Solar 20/20 PlanTM Discount Guarantee
This Solar 20/20 Plan Discount Guarantee (the "Guarantee") is provided to you as a customer of SUNSTREET ENERGY GROUP, LLC ("SunStreet") to guarantee the 20% discount from the Reference Price used to calculate the Energy Price under your Solar 20/20 Plan Agreement and Covenants (the "Agreement"). All undefined capitalized terms used herein shall have the meaning set forth for such terms in the Agreement.
Under the terms of your Agreement, you have agreed to purchase from SunStreet all of the electric energy generated by the solar system installed on the roof of your home (the "System"), regardless of how much of this electric energy you consume and how much is sold by you to your local utility. The Energy Price that SunStreet will charge you each month for the actual electric energy generated by the System will be a rate equal to twenty percent (20%) less than the Reference Price (defined below) for such month. BECAUSE THE ENERGY PRICE IS BASED ON A DISCOUNT OFF OF THE REFERENCE PRICE, THE ENERGY PRICE WILL CHANGE IF THE REFERENCE PRICE CHANGES. THAT IS, THE ENERGY PRICE WILL INCREASE AS THE REFERENCE PRICE INCREASES AND WILL DECREASE AS THE REFERENCE PRICE DECREASES.
The "Reference Price" is a blended rate per kilowatt hour (kWh) for each month that would have otherwise been charged to you by your local utility using an estimate of your electricity consumption during such month had there been no System installed on your home. The Reference Price is based on: (i) your local utility's filed tiered rate structure, taking into consideration any seasonal adjustments (but not any "time of use" tariffs or any other similar type of customer election) (the "Utility Rate"), and (ii) its "Non-Bypassable Charges," which are all other charges imposed by your local utility, whether on a per kWh basis or as a fixed dollar amount (including, but not limited to: distribution, transmission, nuclear decommissioning, and energy cost recovery amounts), and (iii) the tax rates charged by your local utility. BECAUSE THE REFERENCE PRICE IS A BLENDED RATE BASED ON THE UTILITY RATE AND ITS NON-BYPASSABLE CHARGES, THE REFERENCE PRICE MAY CHANGE IF EITHER THE UTILITY RATE OR ITS NON-BYPASSABLE CHARGES CHANGE. SunStreet has engaged an independent third party to certify the Utility Rate, the Non-Bypassable Charges and any taxes, which we will update annually or as filed and changed by your local utility. Your Reference Price will be updated accordingly upon any such change. THIS UPDATE COULD RESULT IN A CHANGE, HIGHER OR LOWER, TO THE REFERENCE PRICE.
The Reference Price is calculated by utilizing the appropriate Utility Rate for each of the utility's tiers, based on the estimated energy consumption, adding the per kWh rate of Non-Bypassable Charges (based on the estimated energy consumption, if necessary), and adding any taxes charged by your local utility. Given that, at the inception of the Agreement, SunStreet has no actual consumption history for your home from which to calculate the actual amount of energy in each "tier" for any given month, SunStreet has engaged an independent third party to perform a "Consumption Analysis" for a home of the same size and with the same floor plan in your community as your home, to determine your estimated electricity consumption for each calendar month.
Each, year, you may request that SunStreet substitute the results of the Consumption Analysis with your actual consumption history by providing, within 30 days of each anniversary date of the later of (i) the date on which your System was Placed in Service, or (ii) the date of your Close of Escrow on your home, the unaltered invoices you have received from your local utility for your home during the prior 12 consecutive months. SunStreet will recalculate your Reference Price (up or down) using your actual consumption within 30 days of SunStreet's receipt of such invoices and adjust your Reference Price for each month going forward. In addition, in the event you paid a greater amount to SunStreet during the prior 12 month period, SunStreet will provide you with a credit against your future SunStreet invoices in the amount of such overpayment. You may request that we recalculate your Reference Price no more than once every 12 months during the term of the Agreement. Download our "Solar 20/20 Plan Guarantee Request Form" which must be completed and submitted with your utility's invoices.
YOUR REFERENCE PRICE MAY INCREASE AS A RESULT OF YOUR REQUEST. Your actual energy consumption level may be greater than the estimated energy consumption level set forth in your Consumption Analysis and consequently, your Reference Price could increase as a result of your request.
Your lower actual consumption may not affect your Reference Price. If your local utility's tiered rate structure is such that your actual energy consumption and the estimated energy consumption set forth in your Consumption Analysis fall into the same "tier," your Reference Price may not change.
This Guarantee requires that you must be the owner-occupant of the home on which the System was installed and such home must be your primary residence. The Reference Price is based on the standard Utility Rates, Non-Bypassable Charges, and any taxes charged by your local utility and does not take into account any special rates that may be charged to seniors, military personnel or other similar discounted rates.
SUNSTREET'S LIABILITY TO YOU HEREUNDER IS LIMITED TO ANY POTENTIAL CREDIT THAT MAY BE OWED BY SUNSTREET ON FUTURE INVOICES, AS SET FORTH HEREIN ONLY. IN NO EVENT WILL SUNSTREET BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, EXPECTATION, SPECIAL OR INDIRECT DAMAGES.