Common use of Guaranteed Output Clause in Contracts

Guaranteed Output. Subject to the conditions set forth in this Section D, Sunrun guarantees that the Solar System will generate ninety-five percent (95%) of the Estimated Output during the Initial Term of this Agreement as set forth in Exhibit A (the "Guaranteed Output"). Subject to the conditions set forth in this Section D, Sunrun will issue you a refund if the Solar System does not generate the Guaranteed Output. Sunrun will not issue you a refund for any Solar System underproduction resulting from any system failure or lost production caused by reasons other than (a) a Solar System defect, (b) shading due to the weather or (c) shading conditions that were present at the Home at the commencement of installation. For the avoidance of doubt, Sunrun will not issue you a refund for underproduction arising from any of the following: • Underproduction arising from your failure to comply with your obligations under the Agreement. • Underproduction arising from shading conditions (other than weather) different from those that were present at the Home at the commencement of installation. • Underproduction as a result of a grid failure disabling the Solar System. • Underproduction arising from you causing or requesting the Solar System to be shut down or to generate significantly less electric energy. • Underproduction arising from damage to the Solar System caused by foreign objects acting on the Solar System (e.g. hail, golf balls, etc.) Sunrun makes no other representation, warranty or guarantee of any kind regarding the Solar System’s actual or expected output or performance and any other express or implied warranties are hereby disclaimed. Your initials indicate that you have read, understood and accepted the provisions set forth in this Section D(2). Agreed and accepted by: (Initials)

Appears in 13 contracts

Samples: Power Purchase Agreement, Brightsave™ Power Purchase Agreement, Power Purchase Agreement

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Guaranteed Output. Subject to the conditions set forth in this Section D, Sunrun guarantees that the Solar System will generate ninety-five percent (95%) of the Estimated Output during the Initial Term of this Agreement as set forth in Exhibit A (the "Guaranteed Output"). Subject to the conditions set forth in this Section D, Sunrun will issue you a refund if the Solar System does not generate the Guaranteed Output. Sunrun will not issue you a refund for any Solar System underproduction resulting from any system failure or lost production caused by reasons other than (a) a Solar System defect, (b) shading due to the weather or (c) shading conditions that were present at the Home at the commencement of installation. For the avoidance of doubt, Sunrun will not issue you a refund for underproduction arising from any of the following: • Underproduction arising from your failure to comply with your obligations under the Agreement. • Underproduction arising from shading conditions (other than weather) different from those that were present at the Home at the commencement of installation. • Underproduction as a result of a grid failure disabling the Solar System. • Underproduction arising from you causing or requesting the Solar System to be shut down or to generate significantly less electric energy. • Underproduction arising from damage to the Solar System caused by foreign objects acting on the Solar System (e.g. hail, golf balls, etc.) Sunrun makes no other representation, warranty or guarantee of any kind regarding the Solar System’s actual or expected output or performance and any other express or implied warranties are hereby disclaimed. _ __ Your initials indicate that you have read, understood and accepted the provisions set forth in this Section D(2). Agreed and accepted by: (Initials)

Appears in 4 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

Guaranteed Output. Subject to the conditions set forth in this Section D, Sunrun guarantees that the Solar System will generate ninety-five percent (95%) 90% of the Estimated Output during the Initial Term of this Agreement as set forth in Exhibit A (the "Guaranteed Output"). Subject to the conditions set forth in this Section D, Sunrun will issue you a refund if the Solar System does not generate the Guaranteed Output. Sunrun will not issue you a refund for any Solar System underproduction resulting from any system failure or lost production caused by reasons other than (a) a Solar System defect, (b) shading due to the weather or (c) shading conditions that were present at the Home at the commencement of installation. For the avoidance of doubt, Sunrun will not issue you a refund for underproduction arising from any of the following: • Underproduction arising from your failure to comply with your obligations under the Agreement. • Underproduction arising from shading conditions (other than weather) different from those that were present at the Home at the commencement of installation. • Underproduction as a result of a grid failure disabling the Solar System. • Underproduction arising from you causing or requesting the Solar System to be shut down or to generate significantly less electric energy. • Underproduction arising from damage to the Solar System caused by foreign objects acting on the Solar System (e.g. hail, golf balls, etc.) Sunrun makes no other representation, warranty or guarantee of any kind regarding the Solar System’s actual or expected output or performance and any other express or implied warranties are hereby disclaimed. Your initials indicate that you have read, understood and accepted the provisions set forth in this Section D(2). Agreed and accepted by: (Initials)

Appears in 3 contracts

Samples: Brightsave™ Agreement, ™ Agreement, Brightbox™ Agreement

Guaranteed Output. Subject to the conditions set forth in this Section D, Sunrun guarantees that the Solar System will generate ninety-five one hundred percent (95100%) of the Estimated Output during the Initial Term of this Agreement as set forth in Exhibit A (the "Guaranteed Output"). Subject to the conditions set forth in this Section D, Sunrun will issue you a refund if the Solar System does not generate the Guaranteed Output. Sunrun will not issue you a refund for any Solar System underproduction resulting from any system failure or lost production caused by reasons other than (a) a Solar System defect, (b) shading due to the weather or (c) shading conditions that were present at the Home at the commencement of installation. For the avoidance of doubt, Sunrun will not issue you a refund for underproduction arising from any of the following: • Underproduction arising from your failure to comply with your obligations under the Agreement. • Underproduction arising from shading conditions (other than weather) different from those that were present at the Home at the commencement of installation. • Underproduction as a result of a grid failure disabling the Solar System. • Underproduction arising from you causing or requesting the Solar System to be shut down or to generate significantly less electric energy. • Underproduction arising from damage to the Solar System caused by foreign objects acting on the Solar System (e.g. hail, golf balls, etc.) Sunrun makes no other representation, warranty or guarantee of any kind regarding the Solar System’s actual or expected output or performance and any other express or implied warranties are hereby disclaimed. Your initials indicate that you have read, understood and accepted the provisions set forth in this Section D(2). Agreed and accepted by: (Initials)

Appears in 2 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement

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Guaranteed Output. Subject to the conditions set forth in this Section D, Sunrun guarantees that the Solar System will generate ninety-five percent ninety (9590%) of the Estimated Output during the Initial Term of this Agreement as set forth in Exhibit A (the "Guaranteed Output"). Subject to the conditions set forth in this Section D, Sunrun will issue you a refund if the Solar System does not generate the Guaranteed Output. Sunrun will not issue you a refund for any Solar System underproduction resulting from any system failure or lost production caused by reasons other than (a) a Solar System defect, (b) shading due to the weather or (c) shading conditions that were present at the Home at the commencement of installation. For the avoidance of doubt, Sunrun will not issue you a refund for underproduction arising from any of the following: • Underproduction arising from your failure to comply with your obligations under the Agreement. • Underproduction arising from shading conditions (other than weather) different from those that were present at the Home at the commencement of installation. • Underproduction as a result of a grid failure disabling the Solar System. • Underproduction arising from you causing or requesting the Solar System to be shut down or to generate significantly less electric energy. • Underproduction arising from damage to the Solar System caused by foreign objects acting on the Solar System (e.g. hail, golf balls, etc.) Sunrun makes no other representation, warranty or guarantee of any kind regarding the Solar System’s actual or expected output or performance and any other express or implied warranties are hereby disclaimed. Your initials indicate that you have read, understood and accepted the provisions set forth in this Section D(2). Agreed and accepted by: (Initials)

Appears in 1 contract

Samples: Prepaid Agreement

Guaranteed Output. Subject to the conditions set forth in this Section DC, Sunrun Momentum guarantees that the Solar System will generate ninety-five percent (95%) of the Estimated Output during the Initial Term of this Agreement as set forth in Exhibit A (the "Guaranteed Output"). Subject to the conditions set forth in this Section DC, Sunrun Momentum will issue you a refund if the Solar System does not generate the Guaranteed Output. Sunrun Momentum will not issue you a refund for any Solar System underproduction resulting from any system failure or lost production caused by reasons other than (a) a Solar System defect, (b) shading due to the weather or (c) shading conditions that were present at the Home at the commencement of installation. For the avoidance of doubt, Sunrun Momentum will not issue you a refund for underproduction arising from any of the following: • Underproduction arising from your failure to comply with your obligations under the Agreement. • Underproduction arising from shading conditions (other than weather) different from those that were present at the Home at the commencement of installation. • Underproduction as a result of a grid failure disabling the Solar System. • Underproduction arising from you causing or requesting the Solar System to be shut down or to generate significantly less electric energy. • Underproduction arising from damage to the Solar System caused by foreign objects acting on the Solar System (e.g. hail, golf balls, etc.) Sunrun ). Momentum makes no other representation, warranty or guarantee of any kind regarding the Solar System’s actual or expected output or performance and any other express or implied warranties are hereby disclaimed. Your initials indicate that you have read, understood and accepted the provisions set forth in this Section D(2C 5. A gr e e d a n d ac cept e d by : ( I ni t i al s ). Agreed and accepted by: (Initials)

Appears in 1 contract

Samples: Lease Agreement

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