Acknowledgement of System Size

ACKNOWLEDGEMENT OF SYSTEM SIZE

Parties and Project

Client Name:

Provider / Installer:

Recitals

WHEREAS, Client has engaged Provider to design and install a photovoltaic or energy generation system (the "System") at the Project Address to serve identified load and qualify for agreed incentives; and

WHEREAS, the parties have agreed that the System shall have a nameplate nominal capacity described below and that such capacity will be used as the basis for permitting, interconnection, and incentive applications unless otherwise modified by written Change Order; and

WHEREAS, the parties acknowledge that measured installed capacity may vary from design capacity within an agreed tolerance, and that material deviations outside that tolerance may require adjustments to compensation, incentives, or system documentation.

System Size and Technical Description

Nameplate DC Capacity (STC): kW     Nameplate AC Capacity: kW

Number of Modules:     Typical Module Rating:

Inverter(s) — Qty/Model/Rating:

Estimated Annual Production (site-specific estimate):

Design Losses Assumed (%): %     Acceptable Variance Between Designed and Installed Nameplate Capacity: %

Scope of Work

Acceptance of System Size

Client acknowledges that the System size stated herein is based on Provider's design and site assessment. Client further acknowledges that final installed nameplate capacity will be determined by as-built documentation and manufacturer nameplate ratings. If the actual installed nameplate capacity differs from the designed nameplate capacity by more than the Acceptable Variance specified above, the parties shall execute a written Change Order to address (i) any adjustments to compensation or incentives, (ii) revised permitting or interconnection submissions, and (iii) alterations to equipment lists or warranties.

Measurement, Testing, and Commissioning

Final measurement of installed capacity shall be performed by Provider upon completion of installation and prior to final payment. Measurements shall be based on manufacturer nameplate ratings, inverter commissioning reports, and standard industry procedures. Any discrepancy in measurement methodology shall be resolved by a mutually agreed independent verifier at the expense of the party found not in compliance with the agreed measurement protocol.

Payment Terms

Late fee: % per month on past due amounts, compounded monthly, and Provider may suspend work after ten (10) days' written notice of nonpayment.

Term and Termination

Term Commencement Date:     Anticipated Completion / Term End Date:

Either party may terminate this Acknowledgement upon written notice to the other if the other party materially breaches any material obligation and fails to cure such breach within days after receipt of written notice. Termination shall not relieve Client of obligations to pay for work performed and materials supplied through the effective date of termination, subject to applicable offsets and credits.

Confidentiality

Each party shall maintain in confidence and shall not disclose any Confidential Information of the other party disclosed in connection with this Acknowledgement. "Confidential Information" includes design specifications, system sizing calculations, pricing, and incentive documentation. Confidential Information does not include information that (i) is or becomes generally available to the public other than as a result of a breach of this clause; (ii) was already known to the receiving party at the time of disclosure; or (iii) is required to be disclosed by law, provided that the disclosing party is given prompt notice and an opportunity to oppose or limit such disclosure. The obligations of confidentiality survive termination for a period of three (3) years.

Warranty of Authority; Certifications

Each signatory below certifies that they are duly authorized to execute this Acknowledgement on behalf of the party they represent, and that the party has the legal capacity to enter into this agreement. Provider represents that system sizing information is based on commercially reasonable design practices and available site information.

Governing Law

This Acknowledgement shall be governed by and construed in accordance with the substantive laws of the governing jurisdiction agreed by the parties: , without regard to choice-of-law rules.

Entire Agreement

This Acknowledgement, together with any referenced design documents, proposals, and executed Change Orders, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, proposals, and communications, whether written or oral. No amendment shall be effective unless in writing and signed by authorized representatives of both parties.

Additional Provisions

Independent Contractor: Provider performs services as an independent contractor and is solely responsible for its employees, subcontractors, and compliance with applicable safety and permit requirements.

Remedies: The remedies provided in this Acknowledgement are cumulative and in addition to any other remedies available at law or in equity.

Acknowledgement

By signing below, the parties acknowledge that they have read, understood, and agree to be bound by the terms and conditions of this Acknowledgement of System Size and that the data provided above accurately reflects the current design intent for the System.

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