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RESIDENTIAL SOLAR WATER HEATING PROGRAM
PROGRAM AGREEMENT AND BILL OF SALE FOR ENVIRONMENTAL ATTRIBUTES
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his Program Agreement and Bill of Sale for Residential Solar Water Heating (the “Agreement”) is entered into by
and between _______________________________________________ [insert SRP Account Holder name]
(“Seller”) and Salt River Project Agricultural Improvement and Power District, an agricultural improvement district
organized and existing pursuant to the laws of the State of Arizona (“SRP”). Seller and SRP are sometimes referred
to individually as a “Party” and collectively as the “Parties”. The Parties agree as follows:
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ffective as of the date on which the solar water heating system (the “Solar System”) passes an SRP evaluation (the
“Effective Date”), Seller, in exchange for an incentive payment paid by SRP (the “Incentive”) and other good and
valuable consideration hereby sells, transfers and delivers to SRP all of its right, title, and interest in and to the
Environmental Attributes and Environmental Attribute Reporting Rights (as defined below) associated with the
operation of the Solar System owned by Seller and initially located at
____________________________________________________________ [insert installation address]. The amount
of the Incentive and payment of the Incentive will be determined in accordance with the Residential Solar Water
Heating Program Requirements (“Program Requirements”).
T
his Agreement transfers all of the Environmental Attributes and Environmental Attribute Reporting Rights produced
by the Solar System for a period of 20 years, commencing on the Effective Date (the “Transfer Period”). As used in
this Agreement (i) “Environmental Attributes” means any and all fuel, emissions, air quality, or other environmental
characteristics, including green energy tags, renewable energy credits, or certificates attributable to energy produced
by the Solar System during the Transfer Period, and (ii) “Environmental Attributes Reporting Rights” means all rights
to report ownership of the Environmental Attributes to any person or entity under Section 1605(b) of the Energy Policy
Act of 1992, any successor or replacement statutes, or otherwise. SRP shall have no interest in any Environmental
Attributes or Environmental Attribute Reporting Rights generated after the Transfer Period.
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f the Solar System is removed or not maintained operational for at least 20 years, then Seller shall reimburse SRP
a prorated portion of the Incentive for non-delivery of Environmental Attributes and Environmental Attribute Reporting
Rights. Seller shall notify SRP in writing within 30 days if the Solar System is removed or will not be kept operational.
In the event of sale of the property during the Transfer Period, the Solar System shall be deemed non-operational
unless the buyer agrees, in writing, to be bound by the terms and conditions of this Agreement.
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eller shall be solely responsible for any tax liability imposed on Seller as a result of the payment of the Incentive.
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eller represents and warrants that its sale of the Environmental Attributes and Environmental Attribute Reporting
Rights to SRP is and will be Seller’s one and only sale of the Environmental Attributes and Environmental Attribute
Reporting Rights with respect to the energy generated by the Solar System and no third party has claimed or can
claim any interest in such Environmental Attributes or Environmental Attribute Reporting Rights.
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t SRP’s request, Seller shall execute and deliver such further instruments of transfer, and shall take or cause to be
taken such other or further actions, as shall reasonably be requested for purposes of carrying out the sale of the
Environmental Attributes and Environmental Attribute Reporting Rights.
Seller shall permit SRP the right to enter the property after the Solar System has been placed in service, if required,
to conduct an evaluation of the Solar System.
Program Agreement and Bill of Sale
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Seller agrees to let SRP monitor the output of the Solar System. Seller agrees that SRP may use data from the Solar
System in research activities and may publish and disseminate the data.
Seller shall be solely responsible for the design, installation, construction, operation and maintenance of the Solar
System in accordance with all manufacturers’ requirements, all applicable codes and laws, and the requirements of
all governmental agencies having jurisdiction. SRP does not warrant or guarantee any amount of energy, energy
savings, or product reliability.
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eller further agrees that if Seller intends to sell the property upon which the Solar System is located, prior to closing,
Seller will notify the prospective purchaser that the Environmental Attributes and Environmental Attribute Reporting
Rights associated with the Solar System are the sole property of SRP for the Transfer Period and may not be sold to
any other party.Seller shall not assign this Agreement or its rights or obligations hereunder without the prior written
consent of SRP, which consent shall not be unreasonably withheld.
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eller must sign an IRS Form W-9 (Request for Taxpayer Identification Number and Certification) for the SRP
incentive paid to the Contractor to lower the installation cost of the Solar System for the amount of the incentive paid
to the Contractor on the Seller’s behalf may be taxable income to Seller.
This Agreement shall be governed by and construed, enforced and performed in accordance with the laws of the
State of Arizona, without regard to principles of conflicts of law. The Parties hereto waive their right to any jury trial
with respect to any litigation arising under or in connection with this Agreement. With respect to the instigation or
prosecution of any litigation arising out of or related to this Agreement, the Parties hereby consent to the exclusive
jurisdiction of the Maricopa County, Arizona Superior Court.
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o provisions of this Agreement may be waived except by an express written instrument executed by the Party to be
charged with such waiver. No waiver by either Party of any one or more defaults by the other in the performance of
any provisions of this Agreement shall operate or be construed as a waiver of any future default or defaults, whether
of a like or of a different character.
INCENTIVE PAYMENT INFORMATION Dealer Installer
Payee
Payment Address
City ____________________________________ State ______________ Zip +4 Code
“SELLER”: “SRP”:
By: ____________________________________ By: ____________________________________
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ignature (SRP Account Holder) SRP Representative
Name: __________________________________ Name: _________________________________
Print Name
Date: __________________________________ Date: ___________________________________
Required
By:
___________________________________
Signature (Spouse)
Name: ____________________________________
Print Name
Date: _________________________________