Nevada Code § 598.9811

Agreement for lease of distributed generation system: Contents. [Effective through December 31, 2027.]
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An
agreement for the lease of a distributed generation system must include,
without limitation, the following information in at least 10-point font:
1. The name, mailing address, telephone
number and number of the contractors license of the solar installation
company.
2. The name, mailing address and telephone
number of:
(a) The lessor of the distributed generation
system; and
(b) The name, mailing address and telephone
number of the person responsible for all maintenance of the distributed
generation system, if different from the solar installation company.
3. An estimated timeline for the
installation of the distributed generation system.
4. The length of the term of the lease.
5. A general description of the
distributed generation system.
6. The amounts due at the signing for and
at the completion of the installation or any inspection of the distributed
generation system.
7. A description of any warranties.
8. The amount of the:
(a) Monthly payments due under the lease; and
(b) Total payments due under the lease, excluding
taxes.
9. A description of any other one-time or
recurring charges, including, without limitation, a description of the
circumstances that trigger any late fees.
10. A description of any obligation the
lessor has regarding the installation, repair or removal of the distributed
generation system.
11. A description of any obligation the
lessor has regarding construction of and insurance for the distributed
generation system.
12. A description of any:
(a) Taxes due at the commencement of the lease;
and
(b) Estimation of taxes known to be applicable
during the term of the lease, subject to any change in the state or local tax
rate or tax structure.
13. A copy of all warranties for the
distributed generation system, each of which must be acknowledged by the
initials of the lessee.
14. A disclosure notifying the lessee of
the transferability of the obligations under the warranty to a subsequent
lessee.
15. The identification of any state or
federal tax incentives that are included in calculating the amount of the
monthly payments due under the lease.
16. A description of the ownership of any
tax credits, tax rebates, tax incentives or portfolio energy credits in
connection with the distributed generation system.
17. Any terms for renewal of the lease.
18. A description of any option to
purchase the distributed generation system before the end of the term of the
lease.
19. A description of all options available
to the lessee, in connection with the continuation, termination or transfer of
the lease in the event of the:
(a) Sale or transfer of the property to which the
distributed generation system is affixed, including, without limitation,
whether the lessee may transfer the obligations under the lease to the
purchaser or transferee of the property, the conditions of any such transfer
and the process to complete a payoff of any amount owed under the lease; or
(b) Death of the lessee.
20. A description of any restrictions that
the lease imposes on the modification or transfer of the property to which the
distributed generation system is affixed.
21. The granting to the lessee of the
right to rescind the lease for a period ending not less than:
(a) For a lessee who is less than 60 years of
age, 3 business days after the lease is signed.
(b) For a lessee who is 60 years of age or older,
10 business days after the lease is signed.
22. An estimate of the amount of
electricity that could be generated by the distributed generation system in the
first year of operation.
23. The granting to the lessee of the
right to rescind the lease pursuant to NRS
598.982145 .
24. A provision indicating that the
provisions of the agreement are binding and inure to the benefit of the
successors and assigns of the parties to the agreement.
25. A provision that provides that the
lessee is not required to make any payments under the lease, other than an
initial down payment or deposit that may be charged in an amount that does not
exceed $1,000 or 10 percent of the aggregate contract price, whichever is less,
until:
(a) If the distributed generation system will be
connected to the power grid, the distributed generation system receives
permission from the appropriate public utility to connect to the power grid.
(b) If the distributed generation system will not
be connected to the power grid, the distributed generation system passes a
final inspection and becomes operational.
26. The duties of the solar installation
company if the distributed generation system fails to meet the estimated amount
of production in the first year of operation, as set forth pursuant to
paragraph (g) of subsection 2 of NRS 598.9809 .
Such duties must include, without limitation, the duty to, if the distributed
generation system has not met that amount of production 1 year after the date
on which the distributed generation system received permission from the
appropriate public utility to connect to the power grid or, if the distributed
generation system is not connected to the power grid, 1 year after the date on
which the distributed generation system passes a final inspection and becomes
operational:
(a) Take any actions necessary to ensure that the
distributed generation system will meet that amount of production in the
following year, including, without limitation, by the installation of
additional equipment or repair to any existing equipment; or
(b) Take both of the following actions:
(1) Provide notice to the lessee
acknowledging that the distributed generation system has not met the estimated
amount of production in the first year of operation; and
(2) If the distributed generation system
has not met that estimated amount of production 1 year after the notice is
sent, take the actions described in paragraph (a).
27. On a separate page, a thorough
explanation of the estimated production of the distributed generation system
and offset, which must include, without limitation, an explanation:
(a) Of how the estimated production of the
distributed generation system and offset are calculated, including, without
limitation, the fact that such calculations are based on available data on
prior consumption;
(b) Of the effects of the behavior of the lessee
with respect to the amount of the offset, including, without limitation, the
fact that any change in consumption by the lessee will impact the estimated
offset, or savings, in relation to the production and the possibility that the
power bill of the lessee may increase based on his or her consumption; and
(c) That the lessee will always receive a power
bill if the premises of the lessee is connected to the power grid.
28. The following information concerning
the parts of the distributed generation system:
(a) The make and model of all inverters of the
distributed generation system;
(b) The make, model and power class of all solar
modules of the distributed generation system; and
(c) The manufacturer of any racking system of the
distributed generation system.
29. A provision requiring the lessee to
fully and accurately disclose all material information relating to the property
to which the distributed generation system will be affixed that may affect the
installation of the distributed generation system, including, without
limitation, any relevant modifications to the electrical service of the
property.
30. A provision requiring the lessee to
promptly execute any agreements with a public utility that are necessary and
provide to the solar installation company any information that is necessary for
the completion of the installation of the distributed generation system.
31. A provision that provides that the
lessee is liable for any damages caused by the failure of the purchaser to
comply with the provisions of any agreement set forth in subsection 30.
32. A signature block that is signed and
dated by the lessor and the lessee of the distributed generation system.
NRS 598.9811 Agreement for lease of
distributed generation system: Contents. [Effective January 1, 2028.] An agreement for the lease of a distributed
generation system must include, without limitation, the following information
in at least 10-point font:
1. The name, mailing address, telephone
number and number of the contractors license of the solar installation
company.
2. The name, mailing address and telephone
number of:
(a) The lessor of the distributed generation
system; and
(b) The name, mailing address and telephone
number of the person responsible for all maintenance of the distributed generation
system, if different from the solar installation company.
3. An estimated timeline for the
installation of the distributed generation system.
4. The length of the term of the lease.
5. A general description of the
distributed generation system.
6. The amounts due at the signing for and
at the completion of the installation or any inspection of the distributed
generation system.
7. A description of any warranties.
8. The amount of the:
(a) Monthly payments due under the lease; and
(b) Total payments due under the lease, excluding
taxes.
9. A description of any other one-time or
recurring charges, including, without limitation, a description of the
circumstances that trigger any late fees.
10. A description of any obligation the
lessor has regarding the installation, repair or removal of the distributed
generation system.
11. A description of any obligation the
lessor has regarding construction of and insurance for the distributed
generation system.
12. A description of any:
(a) Taxes due at the commencement of the lease;
and
(b) Estimation of taxes known to be applicable
during the term of the lease, subject to any change in the state or local tax
rate or tax structure.
13. A copy of all warranties for the
distributed generation system, each of which must be acknowledged by the
initials of the lessee.
14. A disclosure notifying the lessee of
the transferability of the obligations under the warranty to a subsequent
lessee.
15. A description of any obligation the
lessor has regarding the disposition of the distributed generation system in
accordance with the plan filed pursuant to NRS
444.800 .
16. The identification of any state or
federal tax incentives that are included in calculating the amount of the
monthly payments due under the lease.
17. A description of the ownership of any
tax credits, tax rebates, tax incentives or portfolio energy credits in
connection with the distributed generation system.
18. Any terms for renewal of the lease.
19. A description of any option to
purchase the distributed generation system before the end of the term of the
lease.
20. A description of all options available
to the lessee, in connection with the continuation, termination or transfer of
the lease in the event of the:
(a) Sale or transfer of the property to which the
distributed generation system is affixed, including, without limitation,
whether the lessee may transfer the obligations under the lease to the purchaser
or transferee of the property, the conditions of any such transfer and the
process to complete a payoff of any amount owed under the lease; or
(b) Death of the lessee.
21. A description of any restrictions that
the lease imposes on the modification or transfer of the property to which the
distributed generation system is affixed.
22. The granting to the lessee of the
right to rescind the lease for a period ending not less than:
(a) For a lessee who is less than 60 years of
age, 3 business days after the lease is signed.
(b) For a lessee who is 60 years of age or older,
10 business days after the lease is signed.
23. An estimate of the amount of
electricity that could be generated by the distributed generation system in the
first year of operation.
24. The granting to the lessee of the
right to rescind the lease pursuant to NRS
598.982145 .
25. A provision indicating that the
provisions of the agreement are binding and inure to the benefit of the
successors and assigns of the parties to the agreement.
26. A provision that provides that the
lessee is not required to make any payments under the lease, other than an
initial down payment or deposit that may be charged in an amount that does not
exceed $1,000 or 10 percent of the aggregate contract price, whichever is less,
until:
(a) If the distributed generation system will be
connected to the power grid, the distributed generation system receives
permission from the appropriate public utility to connect to the power grid.
(b) If the distributed generation system will not
be connected to the power grid, the distributed generation system passes a
final inspection and becomes operational.
27. The duties of the solar installation
company if the distributed generation system fails to meet the estimated amount
of production in the first year of operation, as set forth pursuant to
paragraph (g) of subsection 2 of NRS
598.9809 . Such duties must include, without limitation, the duty to, if the
distributed generation system has not met that amount of production 1 year
after the date on which the distributed generation system received permission
from the appropriate public utility to connect to the power grid or, if the
distributed generation system is not connected to the power grid, 1 year after
the date on which the distributed generation system passes a final inspection
and becomes operational:
(a) Take any actions necessary to ensure that the
distributed generation system will meet that amount of production in the
following year, including, without limitation, by the installation of
additional equipment or repair to any existing equipment; or
(b) Take both of the following actions:
(1) Provide notice to the lessee
acknowledging that the distributed generation system has not met the estimated
amount of production in the first year of operation; and
(2) If the distributed generation system
has not met that estimated amount of production 1 year after the notice is
sent, take the actions described in paragraph (a).
28. On a separate page, a thorough
explanation of the estimated production of the distributed generation system
and offset, which must include, without limitation, an explanation:
(a) Of how the estimated production of the
distributed generation system and offset are calculated, including, without
limitation, the fact that such calculations are based on available data on
prior consumption;
(b) Of the effects of the behavior of the lessee
with respect to the amount of the offset, including, without limitation, the
fact that any change in consumption by the lessee will impact the estimated
offset, or savings, in relation to the production and the possibility that the
power bill of the lessee may increase based on his or her consumption; and
(c) That the lessee will always receive a power
bill if the premises of the lessee is connected to the power grid.
29. The following information concerning
the parts of the distributed generation system:
(a) The make and model of all inverters of the
distributed generation system;
(b) The make, model and power class of all solar
modules of the distributed generation system; and
(c) The manufacturer of any racking system of the
distributed generation system.
30. A provision requiring the lessee to
fully and accurately disclose all material information relating to the property
to which the distributed generation system will be affixed that may affect the
installation of the distributed generation system, including, without
limitation, any relevant modifications to the electrical service of the
property.
31. A provision requiring the lessee to
promptly execute any agreements with a public utility that are necessary and
provide to the solar installation company any information that is necessary for
the completion of the installation of the distributed generation system.
32. A provision that provides that the
lessee is liable for any damages caused by the failure of the purchaser to
comply with the provisions of any agreement set forth in subsection 31.
33. A signature block that is signed and
dated by the lessor and the lessee of the distributed generation system.

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