SolarMax Technology, Inc.

Substantial Completion.

(iv)Punch List. After the Mechanical Completion Date and prior to the Substantial Completion Date, Contractor shall inspect and prepare a list detailing all items requiring completion or correction and submit such list to Owner for review (the “Punch List”). Punch List Items shall be limited to those items which do not materially impact safety or operation. Owner shall have ten (10) Business Days to review and respond to a Punch List, including to conduct its own inspection of the Site. On or before the 5 th Business Day, Contractor, Owner, and, if required, Engineer shall review and agree on the items and the timing to complete the tasks. This Punch List shall be the official and only Punch List until and after the Substantial Completion Date. For the avoidance of doubt, inclusion or exclusion of an item on the Punch List shall not waive Contractor’s obligation to correct any defects found prior to Substantial Completion and through the Work Warranty Period.

(v)Conditions Precedent to Substantial Completion. Substantial Completion shall mean and will be deemed to have occurred only when:

(1) the BESS has successfully achieved Mechanical Completion;

(2) the Project complies with all applicable Laws and has passed all required inspections by any applicable Governmental Authority;

(3) all applicable contractor permits and approvals, if any, have been received (and are in full force and effect), and copies thereof have been delivered to Owner;

(4) the BESS (which includes the Substation) has been built in conformance with the terms and conditions of this Agreement;

(5) any Contractor Tests have been conducted and the requirements with respect thereto have been satisfied, and the BESS has achieved the Performance Criteria;

(6) all requirements of the Utility for testing and interconnection of the BESS and for Commercial Operation as described in the Interconnection Agreement have been satisfied, Contractor has delivered to Owner evidence thereof in a commercially reasonable and customary form, and the BESS is interconnected;

(7) Owner has received all Lien Waivers required by this Agreement;

(8) Contractor has delivered all equipment documentation necessary for operation and maintenance of the BESS;

(9) Owner, Contractor and the Engineer have agreed on the Punch List (including the estimated time to complete each item thereon) in accordance with Section 2.2.5(b)(i); and

(10) Owner has delivered the countersigned Substantial Completion Certificate to Contractor in accordance with the procedures set forth in Section 2.2.5(b)(iii).

(vi)Owner Acceptance. On the Day on which Contractor believes that Substantial Completion has been achieved, Contractor shall submit to Owner and Engineer a Substantial Completion Certificate along with all documentation reasonably necessary for Owner and Engineer to determine if Substantial Completion has indeed been achieved. Owner shall review such certificate and documentation with Contractor and the Engineer. Within ten (10) Business Days of Contractor’s delivery to Owner of the Substantial Completion Certificate, Owner shall either (i) countersign and deliver to Contractor the fully executed Substantial Completion Certificate to indicate its agreement that Substantial Completion has been achieved, or (ii) if reasonable cause exists for doing so, notify Contractor of its belief that Substantial Completion has not been achieved, including Owner’s or Engineer’s reasons for believing the same and advising of the actions it believes are required to achieve Substantial Completion. The procedures described in this Section 2.2.5 shall be repeated as necessary until Substantial Completion is achieved. The date when Substantial Completion is achieved (the “Substantial Completion Date”) shall be the date on which Owner and Engineer approve and deliver a countersigned Substantial Completion Certificate to Contractor.