Community Solar Terms & Conditions

SCHEDULE A
POWER GENERATION TERMS & CONDITIONS

This COMMUNITY SOLAR NET METERING CREDIT  ALLOCATION AGREEMENT (together with all exhibits, schedules,  and attachments referenced in its text as if set forth herein in full,  this “Agreement”) is made and entered into on the “Effective Date”  listed in the executive summary above (“Executive Summary”) by  and between the parties listed.  

Definitions. Throughout this Agreement, the words “we”, “us” and  “our” mean SUNation Energy, LLC, or if SUNation Energy, LLC  transfers or assigns this Agreement then the Project Owner as  described further below to which the Agreement is transferred or  assigned. The words “you” and “your” refer to the person(s)  identified above and whose signature appears on this Agreement  under the word “Customer”. Any terms used herein, but not  otherwise defined, shall have the meanings set forth in the  Executive Summary.  

You and we are sometimes referred to in this Agreement,  individually, as a “Party” and, together, as the “Parties”. Other  capitalized words used in this Agreement have the meanings given  to them in bold font contained in quotation marks, including in the  “General Terms and Conditions” attached as Schedule B, which  is a part of this Agreement.  

Description of Agreement. This Agreement is a legally binding  contract. It governs the terms and conditions under which:  

(a) we will arrange for the right to transfer and assign to you a  portion of the Net Metering Credit calculated by the Utility in  connection with the electricity generated and delivered to the  Utility by the Community Solar Project identified on The  Executive Summary (the “Community Solar Project”); and  

(b) you will receive and purchase from us and we will arrange  for the allocation to your Utility Account of your portion of such  Net Metering Credit.  

Purchase and Sale of Net Metering Credit. You agree to  purchase the Net Metering Credit at the rates described in the  Executive Summary (the “Applicable Rate”), which shows the  percentage discount which will be applied to the Utility’s prevailing  Net Metering Tariff per kWh as described in this Agreement and the  Executive Summary. The Net Metering Credit will be calculated and  allocated to your Utility Account in kwh. Ownership, title and risk of  loss of any Net Metering Credit will transfer to you upon the Utility’s  calculation of the Net Metering Credit under the Project Owner’s  utility account in accordance with applicable law and the tariffs of  the Utility via the “Appendix B – PSEG Allocation Request Form”  form filed with the Utility by the Project Owner or by us.  

Monthly Charges and Billing. Billing will be done via PSEGLI  monthly and your community solar savings will be reflected on your  PSEGLI statement monthly.  

Project Not Yet Constructed. You understand that, as of the  Effective Date, the Community Solar Project may or may not have  

the Net Metering Credit can be calculated by the Utility. We will not  be able to allocate and sell to you and you will not be able to receive  any Net Metering Credit from the Community Solar Project until the  date it has been fully constructed, has received permission from the  Utility to begin to operate, and the Utility has begun to measure,  calculate, and allocate the Net Metering Credit according to law and  the Utility’s procedures. This date is the “Net Metering Start Date.”  You understand that our obligations under this Agreement are  contingent upon achievement of the Net Metering Start Date within  twelve (12) months of the Effective Date, and that if the Net Metering  Start Date is not achieved, this Agreement will be terminated as  described below.  

Term. The term (“Term”) of this Agreement will begin on the  Effective Date and will renew on the one (1) year anniversary of the  Net Metering Start Date (“Renewal Date”) unless earlier  terminated as specifically provided for in this Agreement. Flowing  the first calendar year of subscription, the net metering start date  will revert to January 1st each year.  

Renewal. This Agreement may be terminated at the expiration of  the Term by either party giving written notice, by registered mail,  return receipt (effective on noted delivery date), not less than sixty  (60) days prior to the expiration of the Term. If either party does not

give notice, this Agreement shall remain in full force and effect upon  its then current terms for subsequent one (1) year periods subject  to these termination provisions. Each annual renewal will be  accompanied by a percentage increase in the Applicable Rate  defined in the Executive Summary. Your obligation to pay any and  all charges and assessments, which shall have accrued, shall  survive any termination of this Agreement.  

Your Obligations to the Utility, any Competitive Supplier and to  Us. You must continue to maintain the Utility Account during the  Term of this Agreement. You must take electric service at your  residence under your Utility Account in your own name. If you  purchase retail electric supply from a competitive electric supplier  and you wish to have the Utility apply the Net Metering Credit to  amounts due from you to your competitive supplier, you must cause  your Utility and competitive supplier to enroll you in a combined  billing service under which amounts due to your competitive supplier  for electricity are billed to you on your Utility’s invoice to your for  distribution services. If you do not enroll in combined billing, the  Utility will not apply the Net Metering Credit towards amounts due  

renewable credits and any other similar products. You agree that  you will execute any documents we decide are necessary or  expedient to accomplish the sale, transfer or assignment by us or  the Project Owner (or to us or the Project Owner) of any  Environmental Attributes or Incentives.  

Estimated Electricity For Net Metering Credit. The Executive  Summary also shows the amount of electricity, measured in kilowatt  hours, we estimate will be generated by the Community Solar  Project in each year during the Term for which the Utility will  calculate Net Metering Credit for allocation to your Utility Account.  Due to a number of reasons, including but not limited to day-to-day,  seasonal and other changes and variations in weather, the actual  production of electricity will vary, and we cannot and do not  guarantee the Community Solar Project will in fact produce  electricity in such amounts. This amount is an estimate only, and we  also cannot and do not predict the value of the Net Metering Credit  that the Utility will calculate and allocate to your Utility Account.  

∙ Value of Net Metering Credit. The value of the Net by you to your competitive supplier. You will continue to be obligated  to pay all amounts due to the Utility under your Utility Account as  well as any amounts due to your competitive supplier, whether  under a combined bill or separate bills.  

No Ownership of Community Solar Project. You understand that  you will not own any part of or any interest in the Community Solar  Project, whether directly or indirectly. The Community Solar Project  will be developed, constructed, owned and operated by a third party  (a “Project Owner”). We may enter into an agreement with a Project  Owner under which we will have the right to sell the Net Metering  Credit to you and allocate the Net Metering Credit to your Utility  Account as well as other Utility Account holders who are located in  the same NYISO load zone as the Community Solar Project. We  may also assign this Agreement, in whole or in part, to a Project  Owner.  

Ownership of Incentives and Environmental Attributes. You  acknowledge that we will not transfer to you, and the Project Owner  will continue to own and have the exclusive right to, any credits,  rebates, subsidies, payments or other incentives that relate to the  generation of electricity using the power of the sun and the  technology incorporated into the Community Solar Project and the  environmental benefits of using the Community Solar Project (other  than that portion of the Net Metering Credit calculated for by the  Utility and allocated to your Utility Account), whether acknowledged  or provided by any program available from the local Utility, electric  company or any other regulated entity, the manufacturer of any part  of the Community Solar Project, the New York Department of Public  Service, the New York State Research and Development Authority,  or any other governmental authority of the State of New York or the  federal government of the United States of America, and any  successor to any of the previous entities (collectively, “Incentives”).  ∙ 

You agree that you will take those actions reasonably requested by  

Metering Credit allocated and applied to your Utility  Account will be calculated based on the Net Metering  Tariff identified on the Executive Summary in effect  from time to time during the term of this Agreement.  The Utility will update and change the Net Metering  Tariff as required or permitted by law during the term of  this Agreement. The value of the Net Metering Credit  per kilowatt hour of production from the Community  Solar Project will also change and may be different  from the cost per kilowatt hour of electricity and electric  service you receive at your residence. Whether you  purchase electricity from a competitive electricity  supplier or receive Basic Service or Default Service  electric supply from your Utility in addition to  distribution services, the value per kilowatt-hour of the  Net Metering Credit calculated under the Project Tariff  may be higher or lower than the total cost per kilowatt  hour of the electricity and electric services you receive  at your residence The Long Island Power Authority (LIPA)  approved a tariff update effective August 1, 2019, bringing its  Value of Distributed Energy Resources (VDER) compensation  methodology closely into alignment with the Public Service  Commission (PSC) Orders. LIPA’s tariff document contains the  relevant details. Please visit PSEG’s VDER website for more  details and Long Island specific resources. .  

https://www.psegliny.com/businessandcontractorservices/business andcommercialsavings/greenenergy/vder 

∙ Limited Use of Net Metering Credit. You may not be  

us that must be undertaken as required to qualify for, and enable us  

(including the Project Owner) to receive any Incentives. For  purposes of this Agreement, “Environmental Attributes” include  carbon trading credits, greenhouse gas offsets or credits, renewable  energy credits or certificates, emissions reduction credits,  emissions allowances, green tags, tradeable  

able to offset the entirety of the amounts due by you to  the Utility under your bills sent to you by the Utility. You  may be allocated Net Metering Credit which is not  applied as partial payment or payment in full of  amounts due by you to the Utility under your Utility  Account. You may have no opportunity to increase or  decrease your portion of the Net Metering Credit. You  may be subjected to a minimum bill charge and other  charges imposed by your Utility if the Utility imposes  such charges in connection with a change in its tariffs or applicable law. You may not be permitted to apply  the amount of the Net Metering Credit to the portion  of your bills due to the Utility for such minimum  amount.  

Energy Requirements. You understand that this Agreement is not  for delivery of any electricity to your residence. You acknowledge  that you will need to maintain an account with your local electric  distribution company, Utility or other electricity provider and remain  connected to the local distribution network or electricity grid for the  provision or delivery of electricity you need at your residence. You  will be solely responsible for obtaining and paying for electricity and  distribution services from your Utility or any other source or supplier.  

Information; Authorizations; Power of Attorney. You hereby  authorize us, including the Project Owner, to deliver to the Utility  and keep on record with the Utility such documentation and  information as may be required by the Utility for us to perform our  obligations under this Agreement. You authorize us to provide to  the Utility such information about your Utility Account and such other  information from the Executive Summary as may be necessary for  us to cause the Utility and the Project Owner to allocate, transfer  and assign to you and apply to amounts due by you under your

Utility Account your portion of the Net Metering Credit from the  Community Solar Project. We will use such information to  administer and maintain, in some cases directly and in others on the  Project Owner’s behalf, a list of and instructions to the Utility for  allocating all participants who will receive a percentage share of the  Net Metering Credit calculated by the Utility for the Community Solar  Project. This list and related instructions is called the Utility’s  “Appendix B – Allocation Request Form.” You hereby grant to us  a power of attorney coupled with an interest and appoint us as your  attorney in fact for all such purposes. You hereby confirm that all of  the information provided on the Executive Summary is true, correct  and complete.  

Access to Your Utility Account and Utility Data. You agree to  promptly provide us with copies of and/or access to the invoices you  receive from the Utility and other information associated with your  Utility Account, including such data as may be made available by  you or the Utility from the meter or meters installed by the Utility at  your residence, for the purpose of executing this Agreement and  verifying the delivery of Net Metering Credits to your Utility Account  as expected by your electric Utility.  

Taxes. You will be responsible for and will pay any and all sales  taxes and other taxes and charges imposed upon the sale of Net  Metering Credits from us to you under this Agreement. The Project  Owner will be responsible for all income, gross receipts, ad valorem  (in proportion to the estimated value of the goods or transaction  concerned), personal property or real property or other taxes and  franchise fees assessed against the Community Solar Project.  

Your Options if You Move. If you decide to sell and/or move out of  your home and moving will change your Utility Account, you may  have the opportunity to have Net Metering Credit allocated to the  utility account at your new residence where possible. If you want to  transfer this Agreement to your new residence, it must be located  within the same Utility’s service territory and within the same NYISO  load zone as the one in which the Community Solar Project is  located. In that situation, you must change the Utility Account to  which your Net Metering Credit will be allocated. You must provide  written notice to us of your new utility account information and such  new utility account will then become the Utility Account to which we  will direct the allocation of the Net Metering Credit. If you do not  allocate your Net Metering Credit to your new residence, you will be  subject to the terms of Early Termination, as described in the  paragraph below titled “Early Termination; Time Period Before  Cancellation Become Effective”.  

Termination of this Agreement. You may cancel and terminate  this Agreement by providing written notice to us a minimum of sixty  (60) calendar days notice prior to the Renewal Date in the year  termination is requested. Termination of this Agreement is subject  to the terms and conditions detailed in the following paragraph titled  “Early Termination; Time Period Before Cancellation Becomes  Effective”. We may cancel and terminate this Agreement before the  end of the Term in the event that the Net Metering Start Date does  not occur within twelve months of the Effective Date, or as provided  in the section “Unforeseen Problems; Our Optional Termination”.  

Unforeseen Problems; Our Optional Termination. If there are  unforeseen problems with performing our obligations under this  Agreement due to the actions or omissions of the Project Owner,  

actions taken by or on behalf of you or other persons, a Force  Majeure Event or a Change in Law (as defined in the General Terms  and Conditions), or due to the inaccuracy of any information that  you provided and on which we relied, we reserve the right to  terminate this Agreement by giving you ten (10) days prior written  notice. If we terminate this Agreement before the Net Metering Start  Date we will have no further obligations or liabilities to you.  

Events of Default; Remedies. Your Event of Default under this  Agreement, including a Payment Default, will allow us to choose  certain remedies including terminating this Agreement, removing  your Utility Account from the Allocation Request Form for this  Community Solar Project plus additional cancellation fees including  reasonable attorney fees. In addition to the foregoing, all other rights  and remedies are expressly reserved, none of which are waived.  

Our Representations and Warranties to you. We hereby  represent and warrant to you that (a) SUNation Energy, Inc is a  corporation duly organized, validly existing under the laws of the  State of New York and registered to conduct business in The State  of New York; (b) our execution, delivery and performance of this  Agreement have been duly authorized by all necessary company  action; and (c) this Agreement is our valid obligation and it is  enforceable against us in accordance with its terms (except as may  be limited by applicable bankruptcy, insolvency, reorganization,  moratorium and other similar laws now or hereafter in effect relating  to creditors’ rights generally).  

Your Representations and Warranties to us. You hereby  represent and warrant to us that: (a) you have read and you  understand the terms of this Agreement including all exhibits,  schedules, and attachments, and have had the opportunity to ask  us questions and to seek advice of an attorney if so desired; (b) you  are duly authorized to execute, deliver and perform this Agreement  and that such execution, performance and delivery will not violate  any law; (c) this Agreement is your valid obligation and it is  enforceable against you in accordance with its terms (except as may  be limited by applicable bankruptcy, insolvency, reorganization,  moratorium and other similar laws now or hereafter in effect relating  to creditors’ rights generally); (d) your name is associated with the  Utility Account and you have the full right, power and authority to  enter into this Agreement; (e) your execution, delivery and  performance of this Agreement will not conflict with or result in a  default under any of the terms or conditions of any agreement or  obligation to which you are a party or by which you or your Property  may be bound; and (f) all information that you have provided to us,  and other facts, estimates and assumptions are accurate, true and  complete in all respects.  

Cancellation Rights. In addition to your other rights to cancel this  Agreement, You, the Customer, may cancel this transaction at  any time prior to midnight of the third business day after the  Effective Date. See the attached Notice of Cancellation form for  an explanation of this right. To exercise your right of cancellation,  you may deliver a completed notice of cancellation using the form  attached in duplicate to this Agreement as Schedule C.

Schedule B  

General Terms and Conditions  

Definitions and Interpretation. Unless otherwise required by  the context in which any term appears: (a) capitalized terms  used in this Agreement have the meanings specified in this  Agreement; (b) the singular includes the plural and vice versa;  and (c) the words “include,” “includes” and “including” mean  include, includes and including “for example and without  limitation.” The captions or headings in this Agreement are  strictly for convenience and are not to be considered in  interpreting this Agreement.  

Change in Law. If any applicable law or regulation is enacted,  modified or repealed after the Effective Date that establishes  requirements affecting the performance of our obligations under  this Agreement (a “Change in Law”) and such Change in Law  has a material adverse effect on our cost of performing such  obligations, we will have the right to terminate this Agreement.  

Events of Default. The occurrence of any one or more of the  following events with respect to one of the Parties (the  “Defaulting Party”) will be an event of default (“Event of  Default”) under this Agreement: (a) failure to pay any amount  due and payable under this Agreement (“Payment Default”);  (b) failure to substantially perform any other material obligation  under this Agreement; (c) a representation or warranty of such  Defaulting Party proves at any time to have been incorrect in any  material respect when made and is material to the transactions  contemplated hereby; or (d) such Party (i) generally fails to pay,  or admits in writing its inability to pay, its debts as they come  due, (ii) voluntarily ceases to conduct its business in the ordinary  course, (iii) commences any voluntary proceeding under any  bankruptcy or similar law, (iv) takes any action to effectuate or  authorize any of the forgoing; (v) has an involuntary proceeding  commenced against it under any bankruptcy or similar law,  which involuntary proceeding has not been dismissed within 30  days of such commencement, (vi) becomes subject to a  judgment or similar action against a substantial portion of its  properties, which action has not been released within 30 days  after being issued or levied (vii) acquiesces in the appointment of  a receiver or similar person for itself or a significant portion of its  property.  

Remedies. On the occurrence of a Payment Default, the Party  that is not the Defaulting Party (the “Non-Defaulting Party”)  may suspend performance of its obligations under this  Agreement if such Payment Default is not cured by the  Defaulting Party within 10 days following receipt of written notice  of such Payment Default. Further, the Non-Defaulting Party may  pursue any remedy under this Agreement, at law or in equity,  including an action for damages and termination of this  Agreement immediately upon written notice to the Defaulting  Party following expiration of the foregoing 10 day period. On the  occurrence of an Event of Default other than a Payment Default,  the Non-Defaulting Party may pursue any remedy under this  Agreement, at law or in equity, including an action for damages  and termination of this Agreement, following the Defaulting  Party’s failure to cure the Event of Default within 30 days  following receipt of written notice from the Non-Defaulting Party  demanding such cure; provided, that such 30 day cure period  will be extended if and to the extent reasonably necessary to  cure the Event of Default, if (a) the Defaulting Party initiates such  cure with the 30 day period and continues such cure to  completion and (b) there is no material adverse effect on the  Non-Defaulting Party resulting from the failure to cure the Event  

of Default. Nothing herein will limit either Party’s right to collect  damages upon the occurrence of a breach or a default by the  other Party that does not become an Event of Default.  Force Majeure Event. Except as otherwise expressly provided  to the contrary in this Agreement and except for payment  obligations, if either Party is rendered wholly or partly unable to  timely perform its obligations under this Agreement (other than  a payment obligation) because of events which are beyond the  affected Party’s reasonable control and do not result from such  Party’s negligence (a “Force Majeure Event”), that Party will be  excused from performing those obligations affected by the Force  Majeure Event (but only to the extent so affected), provided that:  (a) the affected Party gives the other Party prompt written notice  fully describing the particulars of the occurrence; (b) the  suspension of performance is of no greater scope and of no  longer duration than is required by the Force Majeure Event; and  (c) the affected Party uses all reasonable efforts to mitigate or  remedy its inability to perform as soon as reasonably possible.  No Warranty. TO THE MAXIMUM EXTENT PERMITTED  UNDER APPLICABLE LAW, NO WARRANTY OR REMEDY,  WHETHER STATUTORY, WRITTEN, ORAL, EXPRESS OR  IMPLIED, INCLUDING, WITHOUT LIMITATION,  WARRANTIES OF MERCHANTABILITY, FITNESS FOR A  PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR  WARRANTIES ARISING FROM COURSE OF DEALING OR  USAGE OF TRADE SHALL APPLY, ALL OF WHICH ARE  DISCLAIMED. THE REMEDIES SET FORTH IN THIS  AGREEMENT ARE YOUR SOLE AND EXCLUSIVE  REMEDIES FOR ANY CLAIM OR LIABILITY ARISING OUT OF  OR IN CONNECTION WITH THIS AGREEMENT, WHETHER  ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE),  STRICT LIABILITY OR OTHERWISE.  

Further Assurances. Each of the Parties hereto agree to  provide such information, execute and deliver any instruments  and documents and to take such other actions as may be  necessary or reasonably requested by the other Party that are  not inconsistent with the provisions of this Agreement and that  do not involve the assumptions of obligations other than those  provided for in this Agreement, in order to give full effect to this  Agreement and to carry out the intent of this Agreement,  including arranging for the consent of the holders of any  mortgages on your Property.  

Assignment of Agreement to Project Owner. We may  transfer and assign this agreement to the Project Owner at  any time, in whole or in part, together with some or all of  our rights and obligations under this Agreement. If we  choose to make such a transfer and assignment, we will  inform you in writing and include the identity and contact  information of the Project Owner. If we continue to  coordinate certain aspects of this Agreement on behalf of  the Project Owner, we will inform you of any changes in our  contact information. The Project Owner will assume in full  all of our rights and obligations arising under this  Agreement from and after the date of our transfer and  assignment. Upon our delivery to you of written notice of  such a transfer and assignment, you will have released us  of all of our obligations and liabilities under this Agreement  from and after the date of such notice. After we send you  written notice of such a transfer and assignment, SUNation  Energy, LLC will no longer have any obligations to you under this Agreement. You may not assign this Agreement  without our prior written consent. In addition, the Project Owner  may, without your consent, (a) assign, mortgage, pledge or  collaterally assign its interests in this Agreement to any lender  or similar person providing financing for its business or affiliate’s  business, (b) assign this Agreement to its affiliate, or (c) assign  this Agreement to any party succeeding all or substantially all of  its assets. This Agreement is binding on and inures to the benefit  of the successors and permitted assignees and may continue in  full force and effect as an obligation of your estate upon your  death or disability.  

Amendments and Waivers. Any waiver or amendment of the  provisions of this Agreement must be in writing and signed by  the Party against whom the waiver or Amendment is being  enforced. Your or our failure to enforce any term of this  Agreement will not be deemed to be a waiver. Your or our  exercise of any right or remedy under this Agreement will not  constitute a waiver of any other right or remedy provide in this  Agreement or by applicable law. Any waiver of a default or other  matter under this Agreement will not, unless otherwise expressly  stated in writing, waive any subsequent default or other matter.  

Severable Provisions. If any provision of this Agreement is  determined to be illegal or unenforceable, such determination  will not affect any other provision of this Agreement and all other  provisions of this Agreement will remain in full force and effect.  

Entire Agreement. This Agreement embodies the entire  agreement and understanding of the Parties and supersedes all  prior or contemporaneous agreements and understandings of  the Parties, verbal or written, relating to the subject matter  hereof.  

Not a Utility, Electricity Supplier or Broker. You acknowledge  that we are not, and that our services to you and sale of Net  Metering Credit under this Agreement will not cause us to  become, an electric utility, a generation company, an aggregator  or supplier, an energy marketer or energy broker, as those terms  are defined in under New York law. If we are reasonably likely  to become subject to regulation, then you agree to cooperate  and assist us and restructure our relationship under this  Agreement to preserve the parties relative economic interests  and ensuring that we do not become subject to any such  regulation. If we are unable to agree upon the terms of such  restructuring, we will have the right to terminate this Agreement  without liability.  

Governing Law. This Agreement shall be governed by, and  interpreted and construed in accordance with, the laws of the  State of New York, excluding any choice of law rules that might  direct the application of the laws of a different jurisdiction,  irrespective of the places of execution or of the order in which  signatures of the Parties are affixed or of the place of  performance.  

Binding Arbitration. To the extent permitted by applicable law,  the Parties hereby agree all disputes or claims between them,  including any arising under this Agreement will be settled at the  election of either party without the consent of the other Party by  binding arbitration administered by the American Arbitration  Association (the “AAA”) regardless of the legal or equitable  basis for such claim or the type of relief being sought. The seat  or place of arbitration shall be in Suffolk County, State of New  York. The arbitration shall be conducted and the award shall be  rendered in the English language. Except as may be required by  law, neither a party nor the arbitrator(s) may disclose the  existence, content or results of any arbitration without the prior  written consent of both parties, unless to protect or pursue a  legal right. The arbitrator(s) will have no authority to award  

punitive damages, consequential damages, or liquidated  damages. Neither you nor we agree to any arbitration on a class  or representative basis and no arbitrator will have the authority  to proceed on such a basis for any claim arising under this  Agreement. IN THE ABSENCE OF THE AGREEMENT TO  ARBITRATE IN THIS SECTION, EXCEPT IN CONNECTION  WITH ANY CLASS ACTION, YOU AND WE MAY HAVE HAD A  RIGHT TO BRING A DISPUTE OR CLAIM UNDER THIS  AGREEMENT IN COURT OR BEFORE A JUDGE OR JURY.  CERTAIN RIGHTS THAT YOU MAY HAVE HAD IN COURT  MAY BE MORE LIMITED. EXCEPT AS PROVIDED IN THIS  SECTION AND IN THE AAA RULES AND REGULATIONS, THE  PARTIES HEREBY WAIVE SUCH RIGHTS. You may obtain  information about initiating a claim with the AAA and copies of  the current rules by contacting the AAA at 335 Madison Avenue,  New York NY 10017-4605, www.adr.org, or 800-778-7879.  

Limitations of Liability. NEITHER WE NOR OUR MEMBERS,  DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,  REPRESENTATIVES, SUBCONTRACTORS, SUPPLIERS,  SUBSIDIARIES, AFFILIATES, SUCCESSORS, OR ASSIGNS  WILL BE LIABLE FOR ANY INDIRECT, SPECIAL,  INCIDENTAL, EXEMPLARY, LIQUIDATED, PUNITIVE, OR  CONSEQUENTIAL LOSS OR DAMAGE OF ANY NATURE  ARISING OUT OF THEIR PERFORMANCE OR NON 

PERFORMANCE HEREUNDER. OUR AGGREGATE  LIABILITY UNDER THIS AGREEMENT ARISING OUT OF OR  IN CONNECTION WITH THE PERFORMANCE OR NON PERFORMANCE OF THIS AGREEMENT WILL NOT EXCEED  THE AMOUNT OF THE MOST RECENT MONTHLY PAYMENT  MADE YOU UNDER THIS AGREEMENT AS OF THE DATE  THAT THE EVENTS THAT FIRST GAVE RISE TO SUCH  LIABILITY OCCURRED OR THE PREVOIUS MONTHS’  PAYMENTS PRECEDING THE DATE THAT THE EVENTS  THAT FIRST GAVE RISE TO SUCH LIABILITY OCCURRED.  THE PROVISIONS OF THIS SECTION WILL APPLY  WHETHER SUCH LIABILITY ARISES IN CONTRACT, TORT  (INCLUDING NEGLIGENCE), STRICT LIABILITY,  WARRANTY, OR ANY OTHER LEGAL THEORY, WHETHER  OR NOT WE HAVE BEEN INFORMED OF THE POSSIBLITY  OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FOTH  HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL  PURPOSE.  

Consent to Receive Electronic Communications. SUNation  Energy LLC delivers communications to you electronically. We  may amend this policy at any time by posting a revised version  on our website, www.sunation.com or other secure Customer  portal. The revised version will be effective at the time we post  it. In addition, if the revised version includes a substantial  change, we will endeavor to provide you with thirty (30) days  prior notice by posting notice of the change on our website. You  agree and consent to receive electronically all communications,  agreements, documents, billing statements, notices and  disclosures (collectively, “Communications”) that we provide in  connection with your Community Solar Net Metering Credit  Allocation Agreement or your Community Solar Project. We will  provide these Communications to you by emailing them to you  at the primary email address provided by you in your Community  Solar Net Metering Credit Allocation Agreement and updating  the secure Customer portal. It is your responsibility to keep your  primary email address up to date so that we can communicate  with you electronically. You understand and agree that if we  send you an electronic Communication but you do not receive it  because your primary email address on file is incorrect, filtered  by your email system as junk or spam, out of date, blocked by  your service provider, or you are otherwise unable to receive  electronic Communications, we will be deemed to have provided the Communication to you. Please note that if you use a spam  filter that blocks or re-routes emails from senders not listed in  your email address book, you must add SUNation Energy LLC  to your email address book so that you will be able to receive  the Communications we send to you.  

Authorization For Automatic ACH Direct-Debit Payments.  This attachment describes how SUNation Energy, or if  SUNation Energy transfers or assigns this Agreement then the  Project Owner to which the Agreement is transferred or  assigned, will provide and operate Automatic ACH Direct-Debit  payment (“Automatic Debit”) for your participation in this  Community Solar Project. By using Automatic Debit, your  monthly payment under the Community Solar Net Metering  Credit Allocation Agreement will be debited automatically on the  payment due date from an account you designate. Please  complete all the required fields on this form. Information  provided on this Automatic Debit Authorization form will be used  by SUNation Energy and/or the Project Owner to whom this  Agreement is assigned and your financial institution to complete  the enrollment process.  

I (we) hereby authorize and request SUNation Energy or the  Project Owner to whom the COMMUNITY SOLAR NET  METERING CREDIT ALLOCATION AGREEMENT between me  (us) and SUNation Energy (the “Agreement”) is assigned to  initiate Automatic Debit or effect a charge by any other  commercially accepted practice from my (our) checking account  or savings account indicated above at the financial institution  named above. I (we) authorize and request said financial  institution to honor the Automatic Debit initiated by SUNation  Energy or the Project Owner to whom the Agreement is  assigned and to debit such account. This authorization is for  monthly Automatic Debits in an amount equal to the monthly  payment due under the Agreement. If my (our) payment is  returned unpaid, I (we) authorize SUNation Energy or the  Project Owner to whom the Agreement is assigned to make a  one-time electronic fund transfer from my (our) account to collect  a fee of $20. I (we) acknowledge that the origination of  Automatic Debit transactions to my (our) account, must comply  with the provisions of U.S. law and the rules and operating  guidelines of NACHA – The Electronic Payments Association  (formerly known as the National Automated Clearing House  Association). This authorization is to remain in effect until either:  (1) all payments required by the Agreement, except final  payment, have been made (I (we) will receive a statement for  final payment) or (2) SUNation Energy or the Project Owner to  whom the Agreement is assigned has received written  notification from me (or either of us) of the termination of this  authorization. SUNation Energy reserves the right to terminate  Automatic Debit at any time with written notice to me (us).  

Important Automatic Debit Disclosure Information  

Your Initial Resolution Notice: In case of errors, questions  about your electronic transfer or if you think your statement or  receipt is wrong or if you need more information about a transfer  listed on the statement or receipt call us at 631-676-1790 or write  to us at the address below immediately. We must hear from you no  later than 60 days after we sent the FIRST statement on which  the problem or error appeared. If you tell us orally, we may  require that you send us your complaint or question in writing  within 10 business days. We will determine whether an error  occurred within 10 calendar days after we hear from you and will  correct any error promptly. If we need more time, however, we  may take up to 45 days to investigate your complaint or  question. We may credit your account within 10 calendar days  for the amount you think is in error, so that you  

will have the use of the money during the time it takes us to  complete our investigation. If we ask you to put your complaint  or question in writing and we do not receive it within 10 business  days, we may not credit your account. For errors involving new  accounts, we may take up to 90 days to investigate your  complaint or question. For new accounts, we may take up to 20  business days to credit your account for the amount you think is  in error. We will tell you the results within 3 business days after  completing our investigation. If we decide that there was no  error, we will send you a written explanation. You may ask for  copies of the documents that we used in our investigation.  

In the case of Unauthorized Transfers or to Terminate  Automatic Debit Payments : If you believe that someone has  transferred or may transfer money from your account without  your permission, please contact us at 631-676-1790 or write:  

SUNation Energy – Community Solar Billing  

171 Remington Blvd  

Ronkonkoma, NY 11779  

Confidentiality: We will only disclose information to third  parties about your account or the transfers you make: 1) where  it is necessary for completing transfers; 2) in order to verify the  existence and condition of your account for a third party, such a  credit bureau or merchant; 3) in order to comply with  government agency or court orders; or 4) if you give us written  permission.