Common use of Development Documents Clause in Contracts

Development Documents. Seller/Seller will deliver copies of the Development Documents for the project to be assigned by Seller at the Project Transfer Date. Seller states that all of the assignable documents necessary to complete this transaction are owned by and are the legal property of the Seller. The Seller will provide DropBox access to the library of Development Documents that are in Seller’s possession (including Seller’s reasonable access) that exist with regard to the Projects, including, but not limited to: • All Notices of Completion issued by the governing Utility; • Environmental Studies, Reports, and Permits; • Project Engineering; • Construction bids; • Construction Studies, Reports, and Permits (including all CAD drawings); • Electrical Studies, Reports, and Permits; • Interconnection Studies, Reports, Applications, Permits, and Approvals with the appropriate Utility; • Proposed Lease Documents; • The Power Purchase Agreement; • Storm water management plan and erosion control permits; • Hydrology Reports and mitigation measures, if any; • Water well documentation and water rights; • Dust control Studies, Reports, and Permits; • Site development information, drawings, and studies to date; • Access Studies, Reports, and Permits; • Access road Studies, Reports, and Permits; • Temporary & Permanent fencing design; • Land Surveys; • Electrical Construction Drawings (completed by Seller and paid out of the Purchase Price); • Project (homerun) information/design and drawings; • Utility connection information/design and drawings; • Grounding Grid information/design and drawings; • Engineering Reports and Drawings (to be completed by Seller and paid out of the Purchase Price); • Geotechnical Investigation information/design and drawings; • PV Layout designs, area information/design, and drawings; • Entrance permits to public roads; • Reports re onsite temporary storage of spoils; • Insurance policies; • Start-up information/design and drawings; • Meter station information/design and drawings; • All local governmental approvals including approved Use Permit; • Title reports and copies of all exceptions to title; • Transmission easements, rights of way, and other rights; • Interconnection and related facilities easement and use agreements; • All other studies, reports, and drawings to date. The Seller agrees to take all steps necessary to legally assign the document above as part of the ▇▇▇▇ of Sale and General Assignment and Assumption Agreement (collectively, the “Development Documents”) to Buyer as a part of the transfer of the Project on the Project Transfer Date. [Note: Project specific schedules are set forth in the emails dated June 8, 2012 from ▇▇▇▇▇ ▇▇▇▇ representing Buyer to ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ representing Seller]

Development Documents. Seller/Seller will deliver copies of the Development Documents for the project to be assigned by Seller at the Project Transfer DateClosing. Seller states that all of the assignable documents necessary to complete this transaction are owned by and are the legal property of the Seller. The Seller will provide DropBox access to the library of Development Documents that are in Seller’s possession (including Seller’s reasonable access) that exist with regard to the Projects, including, but not limited to: • All Notices of Completion issued by the governing Utility; • Environmental Studies, Reports, and Permits; • Project Engineering; • Construction bids; • Construction Studies, Reports, and Permits (including all CAD drawings); • Electrical Studies, Reports, and Permits; • Interconnection Studies, Reports, Applications, Permits, and Approvals with the appropriate Utility; • Proposed Lease Documents; • The Power Purchase Agreement; • Storm water management plan and erosion control permits; • Hydrology Reports and mitigation measures, if any; • Water well documentation and water rights; • Dust control Studies, Reports, and Permits; • Site development information, drawings, and studies to date; • Access Studies, Reports, and Permits; • Access road Studies, Reports, and Permits; • Temporary & Permanent fencing design; • Land Surveys; • Electrical Construction Drawings (completed by Seller and paid out of the Purchase Price); • Project (homerun) information/design and drawings; • Utility connection information/design and drawings; • Grounding Grid information/design and drawings; • Engineering Reports and Drawings (to be completed by Seller and paid out of the Purchase Price); • Geotechnical Investigation information/design and drawings; • PV Layout designs, area information/design, and drawings; • Entrance permits to public roads; • Reports re onsite temporary storage of spoils; • Insurance policies; • Start-up information/design and drawings; • Meter station information/design and drawings; • All local governmental approvals including approved Use Permit; • Title reports and copies of all exceptions to title; • Transmission easements, rights of way, and other rights; • Interconnection and related facilities easement and use agreements; • All other studies, reports, and drawings to date. The Seller agrees to take all steps necessary to legally assign the document above as part of the General Assignment and ▇▇▇▇ of Sale and General Assignment and Assumption Agreement (collectively, the “Development Documents”) to Buyer as a part condition of the transfer of the Project on the Project Transfer DateClosing. [Note: Project specific schedules are set forth in the emails dated June 8, 2012 from ▇▇▇▇▇ ▇▇▇▇ representing Buyer to ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ representing Seller] THIS ▇▇▇▇ OF SALE AND GENERAL ASSIGNMENT AND ASSUMPTION AGREEMENT (the “Agreement”) is made as of as of June [ ], 2012 (the “Effective Date”) between Solar Power, Inc., a California corporation (“Assignee”) and Solar Hub Utilities, LLC, a Hawaiian Limited Liability company (“Assignor”). Reference is made to that certain Solar Development Acquisition and Sale Agreement dated as of the Effective Date by and between Assignor and Assignee (as amended or supplemented from time to time in writing, the “Purchase Agreement”). Capitalized terms which are used but not defined herein shall have the meaning set forth in the Purchase Agreement. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Assignor, Assignor and Assignee do hereby agree as follows:

Development Documents. Seller/Seller will deliver copies of the Development Documents for the project to be assigned by Seller at the Project Transfer Date. Seller states that all of the assignable documents necessary to complete this transaction are owned by and are the legal property of the Seller. The Seller will provide DropBox access to the library of Development Documents that are in Seller’s possession (including Seller’s reasonable access) that exist with regard to the Projects, including, but not limited to: • All Notices of Completion issued by the governing Utility; • Environmental Studies, Reports, and Permits; • Project Engineering; • Construction bids; • Construction Studies, Reports, and Permits (including all CAD drawings); • Electrical Studies, Reports, and Permits; • Interconnection Studies, Reports, Applications, Permits, and Approvals with the appropriate Utility; • Proposed Lease Documents; • The Power Purchase Agreement; • Storm water management plan and erosion control permits; • Hydrology Reports and mitigation measures, if any; • Water well documentation and water rights; • Dust control Studies, Reports, and Permits; • Site development information, drawings, and studies to date; • Access Studies, Reports, and Permits; • Access road Studies, Reports, and Permits; • Temporary & Permanent fencing design; • Land Surveys; • Electrical Construction Drawings (completed by Seller and paid out of the Purchase Price); • Project (homerun) information/design and drawings; • Utility connection information/design and drawings; • Grounding Grid information/design and drawings; • Engineering Reports and Drawings (to be completed by Seller and paid out of the Purchase Price); • Geotechnical Investigation information/design and drawings; • PV Layout designs, area information/design, and drawings; • Entrance permits to public roads; • Reports re onsite temporary storage of spoils; • Insurance policies; • Start-up information/design and drawings; • Meter station information/design and drawings; • All local governmental approvals including approved Use Permit; • Title reports and copies of all exceptions to title; • Transmission easements, rights of way, and other rights; • Interconnection and related facilities easement and use agreements; • All other studies, reports, and drawings to date. The Seller agrees to take all steps necessary to legally assign the document above as part of the General Assignment and ▇▇▇▇ of Sale and General Assignment and Assumption Agreement (collectively, the “Development Documents”) to Buyer as a part of the transfer of the Project on the Project Transfer Date. [Note: Project specific schedules are set forth in the emails dated June 8, 2012 from ▇▇▇▇▇ ▇▇▇▇ representing Buyer to ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ representing Seller] THIS ▇▇▇▇ OF SALE AND GENERAL ASSIGNMENT AND ASSUMPTION AGREEMENT (the “Agreement”) is made as of as of [ ], 2012 (the “Effective Date”) between Solar Power, Inc., a California corporation (“Assignee”) and Solar Hub Utilities, LLC, a Hawaiian Limited Liability company (“Assignor”). Reference is made to that certain Solar Development Acquisition and Sale Agreement dated effective as of June 7, 2012 by and between Assignor and Assignee (as amended or supplemented from time to time in writing, the “Purchase Agreement”). Capitalized terms which are used but not defined herein shall have the meaning set forth in the Purchase Agreement. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Assignor, Assignor and Assignee do hereby agree as follows: