Common use of Construction Terms Clause in Contracts

Construction Terms. The Financing Documents executed by Xxxxxx and Property Owner must include a requirement that Lender will withhold % of the Financing until verification that the Project was properly completed and is operating as intended is provided to Authorized Representative by an Independent Third Party Reviewer (“ITPR), or Property Owner will pay liquidated damages to Lender of $ per day for every day after 30 days following completion of the Project that such verification of completion is not provided. If verification of completion is not provided by Property Owner within 30 days after completion of the Project, such verification shall be submitted by Lender. If the Lender Contract includes requirements related to the construction of the Project and disbursement of Financing, such requirements are set forth in Exhibit D attached hereto and incorporated herein by reference. Such requirements may include, among other things, (1) the disbursement schedule and (2) any holdback amount to be funded following verification of final project completion. By: Title: Address: Email address: STATE OF § COUNTY OF § This PACE Owner Contract pursuant to Property Assessed Clean Energy Act was acknowledged before me on NOTARY PUBLIC, STATE OF WILLIAMSON COUNTY, TEXAS By: TEXAS PROPERTY ASSESSED CLEAN ENERGY AUTHORITY AUTHORIZED REPRESENTATIVE Pursuant to Tex. Local Gov’t Code §399.006(b) By: Name: XXXXXXXX XXXXXXXXX Title: PRESIDENT, TEXAS PACE AUTHORITY Address: PO BOX 200368 AUSTIN, TX 78720-0368 Email Address: xxxxxxxx@xxxxxxxxxxxxxxxxxx.xxx STATE OF TEXAS § COUNTY OF _ § This PACE Owner Contract pursuant to Property Assessed Clean Energy Act was acknowledged before me on , 20 by Xxxxxxxx Xxxxxxxxx, President, Texas Property Assessed Clean Energy Authority, dba Texas PACE Authority, a Texas nonprofit corporation, on behalf of said corporation as Authorized Representative for the Local Government. NOTICE OF CONTRACTUAL ASSESSMENT LIEN PURSUANT TO Assessment Total: Payment Frequency: OWNER CONTRACT EXHIBIT D CONSTRUCTION TERMS Lender will retain % of the Financing until a report of completion by a qualified Independent Third Party Reviewer (“ITPR”) is provided to Authorized Representative. Property Owner will pay liquidated damages to Lender of $ per day for every day after 30 days following completion of the Project that such a report of completion is not provided. Xxxxxx will then provide the report of completion to Authorized Representative. THIS PROPERTY ASSESSED CLEAN ENERGY (“PACE”) LENDER CONTRACT including the attached exhibits (“Lender Contract”) is made as of the day of , , (“Effective Date”) by and between Williamson County, Texas (“Local Government”) and (“Lender”).

Construction Terms. The Financing Documents executed by Xxxxxx and Property Owner must include a requirement that Lender will shall withhold % of the Financing until verification that the Project was properly completed and is operating as intended is provided to Authorized Representative by an Independent Third Party Reviewer (“ITPR), ITPR or Property Owner will shall pay liquidated damages to Lender of $ per day for every day after 30 days following completion of the Project that such verification of completion is not provided. If verification of completion is not provided by Property Owner within 30 days after completion of the Project, such verification shall be submitted by Lender. If the PACE Lender Contract includes requirements related to the construction of the Project and disbursement of Financing, such requirements are set forth in Exhibit D attached hereto and incorporated herein by reference. Such requirements may include, among other things, (1) the disbursement schedule and (2) any holdback amount to be funded following verification of final project Project completion. By: Name: Title: Address: Email addressAddress: STATE OF § COUNTY OF § This PACE Owner Contract pursuant to Property Assessed Clean Energy Act was acknowledged before me on NOTARY PUBLIC, STATE OF WILLIAMSON by , , on behalf of . ANDERSON COUNTY, TEXAS By: TEXAS PROPERTY ASSESSED CLEAN ENERGY AUTHORITY dba TEXAS PACE AUTHORITY AUTHORIZED REPRESENTATIVE Pursuant to Tex. Local Gov’t Code §399.006(b) By: Name: XXXXXXXX XXXXXXXXX Title: PRESIDENT, TEXAS PACE AUTHORITY PRESIDENT Address: PO BOX 200368 AUSTIN, TX 78720-0368 Email Address: xxxxxxxx@xxxxxxxxxxxxxxxxxx.xxx xxxxx@xxxxxxxxxxxxxxxxxx.xxx STATE OF TEXAS § COUNTY OF _ § This PACE Owner Contract pursuant to Property Assessed Clean Energy Act was acknowledged before me on , 20 by Xxxxxxxx Xxxxxxxxx, President, Texas Property Assessed Clean Energy Authority, dba Texas PACE Authority, a Texas nonprofit corporation, on behalf of said corporation and as Authorized Representative for the Local Government. NOTICE OF CONTRACTUAL ASSESSMENT LIEN PURSUANT TO Assessment Total: Payment Frequency: PACE OWNER CONTRACT EXHIBIT D CONSTRUCTION TERMS Lender will shall retain % of the Financing until a report of completion by a qualified Independent Third Party Reviewer (“ITPR”) is provided to Authorized Representative. Property Owner will shall pay liquidated damages to Lender of $ per day for every day after 30 days following completion of the Project that such a report of completion is not provided. Xxxxxx will Lender shall then provide the report of completion to Authorized Representative. THIS PROPERTY ASSESSED CLEAN ENERGY (“PACE”) LENDER CONTRACT including the attached exhibits (“Lender Contract”) is made as of the day of , , (“Effective Date”) by and between Williamson County, Texas (“Local Government”) and (“Lender”).

Construction Terms. The Financing Documents executed by Xxxxxx Lender and Property Owner must include a requirement that Lender will withhold % of the Financing until verification by an Independent Third Party Reviewer (“ITPR) to Authorized Representative that the Project was properly completed and is operating as intended is provided to Authorized Representative by an Independent Third Party Reviewer (“ITPR), or intended. Property Owner will pay liquidated damages to Lender of $ per day for every day after 30 days following completion of the Project that such verification of completion is not provided. If verification of completion is not provided by Property Owner within 30 days after completion of the Project, such verification shall be submitted by Lender. If the Lender Contract includes requirements related to the construction of the Project and disbursement of Financing, such requirements are set forth in Exhibit D attached hereto and incorporated herein by reference. Such requirements may include, among other things, (1) the disbursement schedule (2) Contractual Interest and penalties, and (23) any holdback amount to be funded following verification of final project completion. By: Name: Title: Address: Email address: STATE OF § COUNTY OF § This PACE Owner Contract pursuant to Property Assessed Clean Energy Act was acknowledged before me on NOTARY PUBLIC, STATE by , , on behalf of . PACE OWNER CONTRACT [1 OF WILLIAMSON 2] COLLIN COUNTY, TEXAS By: TEXAS PROPERTY ASSESSED CLEAN ENERGY AUTHORITY AUTHORIZED REPRESENTATIVE Pursuant to Tex. Local Gov’t Code §399.006(b) By: Name: XXXXXXXX XXXXXXXXX Title: PRESIDENT, TEXAS PACE AUTHORITY Address: PO BOX 200368 AUSTIN, TX 78720-0368 Email Address: xxxxxxxx@xxxxxxxxxxxxxxxxxx.xxx STATE OF TEXAS § COUNTY OF _ § This PACE Owner Contract pursuant to Property Assessed Clean Energy Act was acknowledged before me on , 20 by Xxxxxxxx Xxxxxxxxx, President, Texas Property Assessed Clean Energy Authority, dba Texas PACE Authority, a Texas nonprofit corporation, on behalf of said corporation as Authorized Representative for the Local Government. , a Texas Assessment Total: Payment Frequency: Payment Date Total Payment Principal Paid Interest Paid Administration Fee Remaining Balance INDEXING INSTRUCTION: Grantor: Grantees: After recording, return to- NOTICE OF CONTRACTUAL ASSESSMENT LIEN PURSUANT TO Assessment Total: Payment Frequency: OWNER CONTRACT EXHIBIT D CONSTRUCTION TERMS Lender will retain % of the Financing until a report of completion by a qualified Independent Third Party Reviewer (“ITPR”) is provided to Authorized Representative. Property Owner will pay liquidated damages to Lender of $ per day for every day after 30 days following completion of the Project that such a report of completion is not provided. Xxxxxx will then provide the report of completion to Authorized Representative. THIS PROPERTY ASSESSED CLEAN ENERGY (“PACE”) LENDER CONTRACT including the attached exhibits (“Lender Contract”) is made as of the day of , , (“Effective Date”) by and between Williamson County, Texas (“Local Government”) and (“Lender”).STATE OF TEXAS § § COUNTY OF COLLIN §

Construction Terms. The Financing Documents executed by Xxxxxx and Property Owner must include a requirement that Lender will shall withhold % of the Financing until verification that the Project was properly completed and is operating as intended is provided to Authorized Representative by an Independent Third Party Reviewer (“ITPR)”) that the Project was properly completed and is operating as intended, or Property Owner will shall pay liquidated damages to Lender of $ per day for every day after 30 days following completion of the Project that such verification of completion is not provided. If verification of completion is not provided by Property Owner within 30 days on or before the 30th day after completion of the Project, such verification shall be submitted by Lender. If the this PACE Lender Contract includes any additional requirements related to the construction of the Project and disbursement of Financing, such requirements are set forth in Exhibit D of the PACE Owner Contract attached hereto as Exhibit A and incorporated herein by reference. Such requirements may include, among other things, (1) the disbursement schedule and (2) any holdback amount to be funded following verification of final project Project completion. By: Name: Title: Address: Email addressAddress: STATE OF § COUNTY OF § This PACE Owner Lender Contract pursuant to Property Assessed Clean Energy Act was acknowledged before me on NOTARY PUBLIC, STATE OF WILLIAMSON by , , on behalf of . ANDERSON COUNTY, TEXAS By: TEXAS PROPERTY ASSESSED CLEAN ENERGY AUTHORITY dba TEXAS PACE AUTHORITY AUTHORIZED REPRESENTATIVE Pursuant to Tex. Local Gov’t Code §399.006(b) By: Name: XXXXXXXX XXXXXXXXX Title: PRESIDENT, TEXAS PACE AUTHORITY PRESIDENT Address: PO BOX 200368 AUSTIN, TX 78720-0368 Email Address: xxxxxxxx@xxxxxxxxxxxxxxxxxx.xxx xxxxx@xxxxxxxxxxxxxxxxxx.xxx STATE OF TEXAS § COUNTY OF _ § This PACE Owner Lender Contract pursuant to Property Assessed Clean Energy Act was acknowledged before me on , 20 by Xxxxxxxx Xxxxxxxxx, President, Texas Property Assessed Clean Energy Authority, dba Texas PACE Authority, a Texas nonprofit corporation, on behalf of said corporation and as Authorized Representative for the Local Government. FORM NOTICE OF CONTRACTUAL ASSESSMENT LIEN PURSUANT TO Assessment Total: Payment Frequency: OWNER CONTRACT EXHIBIT D CONSTRUCTION TERMS Lender will retain % of the Financing until a report of completion by a qualified Independent Third Party Reviewer (“ITPR”) is provided to Authorized Representative. Property Owner will pay liquidated damages to Lender of $ per day for every day after 30 days following completion of the Project that such a report of completion is not provided. Xxxxxx will then provide the report of completion to Authorized Representative. THIS PROPERTY ASSESSED CLEAN ENERGY (“PACE”) LENDER CONTRACT including the attached exhibits (“Lender Contract”) is made as of the day of , , (“Effective Date”) by and between Williamson County, Texas (“Local Government”) and (“Lender”).ACT STATE OF TEXAS § § COUNTY OF XXXXXXXX §

Construction Terms. The Financing Documents executed by Xxxxxx and Property Owner must include a requirement that Lender will withhold % of the Financing until verification that the Project was properly completed and is operating as intended is provided to Authorized Representative by an Independent Third Party Reviewer (“ITPR), or Property Owner will pay liquidated damages to Lender of $ per day for every day after 30 days following completion of the Project that such verification of completion is not provided. If verification of completion is not provided by Property Owner within 30 days after completion of the Project, such verification shall be submitted by Lender. If the this Lender Contract includes any additional requirements related to the construction of the Project and disbursement of Financing, such requirements are set forth in Exhibit D C attached hereto and incorporated herein by reference. Such requirements may include, among other things, (1) the disbursement schedule and (2) any holdback amount to be funded following verification of final project completion. By: Title: Address: Email addressAddress: STATE OF § COUNTY OF § This PACE Owner Lender Contract pursuant to Property Assessed Clean Energy Act was acknowledged before me on NOTARY PUBLIC, STATE OF WILLIAMSON COUNTY, TEXAS By: TEXAS PROPERTY ASSESSED CLEAN ENERGY AUTHORITY AUTHORIZED REPRESENTATIVE Pursuant to Tex. Local Gov’t Code §399.006(b) By: Name: XXXXXXXX XXXXXXXXX Title: PRESIDENT, TEXAS PACE AUTHORITY Address: PO BOX 200368 AUSTIN, TX 78720-0368 Email Address: xxxxxxxx@xxxxxxxxxxxxxxxxxx.xxx STATE OF TEXAS § COUNTY OF _ § This PACE Owner Lender Contract pursuant to Property Assessed Clean Energy Act was acknowledged before me on , 20 by Xxxxxxxx Xxxxxxxxx, President, Texas Property Assessed Clean Energy Authority, dba Texas PACE Authority, a Texas nonprofit corporation, on behalf of said corporation as Authorized Representative for the Local Government. NOTICE OF CONTRACTUAL ASSESSMENT LIEN PURSUANT TO Assessment Total: Payment Frequency: OWNER LENDER CONTRACT EXHIBIT D C CONSTRUCTION TERMS Lender will retain % of the Financing until a report of completion by a qualified Independent Third Party Reviewer (“ITPR”) is provided to Authorized Representative. Property Owner will pay liquidated damages to Lender of $ per day for every day after 30 days following completion of the Project that such a report of completion is not provided. Xxxxxx will then provide the report of completion to Authorized Representative. THIS PROPERTY ASSESSED CLEAN ENERGY (“PACE”) LENDER CONTRACT including the attached exhibits (“Lender Contract”) is made as of the day of , , (“Effective Date”) by and between Williamson County, Texas (“Local Government”) and (“Lender”).Date Draw down Amount Purpose STATE OF TEXAS § § COUNTY OF WILLIAMSON §

Construction Terms. The If this Lender Contract includesThe Financing Documents executed by Xxxxxx and Property Owner must include a requirement that Lender will withhold % of the Financing until verification that the Project was properly completed and is operating as intended is provided to Authorized Representative by an Independent Third Party Reviewer (“ITPR), or Property Owner will pay liquidated damages to Lender of $ per day for every day after 30 days following completion of the Project that such verification of completion is not provided. If verification of completion is not provided by Property Owner within 30 days after completion of the Project, such verification shall be submitted by Lender. If the this Lender Contract includes any additional requirements related to the construction of the Project and disbursement of Financing, such requirements are set forth in Exhibit D C attached hereto and incorporated herein by reference. Such requirements may include, among other things, (1) the disbursement schedule and (2) any holdback amount to be funded following verification of final project completion. v.093016WLM 8 AR_ONLY PACE Lender Contract By: Title: Address: Email address: STATE OF § COUNTY OF § This PACE Owner Contract pursuant to Property Assessed Clean Energy Act was , on behalf of acknowledged before me on NOTARY PUBLIC, STATE OF WILLIAMSON COUNTY, TEXAS By: By: TEXAS PROPERTY ASSESSED CLEAN ENERGY AUTHORITY AUTHORIZED REPRESENTATIVE Pursuant to Tex. Local Gov’t Code §399.006(b) By: Name: XXXXXXXX XXXXXXXXX Title: PRESIDENT, TEXAS PACE AUTHORITY Address: PO BOX 200368 AUSTIN, TX 78720-0368 Email Address: xxxxxxxx@xxxxxxxxxxxxxxxxxx.xxx STATE OF TEXAS § COUNTY OF _ § This PACE Owner Contract pursuant to Property Assessed Clean Energy Act was acknowledged before me on , 20 by Xxxxxxxx Xxxxxxxxx, President, Texas Property Assessed Clean Energy Authority, dba Texas PACE Authority, a Texas nonprofit corporation, on behalf of said corporation as Authorized Representative for the Local Government. NOTICE OF CONTRACTUAL ASSESSMENT LIEN PURSUANT TO Assessment Total: Payment FrequencyScheduleFrequency: OWNER Project Completion Date: LENDER CONTRACT EXHIBIT D C CONSTRUCTION TERMS Lender will retain % of the Financing until a report of completion by a qualified Independent Third Party Reviewer (“ITPR”) is provided to Authorized Representative. Property Owner will pay liquidated damages to Lender of $ per day for every day after 30 days following completion of the Project that such a report of completion is not provided. Xxxxxx will then provide the report of completion to Authorized Representative. THIS PROPERTY ASSESSED CLEAN ENERGY Date Draw down Amount Purpose STATE OF TEXAS § § COUNTY OF XXXXXXXXXX § M. A. The Property Assessed Clean Energy Act (“PACEPACE Act”) LENDER CONTRACT including ), Texas Local Government Code Chapter 399, authorizes the attached exhibits (“Lender Contract”) is made as governing body of a local government to establish a program and designate a region within the local government’s jurisdiction within which an authorized representative of the day local government may enter into written contracts with the record owners of privately owned commercial, industrial, agricultural, and large multifamily residential (“Effective Date”5 or more dwelling units) by and between Williamson real property to impose assessments on the property to finance the cost of permanent improvements fixed to the property intended to decrease water or energy consumption or demand. Unless otherwise expressly provided herein, all terms used herein have the same meanings ascribed to them in the PACE Act. X. X. Xxxxxxxxxx County, Texas (“Local Government”) and has established a program under the PACE Act (“LenderPACE Program”) pursuant to a resolution dated April 5th5, 2016, adopted by the Williamson County Commissioner’sCommissioners Court (the “PACE Program”),, and has designated Texas Property Assessed Clean Energy Authority, dba Texas PACE Authority, as the representative of Local Government (“Authorized Representative”) as the representative authorized to enter into and enforce the Assessment, Owner Contractwritten contracts with the owners of such property and Lender Contractthe providers of such financing described herein, and has designated the entire territory within the Williamson County, TexasCounty’s jurisdiction as a region (“(the “Region”) within which the Authorized Representative and the record owners of such real property may enter into written contracts to impose assessments to repay the financing by owners of qualified improvements on the owner’sowners’ property pursuant to the PACE Program.