2024A-07020-CHC-ROC Notice of Hearing & Packet MAILED 2024-07020.pdf

2024A-07020-CHC-ROC · Registrar of Contractors · 2024-08-27

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Charles J. Slack-Mendez, Esq. , Case No. 2024-07020

COMPLAINANT, Docket No. 2024A-07020-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Titan Solar Power AZ Inc. License Nos. ROC 334037, 340249

RESPONDENT.

This Notice of Hearing is issued under A.R.S. § 41-1092.05(D). HEARING INFORMATION The hearing is set for:

October 11, 2024 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 29, 2024. 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)(1)

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/forms/RC-L-800A%20- %20Prehearing%20Disclosure%20Statement%2020191007v4.pdf

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 27, 2024.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors

Copy mailed via USPS First Class mail August 27, 2024 to:

Respondent(s) Titan Solar Power AZ Inc. 2222 E Yeager Dr. Ste. 100 Chandler, AZ 85286

Complainant(s) Charles J. Slack-Mendez, Esq. 2710 S Rural Rd Tempe, AZ 85282

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. 2024-07020 /

Douglas A. Ducey, Governor Jeffrey L. Fleetham, 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

Douglas A. Ducey, Governor Jeffrey L. Fleetham, 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

Douglas A. Ducey, Governor Jeffrey L. Fleetham, 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

Complainant: Charles Slack-Mendez 2710 S Rural Rd Tempe, AZ 85282

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 Respondent: Titan Solar Power AZ Inc DBA: 2222 E Yeager Dr Ste 100 Chandler, AZ 85286

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 July 8, 2024

Re: Complaint No. 2024-07020

Dear Complainant and Respondent:

A formal complaint has been filed with the Arizona Registrar of Contractors.

A jobsite inspection is scheduled for Wednesday, July 24, 2024 at 10:15 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 12/23 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,

Doug Barrett, Investigator (602) 771-6775 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

Cc: File Respondent Complainant

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 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 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 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 12/23 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 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 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 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.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 12/23 Jobsite Inspection Notes

Case No.: 2024-07020 Investigator: Doug Barrett Inspection Date: Wednesday, July 24, 2024 Inspection Time: 10:15 AM

Jobsite Address: 2710 South Rural Road Tempe, 85282

Complainant: Charles Slack- Respondent: Titan Solar Power AZ Mendez Inc Not Present: Not Present:

Jobsite General Notes: The complainant’s paralegal, Sonia Montigo, was present for the jobsite inspection but no one from the respondent was present. The respondent appears to have gone out of business and abandoned this project after receiving a deposit.

Complaint Item: 1 - Paid a deposit total of $12,523 and no work has been completed. Investigator’s Observation: Verified. I observed no work started and no product on site. The contract was signed on March 28, 2024 and has been abandoned by the respondent. Governing Rule: Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal. A.R.S. § 32-1154(A)(1)

Doug Barrett, Investigator (602) 771-6775 [email redacted] 1700 W Washington St, Suite 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

Complaint #2024-07020 P 1 JSI date 7/24/2024 at 10:15AM JSI PHOTOS Complaint #2024-07020 P 2 JSI date 7/24/2024 at 10:15AM JSI PHOTOS Complaint #2024-07020 P 3 JSI date 7/24/2024 at 10:15AM JSI PHOTOS Complaint #2024-07020 P 4 JSI date 7/24/2024 at 10:15AM JSI PHOTOS Complaint #2024-07020 P 5 JSI date 7/24/2024 at 10:15AM JSI PHOTOS Complaint #2024-07020 P 6 JSI date 7/24/2024 at 10:15AM JSI PHOTOS Complaint #2024-07020 P 7 JSI date 7/24/2024 at 10:15AM JSI PHOTOS REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Charles J. Slack-Mendez, Esq., Case No. 2024-07020 COMPLAINANT, v.

Titan Solar Power AZ Inc, CITATION License Nos. ROC 334037, 340249,

RESPONDENT.

The Registrar issues this Citation to Titan Solar Power AZ Inc (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by August 13, 2024, 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 June 19, 2024, Charles J. Slack-Mendez, Esq. (“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)(1) Abandonment of a contract or refusal to perform after submitting a bid on work without legal excuse for the abandonment or refusal.

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 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. 2024-07020. 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 Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than August 13, 2024. 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

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 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 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).

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 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. Dated July 29, 2024. 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 29, 2024 to: Respondent Certified Mail No: [number redacted] Titan Solar Power AZ Inc 2222 E Yeager Dr Ste 100 Chandler, AZ 85286

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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 Copy mailed by USPS First Class Mail this same date to: Respondent Titan Solar Power AZ Inc 2222 E Yeager Dr Ste 100 Chandler, AZ 85286 Complainant Charles J. Slack-Mendez, Esq. Slack-Mendez Law Firm 2710 S Rural Rd Tempe, AZ 85282

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. 2024-07020

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 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees Complaint Number: Mail to: Registrar of Contractors ______________________ P.O. Box 1824 Phoenix, AZ 85005-824

Person Filing Complaint Full Name (First Middle Last) Business Name (if a licensed contractor or supplier) ROC License Number(s) (if any) Charles Slack Slack-Mendez Law Firm City State Zip 2710 South Rural Road Tempe AZ 85282 Phone Number Email 602-790-2669 [email redacted] I consent to receive communications electronically in connection with this case Yes No 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) Titan Solar Power AZ 340249/334037 Street Address City State Zip 2222 E. Yeager Dr #100 Chander AZ 85286 Phone Number Email

Name of Person(s) Representing License

Contract/Project Information Contract Date Contract Amount Amount Paid 3/28/24 $24.046 $12,523 Date Work Started Date Work Stopped Date Work Was Completed 3/28/24 Unknown Never started installation Close of Escrow (New Home) Move-In Date (New-Home)

Jobsite Street Address City State Zip 2710 South Rural Road Tempe AZ 85282 Name of Construction Site Owner Construction Site Name (if applicable) Charles Slack-Mendez Law Office Building Phone Number of Construction Site Owner Email of Construction Site Owner

This complaint is for Abandonment Poor Work Other _____________ I have contacted the contractor by Phone Email Letter N/A Have you filed a complaint in court? Yes No N/A If yes, provide a copy of civil complaint Has any work been corrected? Yes No If yes, by whom? ______________________ The contract was Written Oral Both All change orders were Written Oral Both N/A This project was Commercial Residential On Tribal Land This project involved New Home Remodel Repair Solar panels Other ____________________ A building permit was obtained by Contractor Property Owner Building permit # ________________

RCC099 0 /1 Licensed Complaint Form For Current or Suspended Licensees

Contract/Project Information Continued List and briefly describe each complaint item ( ) (limited to 0 characters per line)

1. Hired them to instal solar and paid $12,523 and wor never done and they seem to closed their doors. 2.Paid $2,000 on 3/28/24, then paid an additional $10,523 for a total of $12,523. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 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

RCC099

DocuSign Envelope ID: DFE90A93-64FB-42C9-828D-8DF7AF9AE439

TITAN SOLAR POWER PURCHASE AGREEMENT

525 W Baseline Rd., Mesa, AZ 85210 www.titansolarpower.com 1.855.SAY.SOLAR ROC #334037 | ROC #340249 DocuSign Envelope ID: DFE90A93-64FB-42C9-828D-8DF7AF9AE439

ROC #334037 ROC #340249 525 W Baseline Rd. Mesa, AZ 85210 www.titansolarpower.com 1.855.SAY.SOLAR

PURCHASE & INSTALLATION AGREEMENT

Property Owner(s): Charles Slack-Mendez

Property Address: 2710 S Rural Rd Tempe AZ 85282

Phone Number: (602) 790-2669 Email: [email redacted]

Estimated First Estimated Annual Estimated Slope Year Production: 12274 Degradation: .75% of Array: 17, 15

Azimuth: 90, 270, 180 System Size (in watts): 7,560.00 Inverter Brand: SolarEdge

Panel Brand: Silfab Panel Model: SIL-420 QD

Panel Quantity: 18 Racking: Unirac

Additional Materials/Notes: Load Controller

PAYMENT AND PRICE

Sales Price/Watt: 3.18 Total System Cost: 24046

Estimated Value of Utility Incentive (if any) Payment Method: Cash x Loan:

FINANCE PAYMENT: Financier: N/A Term: N/A APR: N/A

CASH $2,000 DEPOSIT 2ND 3RD $1,000 FINAL PAYMENT: (If applicable) PAYMENT:10,523.00 PAYMENT: 10,523.00 PAYMENT

WARRANTY: Titan Solar Power AZ, Inc. warrants that all labor will be free from defects for a period of 25 years from the date of completion. Customer will be provided with the standard warrantees from major equipment manufacturers. See Section 6 of the attached Terms and Conditions for complete warranty information. TIMELINE FOR COMPLETION: Titan Solar Power AZ, Inc. shall not be liable for delays due to circumstances beyond its control. Any starting or completion dates provided by Titan Solar Power AZ, Inc. are at best estimates and subject to change. Project start dates are generally 5-7 business days from the date of Agreement signing.

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DEFINITIONS

(a) This Agreement incorporates by reference the Terms and Conditions set forth below.

(b) “Agreement” means this Purchase & Installation Agreement made and entered into by Titan Solar Power AZ, Inc. and Customer.

(c) “Cover Page” refers to the terms and items set forth on this Page 1 of the Agreement.“Price” is defined in the Payment and Price section above.

(d) “Price” is defined in the Payment and Price section above.

(e) “Property” means the real property owned by Customer and designated by property address above.

(f) “Effective Date” determines the date upon which this Agreement begins as outlined in the Terms and Conditions set forth below

(g) “Customer” means to the legal owner of the Property and signing authority for the Agreement.

(h) “Titan Solar Power AZ, Inc.” is referred to in the Agreement interchangeably as “TSP” or “Titan Solar Power”.

(i) “Product” and “System” are used interchangeably in the Agreement and refers to the Photovoltaic Solar System Titan Solar Power has been contracted to install.

(j) “Work” and “Installation” are used interchangeably in the Agreement and refers to the entire scope of work Titan Solar Power is to perform and as described in the Terms and Conditions set forth below.

(k) “Installation” broadly refers to the entire scope of Work which Titan Solar Power is responsible for under this Agreement.

(l) “Completed Installation” means the Product is fully installed and is ready for start-up and testing (m) “PTO” means Permission to Operate.

[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]

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TERMS AND CONDITIONS 3/28/2024 This Agreement is entered into effective ________ (“Effective Date”) by and between TSP, an Arizona corporation, Charles Slack-Mendez and __________________ (“Customer”). TSP and Customer will be known individually as “Party” or collectively as “Parties.” The Parties therefore agree to the following::

1. WORK.

1.1. SCOPE OF WORK: Titan Solar Power will provide Customer with the following: (a) Titan Solar Power will install the Product and its components as described on the Cover Page of this Agreement. (b) Titan Solar Power will ensure all Work is performed in a professional and workmanlike manner in full compliance with all building codes and other applicable laws. (c) Titan Solar Power shall at its own expense obtain and possess all necessary inspections, licenses, permits, and other things necessary and required for completion of the Work. (d) Titan Solar Power will exercise reasonable efforts to ensure the Work is performed on an uninterrupted basis. Titan Solar Power is not responsible for delays and/or malfunctions caused by hardware, network problems or third-party operating systems, or Customer error. (e) Titan Solar Power is not responsible for any representations regarding TSP’s scope of work made to Customer by third parties or independent contractors.

1.2. EXCLUSIONS: The obligations and restrictions of this Agreement do not apply to changes to the Work desired by Customer. If any changes to this Agreement are requested, Customer will bear the full cost(s) of said changes. Changes, alterations, and deviations include but are not limited to: (a) Upgrade of existing main service panels, sub-panels, or switchboards. (b) Replacement, repair, or upgrade of existing roof or supporting roof structure. (c) Tree removal, fencing, weed abatement, curbing, gravel, or landscaping. (d) Non-standard ground work (such as on difficult soil conditions). (e) Additional grading, rock/boulder removal, blasting, coring, soil testing, compaction for footings, and trenching. (f) Structural engineering calculations or analysis of existing structures. (g) Habitat studies, additional inspections, or fees of any type. (h) Additional permitting requirements by local building authorities or jurisdictions. (i) Additional exclusions described in the Additional Materials/Notes field on the Cover Page. (j) Any work, services or obligations not specifically mentioned or identified in the Scope of Work are expressly excluded. Any agreed changes to this Agreement shall be put in writing, signed by both Parties, and amended to this Agreement.

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1.3. PERFORMANCE: Titan Solar Power shall perform the Work in a professional and workmanlike manner and in strict accordance with the terms set forth in this Agreement. 1.3.1. DELAYS: Titan Solar Power shall not be liable for any delays beyond its control. Any starting or completion dates provided by Titan Solar Power are best estimates and subject to change. Titan Solar Power’s performance is based upon the prompt, complete, and accurate fulfillment of all Customer’s obligations. This is including but not limited to payment.

2. PROPERTY.

2.1. CONSENT AND RIGHT TO INSTALL: By signing this Agreement, Customer: (a) Gives Titan Solar Power approval to install the Product on the Property referenced in this Agreement. (b) Customer acknowledges and warrants they are the legal owner of the Property.

2.2. ACCESS: Customer shall afford Titan Solar Power direct access to the Property for the purposes of: (a) Surveying, designing, installing, constructing, testing, operating, maintaining, repairing, and replacing the Product and its components. (b) Making any additions to the Product or installing complementary components on or around the location of the Product. (c) Surveying, installing, testing, and maintaining any necessary electric lines, inverters, or meters to interconnect the Product to the Property’s electric system and/or to the utility’s electric distribution system. (d) Performing any other Agreement obligations of Titan Solar Power. (e) If this Agreement is to terminate or be cancelled by either Party, Customer understands and agrees Titan Solar Power shall maintain access rights for up to one hundred and eighty (180) days after termination or cancellation for all lawful purposes, including, but not limited to, recovery of the Product, the System, or any other tangible property of TSP at the Property.

2.3. SITE INSPECTION: Customer agrees to allow Titan Solar Power and any of its acting professionals (including site surveyors, engineers, architects, and/or licensed contractors/subcontractors) access to the Property prior to installation. This is to ensure the Property can accommodate the Product and its components. Titan Solar Power reserves the right to cancel this Agreement or postpone the Work if Property conditions are found insufficient for installation (full details provided in SECTION 5 CHANGED CONDITIONS).

2.4. REASONABLE NOTICE: Titan Solar Power shall provide Customer with reasonable notice of its need to access the Property. 2.4.1. NO INTERFERENCE: Customer shall ensure that Titan Solar Power maintains access rights during the entire term of this Agreement and/or pursuant to Section 2.2 above, without interference by Customer or any third parties. Customer understands and agrees that it is a breach of this Agreement to interfere with TSP’s access rights as set forth above.

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2.4.2. REMOVAL OF HAZARDOUS MATERIALS: Customer agrees to provide a safe and secure work environment at the Property during the term of this Agreement. This includes Customer’s responsibility for removal and related removal costs of any hazardous materials on the Property. Hazardous material includes but is not limited to: asbestos, PCBs, petroleum, or hazardous waste. Titan Solar Power may immediately cease any and all work if any hazardous materials are discovered on the Property. In the event of a cessation of Work in accordance with this Section, Titan Solar Power shall not be required to resume Work until Customer delivers written proof by required local building authority: (a) Specifying that such condition(s) and all affected area(s) have been rendered safe for the resumption of Work. (b) Specifying any special conditions under which the Work may resume safely. Any work stoppage due to Property unavailability does not relieve Titan Solar Power or the Customer their responsibilities under this Agreement.

2.5. DISCLOSURE OF HOMEOWNERS ASSOCIATION, CC&RS, AND COMMON AREAS: If the Property is part of a Homeowners Association (“HOA”) and/or subject to any Covenants, Codes, and Restrictions (“CCRs”), Customer understands and agrees they have an affirmative obligation to disclose same to TSP. In addition, this obligation includes Customer’s disclosure and/or identification of any HOA common areas which may impact or effect TSP’s ability to install the System. Customer’s failure to comply with this Section 2.5 is a breach of this Agreement.

3. PAYMENT.

3.1. PRICE: In consideration of performance of the Work, Customer shall pay to Titan Solar Power the Price defined on the Cover Page. The Price shall be paid in full upon Completed Installation of the Product.

3.2. FINANCE DEALS: Financed projects are subject to the payment schedule terms of Customer’s third-party finance company. Customer understands and agrees that Titan Solar Power is not a party to any third-party financing agreement entered into by Customer.

3.3. CASH DEALS. 3.3.1. INITIAL DEPOSIT: Upon the effective date, Customer shall pay to Titan Solar Power a $2,000 deposit, as referenced on the Cover Page. Titan Solar Power agrees to refund the full deposit amount if Customer chooses to cancel within three (3) business days following the Effective Date. Cancellations after the Effective Date may result in additional charges that Customer shall be responsible to pay. No work will commence until the $2,000 deposit is received. If neither Party cancels the Agreement, the deposit shall be applied to the contract price. These terms do not apply if the deposit on the Cover Page is zero ($0).

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3.3.2. MILESTONE PAYMENTS:

10,523.00 10,523.00

3.4. LATE FEES AND PENALTIES: Past due amounts shall accrue interest from the date due at an interest rate of 15% per annum.

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4. TIMELINE AND TITLE

4.1. Timeline: Titan will commence and complete the project within a commercially reasonable time.

4.2. Title of System: Prior to Completed Installation and delivery of Final Payment, Titan Solar Power shall maintain title to all of the Work and materials delivered to the Property. Upon Final Payment, all legal title(s) and full ownership of the Product shall pass to Customer.

5. CHANGED CONDITIONS

5.1. RIGHT TO TERMINATE. 5.1.1. FAILED SITE INSPECTION RESULT: If the Property fails the initial site survey, Titan Solar Power reserves the right to terminate, modify, or postpone this Agreement, and/or propose a new agreement. 5.1.2. NEW CONDITIONS: Titan Solar Power shall have the right to terminate, modify, or postpone this Agreement, and/or propose a new agreement in the event Titan Solar Power discovers any conditions that would depreciate Work quality, including but not limited to: (a) Unexpected environmental concerns. (b) Acts of God. (c) Events that require further permitting or involvement from local or state building authorities. 5.1.3. TITAN SOLAR POWER’S RIGHT TO TERMINATE: Prior to Completed Installation, Titan Solar Power shall have the right to terminate this Agreement in its sole discretion, and for any reason 5.1.4. CUSTOMER’S RIGHTS: Customer reserves the right to accept or reject: (a) any proposed modifications to this Agreement; or (b) any new agreement if Titan Solar Power elects to terminate this Agreement. In the event of modification or new agreement, all Work to be performed under this Agreement will cease until a modified or new agreement is in place. Customer understands and agrees that if an Agreement modification or new agreement is rejected, or the Agreement is terminated, Customer is liable for any costs expended by Titan Solar Power up to the date of rejection or termination.

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5.1.5. AGREEMENT TO PAY: Certain aspects of TSP’s execution of the Work have associated fees and or costs. Such items include but are not limited to sight survey, design, permitting, removal of System, and removal of System components. Customer acknowledges and agrees that upon termination or cancellation of this Agreement, Customer is responsible for payment of all fees and/or costs incurred by TSP prior to termination or cancellation. Payment of all fees and/or costs will be made by Customer to TSP within fourteen (14) business days of receipt of invoice for payment.

6. LIMITED WARRANTY.

6.1. MATERIALS AND WORKMANSHIP: Titan Solar Power warrants that all of the Work and the System will be free from material, construction, and workmanship defects for twenty-five (25) years following the Completed Installation (the “Limited Warranty”). Any claim under the Limited Warranty must be made before its expiration date. Customer will be provided with the standard warranties from major equipment manufacturers..

6.2. WARRANTY EXCLUSION. THE AFOREMENTIONED LIMITED WARRANTY SHALL EXCLUDE ALL PRODUCTS NOT MANUFACTURED BY TITAN SOLAR POWER. CUSTOMER WILL BE MADE PRIVY TO ANY EXISTING MANUFACTURER WARRANTIES. THIS INCLUDES ALL WARRANTIES PROVIDED BY THE MANUFACTURERS OF THE COMPONENTS, ACCESSORIES AND EQUIPMENT THAT TITAN SOLAR POWER INSTALLS. THESE ITEMS GENERALLY INCLUDE (BUT ARE NOT LIMITED TO): SOLAR PANELS, INVERTERS, AND/OR DISCONNECT SWITCHES. WRITTEN COPIES OF ALL SUCH WARRANTIES MAY BE FOUND ONLINE AT WWW.TITANSOLARPOWER. COM/EQUIPMENTWARRANTIES. IF A WARRANTY IS NOT AVAILABLE FOR A PRODUCT COMPONENT, AND/OR ACCESSORY, TITAN SOLAR POWER WILL SUBSTITUTE A REASONABLE EQUIVALENT WARRANTY. THE LIMITED WARRANTY EXCLUDES ANY MEASURING OR MONITORING EQUIPMENT OR SERVICE.

6.3. OTHER EXCLUSIONS. TITAN SOLAR POWER IS NOT RESPONSIBLE FOR THE SYSTEM OUTSIDE OF ITS INTENDED USE AND PURPOSE. CUSTOMER SHALL NOT HOLD TITAN SOLAR POWER LIABLE FOR DIRECT OR INDIRECT DAMAGES RESULTING FROM IMPROPER USE, MODIFICATIONS, ALTERATIONS, REPAIRS, MISUSE, ABUSE, VANDALISM, DAMAGE CAUSED BY THE SERVING UTILITY COMPANY, FIRE, STORM, FLOOD OR OTHER ACTS OF GOD.

6.4. REPAIR AND REPLACEMENT: If Customer makes a claim under the Limited Warranty, Titan Solar Power shall repair or replace the Work at issue. Such repairs or replacements will be completed by Titan Solar Power or subcontractors within a reasonable time after notice of a claim is received. If a correction cannot be completed despite Titan Solar Power’s reasonable efforts, the Parties will negotiate an equitable adjustment in the Price. Customer is responsible for any maintenance and/or Product repairs required outside of the Limited Warranty.

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6.5. ROOF PENETRATION WARRANTY: Titan Solar Power warrants that all Product-related roof penetrations made during Installation will be weather-tight for a period of twenty-five (25) years. The roof penetration warranty will be voided if any work is performed on the roof by Customer, Customer’s contractor/subcontractor/agents or third parties during the warranty period. The roof penetration warranty does not cover : (a) Leaks occurring in areas of the Property’s roof not impacted by the System. (b) Pre-existing and/or underlying failures of the Property’s roof. (c) Foreign objects causing damage to the Property’s roof (e.g., hail, golf balls, etc.). (d) Insufficient or improper maintenance by Customer, Customer’s contractor/subcontractor, or Customer’s agents.

6.6. MECHANICAL CONNECTIONS AND ASSEMBLY WARRANTY: Titan Solar Power warrants the assembly and mechanical connections of the System to be free of defects in material and workmanship for a period of twenty- five (25) years after Completed Installation.

6.7. DAMAGE WARRANTY: If damage is caused by a Titan Solar Power representative at any time during the Work, Titan Solar Power will either repair the damage or reimburse Customer for damage as limited by Warranty Exceptions and Exclusion below..

6.8. WARRANTY EXCEPTIONS AND EXCLUSIONS. THE LIMITED WARRANTY DOES NOT APPLY TO THE FOLLOWING: (a) WORK PERFORMED OR MATERIALS USED BY ANYONE OTHER THAN TITAN SOLAR POWER OR ITS REPRESENTATIVES. (b) ANY MATERIALS THAT WERE MODIFIED, REPAIRED, OR ATTEMPTED TO BE REPAIRED BY ANYONE OTHER THAN TSP OR ITS REPRESENTATIVES WITHOUT TITAN SOLAR POWER’S PRIOR WRITTEN APPROVAL. (c) ANY DAMAGES RESULTING FROM CUSTOMER’S BREACH OF THE AGREEMENT. (d) DAMAGE RESULTING FROM ORDINARY WEAR AND TEAR. (e) DAMAGE TO THE PROPERTY DUE TO WEATHER, INCLUDING BUT NOT LIMITED TO ICE OR SNOW FALLING OFF OF THE SYSTEM, OR NATURAL DISASTERS. (f) DAMAGE DUE TO FORCE MAJEURE EVENTS. (g) DAMAGE RESULTING FROM MOLD, FUNGUS, AND OTHER ORGANIC PATHOGENS. (h) SHADING OF PAINTS AND FINISHES EXPOSED TO SUNLIGHT. (i) REPRESENTATIONS MADE BY THIRD-PARTIES OR INDEPENDENT CONTRACTORS REGARDING SYSTEM CAPACITY, SYSTEM DESIGN, AND/OR PROJECTED ENERGY/MONETARY SAVINGS. (j) INSUFFICIENT OR IMPROPER MAINTENANCE BY CUSTOMER, CUSTOMER’S CONTRACTOR/ SUBCONTRACTOR, OR CUSTOMER’S AGENTS. CUSTOMER ACKNOWLEDGES THAT INSTALLATION OF THE SYSTEM MAY VOID ANY PRE-EXISTING ROOF MANUFACTURER OR ROOF INSTALLER ROOFING WARRANTY. TITAN SOLAR POWER ASSUMES NO RESPONSIBILITY FOR THE VOIDING OF ANY PRE-EXISTING ROOFING WARRANTY. BEFORE INSTALLATION, CUSTOMER SHOULD CHECK WITH THE ROOFER OR BUILDER IF THE SYSTEM WILL IMPACT AN EXISTING ROOF WARRANTY.

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6.9. BREACH OF WARRANTY OR DISPUTES. If a dispute over a potential warranty breach arises, Parties mutually agree upon System tests. Customer and Titan Solar Power shall be notified of any System testing so that each Party may have a representative present.

6.10. EXCLUSIVE REMEDY; LIMITATION OF REMEDIES AND DISCLAIMER; EXCLUSIONS. THE LIMITED WARRANTY IS TO SERVE AS THE EXCLUSIVE REMEDY FOR ALL MATERIAL AND WORKMANSHIP DEFECTS CLAIMED UNDER THIS AGREEMENT. ALL WARRANTIES, EXPRESS OR IMPLIED IN LAW OR IN FACT, ARE DISCLAIMED EXCEPT TO THE EXTENT OF THE LIMITED WARRANTY. THE LIMITED WARRANTY IS THE ONLY WARRANTY TSP MAKES WITH RESPECT TO THE PRODUCT AND THE WORK, IS MADE IN LIEU OF ALL OTHER WARRANTIES AND TSP SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES RELATING TO THE PRODUCT OR ITS WORKMANSHIP. THIS WARRANTY DISCLAIMER INCLUDES WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY ARISING OUT OF COURSE OF DEALING, OR FOR PERFORMANCE.

6.11. CONTACT INFORMATION: Should any warranty, maintenance or service work be required, Titan Solar Power can be contacted at:

1.855.SAY.SOLAR

[email redacted]

Titan Solar Power 525 W. Baseline Rd.; Mesa, AZ 85210

6.12. WARRANTY TRANSFER / PERSONS COVERED: The Limited Warranty extends only to Customer as purchaser of the System. The Limited Warranty starts on the date of Completed Installation (“Start Date”) and remains in effect for twenty-five (25) years. If Customer sells the Property before twenty-five (25) years elapse after the Start Date, the Limited Warranty shall not extend to any subsequent purchaser of the Property. Customer understands and agrees it is Customer’s obligation to advise any subsequent purchaser of the Property verbally and in writing that the Limited Warranty does not transfer with sale of the Property.

7. FORCE MAJEURE OR CUSTOMER-CAUSED DELAYS.

7.1. FORCE MAJEURE: Except for the payment of money, neither Party will be liable for any failure or delay beyond the respective Party’s reasonable control. These delays can include delayed deliverables from outside companies, acts of war, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act, pandemics, or failure of any telecommunications carrier or the Internet.

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7.2. CUSTOMER-CAUSED DELAYS: Any delays or failures to comply with Agreement obligations caused by Customer, Customer’s contractors/subcontractors, or Customer’s agents are referenced as a “Customer-Caused Delay”. Titan Solar Power shall not be found liable if these delays interfere with the Guaranteed Completion Date.

7.3. PERFORMANCE EXCUSE: Should there be a Force Majeure event, each Party will be excused from their respective obligations under this Agreement. Customer’s payment obligations for work completed up to the Force Majeure event shall continue and be due and owing. Titan Solar Power shall reserve the right to cancel this Agreement should any Force Majeure event or Customer-Caused Delay occur and impact performance of the Work.

8. DEFAULT AND/OR TERMINATION.

8.1. DEFAULT BY TITAN SOLAR POWER: TSP will be in default under this Agreement if any of the following occur: (a) Failure to perform Agreement obligations after 30-day receipt of written notice of default. (b) Written admittance of insolvency, filing of a voluntary petition of bankruptcy or any substantially similar activity by Titan Solar Power.

8.2. REMEDIES IN CASE OF DEFAULT BY TITAN SOLAR POWER: If Titan Solar Power is in default under this Agreement, Customer may: (a) Cancel this Agreement. (b) Pursue available remedies either through this Agreement or by law.

8.3. DEFAULT BY CUSTOMER: Customer will be found in default of this Agreement if any of the following occurs: (a) Delayed payment of five (5) days or more. (b) Failure to perform any material obligation undertaken in this Agreement and continuation of said failure for thirty (30) days after receipt of written notice. (c) Provision of false or misleading information to obtain this Agreement. (d) Assignment, transfer, encumber, sublet, or sale of this Agreement or any part of the Product without Titan Solar Power’s prior written consent. (e) Written Admittance by Customer of insolvency or filing of a voluntary petition of bankruptcy.

8.4. REMEDIES IN CASE OF DEFAULT BY CUSTOMER: Should Customer default on this Agreement, Titan Solar Power has the right to select and pursue all remedies that it sees fit, including: (a) Cancel or suspend of the Agreement. (b) Take all necessary actions to recover damages or enforce performance of this Agreement. If this course of action is taken, any expense incurred by Titan Solar Power will be added to Customer’s fees with payment due immediately. (c) Removal and return of the Product and its components at the expense of the Customer. (d) Disconnect, turn off or take back the System by legal process or self-help. (e) Report the non-operational status of the System to Customer’s utility. (f) Charge Customer a reasonable reconnection fee for reconnecting the System to utility or System after

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disconnect due to Customer default. (g) Recovery of all due payments, taxes, and all or any other sums then due and owing, (h) Seek a pre or post-judgment lien or similar security interest on or against Customer’s property or the Property. (i) Recovery of all direct and indirect, internal and external expenses incurred in partial completion of the Work, plus 15% profit thereon. (j) Pursue any other remedy available to Titan Solar Power pursuant to this Agreement or by law. In the event of a subsequent Customer default, Titan Solar Power has the right to pursue any of the above remedies at its sole discretion.

8.4.1. DEFAULT REPAYMENT: Customer agrees to repay Titan Solar Power for any reasonable costs expended to correct or cover Customer default. This includes reimbursing Titan Solar Power for any expenses incurred, plus 15% profit thereon.

8.5. NON-DEFAULT TERMINATIONS: Either Party may terminate this Agreement without further liabilities or obligations on either Party if one of the following events occurs: (a) Issuance of an order of a court or other public authority having jurisdiction which requires all the Work to be stopped. (b) Force Majeure event that lasts more than 365 days. Titan Solar Power may terminate this Agreement if there is a failure to obtain all permits and governmental approvals required for performance of the Work.

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9. INDEMNITY.

To the fullest extent permitted by law, Titan Solar Power shall indemnify Customer from and against any and all loss, damage, expense and liability, including fines, penalties, court costs and reasonable attorneys’ fees caused by the willful conduct or gross negligent acts of Titan Solar Power, but only to the extent caused by the sole fault of Titan Solar Power. Titan Solar Power shall have no obligation for any claims, demands, causes of action, damages, liabilities, losses, or expenses caused by Customer, Customer’s contractors/subcontractors, Customer’s agents, or any party other than Titan Solar Power. Nothing herein abridges the right, if any, of Customer or Titan Solar Power to seek contribution from others where appropriate.

To the fullest extent permitted by law, Customer shall indemnify Titan Solar Power, its subcontractors, or anyone directly or indirectly employed by Titan Solar Power, from and against any and all claims, demands, causes of action, damages, liabilities, court costs and reasonable attorneys’ fees, and other losses and expenses arising from the Work, the Product or the Agreement to the extent caused by Customer, Customer’s contractors/ subcontractors, and/or Customer’s agents. This includes anything in connection with or arising from any third- party claim for physical or other damage to, or physical destruction of, property or death or bodily injury to any person to the extent caused by: (a) any breach, violation, or default under this Agreement or any applicable legal requirements of Customer; and (b) any willful misconduct or gross negligent acts or omissions of Customer, Customer’s contractors/subcontractors, and/or Customer’s agents, employees or others under Customer’s control.

In no event shall a Party be obligated under this section to the extent claims, demands, causes of action, damages, liabilities, court costs and reasonable attorneys’ fees, and other losses and expenses arise due to the negligence or willful misconduct of the other Party.

10. LIMITATIONS OF LIABILITY.

10.1. DIRECT, INDIRECT AND CONSEQUENTIAL DAMAGES: TSP WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO CUSTOMER, OR ANY THIRD PARTY, FOR DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE “EXCLUDED DAMAGES”) RESULTING FROM IMPROPER USE, MODIFICATIONS, ALTERATIONS, REPAIRS, MISUSE, ABUSE, VANDALISM, DAMANGE CAUSED BY OR RESULTING FROM ACTIONS TAKEN BY THE SERVING UTILITY COMPANY, FIRE, STORM, FLOOD OR OTHER ACTS OF GOD, WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF THE LIMITED WARRANTY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

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10.2. LIMITATIONS OF USE: THE SYSTEM AND ITS COMPONENTS, INCLUSIVE OF ALL PRODUCTS MANUFACTURED BY OTHERS INCLUDING BUT NOT LIMITED TO BATTERIES (“MANUFACTURED PRODUCTS”), ARE NOT INTENDED FOR USE AS A PRIMARY OR BACKUP POWER SOURCE FOR BUSINESSES, LIFE-SUPPORT SYSTEMS, OTHER MEDICAL EQUIPMENT, OR ANY OTHER USE WHERE SYSTEM AND/OR MANUFACTURED PRODUCTS FAILURE COULD LEAD TO INJURY TO PERSONS OR LOSS OF LIFE OR CATASTROPHIC PROPERTY DAMAGE. CUSTOMER UNDERSTANDS AND AGREES THAT TSP DISCLAIMS ANY AND ALL LIABILITY ARISING OUT OF ANY SUCH USE OF ITS SYSTEM OR MANUFACTURED PRODUCTS.

10.3. NO GUARANTEES: CUSTOMER UNDERSTANDS AND AGREES THAT (A) THE SYSTEM AND/OR MANUFACTURED PRODUCTS DO NOT GUARANTEE CONTINUOUS AND/OR UNINTERRUPTED ELECTRIC POWER TO THE PROPERTY; (B) INSTALLATION OF THE SYSTEM AND/OR MANUFACTURED PRODUCTS AT THE PROPERTY DOES NOT GUARANTEE COMPLETE ELECTRICAL POWER BACKUP AND/OR USE; AND (C) TSP DOES NOT GUARANTEE THAT IN THE EVENT OF AN ELECTRICAL POWER OUTAGE THAT POWER WILL BE RESTORED BEFORE ANY ENERGY GENERATED OR STORED BY THE SYSTEM AND/OR MANUFACTURED PRODUCTS IS EXHAUSTED.

10.4. NO LIABILITY FOR THIRD-PARTY REPRESENTATIONS: CUSTOMER EXPLICITY ACKNOWLEDGES TITAN SOLAR POWER IS NOT LIABLE FOR, AND WILL NOT BE BOUND BY, REPRESETNATIONS OF ANY KIND BY THIRD PARTIES AND/OR INDEPDENT CONTRACTORS, INCLUDING, BUT NOT LIMITED TO REPRESENTATIONS REGARDING: SYSTEM CAPACITY; SYSTEM DESIGN; PROJECTED ENERGY SAVINGS; PROJECTED MONETARY SAVINGS; PROJECTED ENERGY GENERATION; AND REDUCTION OF ENERGY USE.

11. DISPUTE RESOLUTION.

11.1. VOLUNTARY DISPUTE SETTLEMENT – DIRECT NEGOTIATIONS: The Parties agree that in the event any material difference of interpretation or any other controversy or claim arises out of or is related to this Agreement or the claimed breach thereof, both Parties shall promptly make good faith efforts to settle the matter directly between themselves. Both Parties agree that if any controversy or claim remains unsettled for thirty (30) days following notification by certified mail that a dispute exists that they may pursue the alternative remedies noted in this Agreement.

11.2. SMALL CLAIMS EXCEPTION: Any dispute or claim arising out of or related to this Agreement that the Parties agree involves an amount less than $10,000 (or the maximum jurisdictional limit of the court) must be heard in the Small Claim Division of the Court in the county where Property is located. Any controversy or claim arising out of or related to this Agreement which in the opinion or one or both parties is over the dollar limit of the Small Claims Court must be settled by binding arbitration as described below

11.3. ARBITRATION OF DISPUTES: Any and all disputes or claims arising out of or related to this Agreement over the jurisdictional limit of the Small Claims Court shall be submitted to an experienced private construction arbitrator that shall be mutually selected by the Parties to conduct a binding arbitration in Mesa, Arizona. Thearbitrator shall be either a licensed attorney or retired judge who is familiar with construction law. If the parties cannot mutually agree to an arbitrator within 30 days of written demand for arbitration, then either of the parties shall submit the dispute

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to binding arbitration with the American Arbitration Association (“AAA”) for administration in accordance with the Construction Industry Arbitration Rules and Mediation Procedures. Judgment upon the award may be entered in any Court having jurisdiction thereof. The arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement including, but not limited to any claim that all or any part of this Agreement is void or voidable. The Parties expressly agree the venue for any arbitration shall be in Mesa, Arizona. 11.3.1. ADMINISTRATIVE FEES: To the fullest extent permitted by law, each Party shall bear an equal share of the administrative fees of arbitration. In the event this provision is found unenforceable, Parties agree the arbitration provision shall remain fully valid and enforceable.

11.4. LIMITED WARRANTY. The Parties understand and agree that any dispute involving TSP’s obligations pursuant to Section 6, if any, are subject to and shall be governed solely by the Dispute Resolution procedures as set forth above

11.5. ATTORNEYS’ FEES AND COSTS: The prevailing party in any legal proceeding, including arbitration, related to this Agreement shall be entitled to payment of reasonable attorneys’ fees, expert’s fees, costs, and expenses.

11.6. JURISDICTION: The Parties understand and agree that the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement, including the Dispute Resolution procedures, is void or voidable.

12. ARIZONA MECHANICS LIEN LAW.

Under Arizona Mechanics Lien Law, any person or entity that helps to improve a property and is not paid for their work or supplies has a right to place a lien on said property and sue for payment in court. Customer acknowledges this right and authorizes TSP, its agent or subcontractors, to file a mechanic’s lien in accordance with Arizona law for the system that will be removed upon full payment of the Agreement price.

13. 3-DAY RIGHT OF RESCISSION AND CANCELLATION:

The Notice of Cancellation, regarding Customer’s right to cancel this Agreement, is attached hereto and made a part of this Agreement.

14. MAINTENANCE AND REPAIRS; EXPANSION; REMOVAL AND REINSTALLATION.

14.1. SYSTEM INSPECTION: Customer agrees that TSP shall have the right, with prior notice, to inspect the System to determine compliance with all conditions set forth in the Agreement.

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14.2. MAINTENANCE. If Product maintenance is required Customer may contact TSP at:

1.855.SAY.SOLAR

[email redacted]

Titan Solar Power 525 W. Baseline Rd.; Mesa, AZ 85210

14.3. EXPANSION AND RELOCATION: TSP shall have a right of first refusal to provide additional work if Customer wishes to expand the System in the future. This is to maintain original manufacturers’ warranties. Failure of Customer to provide TSP the right of first refusal may void any and all manufacturer warranties.

14.4. REMOVAL AND REINSTALLATION: Following Completed Installation, if Customer requests, for any reason, the removal and reinstallation of the System, Customer agrees to pay TSP a One Hundred and Fifty Dollars 00/100 ($150.00) service fee per panel (hereinafter “R&R Fee”). TSP shall provide Customer a written invoice of the R&R Fee prior to performance of the work. Within five (5) business days of receipt, Customer shall pay same.

14.5. EXPENSES: TSP shall have the exclusive right to perform all Product required repairs or System expansions or relocations. Repairs and relocation will be at the expense of Customer. Customer acknowledges and agrees that failure to have TSP perform the services identified in this subsection may result in voidance of warranties, including but not limited to the Limited Warranty.

14.6. NO PRODUCTION REIMBURSEMENT: The Parties understand and agree that if Customer requests expansion of the System and/or, for any reason, System removal and reinstallation, no production reimbursement shall be issued by TSP for the period during which the System is disconnected in order to perform the work requested by Customer.

15. CUSTOMER TAX OBLIGATIONS:

Customer understands and agrees that TSP and its representatives are not tax professionals. Customer further agrees that it is Customer’s sole responsibility to determine what tax obligations, if any, Customer may be required to pay as a result of the System including, but not limited to: the assessed value of the property tax assessments associated with the System calculated the year the Agreement is signed; transaction privilege taxes that may be asserted against Customer; and any obligation of Customer to transfer tax credits or incentives for the System to any other person.

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16. NO SAVINGS OR PRODUCTION GUARANTEE; SYSTEM MONITORING:

Customer explicitly acknowledges, and by executing this Agreement understands, TSP provides no warranty or guaranty with respect to any cost savings from use of the System and/or electrical energy production by the System. Electrical usage and savings are determined by many factors including but not limited to utility rates, amount of power used, and loads applied from within and around the Property, any and all of which can cause a shift in the total amount of power needed to create savings. System performance relating to production is estimated based on assumptions of system size, orientation, shading and slope of roof. Customer further understands and acknowledges TSP does not actively monitor the System and it is Customer’s sole responsibility to notify TSP of any and all issues regarding the System.

17. NO TAX OR REBATE REPRESENTATIONS:

Customer explicitly acknowledges that TSP has made no representations regarding any state or federal tax incentives or rebates for which Customer might be eligible. Customer further acknowledges that the Price does not reflect any state or federal tax incentives or rebates for which Customer might be eligible.

18. GENERAL PROVISIONS.

18.1. GOVERNING LAW: This Agreement is governed by the laws and existing authorities where the Property is located.

18.2. NOTICES: All notices given by either Party hereunder must be in writing and delivered by personal delivery, certified mail (return receipt requested), or overnight courier. Notices to either Party shall be sent to the respective Party’s provided addresses.

18.3. SURVIVAL: The provisions of Sections, 2-3, 6-7, 9-11, and 18 of these Terms and Conditions shall survive the expiration or termination of this Agreement for any reason for two (2) years.

18.4. ASSIGNMENT: Except as set forth in Section 18.5 below, neither Party may assign any of its rights hereunder without the prior written consent of the other Party. Under no circumstance should consent be unreasonably withheld, conditioned, or delayed. Notwithstanding the forgoing, TSP may, without consent of Customer, assign this Agreement to any TSP affiliate. Any purported assignment in violation of this Section 18.4 shall be null and void.

18.5. RIGHT TO SUBCONTRACT: TSP reserves the right to subcontract the performance of the Work and any other duties or obligations under this Agreement to a third-party (“Subcontractor”). The Agreement may be assigned, sold, or transferred without Customer’s consent to a Subcontractor who will be bound by the terms of the Agreement. If a transfer occurs you will be notified if this will change the address or phone number to use for System maintenance or warranty requests.

18.6. RIGHT TO SUBSTITUTE MATERIALS: In the event the solar panels required by the Agreement cannot be procured or are in short supply, TSP reserves the right to substitute a comparable or better solar panel brand or model for those shown on the Cover Page, so long as the substitution does not materially differ in terms or wattage and/or size.

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18.7. WAIVER: No waiver of any of the provisions by any Party shall be effective unless explicitly set forth in writing and signed by the second Party.

18.8. AMENDMENT AND MODIFICATION: This Agreement may only be amended, modified, or supplemented by an agreement in writing signed by the signing authority of each Party.

18.9. HEADINGS: The headings in this Agreement are for reference only and shall not affect its interpretation.

18.10. SEVERABILITY: The Parties agree that the provisions of this Agreement are severable, and if any part of the Agreement is found to be unenforceable, all other provisions shall remain fully valid and enforceable.

18.11. COUNTERPARTS: This Agreement may be executed in counterparts with the same force and effect when both Parties have executed and delivered a counterpart of this Agreement to the other.

18.12. NON-DISPARAGEMENT: Parties agree not to disparage the other in relation to performance of the Agreement. The term disparage includes, without limitation, comments or statements made in any manner or medium in the press and/or social media about the Party which would adversely affect the Party’s reputation or ability to conduct business.

18.13. COOPERATION: Customer recognizes and acknowledges that TSP’s ability to perform its duties under the Agreement, and the efficiency and timeliness of Installation, is significantly dependent on Customer’s cooperation. Therefore, Customer shall ensure all reasonable cooperation with TSP (or the AHj) in connection with performance of the Agreement will be provided in a timely manner. This includes, but is not limited to, execution of AHj interconnection documents, timely responding to TSP’s reasonable requests for information, maintaining TSP’s access rights to the Property, and all other cooperation necessary and reasonable for TSP’s performance under the Agreement.

18.14. BREACH: Customer’s failure to comply with any of the obligations, provisions, terms, or conditions of this Agreement shall be a material breach of this Agreement. This includes, but is not limited to, denial of access rights, non-cooperation, failure to respond to communications, or refusal to sign AHj documents.

19. A.R.S. § 32-1158, A.R.S. §§ 44-1763 – 44-1764, AND A.R.S. § 44-5004 NOTICES.

19.1. A PROPERTY OWNER HAS THE RIGHT TO FILE A WRITTEN COMPLAINT WITH THE ARIZONA REGISTRAR OF CONTRACTORS FOR AN ALLEGED VIOLATION OF A.R.S. § 32-1154(A). ANY COMPLAINT MUST BE MADE WITHIN THE APPLICABLE TIME PERIOD AS SET FORTH IN ARS 32-1154. THE ARIZONA REGISTRAR OF CONTRACTORS MAY BE CONTACTED AT (602) 542-1525 OR ONLINE AT ROC.AZ.GOV.

19.2. UTILITY RATE DISCLOSURE: Utility rates and utility rate structures are subject to change. These changes cannot be accurately predicted. Projected savings from your distributed energy generation system are therefore subject to change. Tax incentives are subject to change or termination by executive, legislative, or regulatory action.CUSTOMER INITIALS: ________________

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19.3. NOTICE TO BUYER: (1) DO NOT SIGN THIS AGREEMENT IF ANY OF THE SPACES INTENDED FOR THE AGREED TERMS TO THE EXTENT OF THEN AVAILABLE INFORMATION ARE LEFT BLANK;(2) YOU ARE ENTITLED TO A COPY OF THIS AGREEMENT AT THE TIME YOU SIGN IT; (3) YOU MAY PAY OFF THE FULL UNPAID BALANCE DUE UNDER THIS AGREEMENT AT ANY TIME, AND IN DOING SO YOU SHALL BE ENTITLED TO A FULL REBATE OF THE UNEARNED FINANCE AND INSURANCE CHANGES;(4)YOU MAY CANCEL THIS AGREEMENT AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION - SEE THE ATTACHED NOTICED OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT; (5) IT SHALL NOT BE LEGAL FOR THE SELLER TO ENTER YOUR PREMISES OR COMMIT ANY BREACH OF THE PEACE TO REPOSSESS GOODS PURCHASED UNDER THIS AGREEMENT.

19.4. CERTIFICATE TO BUYER: The System complies with the requirements of A.R.S. § 44-1763.

20. ENTIRE AGREEMENT:

This Agreement constitutes the entire agreement between the Parties. Any plans, specifications, and other data furnished with or in connection with this Agreement are descriptive of the specifications, terms and conditions contained herein. The terms of this Agreement shall prevail in case of conflict between the provisions stated in the plans and specifications or other data, and the terms of this Agreement.

[SIGNATURES ON FOLLOWING PAGE]

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CUSTOMER

3/28/2024 Date: ______________________________________________________________________

Signed:_____________________________________________________________________

Charles Slack-Mendez Name: _____________________________________________________________________

TSP REPRESENTATIVE

3/28/2024 Date: ______________________________________________________________________

Signed:_____________________________________________________________________

Anthony Sanchez Name: _____________________________________________________________________

Titan Solar Power AZ, Inc. Purchase Agreement Customer’s Initials ___ / ___ 20 DocuSign Envelope ID: DFE90A93-64FB-42C9-828D-8DF7AF9AE439

3-DAY RIGHT OF RESCISSION AND NOTICE OF RIGHT TO CANCEL

The Notice of Cancellation, regarding your right to cancel this contract attached hereto is made a part to this contract.

Notice of Cancellation _______________

3/28/2024 Date of Transaction _______________

You may cancel this transaction, without any penalty or obligation, within three business days from the above date. If you cancel, any property traded in, payments made under the contract or sale, and any negotiable instrument executed by you will be returned within 10 business days following receipt by the seller of your cancellation notice. Additionally, any security interest arising out of the transaction will be canceled.

If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale, or you may, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller`s expense and risk.

If you do make the goods available to the seller and the seller does not pick them up within twenty days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract.

If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract.

Certain aspects of executing the work relating to this contract have fees associated with them. Such items include but are not limited to sight survey, design, permitting etc. The consumer acknowledges that cancelling this contract may result in the consumer being responsible for said fees.

To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice, or any other written notice, to: Corporate Office: Titan Solar Power, 525 W Baseline Rd. Mesa, AZ 85210

No later than midnight of ____________________ 04/02/2024 (date), I hereby cancel this transaction ___________________(date) (Customer’s printed name) ____________________________________________ (Customer’s signature) ____________________________________________

I ACKNOWLEDGE RECEIPT OF THIS NOTICE OF RIGHT TO CANCEL

3/28/2024 _____________________ __________________________________

Date Customer Signature

Titan Solar Power AZ, Inc. Purchase Agreement Customer’s Initials ___ / ___ 21 DocuSign Envelope ID: DFE90A93-64FB-42C9-828D-8DF7AF9AE439

AUTHORIZATION DOCUMENT By signing below, I authorize Titan Solar Power AZ, Inc. (“TSP”) to use my digital signature on any permit applications, Notice(s) of Commencement, authorization forms, interconnection applications, utility rebates, net metering application forms, city clearance application forms, and all similar documents related to my solar project. I also authorize TSP to use my same digital signature for any Home Owners Association (“HOA”) application(s) as needed to complete my solar project.

I understand HOAs generally do not work directly with contractors for solar project approval. If necessary I will contact the HOA directly to get approval for my solar project. TSP will provide project plans and equipment specifications upon my request.

TSP will provide me a copy of all applications or related documents using this digital signature. TSP will not use this document for any forms or applications other than those listed above.

___________________________ ___________________________

(Customer Signature) (Customer Signature)

Charles Slack-Mendez ___________________________ ___________________________

(Printed Customer Name) (Printed Customer Name)

Titan Solar Power AZ, Inc. Purchase Agreement Customer’s Initials ___ / ___ 22 Titan Solar Power AZ Inc

Invoice Titan Solar Power AZ Inc 2222 E Yeager Dr. Suite 100 Chandler AZ 85286 United States AZ #334037, 340249 #TSP169297 - M0 #3/28/2024 Bill To Project Address Charles Slack-Mendez Charles Slack-Mendez 2710 South Rural Road 2710 South Rural Road Tempe AZ 85282 Tempe, AZ 85282 United States

Terms Due Date Total Contract Price PO # Sales Rep Partner Due on receipt 3/28/2024 $24,046.00 88888 DTC Sales

Quantity Item Options Unit Price Amount

Project Payment $2,000.00 $2,000.00

Invoice Subtotal $2,000.00 Total Amount Due This Invoice $2,000.00 Remaining Balance on Prior Invoice(s) $0.00

Balance Due $2,000.00

TSP169297 - M0 6/20/24, 2:44 PM Account Detail - Wells Fargo

Check Details

Item 13 of 24 Show partial image Print

Check Number 6815

Date Posted 05/15/24

Check Amount $10,523.00

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Equal Housing Lender

https://connect.secure.wellsfargo.com/accounts/start?p1=yes&_xa=3eb4eb7b-8b18-4194-b963-84320c8504fb&SAMLart=AAQBjuoEQCR14WDgSxa… 1/1 8/13/24, 3:16 PM State of Arizona Mail - Written Answer to Citation and Complaint - Case No. 2024-07020

Answers - AZROC <[email redacted]>

Written Answer to Citation and Complaint - Case No. 2024-07020 message

Thomas Porter <[email redacted]> Tue, Aug 13, 2024 at 2:38 PM To: [email redacted]

AZ ROC -

Titan Solar Power AZ closed its doors on 6/14/2024. It was unexpected and unfortunate for Titan's customers and also its employees. Hundreds of employees, including myself, immediately lost employment. I understand why this complaint was filed since this customer is out over $12,000.

However, this project was not abandoned. It was moving through the normal installation process when Titan's doors closed. The second payment of $10,530.00 was invoiced (and paid on 5/15/2024) because a permit for the project had been issued - per the terms of the contract. This was approximately 1 month prior to Titan closing its doors.

In order to install a solar electrical system, contractors need to obtain both an AHJ issued permit and also obtain approval for interconnection from the appropriate utility. In order to get these approvals, a site survey is required, construction plans need to be drafted, a professional engineer review is required, appropriate forms and applications need to be submitted, and materials need to be procured. This can take a significant amount of time in some cases, especially for commercial installations.

I don't have access to any information on the project any longer since all of Titan's data and systems is in receivership, but I can say that the timeline for this project is on par with what is typical for a solar installation. The likely explanation for the 4 week time between the permit in hand payment and installation scheduled would be pending utility approval. Had Titan not gone out of business (something I had no prior knowledge of or control over) this project would have been installed in June - in fact it may have already been scheduled when the company closed. This would have put the total timeline for installation at about 90 days.

This amount of time is not out of the ordinary for a commercial solar installation and in no way constitutes abandonment in the traditional use of the term in construction. A substantial amount of work was done on this project during that time. Solar is somewhat unique in that it requires so many approvals to even begin work and then once work is started, it is completed relatively quickly. Titan couldn't legally start physical work at the site without all the appropriate approvals.

It's extremely unfortunate that Titan was not able to fulfill the contract but the reason it wasn't completed was due to bankruptcy - not that Titan had in any way ignored the project. I have a personal stake in this decision due to me being the electrical qualifier for the company and this decision will influence my personal ability to maintain work in the future. I worked at Titan for 8 years and I can say that we never abandoned any project during that time and would have completed the project to a high standard and full customer satisfaction should the ownership had managed to keep the company solvent during a particularly difficult time in the industry.

Best,

Thomas Porter

https://mail.google.com/mail/b/AEoRXRQrQAWBI2nAo15HiuU1wfP7dmCYbYbuN7wT5PLICQfiQexL/u/0/?ik=581c53cf5c&view=pt&search=all&permth… 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