LIMITED AND TEMPORARY WAIVER AGREEMENTLimited and Temporary Waiver Agreement • April 29th, 2010 • Premier Power Renewable Energy, Inc. • Electric & other services combined
Genesis Capital Advisors, LLC and its designated FINRA licensed Broker Dealer (“Genesis”) hereby provides a limited and temporary waiver with respect to the exclusivity provision in the agreement between Genesis and Premier Power Renewable Energy, Inc. (“Premier”) dated October 31, 2008 (“Genesis Agreement”), in order to allow Premier to enter into the engagement agreement and related placement agent agreement with Merriman Curhan Ford & Co. (“Merriman”) in the form attached hereto as Exhibit A (“Merriman Agreement”). This limited and temporary waiver does not apply to any amendments, extensions or changes to any of the terms of the Merriman Agreement, and is strictly limited to the Capital Raising Transaction (as defined in the Merriman Agreement) to be placed by Merriman. As consideration for this limited and temporary waiver, Premier shall pay Genesis a cash fee equal to $150,000 at the time capital is received by Premier. This limited and temporary waiver shall expire upon the expi
CLARIFICATION AGREEMENTClarification Agreement • April 29th, 2010 • Premier Power Renewable Energy, Inc. • Electric & other services combined
For the sake of clarification, as intended in the agreement between Premier Power Renewable Energy, Inc. (“Premier”) and Genesis Capital Advisors, LLC and its designated FINRA licensed Broker Dealer (“Genesis”) dated October 31, 2008 (“Genesis Agreement”), Premier shall pay Genesis a cash fee equal to 6% (which may be reduced to 5% upon mutual written agreement between the parties) of the total consideration received by Premier or its affiliates related to solar power plants built or sold, with respect to which Genesis has provided assistance in the development, financing or sale of said plants or their related special purpose entities. Such fee shall be paid by Premier at the time such consideration is received. All terms of the Genesis Agreement remain in full force and effect.
