This SOLAR INSTALLATION AGREEMENT (the “Agreement”) is the Agreement between Owner (which includes the undersigned Owner – as identified above – and any Co-Owner) and the undersigned installation contractor, Surf Clean Energy Inc., a New York corporation (“Surf Clean Energy” and/or “Contractor”), covering the installation by Surf Clean Energy of a solar photovoltaic (“PV”) system (“System” as outlined on Exhibit B – Project Cost, Size Estimate and Project Specifications annexed hereto) at the project address listed above (“Owner’s Property”).

1. Effective Date. THIS SOLAR INSTALLATION AGREEMENT DOES NOT BECOME EFFECTIVE UNTIL SIGNED BY OWNER AND SURF CLEAN ENERGY, AND A COPY HAS BEEN PROVIDED TO THE OWNER (the “Effective Date”).

2. Installation; Cost. Owner and Surf Clean Energy acknowledge and agree that the System to be installed at Owner’s Property will be designed, procured, constructed, installed, tested and interconnected by Surf Clean Energy or an authorized subcontractor of Surf Clean Energy (the “Installation”). The cost to Owner for the Installation under this Solar Installation Agreement is estimated to be ________________. Total cost is estimated at ________________as per current Project Size (See Exhibit B). The final contract price will be included in Exhibit A and Exhibit B upon completion of the customer’s financing.

3. IMPORTANT. Surf Clean Energy makes no guarantees, representations or warranties regarding system output or production, expected utility rate increases or any other factors used to calculate Owner’s payments or savings. No production estimates, whether given verbally or in writing, shall be legally binding, and are merely intended as informational estimates.

4. Owner’s Representation. Owner represents and warrants that Owner is the owner of (or owner of the rights to placement of the System) on the Owner’s Property. Owner is required to allow Surf Clean Energy and its subcontractors and their respective equipment onsite access to the Owner’s Property and equipment (including but not limited to the electric panel and electric meter) in order to install and operate the System and provide toilet facilities. The Owner is responsible to supply electricity to the Owner’s Property as necessary for Installation. To the best of Owner’s knowledge, there are no conditions, concealed or otherwise, that would or may impede or delay the Installation or cause the Owner’s Property to be unsuitable for the Installation, including but not limited to dry rot, termites or mold. The Owner shall pay for any additional expense incurred due to such conditions. If the Installation is to a roof, Owner acknowledges and accepts that any roof penetrations necessary to complete the Installation of a System may void any existing warranty of the roof manufacturer or roof installer. In the event of any conflict between the terms of this Solar Installation Agreement and any other agreement between Owner and Surf Clean Energy, the terms of this Solar Installation Agreement shall control.

5. Surf Clean Energy Representation. Surf CleanEnergy is a licensed contractor. Surf Clean Energy and any subcontractor retained by Surf Clean Energy shall comply with all state and local licensing and registration requirements for type of activity involved in the work specified herein.

6. Commencement of Work. The work to be performed under this Agreement shall begin within 30 days from Effective Date contingent upon LIPA rebate approval and town building approval. Work will be completed within 14 days after delivery of equipment and commencement of installation, weather permitting.Owner agrees to (a) grant Surf Clean Energy and its contractors and agents reasonable access to Owner’s Property and cooperate with Surf Clean Energy for the purpose of the Installation, including installing, using and maintaining electric lines, inverters and meters necessary to interconnect the System to Owner’s electric system; (b) cooperate with Surf Clean Energy and assist in obtaining any permits needed, including any documentation related to net metering (Surf Clean Energy shall be responsible for determining which permits are necessary and for obtaining the permits, and shall advance funds to pay for all state and local permits necessary for performing the specific work. Owner is required to sign all documentation required by municipal, State, utility and agencies in order for Surf Clean Energy to complete the installation. If Owner does not sign required documentation, Owner will be liable for damages incurred thereby); (c) obtain any consent of a third party required for the Installation, such as a homeowner’s association. Surf Clean Energy will provide reasonable assistance to assist Owner in obtaining any required third-party consent; and (d) allow Surf Clean Energy to connect the System to Owner’s local electric utility grid and provide all necessary authorizations for such interconnection.

7. Scope of Work. This Solar Installation Agreement includes all engineering, procurement, and construction of a PV solar system to be installed at the residence at the above address. The contract price includes solar PV modules and inverter(s) plus all related hardware, disconnect switches, wiring, and all labor charges for a complete installation. If the estimate is provided before the full engineering inspection, Surf Clean Energy Inc. reserves the right to provide an adjusted price after the engineering inspection. Both parties have the right to cancel this Agreement if the adjusted price is not acceptable. This is not an agreement for home improvement services or goods. This Solar Installation Agreement does not include an obligation by Surf Clean Energy to (a) remove or dispose of any hazardous substances that currently exist on Owner’s Property; (b) improve the construction of the roof of Owner’s Property to support the System; (c) remove or replace existing rot, rust or insect-infested structures; (d) provide structural framing for any part of Owner’s Property; (e) pay for or correct construction errors, omissions or deficiencies by Owner or Owner’s contractors; (f) pay for, remove or remediate mold, fungus, mildew or organic pathogens; (g) upgrade Owner’s existing electrical service; (h) install any smoke detectors, sprinklers or life safety equipment required by municipal code or inspectors as a result of the System installation; (i) pay for the removal or re-location of equipment, obstacles or vegetation in the vicinity of the System; (j) pay for any costs associated with municipal design or architectural review, or other specialty permits (this includes cost to attend any public hearings, notification of neighbors or additional drawings required); (k) paint electrical boxes or conduit at Owner’s Property; (l) move items unassociated with the System around Owner’s Property; or (m) provide any other home improvement goods or services (each an “Excluded Service”). If an Excluded Service must be performed in order to properly complete the Installation of the System, Surf Clean Energy will promptly notify Owner of the necessity of such Excluded Services, and Owner agree to promptly cause such Excluded Services to be completed by a separate contractor in accordance with Surf Clean Energy’s Installation schedule; the completion of Excluded Services will delay completion of installation of the Services, but shall not extend any installation deadlines that may exist.

8. Plans & Specifications. If plans and specifications are prepared for this job, they shall be attached to and become a part of this Agreement.

9. Changes in the Work. Should the owner, lender, or any public body or inspector direct any modification or addition to the work covered by this contract, the contract price shall be adjusted accordingly. Modification or addition to the work shall be executed only when both the Owner and Surf Clean Energy have signed a Contract Change Order. The Change Order may also increase the price of the systems and time within which the contract is to be completed. Any Change Order forms for changes or Extra Work shall be incorporated in and become a part of this Agreement.

10. Payment. Owner is responsible for all payments, regardless of financing. In the event a financing entity declines Owner’s application or approves Owner’s application but refuses payment Owner will still be legally responsible for all costs under this Agreement. All amounts are due and payable as set forth on Exhibit A- Payment Schedule annexed hereto.

11. Credit. Owner consents to and understands that partner financial institutions may perform credit checks / credit inquiries as part of the financing process.

12. Late Charge/Service Charge/Suspension or Termination of Work. A late charge in the amount of $150.00 will be charged on all Late Payments under this Agreement. “Late Payments” are defined as any payment not received within 14 days of invoice date. In addition to the late charge, service charges will be charged on any payment not received within 30 days of invoice date at the rate of 1.5 percent per month. Surf Clean Energy reserves the right to suspend or terminate performance hereunder should Owner not timely make payments under this Agreement or refuses to furnish Surf Clean Energy with access to the Owner’s Property or information necessary for the advancement of Surf Clean Energy’s work. Simultaneous with stopping work on the project, Surf Clean Energy shall give Owner written notice of the nature of Owner’s material breach of this Agreement and shall also give the Owner a ten (10) day period in which to cure this breach of contract. Owner to follow this same notice procedure with Surf Clean Energy if Owner alleges Surf Clean Energy is in material breach of this Agreement.

13. Interconnection Agreement and Utility Inspection. Owner expressly acknowledges and understands that the PV System to be installed under this Agreement cannot be activated until Owner executes an interconnection (net metering) agreement with the utility having jurisdiction of the subject property, allowing the PV System to be legally connected to the utility’s grid and that said utility will require an inspection of the PV System prior to interconnection.

14. RIGHT TO CANCEL. YOU HAVE THE RIGHT TO CANCEL THIS AGREEMENT AT ANY TIME BEFORE MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE YOU SIGN THIS AGREEMENT(SEE EXHIBIT C, THE NOTICE OF CANCELLATION FORM, FOR AN EXPLANATION OF THIS RIGHT). YOU MAY ALSO CANCEL THIS AGREEMENT AT ANY TIME BEFORE MIDNIGHT OF THE THIRD BUSINESS DAY AFTER YOU RECEIVE A FULLY SIGNED COPY OF THIS CONTRACT.

15. Owner Termination. Should Owner seek to terminate this Agreement for any reason other than Surf Clean Energy’s breach after Surf Clean Energy has initiated design process, substantially commenced its work, or purchased project specific materials Owner shall then be in material default hereunder and Surf Clean Energy shall be entitled to retain the deposit (which shall be applied against Surf Clean Energy’s damages) and may recover from Owner all other damages allowable under law such as: labor costs, design and permitting costs, and materials purchased. Owner will also be charged a restocking fee of 25% for any materials ordered by Surf Clean Energy prior to termination.

16. Owner Supplied Fixtures and Materials. Surf Clean Energy cannot and will not warrant any Owner-supplied materials or Owner performed labor (whether new or used). If Owner-supplied fixtures or materials fail due to a defect in the materials or fixtures themselves, Surf Clean Energy will charge for all labor and materials required to repair or replace both the defective materials or fixtures, and any surrounding work that is damaged by these defective materials or fixtures.

17. Warranties. To the extent authorized, Surf Clean Energy will transfer to Owner the manufacturer’s warranty upon transfer of title. Other than warranties provided by the Products manufacturer, Owner acknowledges that, with respect to the Products sold to Owner, Surf Clean Energy does not make any expressed or implied warranties and the Products are provided “AS IS,” except that Surf Clean Energy will provide parts and labor only for a period of ten (10) years to the extent not covered by the manufacturer’s warranty, EXCEPT FOR THE EXPRESS WARRANTIES STATED HEREIN, SURF CLEAN ENERGY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ON PRODUCTS FURNISHED HEREUNDER, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF DESIGN, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICES AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. Effectiveness of Warranty assumes Owner performing periodic maintenance as required. Shading from trees, and other impediments will cause shading and affect production. Tree, shrubs, branches and other causes of shade must be properly maintained for System to operate efficiently. If Owner, Owner’s representative or agent, or any non-Surf Clean Energy authorized personnel, tamper with any part of the system the warranty shall be null and void. Owner will be responsible to pay Surf Clean Energy all damages that Surf Clean Energy may incur.

Roof Warranty. Surf Clean Energywarrants and acknowledges that if in the course of the installation work Surf Clean Energy is required to penetrate the roof of the Premises and thereby causes damage to areas of the roof that are within a three (3) inch radius of roof penetrations, Surf Clean Energy will repair such damage for the benefit of the Customer. During the Roof Warranty Period (as defined below). This roof warranty will run from the date Surf Clean Energy begins installation of the System at the Premises through ten (10) years and is non-transferrable.

18. Future Roof Replacement. In the event that the existing roof at the Owner’s Property requires a complete replacement at a future point in time following the conclusion of the installation of the PV System which is the subject of this Agreement, Surf Clean Energy agrees to remove and re-install the existing roof specific PV System components at no additional charge to the Owner, provided the Owner agrees to retain and pay Surf Clean Energy and/or its assigns to replace said roof at the Owner’s Property at the then prevailing current market rates for roof replacements.

19. LIMITATION OF LIABILITY. IN NO EVENT WILL SURF CLEAN ENERGY BE LIABLE TO OWNER OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OF ANY NATURE (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR PERSONAL PROFITS, BUSINESS INTERRUPTION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR FOR BREACH OF WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY) HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL SURF CLEAN ENERGY’S TOTAL CUMULATIVE LIABILITY TO OWNER OR ANY THIRD-PARTY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, OR OTHERWISE) EXCEED THE TOTAL AMOUNT OF FEES PAID BY OWNER TO SURF CLEAN ENERGY FOR PURCHASE OF THE PRODUCTS.

20. Marketing. Owner agrees to allow Surf Clean Energy to use photographs, name(s), brand names and other relevant information in its marketing materials for the purpose of promoting the Surf Clean Energy brand name. Furthermore, Owner agrees to allow Surf Clean Energy to post sign or banner on or in front of building during course of construction.

21. Force Majeure. If the performance of this Agreement, or any obligation hereunder except the making of payments hereunder is prevented, restricted, or interfered with by reason of: terrorism, fire, flood, pandemic, earthquake, explosion, or other casualty or accident, strikes or labor disputes, inability to procure or obtain delivery of parts, supplies or power, war or other violence, or any other act or condition whatsoever beyond the reasonable control of the affected party, the party so affected, upon giving prompt notice to the other party, will be excused from such performance to the extent of such prevention, restriction, or interference; provided that the party so affected will take all reasonable steps to avoid or remove such cause of non-performance and will resume performance hereunder with dispatch whenever such causes are removed.

22. Survival. This Solar Installation Agreement shall continue in full force and effect from the Effective Date, until the earlier of (a) termination of this Solar Installation Agreement by Surf Clean Energy with or without cause, effective upon written notice to

23. Owner and (b) the 1st anniversary of the Effective Date. Upon termination, those obligations which by their nature should survive shall continue, such as (without limitation) Surf Clean Energy’s indemnity, removal and clean-up obligations, and Surf Clean Energy’s liability for damages as set forth in herein.

23. Severability. If any provision of this Agreement will be deemed to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in anyway be affected or impaired thereby.

24. Assignment; Subcontracting; Waiver. Owner’s duties and obligations herein may not be assigned or delegated without the written consent of Surf Clean Energy. Surf Clean Energy may subcontract portions of this work to properly licensed and qualifies subcontractors. No waiver will be implied from conductor failure to enforce rights, and no waiver will be effective unless in writing signed on behalf of the party against whom the waiver is asserted.

25. Attorneys’ Fees. In any action to enforce this Agreement, the prevailing party will be entitled to recover all court costs and expenses and reasonable attorneys’ fees, in addition to any other relief to which it may be entitled.

26. Notices. All notices, and other communications hereunder will be in writing, and will be addressed to Surf Clean Energy or to Owner and will be considered given when (i) delivered personally; (ii) sent by commercial overnight courier with written verification receipt; or (iii) three (3) calendar days after having been sent, postage prepaid, by certified mail.

27. Governing Law. This Agreement shall be governed by, and interpreted and enforced in accordance with, the laws of the State of New York without regard to conflicts or choice of law provisions that would defer to the substantive laws of another jurisdiction. Each of the parties hereto consents to the jurisdiction of any state court located within the County of Suffolk, State of New York, or federal court in the U.S. District Court for the Eastern District of New York located in the County of Suffolk, State of New York, and irrevocably agrees that all actions or proceedings relating to this Agreement must be litigated in such courts, and each of the parties waives any objection which it may have based on improper venue or forum non conveniens to the conduct of and proceeding in any such court.

28. Entire Agreement; Modification. This Agreement and any attachments incorporated or referred herein constitute the complete, final and exclusive statement of the terms of the agreement between the Parties and supersedes all other prior and contemporaneous negotiations and agreements, whether oral or written, between them relating to this subject matter. Any provisions in any acknowledgement form or other document prepared by Owner which vary from or are additional to the provisions of this Agreement will not bind Surf Clean Energy and are expressly rejected. This Agreement may not be varied, modified, altered, or amended except in writing signed by the Parties.

29. Other. The Owner may have rights under the New York State Home Energy Fair Practices Act (HEFPA). Inquiries about HEFPA may be made with the Department of Public Service Helpline at 1-800-342-3377 or http://www.dps.ny.gov/complaints.html. New York law may consider this Solar Installation Agreement to be a home improvement contract. Accordingly, the below provisions and notices are included herein:

1. Surf Clean Energy: See the signature block of your Solar Installation Agreement for Surf Clean Energy’s business name, address, and phone number.

2. Surf Clean Energy Home Improvement Contractor Licenses:

1. Suffolk County: HI-62275.

2. Nassau County: 158861

3. New York City: 2097285-DCA

3. Estimated Start and Completion Dates. Construction and installation of the System will begin on or about 30-90 days from the date the Solar Installation Agreement is countersigned and returned to you and will be substantially completed on or about 10 days after installation begins. These dates are estimates and are not definite start and completion dates (time is not of the essence with respect to the foregoing dates).

4. Description of Work, Materials and Price. See Exhibit B annexed hereto.

5. Copy of the Contract. You are entitled to a copy of the Agreement.

6. CONSUMER NOTICE re: Cancellation. The customer has an unconditional right to cancel the contract until midnight of the third business day after the contract was signed. Cancellation must be done in writing. See Exhibit C annexed hereto. The contractor is legally required to deposit all progress payments received prior to completion in an escrow account or post a bond to protect these payments. If the contractor or subcontractor who does the work is not paid, he may have a claim against the customer’s property under the Lien Law.