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agreement.
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11. ENTIRE AGREEMENT. This Contract contains the entire agreement of the parties, and
there are no other promises or conditions in any other agreement whether oral or written
concerning the subject matter of this Contract. This Contract supersedes any prior written or oral
agreements between the parties.
12. SEVERABILITY. If any provision of this Contract will be held to be invalid or
unenforceable for any reason, the remaining provisions will continue to be valid and enforceable.
If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting
such provision it would become valid and enforceable, then such provision will be deemed to be
written, construed, and enforced as so limited.
13. AMENDMENT. This Contract may be modified or amended in writing, if the writing is
signed by the party obligated under the amendment.
14. ApplicableLaw; Arbitration. This Agreement shall be interpreted, construed, and
governed by and under the laws of the State of California. Any dispute or controversy arising
under or in connection with this Agreement or breach thereof shall be settled exclusively by
arbitration at a mutually agreed location in accordance with the rules of a mutually agreeable
arbitrator, if the parties cannot agree to an arbitrator, then each party will select an arbitrator
and those two arbitrators will select the arbitrator. Venue of the arbitration shall be in Placer
County, California.
15. NOTICE. Any notice or communication required or permitted under this Contract shall be
sufficiently given if delivered in person or by certified mail, return receipt requested, to the
address set forth in the opening paragraph or to such other address as one party may have
furnished to the other in writing.
16. ASSIGNMENT. Neither party may assign or transfer this Contract without the prior written
consent of the non-assigning party, which approval shall not be unreasonably withheld.
17. REBATE OWNERSHIP. By signing this contract, ESP agrees to waive all rights to any
utility rebates, carbon credits or other environmental attributes. Further recipient hereby
authorizes ESP to represent and sign on their behalf in the process of filing for said rebates, Net
Metering applications and HOA approvals. However, ESP offers these services as a courtesy and
assumes neither responsibility nor liability for said services. CLIENT shall be responsibility for
any fee that may be charged to ESP by a third party for said services.
18.THREE-DAY RIGHT TO CANCEL. This agreement may be canceled within three
business days. Per Cancellation Notice attached.
19. YARD ADVERTISMENT. By signing this agreement CLIENT gives ESP written consent
in placing yard signs on CLIENTs installation site. It will be CLIENTS responsibility to request
said sign be removed.
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Service Provider:
Energy Saving Pros Construction, Inc. (ESP)
CSLB#977147
By: {#docusign_CEO }
Brian Pierce - CEO or Shad Derifield COO & Chairman
Service Recipient:
(CLIENT)
By: {#docusign_Owner}
Property Owner
{#docusign_CoOwner}
PropertyCo-Owner (ifapplicable):
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Exhibit1
NOTICEOFCANCELLATION STATUTORILY-REQUIREDLANGUAGE
"NoticeofCancellation"
Inthefollowingnotice,Energy Saving Pros Construction Inc. isreferredtoasthe"seller":
DateofTransaction:ThedateofthePropertyOwner'ssignatureasindicatedintheContract(either
handwrittenforpapersignaturesortypedforelectronicsignatures).
Youmaycancelthistransaction,withoutanypenaltyorobligation,withinthree(3)businessdaysfromt
heabovedate. If youcancel,anypropertytradedin,any
paymentsmadebyyouunderthecontractorsaleandanynegotiable
instrumentexecutedbyyouwillbereturnedwithin10daysfollowingreceiptbythesellerofyourcancel
lationnotice,andany securityinterestarisingoutofthetransactionwillbecanceled.
Ifyoucancel,youmustmakeavailabletotheselleratyourresidence,insubstantiallyasgoodconditiona
swhen
received,anygoodsdeliveredtoyouunderthiscontractorsale,oryoumay,ifyouwish,complywiththei
nstructionsofthe sellerregardingthereturnshipmentofthegoodsattheseller'sexpenseandrisk.
Ifyoudomakethegoodsavailabletotheseller
andthesellerdoesnotpickthemupwithin20daysofthedateofyour
noticeofcancellation,youmayretainordisposeofthegoodswithoutanyfurtherobligation.Ifyoufailt
omakethegoods
availabletotheseller,orifyouagreetoreturnthegoodstothesellerandfailtodoso,thenyouremainliabl
eforperformance ofallobligationsunderthecontract.
Tocancelthistransaction,mailordeliverasignedanddatedcopyofthiscancellationnotice,oranyothe
rwrittennotice, toEnergy Saving Pros Construction, Inc.,
3330 Swetzer Rd., Loomis, CA 95650, Fax 916-676-8559; nolaterthanmidnightof
thethird (3rd)businessdayaftertheDateof Transaction.
I/We,___________________________________[Name],herebycancelthis
Transactionon ________________[Date].
___________________________________________________________
PropertyOwnerSignature:
___________________________________________________________
PropertyCo-Owner Signature (ifapplicable):
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