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Exhibit 4 <br />Performance Guaranty <br />(if selected on Exhibit 1) <br />In consideration for Purchaser's entering into the Solar Power Purchase Agreement between [ ("Seller") and <br />Purchaser related to the System at the Premises (the "PPA"), this Performance Guaranty (this "Guaranty") is entered into by the parties <br />listed below (each a "Party" and collectively the "Parties") as of the date signed by Guarantor below (the "Effective Date"). <br />Purchaser: <br />Guarantor: <br />Name <br />City of Lakewood Ohio <br />Name <br />ENERLOGICS SOLAR LLC <br />and <br />12650 Detroit Avenue <br />and <br />7935 Cliffview Drive <br />Address <br />Lakewood, Ohio 44107 <br />Address <br />Youngstown, Ohio 44514 <br />Attention: Director of Public Works <br />Attention: Scott Ameduri <br />Phone <br />(216) 529-6800 <br />Phone <br />(216) 362-3000 x303 <br />Fax <br />Fax <br />(866)381-2761 <br />E-mail <br />pubworks@lakewoodoh.net <br />E rmiIVA <br />sameduri@enerlogics.com <br />„J. <br />This Guaranty sets forth the terms and conditions of a guarantypro!Vjded by Guarantor in conjunction with the PPA. Capitalized terms <br />not otherwise defined herein have the meanings given such terra �r the PPA Thp,term of this Guaranty will be concurrent with the <br />term of the PPA; except that it will not exceed the Initial Term Th' i3 111'aranty`� be updated by Guarantor to reflect the as -built <br />specifications of the System. <br />1. Guaranty. Guarantor guarantees that during the term of the PPA untd ]�re Guaranty Termination Date the System will generate <br />not less than Eighty (80%) of the projected generation of the System aseforth in Section 6 of Exhibit 2; provided that the <br />values set forth in Section 6 of Exhibit 2 are subject to downward adjustment for weather conditions (such adjusted figure, the <br />"Guaranteed kWh"). <br />A. Guarantor=will use <br />methods if available and`vieacend <br />(ii) available data from a MeatVyl n <br />B. If at the end of e66 <br />produced by the System as measured' <br />Contract Year (such amount being here <br />shall pay Purchaser an amount equal to (i <br />(as defined in Section 1(E)), in each case <br />Rher data to determine the System's Guaranteed kWh, based on the following <br />of preference: (i) satellite data provided by a third -party vendor of Seller; or <br />ier station at the Premises owned and properly maintained by Purchaser. <br />ontract Year until the Guaranty Termination Date the AC electricity <br />y Seller (the "Actual kWh") is Tess than the Guaranteed kWh for that <br />to "e "Energy Deficiency" for such Contract Year), then Guarantor <br />Deficiency, multiplied by (ii) the Performance Guarantee Payment Rate <br />to the affected Contract Year. <br />C. If a payment of greater than fifty dollars ($50), but less than [five thousand dollars ($5,000)] is due under <br />Section I(B), (i) Guarantor will deliver a statement to Purchaser detailing the Guaranteed kWh and the calculation of the <br />payment due; and (ii) the payment shall be due within ninety (90) days after the end of the Contract Year. If a payment of <br />greater than [five thousand dollars ($5,000)] is due under Section I(B), (i) Guarantor will deliver a statement to Purchaser <br />detailing the Guaranteed kWh and the calculation of the payment due; and (ii) the payment shall be due within two (2) business <br />days after Seller's receipt of payment under the performance guarantee obtained by Seller from [Third Sun Solar]. If no <br />payment is due, then no statement or payment will be issued. <br />D. If at the end of a Contract Year the Actual kWh is greater than the Guaranteed kWh, this surplus will be <br />carried over and will be used to offset any deficits that may occur in any subsequent Contract Years. <br />SEIA C&I PPA, version 2.0 <br />