Common use of Construction Terms Clause in Contracts

Construction Terms. 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 this Lender Contract includes any additional requirements related to construction of the Project and disbursement of Financing, such requirements are set forth in Exhibit 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 LENDER: By: Name: Title: Address: Email Address: ACKNOWLEDGEMENT STATE OF § COUNTY OF § This PACE Lender Contract pursuant to Property Assessed Clean Energy Act was , on behalf of acknowledged before me on , by , . (print name) NOTARY PUBLIC, STATE OF LOCAL GOVERNMENT: 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 ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF § This PACE 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. (print name) NOTARY PUBLIC, STATE OF TEXAS LENDER CONTRACT EXHIBIT A OWNER CONTRACT LENDER CONTRACT EXHIBIT B FINANCING DOCUMENTS Assessment Payment Schedule Assessment Total: Payment ScheduleFrequency: Project Completion Date: Payment Date Total Payment Principal Paid Interest Paid Administration Fee Remaining Balance Financing Documents Document Title Parties Date Executed LENDER CONTRACT EXHIBIT C CONSTRUCTION TERMS [if applicable] Retainage or Liquidated Damages: Lender will retain % of the Financing until a report of completion by a qualified Independent Third Party Reviewer (“ITPR”) is provided to Authorized Representative. 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 a report of completion is not provided. Xxxxxx will then provide the report of completion to Authorized Representative. Date Draw down Amount Purpose FORM NOTICE OF CONTRACTUAL ASSESSMENT LIEN PURSUANT TO PROPERTY ASSESSED CLEAN ENERGY ACT STATE OF TEXAS § § COUNTY OF XXXXXXXXXX § RECITALS

Construction Terms. 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 this Lender Contract includes any additional requirements related to construction of the Project and disbursement of Financing, such requirements are set forth in Exhibit C 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. v.093016WLM 8 AR_ONLY PACE Lender Contract LENDERPROPERTY OWNER: By: Name: Title: Address: Email Address: ACKNOWLEDGEMENT STATE OF § COUNTY OF § This PACE Lender Contract pursuant to Property Assessed Clean Energy Act was , on behalf of acknowledged before me on , by , . (print name) NOTARY PUBLIC, STATE OF LOCAL GOVERNMENT: 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 ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF § This PACE Lender Owner Contract pursuant to Property Assessed Clean Energy Act was acknowledged before me on , 20 by , , on behalf of . (print name) NOTARY PUBLIC, XXXXX XX XXXXX XXXXX XXXXXXXXXX: XXX XXXXX COUNTY, TEXAS AUTHORIZED REPRESENTATIVE Pursuant to Tex. Local Gov’t Code §399.006(b) Name: Xxxxxxxx Xxxxxxxxx, President, Texas Xxxxxxxxx Title: president Address: XX Xxx 000000 Xxxxxx XX 00000-0000 ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF § This PACE Owner Contract pursuant to Property Assessed Clean Energy AuthorityAct was acknowledged before me on , dba Texas PACE Authority, a Texas nonprofit corporationby , on behalf of said corporation as Authorized Representative for the Local Government, , Texas. (print name) NOTARY PUBLIC, STATE OF TEXAS LENDER CONTRACT EXHIBIT A OWNER CONTRACT LENDER CONTRACT NOTICE OF CONTRACTUAL ASSESSMENT LIEN PURSUANT TO PROPERTY ASSESSED CLEAN ENERGY ACT EXHIBIT B MORTGAGE HOLDER(S) CONSENT EXHIBIT C FINANCING DOCUMENTS Assessment Payment Schedule Assessment Total: Payment ScheduleFrequency: Project Completion DateFrequency: Payment Date Total Payment Principal Paid Interest Paid Administration Fee Remaining Balance Financing Documents Document Title Parties Date Executed LENDER CONTRACT EXHIBIT C D CONSTRUCTION TERMS [if applicable] Retainage or Liquidated Damages: Lender will retain % of the Financing until a report of completion by a qualified Independent Third Party Reviewer (“ITPR”) is provided to Authorized Representative. 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 a report of completion is not provided. Xxxxxx will then provide the report of completion to Authorized Representative. Date Draw down Amount Purpose FORM NOTICE OF CONTRACTUAL ASSESSMENT LIEN PURSUANT TO PROPERTY ASSESSED CLEAN ENERGY ACT STATE OF TEXAS § § COUNTY OF XXXXXXXXXX § RECITALSTERMS

Construction Terms. If this Lender Contract includesThe The Financing Documents executed by Xxxxxx Lender 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 this the Lender Contract includes any additional requirements related to the construction of the Project and disbursement of Financing, such requirements are set forth in Exhibit C 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. v.093016WLM 8 AR_ONLY PACE Lender Contract LENDERPROPERTY OWNER: By: Name: Title: Address: Email Addressaddress: ACKNOWLEDGEMENT STATE OF § COUNTY OF § This PACE Lender Owner Contract pursuant to Property Assessed Clean Energy Act was , on behalf of acknowledged before me on , by , , on behalf of . (print name) NOTARY PUBLIC, STATE OF LOCAL GOVERNMENT: WILLIAMSON XXXXXXXXXX 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 AUSTINXX XXX 000000 XXXXXX, TX 78720XX 00000-0368 0000 Email Address: xxxxxxxx@xxxxxxxxxxxxxxxxxx.xxx ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF _ § This PACE Lender 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. (print name) NOTARY PUBLIC, STATE OF TEXAS LENDER OWNER CONTRACT EXHIBIT A NOTICE OF CONTRACTUAL ASSESSMENT LIEN PURSUANT TO PROPERTY ASSESSED CLEAN ENERGY ACT OWNER CONTRACT LENDER CONTRACT EXHIBIT B MORTGAGE HOLDER(S) CONSENT OWNER CONTRACT EXHIBIT C FINANCING DOCUMENTS Assessment Payment Schedule Assessment Total: Payment ScheduleFrequency: Project Completion DateFrequency: Payment Date Total Payment Principal Paid Interest Paid Administration Fee Remaining Balance Financing Documents Document Title Parties Date Executed LENDER OWNER CONTRACT EXHIBIT C D CONSTRUCTION TERMS [if applicable] Retainage or Liquidated Damages: Lender will retain % of the Financing until a report of completion by a qualified Independent Third Party Reviewer (“ITPR”) is provided to Authorized Representative. 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 a report of completion is not provided. Xxxxxx Lender will then provide the report of completion to Authorized Representative. Additional Construction Terms Date Draw down Amount Purpose FORM NOTICE OF CONTRACTUAL ASSESSMENT LIEN PURSUANT TO PACE LENDER CONTRACT THIS PROPERTY ASSESSED CLEAN ENERGY ACT STATE OF TEXAS § § COUNTY OF XXXXXXXXXX § RECITALS(“PACE”) LENDER CONTRACT including the attached exhibits (“Lender Contract”) is made as of the day of , , (“Effective Date”) by and between Xxxxxxxxxx County, Texas (“Local Government”) and (“Lender”).

Construction Terms. 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 this Lender Contract includes any additional requirements related to construction of the Project and disbursement of Financing, such requirements are set forth in Exhibit C 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. v.093016WLM 8 AR_ONLY PACE Lender Contract LENDERPROPERTY OWNER: By: Name: Title: Address: Email Address: ACKNOWLEDGEMENT STATE OF § COUNTY OF § This PACE Lender Contract pursuant to Property Assessed Clean Energy Act was , on behalf of acknowledged before me on , by , . (print name) NOTARY PUBLIC, STATE OF LOCAL GOVERNMENT: 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 ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF § This PACE Lender 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. (print name) NOTARY PUBLIC, STATE OF TEXAS LENDER CONTRACT LOCAL GOVERNMENT: NUECES COUTY, TEXAS By: AUTHORIZED REPRESENTATIVE Pursuant to Tex. Local Gov’t Code §399.006(b) Name: Xxxxxxxx Xxxxxxxxx Title: President Address: X.X. Xxx 000000 Xxxxxx XX 00000-0000 ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF § This PACE Owner Contract pursuant to Property Assessed Clean Energy Act was acknowledged before me on , by , on behalf of , , Texas. (print name) NOTARY PUBLIC, STATE OF TEXAS EXHIBIT A OWNER CONTRACT LENDER CONTRACT NOTICE OF CONTRACTUAL ASSESSMENT LIEN PURSUANT TO PROPERTY ASSESSED CLEAN ENERGY ACT EXHIBIT B MORTGAGE HOLDER(S) CONSENT EXHIBIT C FINANCING DOCUMENTS Assessment Payment Schedule Assessment Total: Payment ScheduleFrequency: Project Completion DateFrequency: Payment Date Total Payment Principal Paid Interest Paid Administration Fee Remaining Balance Financing Documents Document Title Parties Date Executed LENDER CONTRACT EXHIBIT C D CONSTRUCTION TERMS [if applicable] Retainage or Liquidated Damages: Lender will retain % of the Financing until a report of completion by a qualified Independent Third Party Reviewer (“ITPR”) is provided to Authorized Representative. 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 a report of completion is not provided. Xxxxxx will then provide the report of completion to Authorized Representative. Date Draw down Amount Purpose FORM NOTICE OF CONTRACTUAL ASSESSMENT LIEN PURSUANT TO PROPERTY ASSESSED CLEAN ENERGY ACT STATE OF TEXAS § § COUNTY OF XXXXXXXXXX § RECITALSTERMS