Legal Document: SUNRUN INSTALLATIONS SERVICES, INC. vs JERLINE COMER

On November 08, 2022 a PLTF'S ORIG VERIFIED PET FOR POSSESSION OF was filed involving a dispute between and for CONTRACT, DEBT/CONTRACT in the District Court of Tarrant County.

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048-338354-22 FILED
TARRANT COUNTY
11/8/2022 2:03 PM
THOMAS A. WILDER
CAUSE NO. DISTRICT CLERK

SUNRUN INSTALLATIONS SERVICES, § IN THE DISTRICT COURT OF
INC., §
§
Plaintiff, §
§
v. § TARRANT COUNTY TEXAS
§
JERLINE COMER, §
§
Defendant. § JUDICIAL DISTRICT
§

PLAINTIFF’S ORIGINAL VERIFIED PETITION FOR POSSESSION OF
PERSONAL PROPERTY; BREACH OF EXPRESS CONTRACT AND COMMON
COUNTS

Plaintiff SUNRUN INSTALLATIONS SERVICES, INC. (hereinafter "Plaintiff"), alleges

as follows:

I.
DISCOVERY CONTROL PLAN

1. Plaintiff intends to conduct discovery under Level 2 of Texas Rule of Civil

Procedure 190.3.

II.
PARTIES

2. Defendant JERLINE COMER (hereinafter “Defendant”) may be served with

process at her usual abode located at 6829 Danieldale Dr., Fort Worth, TX 76137-6630, or

wherever she may be found.

III.
FACTS

1. On or about September 15, 2018, Defendant, for valuable consideration, made and

executed a Sunrun BrightSave™ Power Purchase Agreement (hereinafter the "Contract”).

Pursuant to the terms of the Contract, Defendant promised to purchase from Plaintiff all energy

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produced by a certain photovoltaic solar system (hereinafter the “Solar System”) installed on the

real property commonly known as 6829 Danieldale Dr, Fort Worth, TX 76137-663 (hereinafter

the “Subject Property”) from Plaintiff at the rates set forth in the Contract. A true and correct copy

of the Contract is attached hereto as Exhibit A and incorporated herein by reference.

2. Pursuant to the terms of the Contract, Plaintiff retained ownership of the Solar

System.

3. On or about August 24, 2022, Plaintiff duly recorded a UCC Financing Statement

(hereinafter the “Statement”) recorded in the Official Records, County of Tarrant. A true and

correct copy of the Statement is attached hereto as Exhibit B and incorporated herein by reference.

4. Plaintiff has performed all obligations on its part to be performed under the terms

of the Contract.

5. Defendant defaulted under the terms of the Contract by failing to make payments

when due.
IV.
FIRST CAUSE OF ACTION
(POSSESSION OF PERSONAL PROPERTY)

6. Plaintiff alleges and incorporates by reference the allegations contained in the

preceding paragraphs as if fully set forth herein.

7. The Contract provides that upon default by Defendant, Plaintiff is entitled to certain

remedies including but not limited to terminating the Contract and requiring the Defendant to pay

to it a payment equal to the prepayment of all future monthly payments to be made during the

initial term the (the “Make Whole Payment”) as more fully defined in the Contract. The Contract

further provides that the if Plaintiff elects to remove the Solar System, then in addition to the Make

Whole Payment, Defendant will be obligated to pay to Plaintiff an amount equal to the value of

any federal, state and local Incentives that Plaintiff must return as a result of such removal.

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8. As of the date of this Complaint, the Make Whole Payment due and owing to

Plaintiff under the Contract is in the amount of $25,452.00.

9. The Contract further provides that, upon default by Defendant, Plaintiff may

disconnect or take possession of the Solar System.

10. Based on the above-described default of Defendant, Plaintiff has made demand for

payment of the Make Whole Payment. Plaintiff intends service of this Complaint to act as a further

and additional request by Plaintiff for the payment of the Make Whole Payment and for the

immediate surrender and return of its Solar System.

11. By virtue of the foregoing facts, Plaintiff is entitled to immediate and exclusive

possession of the Solar System.

12. Plaintiff is informed and believes and based thereon alleges that prior to default,

Defendant had the power to possess and control the Solar System and hence continued to retain

possession of the Solar System for the purpose of deriving use and benefit therefrom.

13. Plaintiff is informed and believes that the Solar System is located at the Subject

Property.

14. Plaintiff is informed and believes and based thereon alleges that the Solar System

has not been taken for a tax assessment or fine pursuant to a statute or seized under an execution

against the Solar System.

15. As a result of the Defendant’s wrongful detention of the Solar System, Plaintiff has

suffered the loss of use and enjoyment of the Solar System.

16. Neither the filing of this case nor the statement of this cause of action are intended

to be construed as a waiver or other relinquishment of Plaintiff's rights to proceed against the Solar

System in any manner provided in the Contract or otherwise provided by law or in equity.

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V.
SECOND CAUSE OF ACTION
(BREACH OF EXPRESS CONTRACT)

17. Plaintiff hereby incorporates by reference the preceding paragraphs in this claim

for relief.

18. As a result of Defendant’s breach of the Contract, Plaintiff is entitled to immediate

payment of the Make Whole Payment.

19. Defendant has defaulted on the Contract and, despite demand therefor, is indebted

to Plaintiff in the amount of not less than $25,452.00.

VI.
THIRD CAUSE OF ACTION.
(UNJUST ENRICHMENT)

20. Plaintiff realleges and incorporates by reference the allegations contained in the

preceding paragraphs as if fully set forth herein.

21. As a result of the breach of the Contract by Defendant, Defendant has been unjustly

enriched at the expense of Plaintiff. Defendant has derived and continued to derive benefit from

failing to perform her obligations pursuant to the Contract.

22. Defendant is obligated to pay Plaintiff forthwith all amounts by which she has been

unjustly enriched in the sum of not less than $25,452.00.

VII.
FOURTH CAUSE OF ACTION
(REASONABLE VALUE)

23. Plaintiff realleges and incorporates by reference the allegations contained in the

preceding paragraphs as if fully set forth herein.

24. Defendant became indebted to Plaintiff for goods delivered and/or, services

provided, to Defendant and for which Defendant promised to pay Plaintiff a sum of not less than

$25,452.00.

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25. No part of the above sum has been paid, despite demand, and there is now due,

owing and unpaid to Plaintiff the current reasonable value of the goods delivered or, services

provided, by Plaintiff to Defendant a sum of not less than $25,452.00.

WHEREFORE, Plaintiff prays for judgment against Defendant, inclusive, as follows:

VIII.
ATTORNEYS' FEES

26. Plaintiff is entitled to recover reasonable and necessary attorney's fees under the

provisions of the Contract. By that agreement, Plaintiff is entitled to reasonable attorney's fees

and court costs if Plaintiff hires an attorney that is not Plaintiff's employee to enforce the Contract.

IX.
CONDITIONS PRECEDENT

27. All conditions precedent to Plaintiff's claims for relief have been performed or have

occurred.

X.
PRAYER

28. For these reasons, Plaintiff asks that Defendant, be cited to appear and answer and

that Plaintiff have judgment against Defendant for the following:

XI.
ON THE FIRST CAUSE OF ACTION

1. For possession of the Solar System or, if the Solar System cannot be delivered, for

its value; and
2. For damages caused by depreciation and deterioration of the Solar System

according to proof.

ON THE SECOND, THIRD AND FOURTH CAUSES OF ACTION

1. For damages in the amount of not less than $25,452.00.

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ON ALL CAUSES OF ACTION
1. For costs of suit incurred herein; and

2. For such other and further relief as this court may deem just and proper.

Respectfully submitted,

Paul A. Hoefker
Texas State Bar No. 09772800
phoefker@aldridgepite.com
ALDRIDGE PITE, LLP
701 N. Post Oak Road
Suite 205
Houston, TX 77024
TELEPHONE: (858) 750-7600
FACSIMILE: (619) 590-1385
Attorney for Plaintiff
SUNRUN INSTALLATIONS SERVICES, INC.

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EXHIBIT A
b. In addition, you agree to reimburse Sunrun for any taxes, including any associated interests and
penalties, assessed on the Solar System that Sunrun may incur.
c. To the extent that Sunrun seeks reimbursement from you, you agree that Sunrun may seek a full
reimbursement from you for the total amount incurred by Sunrun, impose a surcharge on your monthly
invoice to recover the total amount incurred by Sunrun over a period to be determined by Sunrun, or, at
its sole discretion, set up a separate payment plan with you to recover the total amount incurred by
Sunrun.
6. Changes to Payment Amounts
a. If a change pursuant to Section F increases the Upfront Payment after you have already paid it to
Sunrun, you agree to immediately pay Sunrun the increase in the Upfront Payment. Sunrun may
suspend installation until this payment is received.
b. You may request a pricing plan change; however, such request must be submitted to Sunrun’s Customer
Care Department 595 Market Street, 29th Floor, San Francisco, CA 94105, customercare@sunrun.com,
855-478-6786, before the earlier of (i) the date falling twenty-one (21) days after the date you signed the
Agreement and (ii) the commencement of installation of the Solar System.
7. Prepayment of Monthly Payments
a. At any time, you may prepay all of the expected Monthly Payments you will owe Sunrun during the
remaining portion of the Initial Term (“Prepayment”). Sunrun’s obligations under the Agreement will not
change if you make such a prepayment.
b. The Prepayment shall equal the remaining Monthly Payments for the current and remaining years
discounted by the lesser of (x) the prime rate plus 100 basis points (as published by the Wall Street
Journal) and (y) 5.0% (the “Prepayment”).
For example, if you decide to pre-pay the rest of your monthly payments in year 10, and the
applicable discount rate at the date of prepayment is 4.25%, you would pay Sunrun $19,771.
__

8. Late Payment. If Sunrun does not receive your payment by the due date listed on the invoice, Sunrun
may charge you an administrative late fee equal to the lesser of (i) one and a half (1.5%) percent per
month on the portion of your balance that is more than thirty (30) days past due, and (ii) the maximum
amount permitted under and subject to applicable law. This late fee is not an interest charge, finance
charge, time price differential or other such charge or payment of a similar nature.
9. Interconnection.
a. The point where the Solar System connects to the Home's connection to your Utility is called
“Interconnection.” For the purposes of calculating performance guarantee payments, if any, under
Section D, you agree that title to and risk of loss for the electric energy provided under this Agreement
shall pass from Sunrun to you when the electric energy reaches Interconnection. You further agree that
electrical energy provided under this Agreement is measured at the time when electrical energy reaches
Interconnection.
b. You agree to execute all documentation associated with interconnection, and any refund, credit, or
rebate program, promptly at the request of Sunrun, its representatives or affiliates, and/or the Utility. If
you do not return such documentation within seven calendar days following any such request, Sunrun
may terminate this Agreement or, with respect refund, credit, or rebate program documentation, invoice
you for an amount equal to the amount of rebates it otherwise would have received had you returned
such documentation.
10. Supplemental Energy; Rebates & Credits
a. All electric energy produced by the Solar System will be available to you for use at the Home pursuant to
this Agreement. If, at any time, you need more electric energy than is being produced by the Solar
System ("Supplemental Energy"), you will be responsible for purchasing that Supplemental Energy from
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another supplier, such as your Utility, and for paying any fees associated with such Supplemental Energy
that the other supplier may charge.
b. You agree that Sunrun alone will receive any credit, rebate, environmental attribute, or other payment or
offset (the “Incentive”) that may be attributable to the Solar System. All Incentives will be the sole
property of and transferable by Sunrun.
c. Notwithstanding anything to the contrary contained herein and without limiting the other rights, if any, of
Sunrun with respect to incentives attributable to the Solar System, you agree that Sunrun will receive any
federal tax credits that may be attributable to the Solar System, and that such federal tax credits will be
the sole property of and transferable by Sunrun. Sunrun’s expected federal tax credits associated with
the Solar System have been factored into the calculation of your Monthly Lease Payment.
d. If you purchase the Solar System from Sunrun, you will own and be entitled to proceeds from the sales of
solar renewable energy credits earned after the date you purchase the Solar System from Sunrun.

C. Our Warranties
1. Warranties
WE INSURE AND
a. Workmanship Warranty. We warrant our Work for a period of
twenty (20) years after installation (the “Warranty Period”), MAINTAIN THE
except as provided below with respect to our roof penetration
warranty. During the Warranty Period we will, at our expense,
repair or replace any material or Work covered under this SYSTEM FOR
Agreement. Our Workmanship Warranty includes but is not
limited to the following:
20 YEARS AFTER

INSTALLATION.

(i) Roof Penetration Warranty. We warrant that roof penetrations made by the Solar System and
impacting the Home’s roof will be weather-tight for a period of 10 years after installation.
(ii) Damage Warranty. We will either repair or reimburse you for damage we cause during installation to
the Home, your belongings or your property, as limited by Sections C(2), E and G.
(iii) Sunrun will maintain and repair the Solar System for the Initial Term and any Renewal Terms.
b. Equipment Warranty. Sunrun warrants all equipment for the duration of the Initial Term. If parts fail during
the term of this Agreement, Sunrun will use commercially reasonable efforts to replace them with like
equipment; however, you acknowledge that due to parts availability and other factors, this may not be
possible. Sunrun agrees that any change in equipment will not reduce the Guaranteed Output set forth in
Section D.
c. End of Term Warranty. At the end of the Initial Term or at the end of a Renewal Term, should either you
or Sunrun wish to end the Agreement, Sunrun will remove the Solar System at no cost to you and return
the Home to a condition similar to its condition prior to installation of the Solar System, excepting
ordinary wear and tear (including, but not limited to, wear and tear resulting from local weather
conditions) and wear and tear that can be expected due to the presence of the Solar System on the
Home for the 20-year term (including, but not limited to, uneven wear and tear and uneven discoloration).
2. Warranty Exceptions and Exclusions
a. The Roof Penetration Warranty shall be void and voidable if work is performed by you or your contractors
on the roof during the 10 year warranty period.
b. The Roof Penetration Warranty does not cover any (i) leaks that occur in areas of the Home’s roof not
impacted by the Solar System, (ii) pre-existing and/or underlying failures of the Home’s roof or (iii)
foreign objects acting on the Home’s roof (e.g. hail golf balls etc.).
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c. The Workmanship Warranty does not apply to the following:
(i) Work performed or materials used by anyone other than us or our Installation Partners;
(ii) Any materials that were modified, repaired or attempted to be repaired by anyone other than
Sunrun or its Installation Partners without Sunrun’s prior written approval;
(iii) Any damages resulting from your breach of the Agreement;
(iv) Any damage not caused by us, our Installation Partners or a Solar System defect;
(v) Damage resulting from ordinary wear and tear;
(vi) Damage resulting from mold, fungus and other organic pathogens;
(vii) Shrinking/cracking of grout and caulking;
(viii) Fading of paints and finishes exposed to sunlight; and
(ix) Damage caused by ball strikes

You acknowledge that installation of the Solar System may void any roofing warranty of the roof
manufacturer or roof installer. We assume no responsibility if our Work voids your roofing warranty.
Before installation, you should check with the roofer or builder concerning any impact the Solar System
will have on a roof warranty.
Your initials indicate that you have read, understood and accepted the provisions set forth in this section
C(2).
Agreed and accepted by: i \_______ (Initials)
3. Contacting Sunrun to Fix the Solar System. Sunrun will monitor the Solar System to proactively address
any problems that may arise. Nevertheless, if you think there is an issue with the Solar System that is
covered by any of the warranties specified above, please contact Sunrun at 855-478-6786 or by email at
customercare@sunrun.com. Sunrun will use commercially reasonable efforts to fix any issue covered by
a warranty as soon as possible after it becomes aware of such issue.

D. Performance Guarantee
1. Production Estimate
a. Sunrun estimates that the Solar System will be capable of generating 15,113 kilowatt-hours of electric
energy during its first year of operation. Actual production may vary due to natural variation in weather
patterns, the physical specifications of the Home’s roof(s), the required placement of the Solar System
on your roof, and other conditions. Your Monthly Lease Payment is not tied to the actual output of the
Solar System.
b. Due to expected panel degradation, Sunrun estimates that the Solar System will be capable of
generating 288,324 kilowatt-hours ("kWh") during the Initial Term (the “Estimated Output”).
2. Guaranteed Output. Subject to the conditions set forth in this Section D, Sunrun guarantees that the
Solar System will generate ninety-five percent (95%) of the Estimated Output during the Initial Term of
this Agreement as set forth in Exhibit A (the "Guaranteed Output"). Subject to the conditions set forth in
this Section D, Sunrun will issue you a refund if the Solar System does not generate the Guaranteed
Output.
Sunrun will not issue you a refund for any Solar System underproduction resulting from any system
failure or lost production caused by reasons other than (a) a Solar System defect, (b) shading due to the
weather or (c) shading conditions that were present at the Home at the commencement of installation.
For the avoidance of doubt, Sunrun will not issue you a refund for underproduction arising from any of
the following:
• Underproduction arising from your failure to comply with your obligations under the Agreement.
• Underproduction arising from shading conditions (other than weather) different from those that
were present at the Home at the commencement of installation.
• Underproduction as a result of a grid failure disabling the Solar System.

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• Underproduction arising from you causing or requesting the Solar System to be shut down or to
generate significantly less electric energy.
• Underproduction arising from damage to the Solar System caused by foreign objects acting on
the Solar System (e.g. hail, golf balls, etc.)
Sunrun makes no other representation, warranty or guarantee of any kind regarding the Solar System’s
actual or expected output or performance and any other express or implied warranties are hereby
disclaimed.
Your initials indicate that you have read, understood and accepted the provisions set forth in this Section
D(2).
Agreed and accepted by: i \_______ (Initials)
3. Overproduction. If, over the course of the Initial Term, the Solar System produces more energy than the
predicted Guaranteed Output, then the extra energy will be yours at no additional cost. Sunrun may use
this overproduction amount to offset future underproduction in a given period should the Actual Output
attributable to such period be less than the Guaranteed Output attributable to such period.
4. Actual Output and Refunds. On the 24 month anniversary of the In-Service Date and on every 24 month
anniversary thereafter (each, a “Guarantee Date”), Sunrun will calculate the "Actual Output" of the Solar
System. For the purposes of this Agreement, "Actual Output" shall mean the amount of electric energy
generated by the Solar System to date plus any kWh for which you have previously received a refund.
Subject to Section D(2), if the Actual Output is less than the Guaranteed Output for that Guarantee Date
set forth on Exhibit A, Sunrun will issue you a refund. This refund will be calculated by subtracting the
Actual Output for that Guarantee Date from the Guaranteed Output for that Guarantee Date, and
multiplying the result by the refund per kWh amount as set forth for that Guarantee Date on Exhibit A.

For example, if in year 10 the system was expected to have generated 62,000kWh cumulatively and
actual generation was 61,500, and your refund rate is $0.13, we will credit your account based on
the 500kWh the system fell short multiplied by your refund rate, i.e. 500kWh x $0.13 = $65.
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E. Design and Installation
1. Our Work; Description of Materials.
a. Our work on the Solar System includes:
(i) design, permitting and supply of the equipment and material typically necessary for a complete and
operable Solar System;
(ii) installation of the Solar System;
(iii) acquisition of approval from your Utility; and
(iv) assistance with any applicable rebate program paperwork set forth in Section B(10) (collectively, the
“Work”).

b. The primary equipment used for the Solar System will typically include a series of interconnected
photovoltaic panels, one or more inverters, racking materials, and a production meter. Other materials
generally used as the “balance of system” are disconnects, breakers, load centers, wires, and conduit.
2. Solar System Production and Energy Consumption Monitoring; Data.
a. Installation and Maintenance of Metering and Monitoring Equipment.

(i) Production Monitor. During installation or at any time thereafter during the Term, we may install or
replace production monitoring devices to measure the energy produced by the Solar System (the
“Production Monitor”). Through the Production Monitor, we will collect Solar System production and
performance data (“Performance Data”).

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(ii) Energy Consumption Monitor. During installation or at any time thereafter during the Term, we may
install or replace energy consumption monitoring devices (the “Consumption Monitor”). Through the
Consumption Monitor, we may collect and store information about energy usage at the Home
(“Usage Data”).

(iii) Access to Monitors. You acknowledge and agree that the Production Monitor and the Consumption
Monitor will be part of the Solar System, and that you must provide Sunrun with access to the Home
in order to install, operate, maintain, repair and replace the Production Monitor and the Consumption
Monitor.

(iv) Internet Connection. In order to ensure the proper functioning of the Production Monitor and the
Consumption Monitor, if possible, you must provide the Solar System with continuous access to a
functioning broadband internet connection with one (1) wired Ethernet port and standard electrical
outlet, at your cost. If you are unable to provide the Solar System with an internet connection in
accordance with the foregoing sentence, the Home must be located in an area with cellular service
that is acceptable to us in our discretion.

(v) Monitor Damage or Inaccuracy. Sunrun uses the Production Monitor to monitor and record your
electricity production, and promptly respond to any production issues. To the extent the Production
Monitor has any inaccuracies during any given period as a result of your actions or the actions of any
other person unrelated to Sunrun (including, without limitation, any failure to maintain internet
connection or cellular service as provided in clause (iv) above), Sunrun will deem that the Solar
System has produced 100% of Estimated Output during such period for purposes of the Production
Guarantee set forth in Section D. You will be responsible for any damage to the Production Monitor
or Consumption Monitor that is caused by you or any other person unrelated to Sunrun. If the
Production Monitor breaks or malfunctions other than as a result of your actions or the actions of any
other person unrelated to Sunrun, Sunrun will, in good faith, estimate the amount of electric energy
actually produced during the malfunction in order to determine whether you are owed a payment
under the Production Guarantee set forth in Section D.

b. Data Usage and Disclosure. We may combine the Usage Data and Performance Data with each other
and with other data, including, without limitation, personally identifiable information (collectively, “Data ”).
Our possible uses and disclosure of the Data are described in Exhibit E. We will never sell any
personally identifiable Data to a third party without your prior written consent.
c. Communications Equipment. During installation or at any time thereafter during the Term, we may install
or replace communication equipment (for example, an antenna) (the “Communication Equipment”) at the
Home. The Communication Equipment may or may not be used in connection with the Solar System. We
may use the Communication Equipment to improve the quality of cellular and/or internet connectivity in
your area. We may also sell the right to use the Communications Equipment in the manner described
above to a third party. You understand that consenting to the foregoing is not a condition of purchase.

Do you consent?

Xl Yes
l No
3. Design.
a. Sunrun or its Installation Partners will provide you with a preliminary Solar System design then will
schedule a time to visit your Home to confirm that the preliminary design will fit on your Home’s roof and
finalize the design (the “Site Survey”). The design of the Solar System is dependent on the physical
specifications of the Home’s roof(s), site conditions such as placement of ventilation systems, roof
conditions, etc., any of which may affect the placement of the Solar System on your roof. The Home’s
Solar System design will be finalized following a Site Survey of the Home by Sunrun.
b. The final design of the Solar System will be presented to you prior to installation. You will have five (5)
business days after receipt of the design to request a design change. Otherwise, you will be deemed to
have approved the Solar System design. Sunrun will use commercially reasonable efforts to
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accommodate requests for changes. With your written, deemed, or verbal approval, installation may
begin.
c. If, during or after the Site Survey, we discover any concealed or hidden conditions or issues with the
Home that may delay or prevent completion of the Solar System once we start installation, we will
explain the issue to you, determine if additional costs are required to correct the problem and, if so,
propose a change order. It may be necessary that you undertake site preparation prior to installation.
4. Installation
a. Installation will be performed by Sunrun's licensed, bonded affiliate, Sunrun Installation Services Inc., or
by another licensed, bonded contractor (an “Installation Partner”) that meets Sunrun's quality standards.
Sunrun requires its Installation Partners to employ licensed personnel as required by applicable state
law, regulations or codes, and to carry insurance as set forth in Section G(6) below.
b. Sunrun or its Installation Partners will obtain any permits needed for installation of the Solar System. You
agree to cooperate with Sunrun and assist Sunrun in obtaining any permits needed, including any
interconnection agreement or other documentation required to interconnect the Solar System with your
Utility.
c. If Sunrun or its Installation Partner damages the Home during installation, we will repair the damage we
caused at no cost to you.
d. Sunrun, its Installation Partners and agents shall keep the Home reasonably free from waste materials or
rubbish caused by their operations. Prior to the In-Service Date, Sunrun and its agents shall remove all
tools, construction/installation equipment, machinery, waste materials and rubbish from and around the
Home.
e. Sunrun reserves the right, at Sunrun’s sole discretion, to install a critter guard with the Solar System.
Guards can help protect the Solar System from pests or rodents that can damage components of the
Solar System.
5. Access to the Home
a. You agree to grant Sunrun and its Installation Partners access to the Home for the purpose of designing,
installing, operating, testing the Solar System and performing Sunrun’s obligations under this Agreement.
Sunrun agrees to give you reasonable notice when Sunrun needs to access the Home for any of the
foregoing purposes and will endeavor to restrict such access to normal business hours.
b. When requested by Sunrun or when necessary, you agree to allow Sunrun and construction
professionals (an engineer, architect, or licensed contractor or their representative) hired by Sunrun to
access the Home to inspect any buildings, including roofs, prior to installation of the Solar System to
ensure that the Home can accommodate the Solar System.
c. You must provide us with power and water for use during installation.
d. You agree to make best efforts to provide a safe and secure work environment for Sunrun and its
Installation Partners at the Home throughout Solar System installation, the Initial Term and any Renewal
Terms
6. Miscellaneous.
a. Sunrun has the authority and sole discretion to use Installation Partners or agents to perform or assist
Sunrun in performing Sunrun's obligations.
b. If Work excluded from this Agreement in Section E(7) must be performed in order to properly effect the
installation of the Solar System, you agree to contract separately, and at your own expense, with a
contractor who has been designated by or approved by Sunrun to perform such obligation. In this
instance, Sunrun will not unreasonably withhold such approval.
c. If you plan to move or temporarily disconnect the Solar System to allow for maintenance of and/or repair
to the Home, you agree, at your expense, either (i) to hire Sunrun to perform this work or (ii) to obtain
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Sunrun's approval of your contractor, who you agree must carry commercial general liability policy in an
amount not less than one million ($1,000,000) dollars per occurrence and name “Sunrun Installation
Services Inc. and its successor or assigns”, as additional insureds.
d. You agree that you will not make any modifications, improvements, revisions or additions to the Solar
System or take any other actions that could damage or void any applicable warranty set forth in Section
C without Sunrun’s prior written consent. If you make any modifications, improvements, revisions or
additions to the Solar System, they will become part of the Solar System and shall be Sunrun’s sole
property.
e. If applicable programs exist in your utility service area, you agree to allow Sunrun, from time to time, to
remotely administer and operate the Solar System in connection with demand response or other
programs to optimize your electricity costs or to maintain the reliability of the electrical grid.
7. Exclusions. We do not do or provide any of the following under this Agreement:
a. removal or disposal of any material containing asbestos or any other hazardous material;
b. movement of your personal items around the Home;
c. upgrades to the electrical panel or electrical service or additional costs associated with moving the
current electrical meter;
d. installation or repair of fences;
e. repair of any pre-existing roofing damage resulting from a substandard roof or pre-existing substandard
roof installation work;
f. structural framing work for any part of the roof or structure, including concealed substandard framing;
g. correction of mistakes of another contractor or subcontractor (for example, if the Home was not built to
code);
h. removal and replacement of existing rot or insect infestation;
i. testing or remediation of mold, fungus, mildew or organic pathogens;
j. painting of conduit or other structural parts;
k. upgrades for Utility access requirements such as special locks or 24-hour access gates;
l. Homeowners Association (“HOA”) review, permitting or fees, however we will support your efforts to
coordinate with your HOA;
m. professional engineering services;
n. correction of structural integrity problems (for roof mounted systems) or evaluation and correction of
ground stability under or near the Solar System (for ground mounted systems);
o. removal of trees;
p. any studies or permitting beyond the basic building permit; or
q. monitoring services associated with any monitoring equipment that is provided directly by a manufacturer
and subject to the manufacturer’s terms and conditions.

F. Change Orders
If Sunrun requests a modification to the terms of the Agreement, Sunrun will notify you in writing of the
requested change and will ask you to accept the modified terms by executing a change order. Failure to
respond to a change order request within five (5) business days may lead to a cancellation of the Agreement
pursuant to Section H.

For example, if upon completing the Site Survey it is determined that the contracted system size will
not fit, and we have to reduce the system size by a panel or two we would create a change order
which reflects a lower monthly payment due to less production.
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G. Additional Information
1. Agreement Term
a. Initial Term. The Initial Term of the Agreement begins on the In-Service Date and continues in effect for
twenty (20) years following the In-Service Date, unless canceled or terminated earlier in accordance with
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the terms of this Agreement. Within a reasonable period of time following its occurrence, Sunrun will
notify you of the In-Service Date.
b. Renewal Term. At the end of the Initial Term, the Agreement will be automatically renewed for an
additional one-year term ("Renewal Term"). Sunrun will provide you with your new rate for electric energy
at the beginning of the Renewal Term and each successive Renewal Term, if any. The new price per
kWh shall be equal to ten percent (10%) less than the “average cost of electric energy” as established by
your Utility or its successor. “Average cost of electric energy” shall be the price you would otherwise pay
for electric energy to your Utility or its successor for the 12 months preceding the start of each Renewal
Term. The Agreement will continue to automatically renew for additional one-year terms at the end of
each Renewal Term. Sunrun will perform Sunrun's obligations under this agreement for as long as the
Solar System remains economically viable.
(i) Sunrun will make a good faith effort to notify you between thirty (30) and sixty (60) days before the
end of the Initial Term of (i) your end of term options and (ii) the estimated rate for electric energy in
the first Renewal Term (if applicable).
(ii) The Agreement will not automatically renew if either Party gives the other Party written notice of
termination (x) at least thirty (30) days prior to the expiration of the Initial Term or the applicable
Renewal Term, or (y) within fifteen (15) days after Sunrun provides you with the written estimated
rate for electric energy in the upcoming Renewal Term, whichever is later.
c. Upgrade of System. At the end of the Initial Term, you may upgrade the Solar System under a new
agreement with Sunrun. Your existing Agreement will be cancelled and Sunrun will design a new solar
system using upgraded equipment for the Home.
2. Termination
At the end of the Initial Term or at the end of a Renewal Term, should either you or Sunrun end the
Agreement, Sunrun will remove the Solar System at no cost to you. Written notice of termination must
be provided at least thirty (30) days prior to the expiration of the applicable term.

Subject to the exclusions set forth in S

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Document for SUNRUN INSTALLATIONS SERVICES, INC. vs JERLINE COMER

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Document for SUNRUN INSTALLATIONS SERVICES, INC. vs JERLINE COMER

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