4/8/2010 ENVIRONMENTAL OVERSIGHT COMMITTEE Minutes

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3.7 Add for Taxes, Governmental Fees, and Special Insurance Requirements: Except as indicated above, no taxes, tariffs or other governmental fees are included in the quote shown above, nor are there any costs added for special insurance coverage the customer may require. It is the customer's responsibility to pay all local, state, and federal taxes, including, sales and use taxes, business privilege taxes, and fees of all types relating to this sale, whether they are imposed on either SolarBee, Inc. or the customer, or whether these taxes and fees are learned about after the customer orders the equipment. The customer's purchase order should indicate any taxes or fees due on equipment and/or services, and whether the customer will pay them directly to the governing body or include the tax payment with the purchase and SolarBee, Inc. will submit them to the governing body. Regarding insurance, SolarBee, Inc. maintains adequate liability and workman's compensation insurance to generally comply with its requirements for doing business in all fifty U.S states, and will provide at no charge certificates of insurance when requested. However, if additional insurance or endorsements beyond the company's standard policy are required by the customer, then the costs of those additional provisions and/or endorsements will be invoiced to the customer after the costs become known. 3.8 Maintenance and Safety: The customer agrees to follow proper maintenance instructions regarding the equipment as contained in the safety manual that accompanies the equipment or sent to the customer's address. On freshwater lakes or ponds in areas where freezing weather occurs, the customer should not run SolarBee circulators in winter where human, pet, or other traffic may occur; in those cases, the circulators should be turned off or removed to prevent creating a hole in the ice. In all water bodies, the customer is responsible to make sure that the circulators are used in a manner that keeps the reservoir safe for people that may use it. 3.9 Government Regulatory Compliance: In all reservoir systems the customer must comply with all applicable governmental regulations. In freshwater lakes, there may be local, state, and/or federal (such as the USCG and USACE in the US) guidelines and regulations pertaining to safety, proper placement, marking, and maintaining of aids to navigation, and aids to the ecology such as the SolarBee. It is the customer's sole responsibility to inquire about governmental regulations and ensure that SolarBees are deployed and maintained so as to remain in compliance with these regulations and guidelines, and to hold SolarBee, Inc. harmless from any liability caused by non-compliance with these regulations and guidelines. 3.10 SolarBee Limited Replacement Warranty: All new and factory-refurbished SolarBee equipment is warranted to be free of defective parts, materials, and workmanship for a period of 2 years from the date of installation. In addition, the SolarBee brushless motor is warranted for a period of 5 years (or 44,000 hours)from the date of installation. Photovoltaic modules (solar panels)carry manufacturer warranties, some ranging up to 25 years (see manufacturers warranty for details). This warranty is valid only for SolarBee equipment used in accordance with the owner's manual, and consistent with any initial and ongoing factory recommendations. This warranty is limited to the repair or replacement of defective components; the first 2 years the warranty also includes both parts and labor. In lieu of sending a factory service crew to the site for minor repairs, SolarBee, Inc. may choose to send the replacement parts to the owner postage paid and pay the owner a reasonable labor allowance to install the parts. There are no other warranties of any type, express or implied, and there is no liability for consequential damages of any type. Please consult your state law regarding this warranty as various states may have legal provisions affecting the scope of this warranty.