Complaint,Petition: Sunrun Installation Services, Inc. v Serah Ogugua

On May 12, 2023 a Complaint,Petition was filed involving a dispute between Sunrun Installation Services, Inc., and Ogugua, Serah, for Contract - Consumer/Commercial/Debt in the District Court of Fort Bend County.

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Filed
5/12/2023 11:09 AM
Beverley McGrew Walker
District Clerk
Fort Bend County, Texas
Norma Sosa

CAUSE NO. 23-DCV-304076

SUNRUN INSTALLATION SERVICES, § IN THE DISTRICT COURT OF
INC., §
§
Plaintiff, §
Vv. § FORT BEND COUNTY TEXAS

SERAH OGUGUA, § Fort Bend County - 240th Judicial District Court
§
Defendant. § ____ JUDICIAL DISTRICT
§
PLAINTIFF’S ORIGINAL VERIFIED PETITION FOR POSSESSION OF
PERSONAL PROPERTY; BREACH OF EXPRESS CONTRACT AND COMMON
COUNTS

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

as follows:

I
DISCOVERY CONTROL PLAN

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

Procedure 190.3.

II.
PARTIES

2 Defendant SERAH OGUGUA (hereinafter “Defendant”) may be served with

process at her usual abode located at [iS | or wherever s\he

may be found.

III.
FACTS

I On or about September 27, 2019, 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

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

real property commonly known 2s iS (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 February 13, 2023, Plaintiff duly recorded a UCC Financing Statement

Contract (hereinafter the “UCC”) recorded in the Official Records, County of Fort Bend. A true

and correct copy of the UCC 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 provide Plaintiff

with the information, approvals and/or access to the Subject Property in order make the Solar

System fully operational.

6 On May 15, 2020, Plaintiff served upon Defendant a Notice of Material Breach

(“Breach Notice”) under the Contract pursuant to Section E(4)(b) for Defendant’s failure to enroll

with a Renewable Energy Provider (REP) as well as enroll with a solar buyback program to allow

approval to activate the solar system, and to remedy the breach immediately. A true and correct

copy of the Breach Notice is attached hereto as Exhibit C and incorporated herein by this

reference.

Iv,
FIRST CAUSE OF ACTION
(POSSESSION OF PERSONAL PROPERTY)
7
Plaintiff alleges and incorporates by reference the allegations contained in the

preceding paragraphs as if fully set forth herein.

Page - 2 -
8 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.

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

Plaintiff under the Contract is in the amount of $27,109.00.

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

disconnect or take possession of the Solar System.

Il. 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.

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

possession of the Solar System.

13. 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.

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

Property.

Page- 3 -
15. 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.

16. 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.

17. 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.

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

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

for relief.

19. As aresult of Defendant’s breach of the Contract, Plaintiff is entitled to immediate

payment of the Make Whole Payment.

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

to Plaintiff in the amount of not less than $27,109.00.

VI.
THIRD CAUSE OF ACTION.
(UNJUST ENRICHMENT)

ale Plaintiff realleges and incorporates by reference the allegations contained in the

preceding paragraphs as if fully set forth herein.

22. As aresult 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.

Page - 4 -
23. Defendant is obligated to pay Plaintiff forthwith all amounts by which she has been

unjustly enriched in the sum of not less than $27,109.00.

VII.
FOURTH CAUSE OF ACTION
(REASONABLE VALUE)

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

preceding paragraphs as if fully set forth herein.

23: 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

$27,109.00.

26. 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 $27,109.00.

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

VII.
ATTORNEYS' FEES

27. 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

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

occurred.

Xx.
PRAYER
29. For these reasons, Plaintiff asks that Defendant, be cited to appear and answer and

that Plaintiff have judgment against Defendant for the following:

Page- 5 -
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 $27,109.00.

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,

PAofo——
Paul A. Hoefker
Texas State Bar No. 09772800
phoefker@aldridgepite.com
ALDRIDGE PITE, LLP
2950 North Loop West, Suite 500
Houston, TX 77092
TELEPHONE: (858) 750-7600FACSIMILE:
(619) 590-1385
Attorney for Plaintiff
SUNRUN INSTALLATION SERVICES, INC

Page
- 6 -
VERIFICATION

The undersigned declares as follows:

My name is Gos eten sx) , and I am an employee of SUNRUN
INSTALLATION SERVICES INC., Plaintiff herein. I am authorized to make this Verification

for and on behalf of SUNRUN INSTALLATION SERVICES INC., and I make this Verification

for that reason. I have read the foregoing Petition and know its contents. The matters stated therein

are true of my own knowledge except as to those matters stated on information and belief and, as

to those matters, I believe them to be true.

I declare under penalty of perjury under the laws of the State of Texas that the foregoing is

true and correct.

Executed at Yous ville un on 05 bq
2023

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Page - 7 -
EXHIBIT A
DocuSign Envelope ID: 36DB3807-FB 1F-48CA-97C6-BSFF6CCA1BD6

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We provide hassle-free We monitor the system We warrant, insure, Selling your home?
design, permitting, and to ensure it runs maintain and repair We guarantee the buyer
installation. properly. the system. We will qualify to assume
also provide a 10- your agreement.
year roof warranty.

a
rR YOUR
You get a 8.12 kW DC Solar System

With 28 Solar Panels and 28 Inverter(s)

Which will produce an est. 11,248 kWh in its first year
, And offset approx.93% of your current, estimated
electricity usage
YOUR SALES REPRESENTATIVE:
jelson Tejada
nelson.tejada sunrun.com
(832) 666-0597
DocuSign Envelope ID: 36DB3807-FB 1F-48CA-97C6-BSFF6CCA1BD6

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This Power Purchase Agreement (the "Agreement") is entered into by and between Serah Ogugua
(‘Customer’” or “homeowner” or “you”) and Sunrun Installation Services Inc., a Delaware corporation,
together with its successors and Assignees (“Sunrun” or “we” together with Customer, the “Parties”, each a
“Party”), as of the Effective Date for the sale and purchase of all electric energy generated by a solar
photovoltaic system (the “Solar System”) to be installed on or at your home located at 7810 Taronga Ln
Richmond, TX 77407 (the “Home”). Sunrun is pleased to provide you with solar electric power for a twenty-
five (25) year term.
You are entitled to a completely filled out copy of this Agreement signed by both you and Sunrun before any
Work begins. This Agreement is effective as of 9/30/2019 (the “Effective Date”). The Effective Date listed in
the preceding sentence is the date on which the last Party signed this Agreement. Please read the entire
Agreement and ask any questions you may have.

Table of Contents
A Documents to be Incorporated into the Agreement Page 2
certain notices) incorporated into your Agreement.
lists Exhibits (includin.
B. Payment Terms, Rebates, & Credits Page 2
includes your payment terms, your payment schedule, any rebates and credits that you
or Sunrun may receive, and our late payment policy.
Cc Our Warranties Page 4
explains our equipment, workmanship, roof penetration, and damages warranties.
D Performance Guarantee Page 5
explains estimated performance of the Solar System.
Design and Installation Page 7
includes a description of the desi ign & installation process & the timeline for ae
Change Orders... age 9
explains the proce:
Additional Information Page 9
includes important information about the term of your Agreement, actions not included
in design and installation, dispute resolution, an Sunrun’s insurance coverage.
Notices of Right to Cancel Page 18
explains the Parties’ rights to cancel the Agreement.

A. Documents to be Incorporated Into the Agreement
Exhibit A: Monthly Payment Schedule and Prepayment Pricing
Exhibit B: Legal Notices
Exhibit C: Notice of Cancellation
Exhibit D: Payment Forms
Exhibit E: Data Usage and Disclosure
Exhibit F: System Specifications

B. Payment Terms, Rebates, and Credits
{
Payment Terms
Deposit (due at signing) $0 (the “Deposit”)
Initial Payment (due at Installation
Start Date’ $0 (the “Initial Payment”)
Sunrun Installation Services Inc. | 225 Bush Street, Suite 1400, San Francisco, CA 94104 | 888.GO.SOLAR | LIC:4
28447 Contract Version: 1.0 Generation Date: 9/27/2019 Proposal |D: ZN Version 2018Q4V1
DocuSign Envelope ID: 36DB3807-FB 1F-48CA-97C6-B5FF6CCA1BD6

= = =
Monthly Payments in Year One 5 per mon
~ | $109.67 month plus taxes, if applicable); reflects
$7.50 discount for electing Auto-Pay,
(the “Monthly Payments”)
‘Annual Percentag| |ePgease (the — | 29%
“Annual Increase”
Cost per kWh, Year One $0.117 , excluding Upfront Payment (if any)
2. Upfront Payment
The sum of the Deposit and Initial Payment is called the “Upfront Payment.” The Initial Payment and Monthly
Payment amounts may change if the final Solar System design differs from the preliminary Solar System
design (as further discussed in Section E and F below).

a. You agree to pay Sunrun the Deposit, Initial Payment and Monthly Payments in the amounts and on the
dates set forth above and in Exhibit A.
The Deposit and Initial Payment are payable to Sunrun Inc. by credit card, money order or a check
drawn on a United States bank account.
Monthly Invoicing and Billing Cycle
Billing Cycle and Due Dates. Your billing cycles run on a monthly basis. Your first billing cycle will begin
on the date the Solar System is placed in service by your Utility (the “In-Service Date”). Subsequent
billing cycles will begin on the same date each month (the “Billing Cycle Day”).

Each month, Sunrun will prepare a written or electronic invoice specifying the payment due from you to
Sunrun for the preceding billing cycle. You will receive this invoice within ten (10) days following the
conclusion of the preceding billing cycle and your payment for the preceding billing cycle will be due the
day before the next Billing Cycle Day.

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Sunrun reserves the right to update its billing systems froms time to time and will notify you if your
payment due date changes accordingly. You may also elect to make payments to Sunrun before the
Monthly Payment due date.
Payment Options. Monthly Payments are payable to Sunrun Inc. (i) by automatic withdrawal from your
checking or savings account or (ii) by check drawn on a United States bank account or (iii) by money
order.
A Returned Check Fee of Twenty-Five Dollars ($25.00) (or such lower amount as required by law) will be
assessed to you for any check or withdrawal right that is returned or refused by your bank.
Auto-Pay Discount
Monthly Payments shown in Section B(1) and Exhibit A assume payment by Automated Clearing House
(ACH) withdrawal from your checking or savings account (“Auto-Pay”) and include a $7.50 Auto-Pay
discount.
If you do not elect Auto-Pay, you will not receive an Auto-Pay Discount and, as a result, your Monthly
Payments will be $7.50 higher
per month than those reflected in Section B(1) and Exhibit A.

Payment of Taxes
The payments specified in Section B(1) above do not include taxes. If any taxes (including, but not
limited to, sales and transaction taxes and including any associated interest and penalties) are assessed
on these payments, the sale of electric energy, the Home, or the transaction itself, and are paid by
Sunrun rather than you, you agree to pay or reimburse Sunrun for all such taxes, except to the extent
that you are prohibited from doing so by applicable laws.

Sunrun Installation Services Inc. | 225 Bush Street, Suite 1400, San Francisco, CA 94104 | 888.GO.SOLAR | LIC:
28447 Contract Version: 1.0 Generation Date: 9/27/2019 Proposal |D: ZN Version 2018Q4V1 2
DocuSign Envelope ID: 36DB3807-FB 1F-48CA-97C6-BSFF6CCA1BD6

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.
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.
Changes to Payment Amounts
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.

You may request a pricing plan change; however, such request must be submitted to Sunrun’s Customer
Care Department 225 Bush Street, Suite 1400, San Francisco, CA 94104, 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.
Prepayment of Monthly Payments
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 this Agreement will not
change if you make such a prepayment.
The Prepayment shall equal the remaining Monthly Payments for the current and remaining years of the
Initial Term 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”’).
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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.Interconnection.
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.
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
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
another supplier, such as your Utility, and for paying any fees associated with such Supplemental Energy
that the other supplier may charge.
Sunrun Installation Services Inc. | 225 Bush Street, Suite 1400, San Francisco, CA 94104 | 888.GO.SOLAR | LIC:
28447 Contract Version: 1.0 Generation Date: 9/27/2019 Proposal |D: ZN Version 2018Q4V1 3
DocuSign Envelope ID: 36DB3807-FB1F-48CA-97C6-B5FF6CCA1BD6

b. You agree that Sunrun alone will receive any credit, rebate, environmental attribute, solar renewable
energy credit, or other payment or offset (“Incentives”) that may be attributable to the Solar System. All
Incentives will be the sole property of and transferable by Sunrun.
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 Payment.
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 Warran . We warrant our Work and the Solar
Systemtor
stem foraat period MAINTAIN THE
h of twenty -five (25) years after installation
(tl e “Warranty Period”), 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 SYSTEM FOR
covered under this Agreement. Our “Workmanship Warranty”
includes but is not limited to the following:
25 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 allequipment for the duration of the Initial Term. If parts fail during
the Initial 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.

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 25-year term (including, but not limited to, uneven wear and tear and uneven discoloration).
Warranty Exceptions and Exclusions
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.
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 or the associated roof penetrations, (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.).
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;
Sunrun Installation Services Inc. | 225 Bush Street, Suite 1400, San Francisco, CA 94104 | 888.GO.SOLAR | LIC:
28447 Contract Version: 1.0 Generation Date: 9/27/2019 Proposal ID: Version 2018Q4V1 4
DocuSign Envelope ID: 36DB3807-FB 1F-48CA-97C6-B5FF6CCA1BD6

(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:(so (Initials)
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.

Performance Guarantee
Production Estimate
Sunrun estimates that the Solar System will be capable of generating 11,248 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.
Due to expected panel degradation, Sunrun estimates that the Solar System will be capable of
generating 264,957 kilowatt-hours ("kWh") during the Initial Term (the “Estimated Output”).
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:

e 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.
. Underproduction arising from you causing or requesting the Solar System to be shut down or to
generate significantly less electric energy.
e Underproduction arising from damage to the Solar System caused by foreign objects acting on
the Solar System (e.g. hail, golf balls, etc.)
Sunrun Installation Services Inc. | 225 Bush Street, Suite 1400, San Francisco, CA 94104 | 888.GO.SOLAR | LIC:
28447 Contract Version: 1.0 Generation Date: 9/27/2019 Proposal ID: Version 2018Q4V1 5
DocuSign Envelope ID: 36DB3807-FB 1F-48CA-97C6-B5FF6CCA1BD6

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 bys(s0 (Initials)
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.

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 the last year of the Initial Term (year 25), the guarantee period will be 12 months.

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Design and Installation
Our Work; Description of Materials.
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;
(iil) acquisition of approval from your Utility; and
(iv) assistance with any applicable rebate program paperwork set forth in Section B(10) (collectively, the
“Work’).

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.

Solar System Production and Energy Consumption Monitoring; Data.
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”).

(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”).
Sunrun Installation Services Inc. | 225 Bush Street, Suite 1400, San Francisco, CA 94104 | 888.GO.SOLAR | LIC:
28447 Contract Version: 1.0 Generation Date: 9/27/2019 Proposal |D: ZN Version 2018Q4V1 6
DocuSign Envelope ID: 36DB3807-FB 1F-48CA-97C6-B5FF6CCA1BD6

(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 reasonable 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.

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.

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 ssSystem.
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 or
acondition to the entry of this Agreement.

Do you consent to the installation and use of the Communication Equipment as set forth above?

Design
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.
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
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
Sunrun Installation Services Inc. | 225 Bush Street, Suite 1400, San Francisco, CA 94104 | 888.GO.SOLAR | LIC:
28447 Contract Version: 1.0 Generation Date: 9/27/2019 Proposal ID: Version 2018Q4V

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Complaint,Petition: Sunrun Installation Services, Inc. v Serah Ogugua

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