UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 20549

FORM 8-K

CURRENT REPORT PURSUANT
TO SECTION 13 OR 15(D) OF THE
SECURITIES EXCHANGE ACT OF 1934

Date of report (Date of earliest event reported): September 13, 2010

Sunvalley Solar, Inc.
(Exact name of small business issuer as specified in its charter)

Nevada
20-8415633
(State or other jurisdiction of incorporation or organization)
(IRS Employer Identification No.)
 
398 Lemon Creek Dr., Suite A, Walnut, CA 91789
(Address of principal executive offices)

(909) 598-0618
(Issuer’s telephone number)

_______________________________________________________
(Former name or former address, if changed since last report)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):

   [ ]   Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

   [ ]   Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

   [ ]   Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

   [ ]   Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
 
 
 

 

SECTION 8 – Other Events

Item 8.01     Other Events

On September 13, 2010, we issued a press release regarding our agreement with TianWei SolarFilms Co.  Our relationship with TianWei SolarFilms Co. is governed by a Distribution Contract, a copy of which is filed herewith as Exhibit 99.1

On September 15, 2010, we issued a press release regarding a solar system installation contract with Long Life Farms, Inc.  Our installation agreement with Long Life Farms, Inc. includes three (3) solar power systems, each of which is covered by a Photovoltaic System Contract. Copies of these agreements are filed herewith as Exhibits 99.2, 99.3, and 99.4.

Also on September 15, 2010, we issued a press release regarding a solar system installation contract with Felix Chao Chuo Farm, Inc. Our installation agreement with Felix Chao Chuo Farm, Inc. includes two (2) solar power systems, each of which is covered by a Photovoltaic System Contract. Copies of these agreements are filed herewith as Exhibits 99.5 and 99.6.

Section 9 – Financial Statements and Exhibits

Item 9.01     Financial Statements and Exhibits
 
Exhibit No.
Description

 
2

 

SIGNATURES
 
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

Sunvalley Solar, Inc.

 
 
/s/ Zhijian (James) Zhang
Zhijian (James) Zhang
Chief Executive Officer

Date:   September 16, 2010
DISTRIBUTION CONTRACT
December 16th, 2009

Contract No.:

Entered into by and between

Baoding TianWei SolarFilms Co., Ltd.
 
 
No. 888 Hengyuan West Road
Baoding, China 071051
Tel: +86 312 330 9919
Fax: +86 3'12 330 9866
(Hereinafter referred to as the " TWSF ")

And

Sunvalley Solar, Inc.
398 Lemon Creek Rd. Suite A.
Walnut, CA 91788, USA
Tel: + 1-626-991-6898

(Hereinafter referred to as the " DISTRIBUTOR " or " 551 ")

TWSF AND DISTRIBUTOR will be called as the " Party " individually and " Parties " collectively hereunder.

Recitals

The TWSF is registered under Business Act of China and manufactures thin film photovoltaic modules at its wholly-owned manufacturing plants in P. R. China in the brand name of "Baoding TianWei SolarFilms Co., Ltd.".

GRAPHIC2

 
 

 

The DISTRIBUTOR is registered under Federal Act of USA in California and is the solar power technology and system design and integration company active in the photovoltaic market. Among other business activities, the DISTRIBUTOR distributes solar equipments including solar module and carries out various solar system integration projects in USA market.

GRAPHIC3

The DISTRIBUTOR desires to act as a preferred DISTRIBUTOR of TWSF's thin film a­-Si PV Modules (hereinafter referred to as "Module" or "Modules" or "Products") in the designated states in USA agreed by both parties and promote the sale of Products from the TWSF in USA.
 
GRAPHIC4

The TWSF desires to deliver and sell said Modules to the DISTRIBUTOR and provide sales aids to the DISTRIBUTOR in the designated states in USA.

GRAPHIC5

NOW, THEREFORE, the Parties agree as follows:

I.  
Territory

The TWSF grants a nonexclusive distribution right to the DISTRIBUTOR to distribute the Products in the United States of America. The TWSF also authorize the DISTRIBUTOR an exclusive right within States of Texas, Nevada, and Florida in the United States of America.

GRAPHIC6

II.  
Description of Goods

The Modules sold and purchased shall have the description set out in the Module Product Specification (Appendix A). The quantity of the Modules sold and purchased
 
 

 
2

 

should be confirmed by both parties. Modules shall be installed in a manner consistent with system design.

Additional module types or changes to the description of Modules as set forth in the Module Product Specification above may be made by TWSF to the extent that such changes or additions do not reduce the performance of the system or conflict with the application and use of the Modules. TWSF will provide written or e-mail notice ten (10) days prior to delivering such Modules for carriage.
 
GRAPHIC7

III.  
Type and Quantity of Modules, Prices, Delivery Time
GRAPHIC8

1.   Each detailed transaction will be arranged by the TWSF and DISTRIBUTOR through a specific Purchase Order (Appendix B) and Purchase Order Acknowledgement (Appendix C) including types and quantities of the Modules which the DISTRIBUTOR needs, together with the applicable specification, the prices, the desired time of delivery, and port of destination after reached agreement by Parties. DISTRIBUTOR shall send Purchase Order to TWSF at least 30 days before delivery date, and TWSF shall send Purchase Order Acknowledgement to DISTRIBUTOR within 3 working days after receiving Purchase Order. Types and quantities of the Modules of each delivery, price, and delivery date are subjected to Purchase Order Acknowledgement. But the stipulations set forth in this Contract apply in case of any contradiction with the said purchase orders.
 
GRAPHIC9

 
3

 

2.   All orders from DISTRIBUTOR are subject to approval and final acceptance by TWSF. Price shall be set quarterly and revised from time to time by TWSF at ils sale discretion. For non-standard Products which are sold to DISTRIBUTOR for resale, the price shall be quoted to DISTRIBUTOR at time of inquiry, provided that the inquiry is within thirty (30) calendar days of order entry.
 
GRAPHIC10

3.   The TWSF shall provide some sample modules of same product and other
marketing materials to the DISTRIBUTOR for marketing purpose.

GRAPHIC11

IV.  
Labelling
GRAPHIC69

1.   The Product labels and trademarks of each Module shall state the TWSF's name, each Module's serial number, Indicate the nominal output as well as current and voltage characteristics at standard test conditions (STC) of the type of Module concerned and bear a clear warning against hazardous behaviour.

GRAPHIC12

2.   The DISTRIBUTOR shall not, without the prior written consent of the TWSF, alter or make any addition to the labelling or packaging of the Products displaying the Trade Marks, and shall not alter, deface or remove in any manner any reference to the Trade Marks, any reference to the TWSF or any other name attached or affixed to the Products or their packaging or labelling.

GRAPHIC13

 
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V.  
Port of Shipment/Port of Destination
GRAPHIC14

1.   The port of shipment shall be Xingang, P.R. China.
GRAPHIC15
2.   The port of destination will be the major USA ports. The DISTRIBUTOR shall notify the TWSF of the port of destination for every single shipment in Purchase Order.
GRAPHIC16
3.   The delivery date (meaning in this Contract the date of modules being released to forwarder) shall be notified from DISTRIBUTOR to TWSF for every single sllipment in Purchase Order.
GRAPHIC17

VI.  
Packing/Shipping Mark
GRAPHIC18

4.   The packing shall be in accordance with the international packing standards (no wood package, for example) and suitable for long distance ocean shipping freight transportation and shall be well protected against moisture and shocks as well as disinfected. The well-packed PV-modules shall be shipped in containers. The relevant service and operation instructions shall be enclosed.
GRAPHIC19

5.   The TWSF shall mark on each package with fadeless paint the package number, gross weight, net weight, measurement of the package as well as of each single Module, the serial number and wattage of each single Module in the package concerned, the name of the Module type, the port of destination and the wordings or imaged indications representing: "Keep Away from Moisture", "Handle with Care" ... etc.
GRAPHIC20

 
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VII.  
TITLE AND RISK OF LOSS/INSURANCE)
GRAPHIC21

4.   Risks of loss or damage, as well as any additional costs due to events occurring after the time of delivery shall pass to the DISTRIBUTOR on delivery in accordance with C.I.F. Incoterms 2000.
GRAPHIC22  C.F.I Incoterms 2000 GRAPHIC23

5.   The TWSF also has to procure marine insurance against the DISTRIBUTOR's risk of loss of or damage to the Products during the carriage only on minimum"insurance coverage in accordance with G.I.F Incoterms 2000.
GRAPHIC24
6.   The DISTRIBUTOR shall at Its own cost maintain insurance coverage against all risks which would normally be insured against by a prudent businessman in respect of products supplied to it commencing from the time when the Products surpass the rail of the carrying vessel and extending until such time as title in the Products passes to the DISTRIBUTOR in accordance with Par.1 above.
GRAPHIC25
VIII.  
Price and Terms of Payment
GRAPHIC26

1.   The price for each individual transaction shall be fixed through negotiations between TWSF and DISTRIBUTOR, and subject to TWSF's final confirmation. All Invoices shall be in U.S. Dollars. To the extent that there is any conflict between the terms and conditions of this Agreement and of any invoices. the terms of this Agreement shall apply. In the event that market conditions change, the Parties shall review the TWSF's prices and make reasonable adjustments to allow the DISTRIBUTOR to maintain its competitive position in the markeL Notwithstanding the foregoing, all price increases shall be effective upon a minimum of one (1) month's written notice.
GRAPHIC27

 
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2.   The DISTRIBUTOR shall grant the TWSF to use UC at sight or TIT against the copy of B/L to make the payment for initial 3 orders.
GRAPHIC28
3.   From the forth order, The TWSF shall grant the DISTRIBUTOR sixty (60) days payment term from. the delivery date, at which time payment shall be due and payable from the DISTRIBUTOR to the TWSF.
GRAPHIC29

4.   All the payment of each individual transaction should be settled at one time.
GRAPHIC30
 
5.           The ownership of each batch of goods will transfer to DISTRIBUTOR once 100% of the individual transaction payment being settled.
GRAPHIC31

IX.  
Documents

The TWSF shall send the following documents immediately to the DISTRIBUTOR for the respective shipment. GRAPHIC32

1.   Full set (including 3 originals) of shipped on board Bill of ladings made out to this Contract and blank endorsed and consigned to the DISTRIBUTOR, marked “Freight Prepaid.”

GRAPHIC33 ‘Freight Prepaid’

2.   Signed Commercial Invoice in 2 originals Indicating contract number issued by the TWSF; Packing list (including 3 originals) with indication of weights, measurements and quantity issued by the TWSF.
GRAPHIC34
 
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3.   Flash reports stating the Module type, serial number, Isc, Voc, Imp, Vmp, Pmax by Fax or E~mail to DISTRIBUTOR. GRAPHIC35
 
Within 5 working days after receiving the shipping documents from the TWSF's shipping forwarder, the TWSF has to fax or e-mail or courier one copy of the Bill of Lading and one copy of the Commercial Invoice to the DISTRIBUTOR. The number of the documents and their contents shall be complete and correct. If the DISTRIBUTOR fails to pass the customs and to take over the Products in time due to the TWSF not having provided the documents as specified above, all losses caused by the TWSF's fault shall be borne by the TWSF.
GRAPHIC36

X.  
Shipments

C.I.F. USA port (Incoterms 2000).

Unless otherwise agreed in writing between the Parties, Cost Insurance and Freight Incoterms 2000 shall apply to this Contract. If there is any conflict between such Incolerms and the terms of this Contract then the terms of this Contract shall prevail.

GRAPHIC37 C.I.F. USA port

The particulars of the shipment including the name of the vessel, date, quantity and value of shipment are to be e-mailed or faxed to the DISTRIBUTOR within 2 working days after such information received from the TWSF's shipping forwarder so that the DISTRIBUTOR can arrange for the Customs Clearance.
GRAPHIC38
 
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XI.  
Warranties

TWSF’s warranties: GRAPHIC39

1.   The TWSF guarantees that the Modules are manufactured according to UL 1703 standards.   GRAPHIC40
 
2.   TWSF shall extend to Buyer its published Limited Warranty (Appendix D) for the modules in effect as of the delivery date which warranties shall remain in effect for the period as is set forth therein. TWSF may modify its published limited warranty, from time to time, on ten (10) days prior written notice to Buyer, provided the modifications made to the warranty terms and conditions do not prevent Buyer from financing projects utilizing the Products under the terms of a revised warranty.
GRAPHIC41
3.   Under the exclusive distribution right, the TWSF should make effort to refer all sales leads in the exclusive Territory (Texas, Nevada, and Florida) less than 761<W in size to the preferred distributor. If the sales are larger than 761<W, TWSF have the right to deal freely, and note DISTRIBUTOR after the sales contract signed. The TWSF should refer to DISTRIBUTOR all inquiries in the exclusive Territory less than 76KW In size. The TWSF should not sign any distribution agreement with other companies or individuals in the exclusive Territory.
GRAPHIC42
 
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DISTRIBUTOR'S Warranties: GRAPHIC43

1.   DISTRIBUTOR guarantees that it will actively and diligently promote the sale of the Products in USA during the Term of this Contract.
GRAPHIC44
2.   DISTRIBUTOR warrants that it will undertake to orders for the Products during the effective period of this Contract for not less than 500KW
GRAPHIC45
3.   DISTRIBUTOR warrants that it will promote in USA the TWSF's brand names and the Products during the Term hereof. DISTRIBUTOR agrees to notify TWSF of any leads of interest granted for any Product.
GRAPHIC46

4.   The DISTRIBUTOR guarantees that: GRAPHIC47

i).  
It shall not conduct any reverse engineering activities upon the Products and shall be liable for any infringement in relevant to any Intellectual Property Right owned by the TWSF thereof.
GRAPHIC48

ii).  
It shall take full responsibility to paste any trademark, mark, slogan, company name or whatever any other marl~ upon the Products except those of the TWSF's. And the TWSF should be exempted from any disputes relating to aforesaid marks.
GRAPHIC49
XII.  
Effective Date, Duration, Termination
GRAPHIC50

1.   This Contract shall come into effect after both Parties have signed it ("Effective date"), and shall initially remain in effect until December 31 st, 2010 ("Expiration Date. This Contract shall be extended upon expiration for another calendar year unless

 
10

 

DISTRIBUTOR does not meet the minimum distribution goals (500KW) as defined in DISTRIBUTOR'S Warranties in Clause XI Warranties, or the two parties can not agree on the minimum distribution goals for the next year, or previously terminated by eilher party for any other reason upon not less than thirty (30) calendar days prior written notice to the other party, or the Parties agree on an extension prior to the Expiration Date.
GRAPHIC51
2.   If the DISTRIBUTOR becomes insolvent or bankrupt or breaches a provision of this Contract and does not commence to remedy such breach within thirty (30) calendar days of written notice by the TWSF, the TWSF may terminate his Contract in whole or in part effective thirty (30) calendar days after said notice was given. If the TWSF becomes bankrupt or insolvent or breaches a material provision hereof and does not commence to remedy such breach within thirty (30) calendar days of being given written notice by the DISTRIBUTOR, the DISTRIBUTOR may terminate this Contract in whole or in part effective thirty (30) calendar days after such notice was given.
GRAPHIC52

3.   In regard to any orders already been made by DISTRIBUTOR before the expiration or termination of this Contract, this Contract shall fully remain In effect beyond the respective expiration or termination date. The foregoing shall not apply, if this Contract is terminated by TWSF due to DISTRIBUTOR's bankruptcy or insolvency. However, TWSF should be listed in the No.1 position of DISTRIBUTOR's liquidation to make up TWSF' s loss brought by contract termination between two parties.
GRAPHIC53

 
11

 

XIII.  
Claims

1.   Within 15 days after the arrival of the Products at final CIF Port destination should the specification, quantity or appearance of the modules be found not to be in conformity with the stipulations of this Contract, except for those claims for which the insurance company or the owners of the vessel are liable, the DISTRIBUTOR shall, based on the Inspection Certificate issued by an office of the Authorised Administration of Import and Export Commodities Inspection of the importing country, have the right to claim replacement with new Products (In case of total failure).
GRAPHIC54

2.   The TWSF, upon verification of the DISTRIBUTOR's claim, shall be responsible for complete or partial replacement of the commodity according to the state of defects.
GRAPHIC55

3. The TWSF shall not be held responsible for the delay In shipment or non-delivery of the Products, or for failure to manufacture, deliver or perform due to the aels of the DISTRIBUTOR including failure of the DISTRIBUTOR to supply to the TWSF In a timely manner with all necessary information, required sample parts or other specified items required by TWSF to design, manufacture and test the Product. And DISTRIBUTOR shall bear the cost according the failure.
GRAPHIC56

3.   If at any time during the Term of this Contract, the DISTRIBUTOR fails to perform Its obligations under ARTICLE VIII of this Contract, then TWSF, at its exclusive option, after providing a fifteen (15) days period for DISTRIBUTOR to resolve such failure, shall be entitled to:

 
12

 

i.  
terminate the contract or damages calculated by 1.5% per month on all delinquent amounts;
ii.  
and may apply any or all payments sUbsequently received from DISTRIBUTOR on a priority basis to pay the accrued later charges and then the delinquent payment;
iii.  
and may, upon written notice to DISTRIBUTOR, suspend further delivery of Modules under this Contract until late charges and delinquent amount have been paid in full.
GRAPHIC57
XIV.  
Force Majeure
GRAPHIC58

The TWSF shall not be held responsible for the delay in shipment or non-delivery of the due to Force Majeure, such as war, severe fire, flood, typhoon, earthquake, labour strike or riots which might occur during the process of manufacturing or in the course of transportation, loading or transit, or such Force Majeure at any key suppliers of the TWSF; The TWSF shall inform the DISTRIBUTOR immediately of the occurrence of an instant mentioned above and within fifteen days thereafter, the TWSF shall send by fax or e-mail or courier to the DISTRIBUTOR for their acceptance a certificate of the accident issued by the relevant government authority where the incident occurred as evidence thereof. Under such circumstances, the TWSF, however, shall still be under the obligation of taking all necessary measures to hasten the delivery of the Products.
GRAPHIC59

 
13

 

XV.  
Law and Arbitration

1.   All matters relevant to this Contract shall be governed by and interpreted in accordance with the laws of the State of California and of the United States without giving effect to the doctrine of conflict of laws.
GRAPHIC60

2.   The arbitral proceedings shall be conducted In China International Economic and Trade Arbitration Commission.
GRAPHIC61

XVI.  
Taxes and Duties

All taxes and duties in connection with the execution of this Contract shall be paid as follows:

1.   Charged by the Chinese government or bank shall be borne by the TWSF.
GRAPHIC62

i.  
Charged by the government or bank of the importing country shall be borne by the DISTRIBUTOR.
GRAPHIC63
XVII.  
Entire Contract and Amendments

1.   The following Appendices are integral parts of this Contract and are binding upon both Parties. In case of discrepancies between the Appendices and this Contract, the provisions of this Contract shall prevail:

 
14

 

Appendix A: Module Product Specification
Appendix B: Purchase Order
Appendix C: Purchase Order Acknowledgment
Appendix D: Limited Warranties
GRAPHIC64

2.   Any amendments to, or modifications of this Contract shall become effective only when in writing and signed by the Parties.
GRAPHIC65

3.   Headings of this Contract are only for the purpose of reference, and have no influence to the interpretation of this Contract.
GRAPHIC66

XVIII.  
Severability Clause

In the event any provision of this Contract proves unenforceable or invalid for whatever reason, the remaining provisions of this Contract shall be unaffected by such holding, but remain In full force and effect.
GRAPHIC67

 
15

 

IN WITNESS THEREOF, this Contract is made in English and signed by both Parties in two original copies, each Party holds one copy. This Contract is effective from the date both Parties have signed.
GRAPHIC68
 
Baeding TianWei SelarFilms Co., Ltd.

No. 888 Hengyuan West Road, Baoding, Hebei, China
Zip Code: 071051
Tel: +86 312 330 9919
Fax: +86 312 330 9866



/s/ Ma Wenxue
Ma Wenxue
General Manager

SUNVALLY SOLAR INC.
398 Lemon Creek Dr. Suite A, Walnut, CA 91789 USA
Tel: +1 9095980618
Fax: +1 909 598 6633



/s/ James Zhang
James Zhang
CEO/Chairman
GRAPHIC1
 
Photovoltaic System Contract

 
Date: 08/19/2010

This Contract Agreement Is Between:

Contractor
SECTION 1.A
 
Contractor's Name:
Sunvalley Solar Inc.
Contractor's License Number:
# 904190 (C-46 Solar)
Contractor's Address:
398 Lemon Creek Dr. #A, Walnut, CA 91789
Contractor's Telephone/Fax:
Office :( 909)598-0618/ Fax: (909)598-6633
   
AND
Customer
SECTION 1.8
 
Customer's Name:
Long Life Farms, INC.
Customer's Address:
90610 Avenue 81, Thermal, CA 92274
Customer's Telephone/Fax:
760-578-9892
Project Address:
80480 Buchanan St., Thermal, CA 92274
Meter Number(s):
II D-5Y3DKS-1 00441

Sunvalley Solar Inc. is specified as the Contractor who will provide all labor, materials and equipment in order to complete the following work at the customer's address specified in section 1.B

SECTION 2.A
The following is a list of services and equipment that will be provided by Sunvalley Solar Inc. in order to install the 144.78 kW-DC Photovoltaic System, which is estimated to produce 259,892 kWh annually.

Installation of (1,524) PV solar electric modules,
Manufacturer:
Baoding Tianwei Solarfilms
Model number:
TWSF-aSi-95W-1

Installation of (2) inverter(s)
Manufacturer:
PV POWERED
Model number:
(1) PVP100KW, (1) PVP35KW

Installation of solar module mounting hardware, AC and DC power disconnects and all required electrical materials such as conduit, wire, and circuit breakers.
 
 
 

 
 
SECTION 2.B
All materials are guaranteed to be as specified in section 2.A. The work referenced in section 2.A will be performed in accordance with the drawings submitted for city permits. All work will consist of quality workmanship and is warranted for 10 years. The sum of total project costs is $663,092.40.

PAYMENT (Photovoltaic System)

SECTION 3.A
The total eligible project costs of $663,092.40 will be paid by the Customer (owner) as followed: (With payments to be made as follows; payments shall be made by cash or check):

First Payment:
$317,303.14
(Within 5 business days after the customer receives the incentive from Imperial Irrigation District utility company)

Second Payment:
$198,927.72
(Within 5 business days after the customer receives the cash grant from the U.S. Treasury Department)

Remaining Balance
$146,861.54
(Payments to begin within 5 days after system is approved/commissioned by the local utility company)

The customers total eligible payment is $ 146.861.54 and shall be applied in 60 instalments as monthly periodic payments. Each monthly payment amount is $ 2,447.70

The first instalment is due within 5 days following the photovoltaic system inspection and approval by the City Administrator and Utility Company.

Following the first instalment, Sunvalley is to send statements for monthly payment (less the first payment) to the customer. Our payment structure is based upon the premise that all statements are due and payable upon receipt, but in any event, no later than ten (10) days from the date of the statement. Sunvalley reserves the right to charge a monthly late payment fee, at the rate of ten percent (10%) per annum, from the due date for payment until receipt by the Sunvalley of the full amount.

Sunvalley like other businesses has substantial cash demands that require Sunvalley to borrow money if its accounts are not paid promptly. Thus, a finance charge at the rate of ten percent (10%) per annum of the unpaid balance, computed from date of the last invoice until paid will be added to any delinquent accounts. In the event that an account becomes delinquent, Sunvailey employs the same prudent collection procedures used by other businesses, including but not limited to third-party debt collection and legal action.

SECTION 3.B
The owner of the Renewable Energy Certificates(RECs), also known as Green Tags, Renewable Energy Credits, Renewable Electricity Certificates, or Tradeable Renewable Certificates(TRCs), for this solar system as specified in section 2.A is Sunvailey Solar Inc.
 
 
2

 

WARRANTY/ SERVICES:

SECTION 4.A
The Contractor Sunvalley Solar Inc. will provide the following warranties and services:
·  
10-year system workmanship warranty provided by Sunvalley Solar Inc., including all parts and labor that are required in the specified solar power system in section 2.A
·  
5 years product warranty on the solar panels
·  
10 years 90% of the minimal Nominal Power Output warranty on solar panels
·  
25 years 80% of the minimal Nominal Power Output warranty on solar panels
·  
10 years manufacturer's warranty on the inverter(s) that are specified in section 2.A
·  
Lifetime System Performance Monitoring
·  
5 years; semi-annual Solar Module cleaning
·  
5 years; semi-annual On-site system check and corrective reports if applicable

See Attached Sections:
Section 5.A—Acceptance of Contract
Section 6.A—Notice to Customer Regarding Complaints
Section 7.A—Cancellation of Contract
Section 8.A—Project Schedule

RESPECTFULLY SUBMITTED,

Contractor's Name:
Sunvalley Solar Inc.
By:
Henry Yu
   
 
08/19/2010
(Contractor’s Signature)
(Date)
   
 
08/19/2010
(Customer’s Signature)
(Date)

 
3

 
 
ACCEPTANCE

SECTION 5.A

Sunvalley Solar Inc. is hereby authorized to furnish all material, equipment and labor required to complete the work described in the above contract, for which the undersigned agrees to pay the amount stated in the above contract and according to the terms thereof. Any change involving extra cost of labor or materials will be executed only after submission and acceptance of a written change order. If Sunvalley Solar Inc. cannot get the approval from city, homeowner's association or any other related party, full deposit less $500 design drawing fee will be refunded. Sunvalley has the right to modify, renegotiate, and or cancel the contract if the Utility rebate is not successfully reserved.

The undersigned customer (owner) hereby certifies to the following statements:
The customer may cancel this transaction within 3 business days or at any time prior to the start of construction on the contracted system. If the customer cancels this contract after the equipment for the system has been ordered, the customer will be responsible for expenses incurred, included restocking charges, permit fees, and labor cost incurred by the contractor. The customer understands that cancellation by the customer after construction has begun shall be deemed a material breach of this agreement and entitles the contractor to damages. All returned checks would be charged a $50 processing fee.

 
08/19/2010
(Customer’s Signature)
(Date)
 
 
4

 
 
NOTICE TO CUSTOMER REGARDING COMPLAINTS

SECTION 6.A

Contractors are required by law to be licensed and regulated by the Contractors State License Board (CSLB), which has jurisdiction to investigate complaints against contractors if a complaint regarding a parent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation.

The CSLB also allows consumers to check the status of a contractor's license and order free publications. For any questions concerning the contractor (Sunvalley Solar Inc.), or to file a complaint, please write to: Registrar, Contractors State License Board, Post Office Box 26000, Sacramento, California 95826. The Contractors State License Board may also be reached by phone at 1-800-321-CSLB (2752) or online at http://www.cslb.ca.gov/.

Notice to Customer Regarding Liens

Under the California Mechanic' Lien Law, any contractor, sUbcontractor, laborer supplier, or other person or entity who helps to improve your property, but is not paid for his or her work or supplies, has a right to place a lien on your home, land , or property where the work was performed and take court action in order to obtain payment.

This means that after a court hearing, your home, land, and property could be sold by a court officer and the proceeds of the sale used to satisfy what you owe. This can happen even if you have paid your contractor in full if the contractor's subcontractors, laborers, or suppliers remain unpaid.

To preserve their rights to file a claim or lien against your property, certain claimants such as subcontractors or material suppliers are each required to provide you with a document called a "Preliminary Notice". Contractor and laborers who contract with customers directly do not have to provide such notice since you are aware of their existence as an customer. A preliminary notice is not a lien against your property. Its purpose is to notify you of persons or entities that may have a right to file a lien against your property if they are not paid. In order to perfect their lien rights, a contractor, subcontractor, supplier, of laborer must file a mechanics' lien with the county recorder which then becomes a recorded lien against your property. Generally, the maximum time allowed for filing a mechanics' lien against your property is 90 days after substantial completion of your project.

No liens should be applied if the agreed payments are made on time.
 
 
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CANCELLATION OF CONTRACT

SECTION 7.A

I, hereby cancel the contract with Sunvalley Solar Inc, that was signed on ___________________ I certify that I am canceling the contract prior to the start of construction on the contracted solar electric system. If more than three business days have elapsed since signing this contract, I am responsible for permit fees or other costs incurred.

   
(Signature)
(Date)

In order to cancel your contract with Sunvalley Solar Inc, please complete this CANCELLATION PAGE, then FAX, deliver, or mail this page to:

Sunvalley Solar Inc
398 Lemon Creek Dr. #A Walnut, CA 91789
Fax (909)598-6633
 
 
6

 
 
PROJECT SCHEDULE

SECTION B.A
Execution of the project

Notes:
1.  
After the contract is signed by both parties, the contractor will need approximately 20 working days to complete the system installation design, however, the number of working days may vary on the system size, capacity, and complexity such as any additional structural or electrical service upgrades, if necessary.
2.  
After the system design is completed, the contractor will apply for the construction permit for the solar system from the city where the system will be located. The processing time for the permit application varies from city to city.
**Permit approvals generally require approximately 20 working days.
3.  
After approval of the permit for the system pursuant to this agreement, all materials that are specified in this contract will arrive at customer's property within 3 days before the start date designated by the customer.
4.  
Contractor agrees to start and diligently pursue work through to completion to meet the project timeline stated in section 8.B, but shall not be responsible for delays for any of the following reasons: failure of the issuance of all necessary building permits within a reasonable length of time, funding of loans, disbursement of funds into funding control or escrow, acts of neglect or omission of customer or customer's employees or customer's agent, acts of God, stormy or inclement weather, extra work ordered by customer, riots or civil commotion, inability to secure material through regular recognized channels, imposition of Government priority or allocation of materials, failure of customer to make payments when due, or delays caused by inspection or changes ordered by the inspectors of authorized governmental bodies, or for acts of independent contractors, holidays, or other causes beyond Contractor's reasonable control.
5.  
Our regular working hours are Monday to Friday from 8:30AM to 5:30PM (No work will be scheduled on Saturday and Sunday, except in the case of prior written agreements between the contractor and the customer).
6.  
RIGHT TO STOP WORK. Contractor shall have the right to stop work if any payment shall not be made, when due, to Contractor under this Agreement: Contractor may keep the job on hold until all payments due are received. Failure to make payment, within five (5) days from the due date, is a material breach of this Agreement and shall entitle contractor to cease any further work.
 
 
7

 
 
SECTION 8.B

144.78 kW Photovoltaic System

Week
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
Detailed Design and Specifications
x  x x                                    
Permitting & Applications
      x x x                              
Equipment Procurement
           x x                              
Photovoltaic System Construction
              x x x x x x x x x        
Inspections, Commissioning and Startup
                                  x x x x x


 
08/19/2010
(Contractor’s Signature)
(Date)
   
 
08/19/2010
(Customer’s Signature)
(Date)
 
GRAPHIC1
 
Photovoltaic System Contract

 
Date: 08/19/2010

This Contract Agreement Is Between:

Contractor
SECTION 1.A
 
Contractor's Name:
Sunvalley Solar Inc.
Contractor's License Number:
# 904190 (C-46 Solar)
Contractor's Address:
398 Lemon Creek Dr. #A, Walnut, CA 91789
Contractor's Telephone/Fax:
Office :( 909)598-0618/ Fax: (909)598-6633
   
AND
Customer
SECTION 1.8
 
Customer's Name:
Long Life Farms, INC.
Customer's Address:
90610 Avenue 81, Thermal, CA 92274
Customer's Telephone/Fax:
760-578-9892
Project Address:
90500 Avenue 81, Thermal, CA 92274
Meter Number(s):
AS5Y3-481DKS

Sunvalley Solar Inc. is specified as the Contractor who will provide all labor, materials and equipment in order to complete the following work at the customer's address specified in section 1.B

SECTION 2.A
The following is a list of services and equipment that will be provided by Sunvalley Solar Inc. in order to install the 328.7 kW-DC Photovoltaic System, which is estimated to produce 593,159 kWh annually .

Installation of (3,460) PV solar electric modules,
Manufacturer:
Baoding Tianwei Solarfilms
Model number:
TWSF-aSi-95W-1

Installation of (2) inverter(s)
Manufacturer:
PV POWERED
Model number:
(1) PVP260KW, (1) PVP50KW

Installation of solar module mounting hardware, AC and DC power disconnects and all required electrical materials such as conduit, wire, and circuit breakers.

 
 

 

SECTION 2.B
All materials are guaranteed to be as specified in section 2.A. The work referenced in section 2.A will be performed in accordance with the drawings submitted for city permits. All work will consist of quality workmanship and is warranted for 10 years. The sum of total project costs is $1,512,020.00

PAYMENT (Photovoltaic System)

SECTION 3.A
The total eligible project costs of $1,512,020.00 will be paid by the Customer (owner) as followed: (With payments to be made as follows; payments shall be made by cash or check):

First Payment:
$726,000.00
(Within 5 business days after the customer receives the incentive from Imperial Irrigation District utility company)

Second Payment:
$453,606.00
(Within 5 business days after the customer receives the cash grant from the U.S. Treasury Department)

Remaining Balance
$332,414.00
(Payments to begin within 5 days after system is approved/commissioned by the local utility company)

The customers total eligible payment is $332,414.00 and shall be applied in 60 instalments as monthly periodic payments. Each monthly payment amount is $ 5,540.23

The first instalment is due within 5 days following the photovoltaic system inspection and approval by the City Administrator and Utility Company.

Following the first instalment, Sunvalley is to send statements for monthly payment (less the first payment) to the customer. Our payment structure is based upon the premise that all statements are due and payable upon receipt, but in any event, no later than ten (10) days from the date of the statement. Sunvalley reserves the right to charge a monthly late payment fee, at the rate of ten percent (10%) per annum, from the due date for payment until receipt by the Sunvalley of the full amount.

Sunvalley like other businesses has substantial cash demands that require Sunvalley to borrow money if its accounts are not paid promptly. Thus, a finance charge at the rate of ten percent (10%) per annum of the unpaid balance, computed from date of the last invoice until paid will be added to any delinquent accounts. In the event that an account becomes delinquent, Sunvalley employs the same prudent collection procedures used by other businesses, including but not limited to third-party debt collection and legal action.

SECTION 3.B
The owner of the Renewable Energy Certificates(RECs), also known as Green Tags, Renewable Energy Credits, Renewable Electricity Certificates, or Tradeable Renewable Certificates(TRCs), for this solar system as specified in section 2.A is Sunvalley Solar Inc.

 
2

 

WARRANTY/SERVICES:

SECTION 4.A
The Contractor Sunvalley Solar Inc. will provide the following warranties and services:
·  
10-year system workmanship warranty provided by Sunvalley Solar Inc., including all parts and labor that are required in the specified solar power system in section 2.A e 5 years product warranty on the solar panels
·  
10 years 90% of the minimal Nominal Power Output warranty on solar panels
·  
25 years 80% of the minimal Nominal Power Output warranty on solar panels
·  
10 years manufacturer's warranty on the inverter(s) that are specified in section 2.A $ Lifetime System Performance Monitoring
·  
5 years; semi-annual Solar Module cleaning
·  
5 years; semi-annual On-site system check and corrective reports if applicable

See Attached Sections:
Section 5.A—Acceptance of Contract
Section 6.A—Notice to Customer Regarding Complaints
Section 7.A—Cancellation of Contract
Section 8.A—Project Schedule

RESPECTFULLY SUBMITTED,

Contractor's Name:
Sunvalley Solar Inc.
By:
Henry Yu
   
 
08/19/2010
(Contractor’s Signature)
(Date)
   
 
08/19/2010
(Customer’s Signature)
(Date)


 
3

 

ACCEPTANCE

SECTION 5.A

Sunvalley Solar Inc. is hereby authorized to furnish all material, equipment and labor required to complete the work described in the above contract, for which the undersigned agrees to pay the amount stated in the above contract and according to the terms thereof. Any change involving extra cost of labor or materials will be executed only after submission and acceptance of a written change order. If Sunvalley Solar Inc. cannot get the approval from city, homeowner's association or any other related party, full deposit less $500 design drawing fee will be refunded. Sunvalley has the right to modify, renegotiate, and or cancel the contract if the Utility rebate is not successfully reserved.

The undersigned customer (owner) hereby certifies to the following statements:

The customer may cancel this transaction within 3 business days or at any time prior to the start of construction on the contracted system. If the customer cancels this contract after the equipment for the system has been ordered, the customer will be responsible for expenses incurred, included restocking charges, permit fees, and labor cost incurred by the contractor. The customer understands that cancellation by the customer after construction has begun shall be deemed a material breach of this agreement and entitles the contractor to damages. All returned checks would be charged a $50 processing fee.

 
08/19/2010
(Customer’s Signature)
(Date)


 
4

 

NOTICE TO CUSTOMER REGARDING COMPLAINTS

SECTION 6.A

Contractors are required by law to be licensed and regulated by the Contractors State License Board (CSLB), which has jurisdiction to investigate complaints against contractors if a complaint regarding a parent act or omission is filed within four years of the date of the alleged violation, A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation,

The CSLB also allows consumers to check the status of a contractor's license and order free publications, For any questions concerning the contractor (Sunvalley Solar Inc,), or to file a complaint, please write to: Registrar, Contractors State License Board, Post Office Box 26000, Sacramento, California 95826. The Contractors State License Board may also be reached by phone at 1-800-321-CSLB (2752) or online at http://www.cslb.ca.govl.

Notice to Customer Regarding Liens

Under the California Mechanic' Lien Law, any contractor, subcontractor, laborer supplier, or other person or entity who helps to improve your property, but is not paid for his or her work or supplies, has a right to place a lien on your home, land , or property where the work was performed and take court action in order to obtain payment.

This means that after a court hearing, your home, land, and property could be sold by a court officer and the proceeds of the sale used to satisfy what you owe, This can happen even if you have paid your contractor in full if the contractor's subcontractors, laborers, or suppliers remain unpaid,

To preserve their rights to file a claim or lien against your property, certain claimants such as subcontractors or material suppliers are each required to provide you with a document called a "Preliminary Notice", Contractor and laborers who contract with customers directly do not have to provide such notice since you are aware of their existence as an customer, A preliminary notice is not a lien against your property. Its purpose is to notify you of persons or entities that may have a right to file a lien against your property if they are not paid, In order to perfect their lien rights, a contractor, subcontractor, supplier, of laborer must file a mechanics' lien with the county recorder which then becomes a recorded lien against your property. Generally, the maximum time allowed for filing a mechanics' lien against your property is 90 days after substantial completion of your project.

No liens should be applied if the agreed payments are made on time.

 
5

 

CANCELLATION OF CONTRACT

SECTION 7.A

I, hereby cancel the contract with Sunvalley Solar Inc. that was signed on _________________________I certify that I am canceling the contract prior to the start of construction on the contracted solar electric system. If more than three business days have elapsed since signing this contract, I am responsible for permit fees or other costs incurred.

   
(Signature)
(Date)

In order to cancel your contract with Sunvalley Solar Inc, please complete this CANCELLATION PAGE, then FAX, deliver, or mail this page to:

Sunvalley Solar Inc
398 Lemon .Creek Dr. #A Walnut, CA 91789
Fax (909)598-6633

 
6

 

PROJECT SCHEDULE

SECTION B.A
Execution of the project

Notes:
1.  
After the contract is signed by both parties, the contractor will need approximately 20 working days to complete the system installation design, however, the number of working days may vary on the system size, capacity, and complexity such as any additional structural or electrical service upgrades, if necessary.
2.  
After the system design is completed, the contractor will apply for the construction permit for the solar system from the city where the system will be located. The processing time for the permit application varies from city to city.
**Permit approvals generally require approximately 20 working days.
3.  
After approval of the permit for the system pursuant to this agreement, all materials that are specified in this contract will arrive at customer's property within 3 days before the start date designated by the customer.
4.  
Contractor agrees to start and diligently pursue work through to completion to meet the project timeline stated in section 8.B, but shall not be responsible for delays for any of the following reasons: failure of the issuance of all necessary building permits within a reasonable length of time, funding of loans, disbursement of funds into funding control or escrow, acts of neglect or omission of customer or customer's employees or customer's agent, acts of God, stormy or inclement weather, extra work ordered by customer, riots or civil commotion, inability to secure material through regular recognized channels, imposition of Government priority or allocation of materials, failure of customer to make payments when due, or delays caused by inspection or changes ordered by the inspectors of authorized governmental bodies, or for acts of independent contractors, holidays, or other causes beyond Contractor's reasonable control.
5.  
Our regular working hours are Monday to Friday from 8:30AM to 5:30PM (No work will be scheduled on Saturday and Sunday, except in the case of prior written agreements between the contractor and the customer).
6.  
RIGHT TO STOP WORK. Contractor shall have the right to stop work if any payment shall not be made, when due, to Contractor under this Agreement: Contractor may keep the job on hold until all payments due are received. Failure to make payment, within five (5) days from the due date, is a material breach of this Agreement and shall entitle contractor to cease any further work.

 
7

 

SECTION 8.B

328.7 kW Photovoltaic System

Week
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
Detailed Design and Specifications
x  x x                                    
Permitting & Applications
      x x x                              
Equipment Procurement
           x x                              
Photovoltaic System Construction
              x x x x x x x x x        
Inspections, Commissioning and Startup
                                  x x x x x


 
08/19/2010
(Contractor’s Signature)
(Date)
   
 
08/19/2010
(Customer’s Signature)
(Date)
GRAPHIC1
 
Photovoltaic System Contract

 
Date: 08/19/2010

This Contract Agreement Is Between:

Contractor
SECTION 1.A
 
Contractor's Name:
Sunvalley Solar Inc.
Contractor's License Number:
# 904190 (C-46 Solar)
Contractor's Address:
398 Lemon Creek Dr. #A, Walnut, CA 91789
Contractor's Telephone/Fax:
Office :( 909)598-0618/ Fax: (909)598-6633
   
AND
Customer
SECTION 1.8
 
Customer's Name:
Long Life Farms, INC.
Customer's Address:
90610 Avenue 81, Thermal, CA 92274
Customer's Telephone/Fax:
760-578-9892
Project Address:
90610 Avenue 81, Thermal, CA 92274
Meter Number(s):
IID-4X7DKS-100164 and IID-4D7DKS-100030

Sunvalley Solar Inc. is specified as the Contractor who will provide all labor, materials and equipment in order to complete the following work at the customer's address specified in section 1.B

SECTION 2.A
The following is a list of services and equipment that will be provided by Sunvalley Solar Inc. in order to install the 330.22 kW-DC Photovoltaic System, which is estimated to produce 593,413 kWh annually.

Installation of (3,476) PV solar electric modules,
Manufacturer:
Baoding Tianwei Solarfilms
Model number:
TWSF-aSi-95W-1

Installation of (2) inverter(s)
Manufacturer:
PV POWERED
Model number:
(1) PVP260KW, (1) PVP100KW
 
 
Installation of solar module mounting hardware, AC and DC power disconnects and all required electrical materials such as conduit, wire, and circuit breakers.

 
 

 

SECTION 2.B
All materials are guaranteed to be as specified in section 2.A The work referenced in section 2.A will be performed in accordance with the drawings submitted for city permits. All work will consist of quality workmanship and is warranted for 10 years. The sum of total project costs is $1,512,407.60

PAYMENT (Photovoltaic System)

SECTION 3.A
The total eligible project costs of $1,512,407.60 will be paid by the Customer (owner) as followed: (With payments to be made as follows; payments shall be made by cash or check):

First Payment:
$726,000.00
(Within 5 business days after the customer receives the incentive from Imperial Irrigation District utility company)

Second Payment:
$453,722.28
(Within 5 business days after the customer receives the cash grant from the U.S. Treasury Department)

Remaining Balance
$332,685.32
(Payments to begin within 5 days after system is approved/commissioned by the local utility company)

The customer's total eligible payment is $ 332,685.32 and shall be applied in 60 instalments as monthly periodic payments. Each monthly payment amount is $ 5,544.75

The first instalment is due within 5 days following the photovoltaic system inspection and approval by the City Administrator and Utility Company.

Following the first instalment, Sunvalley is to send statements for monthly payment (less the first payment) to the customer. Our payment structure is based upon the premise that all statements are due and payable upon receipt, but in any event, no later than ten (10) days from the date of the statement. Sunvalley reserves the right to charge a monthly late payment fee, at the rate of ten percent (10%) per annum, from the due date for payment until receipt by the Sunvalley of the full amount.

Sunvalley like other businesses has substantial cash demands that require Sunvalley to borrow money if its accounts are not paid promptly. Thus, a finance charge at the rate of ten percent (10%) per annum of the unpaid balance, computed from date of the last invoice until paid will be added to any delinquent accounts. In the event that an account becomes delinquent, Sunvalley employs the same prudent collection procedures used by other businesses, including but not limited to third-party debt collection and legal action.

SECTION 3.B
The owner of the Renewable Energy Certificates(RECs), also known as Green Tags, Renewable Energy Credits, Renewable Electricity Certificates, or Tradeable Renewable Certificates(TRCs), for this solar system as specified in section 2.A is Sunvalley Solar Inc.

 
2

 

WARRANTY/SERVICES:

SECTION 4.A
The Contractor Sunvalley Solar Inc. will provide the following warranties and services:
·  
10-year system workmanship warranty provided by Sunvalley Solar Inc., including all parts and labor that are required in the specified solar power system in section 2.A e 5 years product warranty on the solar panels
·  
10 years 90% of the minimal Nominal Power Output warranty on solar panels
·  
25 years 80% of the minimal Nominal Power Output warranty on solar panels
·  
10 years manufacturer's warranty on the inverter(s) that are specified in section 2.A
·  
Lifetime System Performance Monitoring
·  
5 years; semi-annual Solar Module cleaning
·  
5 years; semi-annual On-site system check and corrective reports if applicable

See Attached Sections:
Section 5.A—Acceptance of Contract
Section 6.A—Notice to Customer Regarding Complaints
Section 7.A—Cancellation of Contract
Section 8.A—Project Schedule

RESPECTFULLY SUBMITTED,

Contractor's Name:
Sunvalley Solar Inc.
By:
Henry Yu
   
 
08/19/2010
(Contractor’s Signature)
(Date)
   
 
08/19/2010
(Customer’s Signature)
(Date)


 
3

 

ACCEPTANCE

SECTION 5.A

Sunvalley Solar Inc. is hereby authorized to furnish all material, equipment and labor required to complete the work described in the above contract, for which the undersigned agrees to pay the amount stated in the above contract and according to the terms thereof. Any change involving extra cost of labor or materials will be executed only after submission and acceptance of a written change order. If Sunvalley Solar Inc. cannot get the approval from city, homeowner's association or any other related party, full deposit less $500 design drawing fee will be refunded. Sunvalley has the right to modify, renegotiate, and or cancel the contract if the Utility rebate is not successfully reserved.

The undersigned customer (owner) hereby certifies to the following statements:

The customer may cancel this transaction within 3 business days or at any time prior to the start of construction on the contracted system. If the customer cancels this contract after the equipment for the system has been ordered, the customer will be responsible for expenses incurred, included restocking charges, permit fees, and labor cost incurred by the contractor. The customer understands that cancellation by the customer after construction has begun shall be deemed a material breach of this agreement and entitles the contractor to damages. All returned checks would be charged a $50 processing fee.

 
08/19/2010
(Customer’s Signature)
(Date)

 
4

 

NOTICE TO CUSTOMER REGARDING COMPLAINTS

SECTION 6.A

Contractors are required by law to be licensed and regulated by the Contractors State License Board (CSLB), which has jurisdiction to investigate complaints against contractors if a complaint regarding a parent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation.

The CSLB also allows consumers to check the status of a contractor's license and order free publications. For any questions concerning the contractor (Sunvalley Solar Inc.), or to file a complaint, please write to: Registrar, Contractors State License Board, Post Office Box 26000, Sacramento, California 95826. The Contractors State License Board may also be reached by phone at 1-800-321-CSLB (2752) or online at http://www.cslb.ca.gov/.

Notice to Customer Regarding Liens

Under the California Mechanic' Lien Law, any contractor, subcontractor, laborer supplier, or other person or entity who helps to improve your property, but is not paid for his or her work or supplies, has a right to place a lien on your home, land , or property where the work was performed and take court action in order to obtain payment.

This means that after a court hearing, your home, land, and property could be sold by a court officer and the proceeds of the sale used to satisfy what you owe. This can happen even if you have paid your contractor in full if the contractor's subcontractors, laborers, or suppliers remain unpaid.

To preserve their rights to file a claim or lien against your property, certain claimants such as subcontractors or material suppliers are each required to proVide you with a document called a "Preliminary Notice". Contractor and laborers who contract with customers directly do not have to provide such notice since you are aware of their existence as an customer. A preliminary notice is not a lien against your property. Its purpose is to notify you of persons or entities that may have a right to file a lien against your property if they are not paid. In order to perfect their lien rights, a contractor, subcontractor, supplier, of laborer must file a mechanics' lien with the county recorder which then becomes a recorded lien against your property. Generally, the maximum time allowed for filing a mechanics' lien against your property is 90 days after substantial completion of your project.

No liens should be applied if the agreed payments are made on time.

 
5

 

CANCELLATION OF CONTRACT

SECTION 7.A

I, hereby cancel the contract with Sunvalley Solar Inc. that was signed on _________________________I certify that I am canceling the contract prior to the start of construction on the contracted solar electric system. If more than three business days have elapsed since signing this contract, I am responsible for permit fees or other costs incurred.

   
(Signature)
(Date)

In order to cancel your contract with Sunvalley Solar Inc, please complete this CANCELLATION PAGE, then FAX, deliver, or mail this page to:

Sunvalley Solar Inc
398 Lemon .Creek Dr. #A Walnut, CA 91789
Fax (909)598-6633

 
6

 

PROJECT SCHEDULE

SECTION B.A
Execution of the project

Notes:
1.  
After the contract is signed by both parties, the contractor will need approximately 20 working days to complete the system installation design, however, the number of working days may vary on the system size, capacity, and complexity such as any additional structural or electrical service upgrades, if necessary.
2.  
After the system design is completed, the contractor will apply for the construction permit for the solar system from the city where the system will be located. The processing time for the permit application varies from city to city.
**Permit approvals generally require approximately 20 working days.
3.  
After approval of the permit for the system pursuant to this agreement, all materials that are specified in this contract will arrive at customer's property within 3 days before the start date designated by the customer.
4.  
Contractor agrees to start and diligently pursue work through to completion to meet the project timeline stated in section 8.B, but shall not be responsible for delays for any of the following reasons: failure of the issuance of all necessary building permits within a reasonable length of time, funding of loans, disbursement of funds into funding control or escrow, acts of neglect or omission of customer or customer's employees or customer's agent, acts of God, stormy or inclement weather, extra work ordered by customer, riots or civil commotion, inability to secure material through regular recognized channels, imposition of Government priority or allocation of materials, failure of customer to make payments when due, or delays caused by inspection or changes ordered by the inspectors of authorized governmental bodies, or for acts of independent contractors, holidays, or other causes beyond Contractor's reasonable control.
5.  
Our regular working hours are Monday to Friday from 8:30AM to 5:30PM (No work will be scheduled on Saturday and Sunday, except in the case of prior written agreements between the contractor and the customer).
6.  
RIGHT TO STOP WORK. Contractor shall have the right to stop work if any payment shall not be made, when due, to Contractor under this Agreement: Contractor may keep the job on hold until all payments due are received. Failure to make payment, within five (5) days from the due date, is a material breach of this Agreement and shall entitle contractor to cease any further work.

 
7

 

SECTION 8.B

330.22 kW Photovoltaic System

Week
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
Detailed Design and Specifications
x  x x                                    
Permitting & Applications
      x x x                              
Equipment Procurement
           x x                              
Photovoltaic System Construction
              x x x x x x x x x        
Inspections, Commissioning and Startup
                                  x x x x x

 
08/19/2010
(Contractor’s Signature)
(Date)
   
 
08/19/2010
(Customer’s Signature)
(Date)
GRAPHIC1
 
Photovoltaic System Contract

 
Date: 8/18/10

This Contract Agreement Is Between:

Contractor
SECTION 1.A
 
Contractor's Name:
Sunvalley Solar Inc.
Contractor's License Number:
# 904190 (C-46 Solar)
Contractor's Address:
398 Lemon Creek Dr. #A, Walnut, CA 91789
Contractor's Telephone/Fax:
Office :( 909)598-0618/ Fax: (909)598-6633
   
AND
Customer
SECTION 1.8
 
Customer's Name:
Felix Chao Chuo Farm, INC.
Customer's Address:
89785 Avenue 80 , Thermal, CA 92274
Customer's Telephone/Fax:
760-397-0366
Project Address:
92400 Avenue 84 , Thermal, CA 92274
Meter Number(s):
AS5A8-592DKS and IID-5D3DKS-100223

Sunvalley Solar Inc. is specified as the Contractor who will provide all labor, materials and equipment in order to complete the following work at the customer's address specified in section 1.B

SECTION 2.A
The following is a list of services and equipment that will be provided by Sunvalley Solar Inc. in order to install the 329.46 kW·DC Photovoltaic System, which is estimated to produce 592,366 kWh annually.

Installation of (3,468) PV solar electric modules,
Manufacturer:
Baoding Tianwei Solarfilms
Model number:
TWSF-aSi-95W-1

Installation of (2) inverter(s)
Manufacturer:
PV POWERED
Model number:
(1) PVP260KW, (1) PVP100KW
 
 
Installation of solar module mounting hardware, AC and DC power disconnects and all required electrical materials such as conduit, wire, and circuit breakers.

 
 

 

SECTION 2.B
All materials are guaranteed to be as specified in section 2.A. The work referenced in section 2.A will be performed in accordance with the drawings submitted for city permits. All work will consist of quality workmanship and is warranted for 10 years. The sum of total project costs is $1,512,221.40

PAYMENT (Photovoltaic System)

SECTlON3.A
The total eligible project costs of $1,512,221.40 will be paid by the Customer (owner) as followed: (With payments to be made as follows; payments shall be made by cash or check):

First Payment:
$725.334.50
(Within 5 business days after the customer receives the incentive from Imperial Irrigation District utility company)

Second Payment:
$453.666.42
(Within 5 business days after the customer receives the cash grant from the U.S. Treasury Department)

Remaining Balance
$333.220.48
(Payments to begin within 5 days after system is approved/commissioned by the local utility company)

The customers total eligible payment is $ 333,220.48 and shall be applied in 60 instalments as monthly periodic payments. Each monthly payment amount is $ 5,553.67

The first instalment is due within 5 days following the photovoltaic system inspection and approval by the City Administrator and Utility Company.

Following the first instalment, Sunvalley is to send statements for monthly payment (less the first payment) to the customer. Our payment structure is based upon the premise that all statements are due and payable upon receipt, but in any event, no later than ten (10) days from the date of the statement. Sunvalley reserves the right to charge a monthly late payment fee, at the rate of ten percent (10%) per annum, from the due date for payment until receipt by the Sunvalley of the full amount.

Sunvalley like other businesses has substantial cash demands that require Sunvalley to borrow money if its accounts are not paid promptly. Thus, a finance charge at the rate of ten percent (10%) per annum of the unpaid balance, computed from date of the last invoice until paid will be added to any delinquent accounts. In the event that an account becomes delinquent, Sunvalley employs the same prudent collection procedures used by other businesses, including but not limited to third-party debt collection and legal action.

SECTlON 3.B
The owner of the renewable Energy Certificates(RECs), also known as Green tags, Renewable Energy Credits, Renewable Electricity Certificates, or Tradeable Renewable Certificates(TRCs), for this solar system as specified in section 2.A is Sunvalley Solar Inc.

 
2

 

WARRANTY/SERVICES:

SECTlON4.A
The Contractor Sunvalley Solar Inc. will provide the following warranties and services:
·  
10-year system workmanship warranty provided by Sunvalley Solar Inc., including all parts and labor that are required in the specified solar power system in section 2.A
·  
5 years product warranty on the solar panels
·  
10 years 90% of the minimal Nominal Power Output warranty on solar panels
·  
25 years 80% of the minimal Nominal Power Output warranty on solar panels
·  
10 years manufacturer's warranty on the inverter(s) that are specified in section 2.A
·  
Lifetime System Performance Monitoring
·  
5 years; semi-annual Solar Module cleaning
·  
5 years; semi-annual On-site system check and corrective reports if applicable

See Attached Sections:
Section 5.A—Acceptance of Contract
Section 6.A—Notice to Customer Regarding Complaints
Section 7.A—Cancellation of Contract
Section 8.A—Project Schedule

RESPECTFULLY SUBMITTED,

Contractor's Name:
Sunvalley Solar Inc.
By:
Henry Yu
   
 
08/19/2010
(Contractor’s Signature)
(Date)
   
 
08/19/2010
(Customer’s Signature)
(Date)


 
3

 

ACCEPTANCE

SECTION 5.A

Sunvalley Solar Inc. is hereby authorized to furnish all material, equipment and labor required to complete the work described in the above contract, for which the undersigned agrees to pay the amount stated in the above contract and according to the terms thereof. Any change involving extra cost of labor or materials will be executed only after submission and acceptance of a written change order. If Sunvalley Solar Inc. cannot get the approval from city, homeowner's association or any other related party, full deposit less $500 design drawing fee will be refunded. Sunvalley has the right to modify, renegotiate, and or cancel the contract if the Utility rebate is not successfully reserved.

The undersigned customer (owner) hereby certifies to the following statements:

The customer may cancel this transaction within 3 business days or at any time prior to the start of construction on the contracted system. If the customer cancels this contract after the equipment for the system has been ordered, the customer will be responsible for expenses incurred, included restocking charges, permit fees, and labor cost incurred by the contractor. The customer understands that cancellation by the customer after construction has begun shall be deemed a material breach of this agreement and entitles the contractor to damages. All returned checks would be charged a $50 processing fee.

   
(Customer’s Signature)
(Date)

 
4

 

NOTICE TO CUSTOMER REGARDING COMPLAINTS

SECTION 6.A

Contractors are required by law to be licensed and regulated by the Contractors State License Board (CSLB), which has jurisdiction to investigate complaints against contractors if a complaint regarding a parent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation.

The CSLB also allows consumers to check the status of a contractor's license and order free publications. For any questions concerning the contractor (Sunvalley Solar Inc.), or to file a complaint, please write to: Registrar, Contractors State License Board, Post Office Box 26000, Sacramento, California 95826. The Contractors State License Board may also be reached by phone at 1-800-321-CSLB (2752) or online at http://www.cslb.ca.gov/.

Notice to Customer Regarding Liens

Under the California Mechanic' Lien Law, any contractor, subcontractor, laborer supplier, or other person or entity who helps to improve your property, but is not paid for his or her work or supplies, has a right to place a lien on your home, land , or property where the work was performed and take court action in order to obtain payment.

This means that after a court hearing, your home, land, and property could be sold by a court officer and the proceeds of the sale used to satisfy what you owe. This can happen even if you have paid your contractor in full if the contractor's subcontractors, laborers, or suppliers remain unpaid.

To preserve their rights to file a claim or lien against your property, certain claimants such as subcontractors or material suppliers are each required to provide you with a document called a "Preliminary Notice". Contractor and laborers who contract with customers directly do not have to provide such notice since you are aware of their existence as an customer. A preliminary notice is not a lien against your property. Its purpose is to notify you of persons or entities that may have a right to file a lien against your property if they are not paid. In order to perfect their lien rights, a contractor, subcontractor, supplier, of laborer must file a mechanics' lien with the county recorder which then becomes a recorded lien against your property. Generally, the maximum time allowed for filing a mechanics' lien against your property is 90 days after substantial completion of your project.

No liens should be applied if the agreed payments are made on time.

 
5

 

CANCELLATION OF CONTRACT

SECTION 7.A

I, hereby cancel the contract with Sunvalley Solar Inc. that was signed on _________________________I certify that I am canceling the contract prior to the start of construction on the contracted solar electric system. If more than three business days have elapsed since signing this contract, I am responsible for permit fees or other costs incurred.

   
(Signature)
(Date)

In order to cancel your contract with Sunvalley Solar Inc, please complete this CANCELLATION PAGE, then FAX, deliver, or mail this page to:

Sunvalley Solar Inc
398 Lemon .Creek Dr. #A Walnut, CA 91789
Fax (909)598-6633

 
6

 

PROJECT SCHEDULE

SECTION B.A
Execution of the project

Notes:
1.  
After the contract is signed by both parties, the contractor will need approximately 20 working days to complete the system installation design, however, the number of working days may vary on the system size, capacity, and complexity such as any additional structural or electrical service upgrades, if necessary.
2.  
After the system design is completed, the contractor will apply for the construction permit for the solar system from the city where the system will be located. The processing time for the permit application varies from city to city.
**Permit approvals generally require approximately 20 working days.
3.  
After approval of the permit for the system pursuant to this agreement, all materials that are specified in this contract will arrive at customer's property within 3 days before the start date designated by the customer.
4.  
Contractor agrees to start and diligently pursue work through to completion to meet the project timeline stated in section 8.B, but shall not be responsible for delays for any of the following reasons: failure of the issuance of all necessary building permits within a reasonable length of time, funding of loans, disbursement of funds into funding control or escrow, acts of neglect or omission of customer or customer's employees or customer's agent, acts of God, stormy or inclement weather, extra work ordered by customer, riots or civil commotion, inability to secure material through regular recognized channels, imposition of Government priority or allocation of materials, failure of customer to make payments when due, or delays caused by inspection or changes ordered by the inspectors of authorized governmental bodies, or for acts of independent contractors, holidays, or other causes beyond Contractor's reasonable control.
5.  
Our regular working hours are Monday to Friday from 8:30AM to 5:30PM (No work will be scheduled on Saturday and Sunday, except in the case of prior written agreements between the contractor and the customer).
6.  
RIGHT TO STOP WORK. Contractor shall have the right to stop work if any payment shall not be made, when due, to Contractor under this Agreement: Contractor may keep the job on hold until all payments due are received. Failure to make payment, within five (5) days from the due date, is a material breach of this Agreement and shall entitle contractor to cease any further work

 
7

 

SECTION 8.B

329.46 kW Photovoltaic System

Week
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
Detailed Design and Specifications
x  x x                                    
Permitting & Applications
      x x x                              
Equipment Procurement
           x x                              
Photovoltaic System Construction
              x x x x x x x x x        
Inspections, Commissioning and Startup
                                  x x x x x


 
08/19/2010
(Contractor’s Signature)
(Date)
   
 
08/19/2010
(Customer’s Signature)
(Date)
GRAPHIC1
 
Photovoltaic System Contract


Date: 8/18/10

This Contract Agreement Is Between:

Contractor
SECTION 1.A
 
Contractor's Name:
Sunvalley Solar Inc.
Contractor's License Number:
# 904190 (C-46 Solar)
Contractor's Address:
398 Lemon Creek Dr. #A, Walnut, CA 91789
Contractor's Telephone/Fax:
Office :( 909)598-0618/ Fax: (909)598-6633
   
AND
Customer
SECTION 1.8
 
Customer's Name:
Felix Chao Chuo Farm, INC.
Customer's Address:
89785 Avenue 80 , Thermal, CA 92274
Customer's Telephone/Fax:
760-397-0366
Project Address:
89785 Avenue 80 , Thermal, CA 92274
Meter Number(s):
IID-5Y3DKS-100286 and AS5D3-339DKS

Sunvalley Solar Inc. is specified as the Contractor who will provide all labor, materials and equipment in order to complete the following work at the customer's address specified in section 1.B

SECTION 2.A
The following is a list of services and equipment that will be provided by Sunvalley Solar Inc. in order to install the 323.76 kW·DC Photovoltaic System, which is estimated to produce 584,355 kWh annually.

Installation of (3,408) PV solar electric modules,
Manufacturer:
Baoding Tianwei Solarfilms
Model number:
TWSF-aSi-95W-1

Installation of (2) inverter(s)
Manufacturer:
PV POWERED
Model number:
(1) PVP260KW, (1) PVP50KW
 
 
Installation of solar module mounting hardware, AC and DC power disconnects and all required electrical materials such as conduit, wire, and circuit breakers.

 
 

 

SECTION 2.B
All materials are guaranteed to be as specified in section 2.A. The work referenced in section 2.A will be performed in accordance with the drawings submitted for city permits. All work will consist of quality workmanship and is warranted for 10 years. The sum of total project costs is $1,489,296.00

PAYMENT (Photovoltaic System)

SECTlON3.A
The total eligible project costs of $1,489,296.00 will be paid by the Customer (owner) as followed: (With payments to be made as follows; payments shall be made by cash or check):

First Payment:
$715,192.28
(Within 5 business days after the customer receives the incentive from Imperial Irrigation District utility company)

Second Payment:
$446,788.80
(Within 5 business days after the customer receives the cash grant from the U.S. Treasury Department)

Remaining Balance
$327,314.92
(Payments to begin within 5 days after system is approved/commissioned by the local utility company)

The customers total eligible payment is $ 327,314.92 and shall be applied in 60 instalments as monthly periodic payments. Each monthly payment amount is $ 5,455.24

The first instalment is due within 5 days following the photovoltaic system inspection and approval by the City Administrator and Utility Company.

Following the first instalment, Sunvalley is to send statements for monthly payment (less the first payment) to the customer. Our payment structure is based upon the premise that all statements are due and payable upon receipt, but in any event, no later than ten (10) days from the date of the statement. Sunvalley reserves the right to charge a monthly late payment fee, at the rate of ten percent (10%) per annum, from the due date for payment until receipt by the Sunvalley of the full amount.

Sunvalley like other businesses has substantial cash demands that require Sunvalley to borrow money if its accounts are not paid promptly. Thus, a finance charge at the rate of ten percent (10%) per annum of the unpaid balance, computed from date of the last invoice until paid will be added to any delinquent accounts. In the event that an account becomes delinquent, Sunvalley employs the same prudent collection procedures used by other businesses, including but not limited to third-party debt collection and legal action.

SECTION 3.B
The owner of the renewable Energy Certificates(RECs), also known as Green tags, Renewable Energy Credits, Renewable Electricity Certificates, or Tradeable Renewable Certificates(TRCs), for this solar system as specified in section 2.A is Sunvalley Solar Inc.

 
2

 

WARRANTYI/SERVICES:

SECTlON4.A
The Contractor Sunvalley Solar Inc. will provide the following warranties and services:
·  
10-year system workmanship warranty provided by Sunvalley Solar Inc., including all parts and labor that are required in the specified solar power system in section 2.A
·  
5 years product warranty on the solar panels
·  
10 years 90% of the minimal Nominal Power Output warranty on solar panels
·  
25 years 80% of the minimal Nominal Power Output warranty on solar panels
·  
10 years manufacturer's warranty on the inverter(s) that are specified in section 2.A
·  
Lifetime System Performance Monitoring
·  
5 years; semi-annual Solar Module cleaning
·  
5 years; semi-annual On-site system check and corrective reports if applicable

See Attached Sections:
Section 5.A—Acceptance of Contract
Section 6.A—Notice to Customer Regarding Complaints
Section 7.A—Cancellation of Contract
Section 8.A—Project Schedule

RESPECTFULLY SUBMITTED,

Contractor's Name:
Sunvalley Solar Inc.
By:
Henry Yu
   
 
08/19/2010
(Contractor’s Signature)
(Date)
   
 
08/19/2010
(Customer’s Signature)
(Date)


 
3

 

ACCEPTANCE

SECTION 5.A

Sunvalley Solar Inc. is hereby authorized to furnish all material, equipment and labor required to complete the work described in the above contract, for which the undersigned agrees to pay the amount stated in the above contract and according to the terms thereof. Any change involving extra cost of labor or materials will be executed only after submission and acceptance of a written change order. If Sunvalley Solar Inc. cannot get the approval from city, homeowner's association or any other related party, full deposit less $500 design drawing fee will be refunded. Sunvalley has the right to modify, renegotiate, and or cancel the contract if the Utility rebate is not successfully reserved.

The undersigned customer (owner) hereby certifies to the following statements:

The customer may cancel this transaction within 3 business days or at any time prior to the start of construction on the contracted system. If the customer cancels this contract after the equipment for the system has been ordered, the customer will be responsible for expenses incurred, included restocking charges, permit fees, and labor cost incurred by the contractor. The customer understands that cancellation by the customer after construction has begun shall be deemed a material breach of this agreement and entitles the contractor to damages. All returned checks would be charged a $50 processing fee.

   
(Customer’s Signature)
(Date)

 
4

 

NOTICE TO CUSTOMER REGARDING COMPLAINTS

SECTION 6.A

Contractors are required by law to be licensed and regulated by the Contractors State License Board (CSLB), which has jurisdiction to investigate complaints against contractors if a complaint regarding a parent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation.

The CSLB also allows consumers to check the status of a contractor's license and order free publications. For any questions concerning the contractor (Sunvalley Solar Inc.), or to file a complaint, please write to: Registrar, Contractors State License Board, Post Office Box 26000, Sacramento, California 95826. The Contractors State License Board may also be reached by phone at 1-800-321-CSLB (2752) or online at http://www.cslb.ca.gov/.

Notice to Customer Regarding Liens

Under the California Mechanic' Lien Law, any contractor, subcontractor, laborer supplier, or other person or entity who helps to improve your property, but is not paid for his or her work or supplies, has a right to place a lien on your home, land , or property where the work was performed and take court action in order to obtain payment.

This means that after a court hearing, your home, land, and property could be sold by a court officer and the proceeds of the sale used to satisfy what you owe. This can happen even if you have paid your contractor in full if the contractor's subcontractors, laborers, or suppliers remain unpaid.

To preserve their rights to file a claim or lien against your property, certain claimants such as subcontractors or material suppliers are each required to provide you with a document called a "Preliminary Notice". Contractor and laborers who contract with customers directly do not have to provide such notice since you are aware of their existence as an customer. A preliminary notice is not a lien against your property. Its purpose is to notify you of persons or entities that may have a right to file a lien against your property if they are not paid. In order to perfect their lien rights, a contractor, subcontractor, supplier, of laborer must file a mechanics' lien with the county recorder which then becomes a recorded lien against your property. Generally, the maximum time allowed for filing a mechanics' lien against your property is 90 days after substantial completion of your project.

No liens should be applied if the agreed payments are made on time.

 
5

 

CANCELLATION OF CONTRACT

SECTION 7.A

I, hereby cancel the contract with Sunvalley Solar Inc. that was signed on _________________________I certify that I am canceling the contract prior to the start of construction on the contracted solar electric system. If more than three business days have elapsed since signing this contract, I am responsible for permit fees or other costs incurred.

   
(Signature)
(Date)

In order to cancel your contract with Sunvalley Solar Inc, please complete this CANCELLATION PAGE, then FAX, deliver, or mail this page to:

Sunvalley Solar Inc
398 Lemon .Creek Dr. #A Walnut, CA 91789
Fax (909)598-6633

 
6

 

PROJECT SCHEDULE

SECTION B.A
Execution of the project

Notes:
1.  
After the contract is signed by both parties, the contractor will need approximately 20 working days to complete the system installation design, however, the number of working days may vary on the system size, capacity, and complexity such as any additional structural or electrical service upgrades, if necessary.
2.  
After the system design is completed, the contractor will apply for the construction permit for the solar system from the city where the system will be located. The processing time for the permit application varies from city to city.
**Permit approvals generally require approximately 20 working days.
3.  
After approval of the permit for the system pursuant to this agreement, all materials that are specified in this contract will arrive at customer's property within 3 days before the start date designated by the customer.
4.  
Contractor agrees to start and diligently pursue work through to completion to meet the project timeline stated in section 8.B, but shall not be responsible for delays for any of the following reasons: failure of the issuance of all necessary building permits within a reasonable length of time, funding of loans, disbursement of funds into funding control or escrow, acts of neglect or omission of customer or customer's employees or customer's agent, acts of God, stormy or inclement weather, extra work ordered by customer, riots or civil commotion, inability to secure material through regular recognized channels, imposition of Government priority or allocation of materials, failure of customer to make payments when due, or delays caused by inspection or changes ordered by the inspectors of authorized governmental bodies, or for acts of independent contractors, holidays, or other causes beyond Contractor's reasonable control.
5.  
Our regular working hours are Monday to Friday from 8:30AM to 5:30PM (No work will be scheduled on Saturday and Sunday, except in the case of prior written agreements between the contractor and the customer).
6.  
RIGHT TO STOP WORK. Contractor shall have the right to stop work if any payment shall not be made, when due, to Contractor under this Agreement: Contractor may keep the job on hold until all payments due are received. Failure to make payment, within five (5) days from the due date, is a material breach of this Agreement and shall entitle contractor to cease any further work

 
7

 

SECTION 8.B

323.76 kW Photovoltaic System
 
Week
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
Detailed Design and Specifications
x  x x                                    
Permitting & Applications
      x x x                              
Equipment Procurement
           x x                              
Photovoltaic System Construction
              x x x x x x x x x        
Inspections, Commissioning and Startup
                                  x x x x x


 
08/19/2010
(Contractor’s Signature)
(Date)
   
 
08/19/2010
(Customer’s Signature)
(Date)