Common use of Operating and Maintenance Clause in Contracts

Operating and Maintenance. Netsolar’s Managing Installer commissioned the Solar-Electric system upon final inspection. Once commissioned, Netsolar will monitor the operation of the Solar-Electric system. This is done on an as-needed basis with the Customer providing inverter kWh totals periodically to the Netsolar. This data will be utilized to analyze the condition and performance of the Solar-Electric system. Netsolar will be the exclusive source to maintain the Solar-Electric system in operational condition. Customer will make the Contract Address accessible and the Solar-Electric system available to Netsolar for maintenance and inspection during the Term of this Agreement at any reasonable time. In the event that the Solar-Electric system components are beyond repair in the field, Netsolar will pay all costs for shipment to the designated repair center and shall be liable for any loss or damage during transportation. Netsolar will replace components with functioning equivalents during the period of repair. Upon repair, Netsolar has the option to (i) return the components to the Customer and shall be liable for any loss or damage during transportation, and (ii) retain the original components and update the Commissioning Report. Such maintenance will be provided without charge to Customer for malfunctions and failures due to manufacturing defects and normal wear and tear. Maintenance required for other malfunctions and failure or damage such as caused by abuse, accident, or improper operation is covered under Section 5.2. Malfunction or failure of operation covered by this section will result in the reduction of Customer monthly payments as covered in Section 3. In no event will Netsolar be liable for any loss of profits, indirect, consequential or other damages resulting from any failure of the Solar-Electric system. If Netsolar’s performance of any obligation hereunder is delayed due to reasons beyond Netsolar’s reasonable control, the time for performance of such obligation will be postponed for a period equal to the number of days of such delay. In no event will Netsolar be liable for any damages resulting from any delay in the delivery of any component or any delay in the performance of any maintenance. The Customer will exercise due care in the use and operation of the Solar-Electric system and such use and operation shall be only according to written instructions provided by Netsolar. Customer will not use or operate the Solar-Electric system in any illegal manner or for any illegal purpose nor in violation of any law, ordinance or regulation. The Customer will not open the Solar-Electric system electronics enclosure housing, alter or repair or permit the alteration or repair of the Solar-Electric system, remove or relocate or permit the removal or relocation of the Solar- Electric system, or make any attachments thereto, without the prior written approval of Netsolar.

Operating and Maintenance. NetsolarProvider’s contracted Managing Installer commissioned will commission the Solar-Electric system System upon final inspection. Once commissioned, Netsolar Provider will monitor the operation opera- tion of the Solar-Electric systemSystem. This is done on an as-needed basis with the Customer providing inverter kWh totals periodically Performance monitored and data stored will relate to the Netsolarcondition of the components, the power generated by the PV panels, the power distributed to the utility, and the time in which the transfer of energy occurred. This data will be utilized reported to the Provider on a daily basis and uti- lized to analyze the condition and performance of the SolarSystem. Data will then be used to perform maintenance, reporting, and billing services. Unless another reporting service is provided by the Provider, System data is transmitted via the telephone line or the Internet. During the short transmission period, Customer may not be able to use the line for other purposes. The System must always be directly connected to a land-Electric systembased telephone line or the internet to perform reporting duties. Netsolar If it is not so con- nected, or if the line is not performing according to Provider’s requirements, Provider may suspend Service and take action to recover the System. Provider’s contracted Managing Installer will be the exclusive source to maintain the Solar-Electric system System and will maintain the System in operational conditioncondi- tion. Customer will make the Contract Address accessible and the Solar-Electric system System available to Netsolar Managing Installer for maintenance and inspection during the Term of this Agreement at any reasonable time. In the event that the Solar-Electric system System components are beyond repair in the field, Netsolar Provider will pay all costs for shipment to the designated repair center and shall be liable for any loss or damage during transportation. Netsolar Managing Installer will replace components with functioning equivalents during the period of repair. Upon repair, Netsolar Pro- vider has the option to (i) return the components to the Customer and shall be liable for any loss or damage during transportation, and (ii) retain the original components and update the Commissioning ReportComponent List. Such maintenance will be provided without charge to Customer for malfunctions and failures due to manufacturing defects and normal wear and tear. Maintenance required for other malfunctions and failure or damage such as caused by abuse, accidentac- cident, or improper operation is covered under Section 5.2. Malfunction or failure of operation covered by this section will result in the reduction of Customer monthly payments as covered in Section 3. In no event will Netsolar Provider be liable for any loss of profits, indirect, consequential consequen- tial or other damages resulting from any failure of the Solar-Electric systemSystem. If NetsolarProvider’s performance of any obligation hereunder is delayed due to reasons beyond NetsolarProvider’s reasonable control, the time for performance of such obligation will be postponed for a period equal to the number of days of such delay. In no event will Netsolar Provider be liable for any damages resulting from any delay in the delivery of any component or any delay in the performance of any maintenance. The Customer will exercise due care in the use and operation of the Solar-Electric system Sys- tem and such use and operation shall be only according to written instructions instruc- tions provided by NetsolarProvider. Customer will not use or operate the Solar-Electric system System in any illegal manner or for any illegal purpose nor in violation of any law, ordinance or regulation. The Customer will not open the Solar-Electric system System electronics enclosure housing, alter or repair or permit the alteration or repair of the Solar-Electric systemSys- tem, remove or relocate or permit the removal or relocation of the Solar- Electric systemSystem, or make any attachments thereto, without the prior written approval of NetsolarProvider.