Can this agreement be signed electronically?

Yes. Electronic signatures are generally enforceable in the United States under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, provided the signature demonstrates intent, consent, and record retention capabilities; exceptions may apply for certain documents.

When is notarization required?

Most commercial energy contracts do not require notarization; however, specific clauses, security interests, or local rules may require notarized acknowledgements or recorded instruments. Real-estate-related transfers typically require notarized deeds or filings with county records.

Are remote online notarizations (RON) acceptable?

Many states permit RON with identity proofing and audio‑video recordings. Check state notary rules; New York and a few others have limited RON regimes or special procedures to follow.

How do I handle health or personal data in the agreement?

If the project involves protected health information, include a HIPAA-compliant BAA and restrict access to PHI. Follow 45 CFR §164.530(j) for retention and ensure the eSignature provider supports HIPAA BAAs.

Can the agreement be amended after signing?

Yes. Amendments should be in writing and executed with the same formalities as the original agreement. For electronic amendments, capture signer intent and preserve an audit trail showing who agreed and when.

How do I revoke or cancel an executed agreement?

Revocation or termination rights depend on the contract terms. Follow notice, cure, and termination clauses precisely. For unilateral cancellations not permitted in the contract, parties face breach remedies rather than automatic revocation.

Electronic Signature
Templates
Miscellaneous
Energy Solutions Agreement

Energy Solutions Agreement

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

ENERGY SOLUTIONS AGREEMENT

This Energy Solutions Agreement (the Agreement) is entered into as of by and between Provider Name: with principal address at , and Client Name: with principal address at .

Recitals

WHEREAS, Provider is engaged in the design, supply, installation and commissioning of energy systems, including but not limited to energy efficiency measures, renewable energy systems and related monitoring and maintenance services; and

WHEREAS, Client desires to retain Provider to perform energy solutions services at the premises located at , and Provider is willing to provide such services under the terms and conditions set forth herein; and

WHEREAS, the parties intend for this Agreement to set forth the complete understanding and obligations of the parties with respect to the services described below.

Scope of Work

Description of Services

Provider shall perform the services described above in a professional and workmanlike manner consistent with industry standards. Provider will supply all labor, materials, equipment and supervision necessary to complete the work except as expressly set forth otherwise in writing.

Payment Terms

Total Contract Amount Deposit / Initial Payment Payment Schedule

All payments are due in accordance with the payment schedule above. Amounts unpaid after the applicable due date shall accrue interest at a rate of , calculated monthly, or the maximum rate permitted by law, whichever is less. Client shall be responsible for reasonable collection costs, including attorney fees, for amounts not timely paid.

Term and Termination

The term of this Agreement shall commence on and continue until , unless earlier terminated in accordance with this Agreement.

Either party may terminate this Agreement for material breach by the other party if the breaching party fails to cure the breach within days after receipt of written notice specifying the breach. Either party may also terminate for convenience upon days' written notice to the other party, subject to payment for services rendered through the effective date of termination and other accrued obligations.

Confidentiality

Each party (the Receiving Party) shall hold in confidence and shall not disclose to any third party any Confidential Information of the other party (the Disclosing Party) disclosed in connection with this Agreement. "Confidential Information" includes non-public financial, technical, operational, customer, or pricing information and any analyses, compilations, studies or other documents derived therefrom. The obligations set forth in this section do not apply to information that: (a) is or becomes publicly available through no fault of the Receiving Party; (b) is rightfully received from a third party without restriction; (c) is independently developed by the Receiving Party without use of the Disclosing Party's Confidential Information; or (d) is required to be disclosed by law, provided the Receiving Party gives prompt notice to the Disclosing Party and cooperates with reasonable efforts to obtain confidential treatment or protective orders.

Representations, Warranties and Disclaimer

Provider represents and warrants that Services will be performed in accordance with applicable laws and industry standards. Provider warrants that equipment supplied will be free from material defects for a period of from installation. EXCEPT AS EXPRESSLY PROVIDED HEREIN, PROVIDER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Indemnification and Liability

Each party shall indemnify, defend and hold harmless the other party from and against any third-party claims arising out of its gross negligence or willful misconduct. Except for liability arising from gross negligence, willful misconduct, or breaches of confidentiality, neither party's total aggregate liability for any claim arising under this Agreement shall exceed the total amounts paid by Client to Provider under this Agreement during the twelve (12) months preceding the claim.

Notices

All notices required or permitted under this Agreement shall be in writing and delivered by hand, certified mail (return receipt requested), or nationally recognized overnight courier to the addresses set forth below or such other addresses as the parties may specify in writing.

Provider Notices To Client Notices To

Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to its conflict of laws principles. Any dispute arising out of or relating to this Agreement shall be resolved by arbitration administered in accordance with the parties' agreement to arbitrate, or if arbitration is not elected by the parties, in the courts located in the county of the governing state.

Entire Agreement

This Agreement, including all exhibits, schedules and attachments expressly incorporated herein, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, negotiations and communications, whether written or oral. No amendment or modification of this Agreement shall be effective unless set forth in a writing signed by both parties.

Miscellaneous

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The parties are independent contractors and nothing in this Agreement shall create an employment, partnership, joint venture or agency relationship between the parties. The parties may execute this Agreement in counterparts, each of which shall be deemed an original.

Provider (Print Name):

By:

Date:

Client (Print Name):

By:

Date:

What an Energy Solutions Agreement Covers

An Energy Solutions Agreement is a written contract between a provider of energy systems or services and a customer that defines scope, responsibilities, performance metrics, pricing, installation and commissioning, operation and maintenance, warranty and liability allocations, permitting and interconnection responsibilities, intellectual property rights for controls or software, confidentiality obligations, dispute resolution, and the effective and termination dates. The agreement governs commercial, industrial, or large residential energy projects such as solar installations, battery storage, efficiency upgrades, microgrids, demand response, and energy-as-a-service arrangements.

Why a Clear Energy Solutions Agreement Matters

A well-drafted Energy Solutions Agreement sets expectations for energy output, payment, performance guarantees, and risk allocation. It reduces ambiguity, limits exposure to regulatory or contractual disputes, enables financing and incentives, and documents acceptance criteria and remedies for underperformance.

Who Typically Prepares and Signs These Agreements

Parties on both sides should confirm signing authority, insurance coverage, and any required regulatory approvals before execution.

Energy developers and EPC contractors managing design, build, and handover responsibilities.
Commercial and industrial facility managers procuring performance or energy-as-a-service contracts.
Legal, procurement, and compliance teams reviewing warranties, liability, and regulatory clauses.

Representative Signer Profiles

Provider — COO

A chief operating officer or authorized contracts manager typically signs for the energy provider. They confirm technical scope, price schedules, warranties, and delegated signing authority consistent with corporate resolutions.

Customer — Facilities

A facilities director, energy manager, or procurement officer signs for the customer. They verify site access, acceptance testing criteria, payment terms, and internal budget or financing approvals before execution.

Key Compliance and Security Elements to Include

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest

Audit Trail: Timestamped logs and signer attribution

Access Controls: Role-based access and SSO where available

BAA Availability: HIPAA BAA required for PHI handling

eSignature Law: ESIGN and UETA compliance

Retention: Tamper-evident storage and exportable records

Common Legal and Financial Risks

Contract Dispute: Costly litigation or arbitration

Regulatory Fines: Noncompliance with utility rules

Delay Costs: Penalties for missed milestones

Incorrect Signatures: Potential invalidation risk

Warranty Exposure: Undefined warranty scope

Tax Implications: Incentive or financing errors

Frequent Mistakes to Avoid While Preparing the Agreement

Leaving performance metrics vague — define measurable output, test methods, and acceptance windows to avoid disputes and payment delays.
Omitting interconnection and permitting responsibilities — clarify who secures permits, pays fees, and addresses utility requirements.
Failing to confirm signatory authority or corporate resolutions — unsigned authority can delay financing or invalidate signatures.
Not aligning payment milestones with acceptance testing — link invoices to clear, documented acceptance criteria to reduce collection risk.

How to Complete an Energy Solutions Agreement

Follow an ordered process from preparation through signature to reduce errors and ensure enforceability.

01

Prepare: Gather project specs, permits, and financing details for the agreement.
02

Draft: Define scope, deliverables, pricing, timelines, and warranties in clear clauses.
03

Review: Legal and technical teams verify liabilities, insurance, and interconnection terms.
04

Sign: Collect authorized signatures and store executed copies securely.

Typical eSubmission and Signing Workflow

Digital execution follows a standard sequence that captures signer identity, consent, and an audit trail to support legal enforceability.

Upload: Sender uploads final agreement PDF or DOCX to the eSignature platform.
Prepare Fields: Place signature, initial, date, and conditional fields where required.
Authenticate: Signer authenticates via email link, SMS code, or stronger methods as needed.
Complete: Signed document and certificate of completion are recorded and distributed.

Configuring a Digital Workflow for This Agreement

Set up fields, signer order, and authentication to match the agreement's legal and operational needs.

Field	Configuration
Authentication Method	Email link, SMS code, or KBA as required by risk level
Field Types	Signatures, initials, dates, checkboxes, and numeric fields
Conditional Logic	Show or hide clauses based on selections or contract options
Notifications	Automatic reminders and completion alerts for stakeholders

Technical Considerations for eSigning and Integration

Ensure chosen platform provides tamper-evident storage, detailed audit logs, and exportable signed documents for compliance and audit purposes.

File Formats: PDF and DOCX support required
Integrations: Salesforce, NetSuite, or ERP connectors
Authentication: SMS, email, or advanced signer verification

Typical Dates and Timeframes to Track in the Agreement

Include explicit dates and notice periods to avoid ambiguity about performance, billing, and termination.

Effective Date:

Date obligations begin and triggers any time-based warranties

Installation Deadline:

Final date for physical installation and site commissioning

Acceptance Testing Window:

Period allotted for performance verification after commissioning

Invoice Due Date:

Payment terms tied to milestones or monthly billing cycles

Warranty Start:

When warranty coverage begins and its duration

Key Milestones from Contract Signing to Closeout

A milestone timeline clarifies responsibilities and acceptance points across the project lifecycle.

01

Negotiation

Finalize scope, pricing, and risk allocation before signing.

02

Execution

Obtain authorized signatures and distribute executed agreement copies.

03

Implementation

Perform installation, interconnection, and commissioning tasks.

04

Closeout

Complete acceptance testing, final invoicing, and warranty activation.

How an Energy Solutions Agreement Differs from Common Contract Types

Compare the Energy Solutions Agreement to other common commercial contracts to choose the right format for your project.

Criteria	Energy Solutions Agreement	Master Services Agreement
Scope Focus	system performance and energy delivery	ongoing services and maintenance
Pricing Model	ppa, fixed price, or subscription	time and materials or retainer
Performance Metrics	kpi-based guarantees and acceptance tests	service-level targets
Typical Use	capital projects, ppas, storage	multi-site managed services

eSignature Vendor Pricing and Feature Snapshot for Contract Execution

Basic platform features and pricing models vary; select a provider that supports your required compliance, bulk send, and document volume needs.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial, no card	Varies by plan or vendor	Varies by plan or vendor	Varies by plan or vendor	Varies by plan or vendor
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Frequently Asked Questions About Energy Solutions Agreements

Answers to common execution, validity, notarization, and amendment questions when using electronic workflows and eSignatures.

Need help? Contact support

Can this agreement be signed electronically?
Yes. Electronic signatures are generally enforceable in the United States under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, provided the signature demonstrates intent, consent, and record retention capabilities; exceptions may apply for certain documents.
When is notarization required?
Most commercial energy contracts do not require notarization; however, specific clauses, security interests, or local rules may require notarized acknowledgements or recorded instruments. Real-estate-related transfers typically require notarized deeds or filings with county records.
Are remote online notarizations (RON) acceptable?
Many states permit RON with identity proofing and audio‑video recordings. Check state notary rules; New York and a few others have limited RON regimes or special procedures to follow.
How do I handle health or personal data in the agreement?
If the project involves protected health information, include a HIPAA-compliant BAA and restrict access to PHI. Follow 45 CFR §164.530(j) for retention and ensure the eSignature provider supports HIPAA BAAs.
Can the agreement be amended after signing?
Yes. Amendments should be in writing and executed with the same formalities as the original agreement. For electronic amendments, capture signer intent and preserve an audit trail showing who agreed and when.
How do I revoke or cancel an executed agreement?
Revocation or termination rights depend on the contract terms. Follow notice, cure, and termination clauses precisely. For unilateral cancellations not permitted in the contract, parties face breach remedies rather than automatic revocation.

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