proposal ID: PK3F3CVFV36D-D Version 2020Q1V1 31 DocuSign Envelope ID: 007C2F91-087C-4DAC-8989-2616CD37F916
Official Fees and Taxes. The total amount of estimated official fees and taxes you will have paid by the end of the Initial Term of the Agreement (whether included with your monthly payments or assessed otherwise) is $0.00. Billing Cycle and Due Dates. Your billing cycles run on a monthly basis. Your first billing cycle will begin on the date the Solar System is placed in service by your Utility (the “In-Service Date”). Subsequent billing cycles will begin on the same date each month (the “Billing Cycle Day”). Each month, Sunrun will prepare a written or electronic invoice specifying the payment due from you to Sunrun for the preceding billing cycle. You will receive this invoice within ten (10) days following the conclusion of the preceding billing cycle and your payment for the preceding billing cycle will be due the day before the next Billing Cycle Day.
Sunrun Installation Services Inc. | 225 Bush Street, Suite 1400, San Francisco, CA 94104 | 888.GO.SOLAR | License No. 294836 Contract Version: 2020Q1V1 Generation Date: 4/23/2021 Proposal ID: PK3F3CVFV36D-D Version 2020Q1V1 32 DocuSign Envelope ID: 007C2F91-087C-4DAC-8989-2616CD37F916
EXHIBIT G System Specifications
As set forth in Section E of the Agreement, the primary equipment used for the Solar System will typically include a series of interconnected photovoltaic panels, an inverter, racking materials, and a production meter. Other materials generally used as “balance of system” are disconnects, breakers, load centers, wires, and conduit. Estimated solar system size: 18.36 kW DC Your preliminary Solar System design references the following equipment: Photovoltaic Manufacturer Model Number Quantity Array 1.0 JA Solar JAM60S10-340/MR 3 Array 2.0 JA Solar JAM60S10-340/MR 10 Array 3.0 JA Solar JAM60S10-340/MR 5 Array 4.0 JA Solar JAM60S10-340/MR 5 Array 5.0 JA Solar JAM60S10-340/MR 10 Array 6.0 JA Solar JAM60S10-340/MR 21 Inverter Manufacturer Model Number Quantity Array 1.0 Enphase Energy IQ7PLUS-72-x-US 3 Array 2.0 Enphase Energy IQ7PLUS-72-x-US 10 Array 3.0 Enphase Energy IQ7PLUS-72-x-US 5 Array 4.0 Enphase Energy IQ7PLUS-72-x-US 5 Array 5.0 Enphase Energy IQ7PLUS-72-x-US 10 Array 6.0 Enphase Energy IQ7PLUS-72-x-US 21 Your initials indicate that you have read and understand EXHIBIT G
Agreed and accepted by: \i1\_______ (Initials)
Sunrun Installation Services Inc. | 225 Bush Street, Suite 1400, San Francisco, CA 94104 | 888.GO.SOLAR | License No. 294836 Contract Version: 2020Q1V1 Generation Date: 4/23/2021 Proposal ID: PK3F3CVFV36D-D Version 2020Q1V1 33 DocuSign Envelope ID: 007C2F91-087C-4DAC-8989-2616CD37F916
PLEASE DO NOT SUBMIT IF ANNUAL PRODUCTION IS LESS THAN OR EQUAL TO HISTORICAL ANNUAL ELECTRICITY CONSUMPTION EXPECTED SYSTEM GENERATION DISCLOSURE Production from this Solar Facility may exceed your historical consumption of 28,390 kilowatt-hours per year in order to accommodate an anticipated increase in your electrical service needs for the reason provided below. As such, Sunrun expects the Solar System to produce more energy than you have consumed in the previous 12 months. By initialing below, you acknowledge there may be power generated by the Solar System for which you receive no value from the utility if your consumption does not increase for the reason provided below and your utility does not provide you net metering credits for production beyond your historical consumption. You also acknowledge that you are responsible for purchasing the estimated production of this Solar Facility for the term of the contract regardless of your actual future consumption.
Please write below the reason that you would like to oversize your system (e.g., buying an electric vehicle, moving full-time into a vacation home, etc.).
Sunrun reserves the right to rejectf any customer agreement for an oversized system based on several factors, including this reason, credit or other concerns. I voluntarily ask Sunrun to oversize my system, and I understand that this request may impact how much I save based on my current electric bill, including the possibility that I may realize no savings. I specifically request that Sunrun size my system to offset 103% of my current electricity usage. Agreed and accepted by: \i1\_______ (Initials) Reason for oversizing system:\txtlong1\ To offset 103% of my current electricity usage. \txtlong\
Sunrun Installation Services Inc. | 225 Bush Street, Suite 1400, San Francisco, CA 94104 | 888.GO.SOLAR | License No. 294836 Contract Version: 2020Q1V1 Generation Date: 4/23/2021 Proposal ID: PK3F3CVFV36D-D Version 2020Q1V1 34 DocuSign Envelope ID: 007C2F91-087C-4DAC-8989-2616CD37F916
SEIA® SOLAR LEASE DISCLOSURE This disclosure is designed to help you understand the terms and costs of your lease of a solar electric system (“System”). It is not a substitute for the lease (“Lease”) and other documents associated with this transaction. All information presented below is subject to the terms of your Lease. Read all documents carefully so you fully understand the transaction. For more information on being a smart solar consumer visit www.seia.org/consumers.
LESSOR: Sunrun INSTALLER: Sunrun Installation Services Inc. WARRANTY/MAINTENANCE Installation Services PROVIDER: Inc. (If Different from Installer or Address: 225 Bush St., Ste 1400 Provider): San Francisco, CA 94104 Address: 225 Bush St., Tel.: 888.GO.SOLAR Address: Ste 1400 State/County Contractor License #: License No. 294836 San Francisco, CA Tel.: 94104 Email: [email redacted] License # (If applicable) Tel.: 888.GO.SOLAR Email: License # (if applicable): License No. 294836 Email: [email protected] om LESSEE: Claudia Marie Cook Customer ID: PK3F3CVFV36D-D System Installation Address: 7977 W Robin Ln, Peoria, AZ, 85383 Lessee Mailing Address: 7977 W Robin Ln, Peoria, AZ, 85383 Email: [email redacted]
* NOTE: YOU ARE ENTERING INTO AN AGREEMENT TO LEASE A SOLAR ELECTRICITY GENERATING SYSTEM. YOU WILL LEASE (NOT OWN) THE SYSTEM INSTALLED ON YOUR PROPERTY. Amount & Amount Due Term (A) Total Estimated Lease Payments (C) Other Possible Charges (D) Up-Front (B) Your Amount you owe at Lease Total of all your monthly payments and Other charges you may have monthly signing: estimated taxes over the course of to pay under your Lease: payment Lease: during the $0 Late Charge: first year $81,000.00 [ ] If a payment is more than of the Amount you owe at the _____ days late, you will be Lease: commencement of Your estimated total Lease payments charged $___________ OR installation: over the initial term of the Lease [X] Late payments accrue excluding taxes are interest at 1.5% monthly not to $270.00 $0 exceed the maximum $81,000.00 allowable by law The initial Amount you owe at the term of completion of installation: Your estimated total tax payments over Estimated System Removal Lease: the initial term of the Lease are $0 based Fee: $0 on estimated average monthly tax [X]25 $0 payment of UCC Notice Removal and Re- Years filing Fee: [ ] ___ If you refinance your Total up-front payments: $0.00 mortgage, you may have to Months pay $0 you owe Incentives Included in Your Estimated Lease Payments: Returned Checks: See Box $0 [X]None If any check or withdrawal G, “Lease right is returned or refused by Payment your bank, you may be Escalator”, charged: $25 (or a lower for factors amount if required by law) that may affect the Non-Connection to Internet: amount of If you do not maintain a high- future speed internet connection, you Sunrun Installation Services Inc. | 225 Bush Street, Suite 1400, San Francisco, CA 94104 | 888.GO.SOLAR | License No. 294836 Contract Version: 2020Q1V1 Generation Date: 4/23/2021 Proposal ID: PK3F3CVFV36D-D Version 2020Q1V1 35 DocuSign Envelope ID: 007C2F91-087C-4DAC-8989-2616CD37F916
monthly will be charged a monthly fee payments. of $0 and/or your monthly payments may be based upon estimates. Non-connection may affect any guarantee. See Box N. Automatic Bank Withdrawals (ACH): [$____ per month fee for not paying your Lease using automatic bank withdrawals] OR [$7.50 per month discount if you pay your Lease using automatic bank withdrawals. This value is already included in the terms on this SEIA Solar Lease disclosure form]
Other: You may be charged $_____ for _______________ Number of Lease Payments (E) When Payments Are Due (F) Lease Payment Escalator (G) The first payment on your Lease is due Your Lease [ ] HAS [X] Number of Lease payments: 300 on the DOES NOT HAVE a _____ day of the first calendar month payment escalator. after your System is connected. If your PPA HAS a payment You will receive: escalator: Your Lease payment will [X] Electronic Invoices increase: (sent to your email address above) [X] Annually [ ] Paper Invoices (sent to your U.S. mail address above) ________________ [ ] Other Your Lease payment will increase by the following amount 0% The first Lease payment increase will occur in one year , 04/23/2022 or with your 13th payment, whichever comes later.
Site & Design Assumptions for your Leased System (H) • Estimated size of the System in kilowatts: 18.36 (kWdc) • Estimated gross annual electricity production in kilowatt-hours (kWh) from your leased System in the first year the contract: 29236 • Estimated annual System production decrease due to natural aging of the System: 0.50 % • System location on your property: Roof • System [X] WILL [ ] WILL NOT be connected to the electric grid • At the time of installation, your local utility [X] DOES [ ] DOES NOT credit you for excess energy your System generates. The rules applying to such credit are set by your jurisdiction. Security Filings (I) Lessor [ ] WILL [X] WILL NOT place a lien on your home as part of entering the Lease. Lessor [X] WILL [ ] WILL NOT file a fixture filing or a UCC-1 on the System. The UCC-1 is a public filing providing notice that Lessor owns the System, but is not a lien.
Sunrun Installation Services Inc. | 225 Bush Street, Suite 1400, San Francisco, CA 94104 | 888.GO.SOLAR | License No. 294836 Contract Version: 2020Q1V1 Generation Date: 4/23/2021 Proposal ID: PK3F3CVFV36D-D Version 2020Q1V1 36 DocuSign Envelope ID: 007C2F91-087C-4DAC-8989-2616CD37F916
System Maintenance & Repairs (J) “System maintenance” refers to the upkeep and services required or recommended to keep your System in proper operation. System maintenance [X] IS [ ] IS NOT included for 25 years by Installer (e.g., Installer, Maintenance Provider). “System repairs” refers to actions needed to fix your System if it is malfunctioning. System repairs [X] ARE [ ] ARE NOT provided by the Installer (e.g. Installer, Other).
Please review your Lease for additional information about any warranties on the System installation and equipment. Certain exclusions may apply. Note that equipment warranties for hardware are not required to include labor/workmanship.
Roof Warranty (K) Your roof [X] IS [ ] IS NOT warranted against leaks from the System installation for 10 years by Installer (e.g. Provider, Installer, Other). Your roof [ ] IS [X] IS NOT warranted against leaks caused by removal of the System for a period of _______ years following System removal. Any portions of your roof impacted by the System [X] WILL [ ] WILL NOT be substantially returned to their original condition upon the removal of the System (ordinary wear and tear excepted). Transferring Your Lease and Selling Your Home (L) If you sell your home, you [X] MAY [ ] MAY NOT transfer the Lease to the purchaser(s) of your home. If you may transfer the Lease , the transfer will be subject to the following conditions: [X] Credit check on the purchaser(s) [ ] Minimum FICO score requirement: ____________ [ ] Transfer fee of $ ____________ [X] Assumption of Lease , by purchaser(s) [ ] Other ______________________________________________________________________
If you sell your home, you [ ] ARE [X] ARE NOT permitted to move the System to a new home. You may also have the options to purchase the System or prepay some or all of the Lease balance as part of or prior to a transfer. Transfer of Obligations by Lessor (M) The Lease may be assigned, sold or transferred by Lessor without your consent to a third-party that will be bound to all the terms of the Lease. If such a transfer occurs, you will be notified if this will change the address or phone number to use for Lease questions, payments, maintenance or service requests. System Guarantee (N) In terms of your full System, Lessor is providing you with a: [X] System performance or electricity production guarantee [ ] Other type of System guarantee [ ] No System guarantee
You may have additional guarantees or warranties in addition to those that cover the entire System. Utility and Electricity Usage/Savings Assumptions (O) You [X] HAVE [ ] HAVE NOT been provided with a savings estimate (“Estimate”) based on your Lease.
If you HAVE been provided with an Estimate, Lessor provides the following: Lessor [ ] IS [X] IS NOT guaranteeing these savings. Lessor [X] IS [ ] IS NOT using savings calculations that conform to the SEIA Solar Business Code. See Box R or www.seia.org/code. Your Estimate was calculated based on: [ ] Your estimated prior electricity use [X] Your actual prior electricity use [ ] Your estimated future electricity use [X] Any escalator in your monthly Lease price Your Estimate assumes the following: [X] Years of electricity production from the System: 25 [X] A current estimated utility electricity rate of $0.141 [cost per kilowatt-hour] during the first Lease year with estimated increases of %3-%5.5 percent annually. Lessor based this estimate on the following source(s): US Energy Information Administration historical data and projections, utility filings, and other analysis on long-term factors impacting future utility rates. [X] Your utility will continue to credit you for excess energy your System generates at [X] ESTIMATED FUTURE [ ] CURRENT utility electricity rates Sunrun Installation Services Inc. | 225 Bush Street, Suite 1400, San Francisco, CA 94104 | 888.GO.SOLAR | License No. 294836 Contract Version: 2020Q1V1 Generation Date: 4/23/2021 Proposal ID: PK3F3CVFV36D-D Version 2020Q1V1 37 DocuSign Envelope ID: 007C2F91-087C-4DAC-8989-2616CD37F916
NOTE: It is important to understand that utility rates may go up or down and actual savings may vary. Historical data are not necessarily representative of future results. For further information regarding rates, you may contact your local utility or the public regulation commission. Tax and other state and federal incentives are subject to change or termination by executive, legislative or regulatory action, which may impact savings estimates. Please read your Lease carefully for more details. Renewable Energy Certificates (RECs) (P) Any renewable energy certificates or credits (RECs) from producing renewable solar energy with the System [X] WILL [ ] WILL NOT be assigned to the Lessor. If Lessor is assigned the RECs, you will not own the RECs to sell, use or claim them, and Lessormay sell the RECs to a third party.
Cooling Off Period/ Right to Cancel (Q) In addition to any rights you have under state or local law, you [X] HAVE [ ] DO NOT HAVE the right to terminate this Lease without penalty within 10 4/28/2021 [no less than three] business days of \d1\ by notifying Provider in writing at the above address. SEIA Solar Business Code (R) Installer and Lessor [X] DO [ ] DO NOT abide by and agree to be bound by the SEIA Solar Business Code ( www.seia.org/code) and its complaint resolution process. For more information about the SEIA Solar Business Code and complaint resolution process, please visit www.seia.org/consumers or email SEIA at [email redacted]. Additional Disclosures or Terms (S)
This form was automatically generated by Sunrun on 4/23/2021
Sunrun Installation Services Inc. | 225 Bush Street, Suite 1400, San Francisco, CA 94104 | 888.GO.SOLAR | License No. 294836 Contract Version: 2020Q1V1 Generation Date: 4/23/2021 Proposal ID: PK3F3CVFV36D-D Version 2020Q1V1 38 DocuSign Envelope ID: 007C2F91-087C-4DAC-8989-2616CD37F916 My Custom Solar Design Prepared by Chad Lewis, 04/23/2021 My Information Claudia Marie Cook 7977 W Robin Ln Peoria, AZ 85383 System Annual Usage 28,397 kWh Estimated System Size 18.36 kWp Estimated Energy Offset 103% Modules (54) JA Solar, JAM60S10-340/MR Inverters 54 x Enphase Energy IQ7PLUS-72-x-US
Approval I have reviewed My Custom Solar Design and approve of the placement of solar panels identified above. I understand that the actual number of panels and their precise placement may vary based on engineering, installation, and solar energy production considerations, including roof type, shade, and other factors.
\s1\ \d1\ 4/28/2021 Customer Signature Date Received 08/04/2023 ROC Legal
REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA Jennifer Lynn Cline, ) Case No. 2023-05326 ) Complainant, ) ) v. ) WRITTEN ANSWER TO ) CITATION AND COMPLAINT Sunrun Installation Services, Inc., ) License Nos. ROC 294836, 325964, 326793, ) 339306 ) ) Respondent. ) ) Respondent Sunrun Installation Services, Inc. hereby responds to the Citation issued by
the Registrar and the underlying Complaint filed by Complainant Jennifer Lynn Cline by requesting that a hearing be set. Respondent further requests that, following that hearing, Complainant’s Complaint and the Citation be dismissed. In her Complaint, which has been filed due to alleged “abandonment” and “poor work”
on the part of Respondent, Complainant alleges that the installation of solar panels on her roof resulted in missing, broken or improperly colored replacement roof tiles, a leaking roof, and interior drywall damage. The Complaint is undated, but appears to have been lodged sometime before June 13, 2023, which is the date that Investigator Daniel Edwards issued his Written Directive. (See Directive attached hereto as Exhibit A.) After inspecting Complainant’s residence, and considering her Complaint, Investigator
Edwards made the following findings. First, he stated that he was unable to verify that any tiles were missing due to the solar
panel installation work performed by Respondent. Given that fact, he specifically instructed Respondent not to take any action on that issue.
{00579065.1 } Received 08/04/2023 ROC Legal
Second, he stated that he was unable to verify that any roof leaks or moisture were due to the solar panel installation work performed by Respondent. Indeed, he specifically found evidence of multiple areas where the perimeter of the garage roof was degrading with large fissures and cracks due to deficiencies in roofing materials and sheet metal flashings – indicating pre-existing roofing issues having nothing to do with Respondent’s work. He concluded that there was no evidence that the roof leaks or moisture were caused by Respondent’s work and he instructed Respondent not to take any action on that issue. Third, he stated that he was unable to verify that the alleged interior drywall damage was due to the solar panel installation work performed by Respondent. He cited the same reasons as set forth above – that the drywall damage was likely due to the failure of pre-existing roof materials. Once again, he instructed Respondent not to take any action. Investigator Edwards did observe that “several roof tiles” near the solar equipment were broken. He directed Respondent to correct those broken tiles by appropriate means – if they were broken during the solar installation. Investigator Edwards also observed that some tiles had been replaced with dark red tiles that did not match the surrounding tiles, and he requested that Respondent replace those dark red tiles by appropriate means. The Broken Roof Tiles Respondent acknowledges, based upon photographs that it was provided of Complainant’s roof, that some roof tiles near the solar equipment on the roof were broken and needed to be replaced. Respondent instructed its third-party contractor (Harmon Electric) to do so. On June 2, 2023, Harmon Electric went to Complainant’s home to inspect the roof tiles. On June 14, 2023, Harmon Electric returned to Complainant’s home and replaced the broken tiles. Complainant was not charged for that repair work. In short, this complaint was resolved on June 14, 2023, one day after Investigator Edwards issued his Written Directive.
{00579065.1 } -2- Received 08/04/2023 ROC Legal
The Dark Red Roof Tiles Respondent also acknowledges, based upon photographs that it was provided of Complainant’s roof, that some of the roof tiles that its contractor used to replace tiles on Complainant’s roof are a different color than the existing tiles. Respondent instructed Harmon Electric to return to Complainant’s residence to replace the dark red tiles with tiles of a color that approximately matches the existing roof tile color. On July 31, 2023, Harmon Electric returned to Complainant’s residence to inspect and take photographs of the roof tiles. Respondent and Harmon Electric are currently working with AZ Roofing to try to locate roof tiles that will match the color of the pre-existing roof. Throughout this process, communications with Complainant have reportedly been very difficult. Respondent’s Escalation Expert Anthony Vasquez left voicemail messages on Complainant’s phone and sent emails to her in June, without response. Team member Crystal Martinez scheduled the contractor (Harmon Electric) to go out to the home on June 14, 2023, one day after the Written Directive was issued by Investigator Edwards. Respondent’s Escalation Expert Jesus Lizarraga-Ponce sent an email to Complainant in June, and left voice messages with Complainant in June and July. According to Respondent’s Legal Escalation team, Complainant did not respond to any of those emails, voicemail messages, or phone calls. Respondent would like to resolve this final issue. However, it cannot simply enter upon Complainant’s property to replace the tiles without first arranging a time that is convenient for Complainant and Respondent’s contractor, and without securing Complainant’s agreement to the proposed replacement tile. Due to Complainant’s failure to return emails and calls, Respondent requires assistance in opening up a line of communication with Complainant, and Respondent has separately requested a settlement conference for purposes of doing so. Conclusion Respondent has not purposefully delayed the resolution of the two issues identified by Investigator Edwards. To the contrary: it repaired the first item within one day of receiving
{00579065.1 } -3- Received 08/04/2023 ROC Legal
the Written Directive, and it is attempting to locate appropriately colored roof tiles to resolve the second issue, and to find a time convenient for Complainant to do so. In sum, Respondent denies that it willfully violated A.R.S §32-1154(A)(3), R4-9- 108(a), or A.R.S §32-1154(A)(22). While there is no proof that roof tiles were broken when the solar panels were installed two years ago, Respondent resolved that problem. And to the extent that one of its contractors used roof tiles that did not match the color of the existing roof tiles when they replaced some of those tiles, it is endeavoring to resolve that problem. Respondent requests the opportunity to resolve this matter via settlement conference. If that is not successful, Respondent request a hearing so that it can more fully address Complainant’s claims. Respectfully submitted this 4th day of August 2023. COPPERSMITH BROCKELMAN PLC By /s/ John C. Kelly John C. Kelly
Attorneys for Sunrun Installation Services, Inc.
Copies mailed and emailed to: Legal Department Arizona Registrar of Contractors 1700 W. Washington Street, Suite 105 Phoenix AZ 85007-2812 Legal Department Arizona Registrar of Contractors P.O. Box 18244 Phoenix AZ 85005-8244 [email redacted] Jennifer Lynn Cline 7977 West Robin Lane Peoria, AZ 85383 [email redacted] Complainant /s/ Shelly L. Mondavi
{00579065.1 } -4- Received 08/04/2023 ROC Legal
EXHIBIT A Received 08/04/2023 ROC Legal Received 08/04/2023 ROC Legal Received 08/04/2023 ROC Legal Received 08/04/2023 ROC Legal Received 8/7/23, 8:17 AM 08/04/2023 State of Arizona Mail - Sunrun adv. Cline/Case No. 2023-05326 [CB-MAINDOCS.FID320418] ROC Legal
Answers - AZROC <[email redacted]>
Sunrun adv. Cline/Case No. 2023-05326 [CB-MAINDOCS.FID320418] message
Shelly Mondavi <[email redacted]> Fri, Aug 4, 2023 at 2:07 PM To: "[email redacted]" <[email redacted]>, "[email redacted]" <[email redacted]> Cc: John Kelly <[email redacted]>
All,
Please find attached the Written Answer to Citation and Complaint in the above-referenced matter. If you have any questions, please do not hesitate to contact our office.
Sincerely,
Shelly Mondavi
she/her pronouns
Legal Assistant to Michael Aguirre,
Andy Gordon, and John Kelly
Coppersmith Brockelman PLC
Office: 602.381.5473 | Fax: 602.224.6020
2800 N. Central Ave., Ste. 1900, Phoenix, AZ 85004
cblawyers.com | Facebook | LinkedIn
The information contained in this transmission may be legally privileged and confidential information provided only for the intended recipient. If you are not the intended recipient, any dissemination, distribution, or copying of this transmission is strictly prohibited. If you have received this message in error, please contact me by telephone immediately and return the original message to me, at the address above, via the United States Postal Service. You should check this email and any attachments for viruses; we can accept no liability for any damage caused by virus. Thank you.
2023-08-04 Answer - AZROC_Cline v. Sunrun.pdf 2846K
https://mail.google.com/mail/b/AAW1or_JHkVHcqT5EaWsWjSVVhUk5pk_PSa4voVRG0tkvygVv7z8/u/0/?ik=581c53cf5c&view=pt&search=all&permthi… 1/1 Mediation Notice
Mediation Services Mediation services are available to the parties. What is Mediation? Mediation is a method of resolving disputes where the parties can end conflict without the expense and time associated with the full administrative process. Who Participates in During mediation, a mediator will attempt to help the Mediation? parties find an optimal solution to the conflict. Both parties must agree to participate in mediation, and both parties must bring a representative to mediation that has full authority to settle the entire matter. Mediation Is Not Neither the Registrar nor the Office of Administrative Mandatory Hearings will penalize a party for not agreeing to mediation. Where do the Parties The parties will meet at the Office of Administrative Meet for Mediation? Hearings to participate in mediation.
The Office of Administrative Hearings is located at 1400 West Washington, Suite 101, Phoenix, Arizona 85007. When does Mediation can occur after the Registrar issues a citation, but Mediation Occur? before the administrative hearing. Why Should Parties Mediation can be an alternative to the full administrative Consider Mediation? process. Mediation is beneficial because it is (1) time- efficient, (2) cost-effective, (3) confidential, and (4) capable of providing flexible solutions to complex problems. How to Request If the parties wish to mediate this case, they must file a Joint Mediation Request for Mediation with the Office of Administrative Hearings. A Joint Request for Mediation is included with this Mediation Notice. REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA _________________________ Case No. _______________ COMPLAINANT,
v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.
REQUEST
The parties jointly request that this matter be referred to mediation in the Office of Administrative Hearings (OAH). ☐ This matter is set for hearing on __________________(date). ☐ This matter is not currently set for hearing. MEDIATION AGREEMENT By requesting this mediation and signing below, the parties understand, represent, and agree: 1. The parties are prepared to commence mediation and will be ready for mediation on _____________________(date); 2. The parties will participate in the mediation process in good faith; 3. This request for mediation is not intended to hinder or delay administrative proceedings; 4. No party will contend that the mediation limits the power of OAH and its administrative law judges to conduct an administrative hearing and issue decisions under A.R.S. §§ 41-1092 – 1092.12; 5. The parties will be courteous and respectful throughout the mediation process to all participants; 6. The mediation is completely voluntary and the principal purpose is to allow the parties a full and fair opportunity to discuss settlement; of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 7. The mediator may conduct joint and separate meetings with the parties and may suggest resolutions to the parties’ dispute, but the mediator has no authority to impose a settlement upon the parties; 8. The mediation process is confidential. Communications made, material created for or used during, and acts occurring during mediation are confidential and may not be discovered or admitted into evidence in any proceeding except as provided by A.R.S. § 12-2238; 9. The mediator is not subject to service of process or a subpoena to produce evidence or to testify regarding any evidence or occurrence relating to the mediation except as provided in A.R.S. § 12-2238(C); 10. Neither the mediator, nor the Registrar of Contractors, nor the Office of Administrative Hearings is subject to civil liability for any act or omission in connection with any mediation service or activity except for acts involving
intentional misconduct or reckless disregard of a substantial risk of injury to the rights of others; 11. Throughout the mediation process, each party must have a representative present who will have full settlement authority to settle all claims at issue in the administrative
proceeding. 12. The mediation process will terminate when: a. The parties reach settlement; b. The mediator determines that further efforts at mediation are no longer likely
to achieve a settlement; or c. One of the parties withdraws from mediation. _____________________________________ _______________________ Complainant (or representative) Date
_____________________________________ _______________________ Respondent (or representative) Date
of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 PREHEARING DISCLOSURE STATEMENT INSTRUCTIONS ***DO NOT SUBMIT THESE INSTRUCTIONS WITH THE PREHEARING DISCLOSURE FORM***
ADMINISTRATIVE RULES A copy of the Arizona Administrative Code’s Rules for the Registrar of Contractors can be located on the Registrar’s Website.
PREHEARING DISCLOSURE REQUIREMENT Under A.A.C. R4-9-118(A), before a hearing, the parties must prepare a disclosure statement. The disclosure statement must contain: • A list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony; and • A list of all the exhibits that the party will use at the hearing.
FILE PREHEARING DISCLOSURE STATEMENTS • The Prehearing Disclosure Statements and Exhibits may be submitted to the Arizona Office of Administrative Hearings using any of the following: • Electronically: https://portal.azoah.com/submission/ • In-Person or by Mail: 1740 West Adams Street, Lower Level, Phoenix, Arizona 85007
EXCHANGING DISCLOSURE STATEMENTS AND EXHIBITS Under A.A.C. R4-9-118(B) (effective November 5, 2017), a party to the hearing must serve on every other party and file with the Office of Administrative Hearings a copy of: • The disclosure statement; and, • Any exhibit that the party will use at the hearing. Service: The disclosure statement and exhibits must be served on all parties in accordance with Arizona Administrative Code R2-19-108 Filing Documents. Under A.A.C. R2-19-108, service is completed by: • Personal delivery; • 1st class, certified or express mail; or • Facsimile. Timing: The disclosure statement and the exhibits must be served and filed not less than seven calendar days before the date of the hearing. Under A.A.C. R2-19-108, a document is served on a party: • On the date it is personally served; • Five days after it is mailed by express or 1st class mail; • On the date of the return receipt if it is mailed by certified mail; or • On the date indicated on the facsimile transmission.
CONSEQUENCES FOR FAILING TO DISCLOSE Under A.A.C. R4-9-108(C), if a witness or an exhibit is not timely disclosed as required the rules, and good cause for the failure to disclose is not shown, then the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.
Form RC-L-800A Prehearing Disclosure Statement Rev. 10/08/2019 Instructions Form PREHEARING DISCLOSURE STATEMENT FORM RC-L-800A
PART 1: WITNESS LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony. If you need additional space to list all witnesses, complete and attach additional Witness Lists. Example 1. Name 2. Telephone Number 3. Email Address
John Doe (123) 456-7890 [email redacted] 4. Subject Matter of Expected Testimony
John Doe will testify regarding the poor workmanship and poor installation of the Garage Door. Mr. Doe will also testify regarding the invoices and change orders for the project.
Witness 1. Name 2. Telephone Number 3. Email Address
4. Subject Matter of Expected Testimony
Witness 1. Name 2. Telephone Number 3. Email Address
4. Subject Matter of Expected Testimony
Witness 1. Name 2. Telephone Number 3. Email Address
4. Subject Matter of Expected Testimony
Witness 1. Name 2. Telephone Number 3. Email Address
4. Subject Matter of Expected Testimony
Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 1 of 3 PART 2: EXHIBIT LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the exhibits that the party will use at the hearing. Note: All exhibits listed below must be provided to all parties to the hearing. See A.A.C. R4-9-118(B). If you need additional space to list all witnesses, complete and attach additional Exhibit Lists. Example Contract for new garage door. Invoice #10001 – Cost for garage door replacement.
Exhibit Exhibit Name
Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 2 of 3 PART 3: ACKNOWLEDGEMENT & SIGNATURE I certify that the above information is true and correct and that I will serve a copy of this disclosure statement and any exhibits listed in Part 2 to all parties to the hearing in accordance with A.A.C. R4-9-118. I acknowledge and understand that if I fail to properly disclose a witness or exhibit, the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.
I am the (check one): Complainant Respondent Docket No.
Print Name Signature Date
Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 3 of 3