Nevada Code § 598.9817

Power purchase agreement: Contents
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A
power purchase agreement for the sale of the output 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, electronic mail address and number of the contractors license of the
solar installation company.
2. The name, mailing address, telephone
number and electronic mail address of:
(a) The provider of the distributed generation
system; and
(b) The name, mailing address, telephone number
and electronic mail address of the person responsible for all maintenance of
the distributed generation system, if different from the solar installation
company.
3. The length of the term of the
agreement.
4. An estimated timeline for the
installation of the distributed generation system.
5. The payments made during the first year
of the agreement for the price of electricity, which includes, without
limitation, the price per kilowatt-hour of electricity and the price per
monthly system electrical output.
6. The estimated annual electrical output
of the distributed generation system.
7. The rate of any increase in the
payments to be made during the term of the agreement and, if applicable, the
date of the first such increase.
8. A description of any obligation the
solar installation company has regarding construction and repair of and
insurance for the distributed generation system.
9. A description of any one-time or
recurring fees, including, without limitation, a description of the
circumstances that trigger any late fees.
10. A description of any:
(a) Taxes due at the commencement of the
agreement; and
(b) Estimation of taxes known to be applicable
during the term of the agreement, subject to a change in the state or local tax
rate or tax structure.
11. A copy of the warranty for the
distributed generation system.
12. A description of the ownership of any
tax credits, tax rebates, tax incentives or portfolio energy credits in
connection with the distributed generation system.
13. Any terms for renewal of the
agreement.
14. A description of any option to
purchase the distributed generation system before the end of the term of the
agreement.
15. A description of all options available
to the host customer in connection with the continuation, termination or
transfer of the agreement 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 host customer may transfer the obligations under the agreement to
the purchaser or transferee of the property, the conditions for any such
transfer and the process to complete a payoff of any amount owed under the
agreement; or
(b) Death of the purchaser.
16. The granting to the purchaser of the
right to rescind the agreement for a period ending not less than:
(a) For a host customer who is less than 60 years
of age, 3 business days after the agreement is signed.
(b) For a host customer who is 60 years of age or
older, 10 business days after the agreement is signed.
17. A description of any restrictions that
the agreement imposes on the modification or transfer of the property to which
the distributed generation system is affixed.
18. A description of any guarantees of the
performance of the distributed generation system.
19. A disclosure notifying the host
customer of the transferability of the obligations under the warranty to a
subsequent purchaser.
20. The granting to the host customer of
the right to rescind the agreement pursuant to NRS 598.982145 .
21. A provision that provides that the
host customer is not required to pay any money under the agreement, other than
an initial down payment or deposit 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.
22. 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 the solar
modules of the distributed generation system; and
(c) The manufacturer of any racking system of the
distributed generation system.
23. A provision requiring the host
customer 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.
24. A provision requiring the host
customer 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.
25. A provision that provides that the
host customer is liable for any damages caused by the failure of the purchaser
to comply with the provisions of any agreement set forth in subsection 24.
26. A signature block that is signed and
dated by the purchaser and the solar installation company.
27. A statement describing the due dates
of any payments.

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