STANDARD PRODUCT WARRANTY

[NOTE: COMPLETE PROJECT DATA WHEN SIGNING THE CONTRACT. IF A CONTRACT INVOLVES
SEVERAL PROJECTS INCLUDE ONE WARRANTY PRODUCT PER PROJECT DULY COMPLETED].

1. Warranty

Subject to the terms of this document (the “Warranty Document”), PVH warrants to the Beneficiary
that the Products will be new, will conform to the applicable quality standards, and will be free from
Defects during the relevant Warranty Period (the “Warranty”).

2. Warranty Period

The Warranty period for each component of the Products will be the period of time commencing on the
date of delivery of the relevant Product, and terminating on the following dates (each, a “Warranty
Period”):

(a) for all steel components of the Products: 10 years after the delivery of the relevant Product.

(b) for all electromechanical and driver components of the Products, not limited to: components self-
powered controller (SPC), central control device system (Tbox), Drive Box local Tracker Controller
(Dbox); Meteorological Box Controller (Mbox); autonomous wireless communication systems
network (Tracknet), data management unit (DMU), weather station, anemometer, weather
sensors, gateways, auxiliary PV panels, batteries, motors, dampers and slew drives: 5 years after
the delivery of the relevant Product.

(c) for defects in design of the Products: 25 years after the delivery of the relevant Product.

(d) for the galvanization of the Products that are galvanized in ambience C3: 25 years after the
delivery of the relevant Product

For repaired or replaced components of Products, the “Warranty Period” will be the longer of (i) 24
months from the date of repair or replacement, or (ii) the remainder of the original Warranty Period, as
defined above.

This Warranty Document covers all the commercial components that comprise the Products, however,
none of the peripheral or additional equipment (e.g. photovoltaic panels, inverters, devices, foundation
pier if foundation pier is not a component of the purchased Product, etc.) that should be connected to
the original Product that PVH delivers for the production of energy is covered by this Warranty
Document. This Warranty Document does not include labor and traveling expenses; and in the event
the site is located in a country where PVH does not have a legal entity, Purchaser shall be responsible
for the import process and duties and PVH will reimburse for the duties paid.

3. Remedies.

3.1. If, at any time during the Warranty Period, the Beneficiary discovers any Defect, PVH shall correct
such Defect, whether by repair or replacement (at PVH’s discretion) (the “Warranty Work”),
provided that, within 30 days as from the date on which the Defect was discovered (or should
have been discovered) by Beneficiary, Beneficiary sends a warranty claim to PVH (the “Warranty
Claim”) through the Support Portal indicating, among others, the following details: (i) name and
location of the Project; (ii) identification of the Products affected by the alleged Defect, (iii)
description of the alleged Defect, (iv) description of the activities carried out in order to determine
 the root cause of the alleged Defect, (v) probable root cause; and attaching photographs
evidencing the alleged Defect.

PVH will work with the Beneficiary to determine the extent and root cause of the Defect and may
elect to perform a site inspection.

If necessary, PVH may request the Beneficiary, for additional information through the Support
Portal.

Following receipt of a Warranty Claim, PVH reserves the right to: (i) inspect the Products returned
to PVH or inspect the installation of the Products on Beneficiary’s premises at any time and advise
on the acceptability of the installation regarding conformity to installation standards and
tolerance per PVH’s installation documentation, or prior to and during project commissioning
(this will not act as a waiver of a possible later determination of faulty installation); (ii) validate
Warranty Claims through inspection of items returned to PVH; and (iii) the Warranty Claim will
be automatically closed if the requested additional information has not been provided within a
7 days period. If the claim persists, a new Warranty Claim must be opened providing the
additional information.

Beneficiary agrees to (i) provide PVH access to the relevant Products; (ii) maintain and provide
PVH access to all relevant records, including but not limited to installation records, maintenance
records, weather sensors data, and inspection and certification documents; and (iii) cooperate
with PVH to provide necessary information as requested by PVH. PVH reserves the right to have
the cause of failures verified and/or determined by qualified, independent third-party testing
laboratories. Repaired or replaced Products or parts thereof will be subject to this Warranty for
the remainder of the respective original warranty period of the purchased Products or parts
thereof. Warranty service may be affected by component sub manufacturers. The Products must
be used solely with the peripheral or additional equipment expressly authorized by PVH.
Requests to use elements not expressly authorized by PVH will be considered and responded to
in a reasonably timely manner.

3.2. PVH agrees to use commercially reasonable efforts to complete any Warranty Work within 30
Business Days after submittal of the Warranty Claim, provided that there are spare parts and
consumables at the Site in a number equal, at least, to the number of spare parts and consumables
recommended under the Supply Contract, and that PVH can use such spare parts and
consumables to perform the Warranty Work (and then subsequently provide another relevant
spare part and consumable to the stock at the Site). If Warranty Work cannot be completed within
the referred period, then PVH shall diligently complete such Warranty Work as soon as possible.

3.3. The lack or inconsistency of the information provided by the Beneficiary in the Warranty Claim
could lead to delays in the performance of the Warranty Work. PVH shall not be responsible or
liable for such delays.

3.4. If for the performance of a Warranty Work, PVH considers that any Product needs to be sent to
PVH’s premises (or any other place, as determined by PVH), PVH shall arrange such transportation,
provided that the Beneficiary shall prepare the Product for the transport, using the original
shipping container or an equivalent one that is suitable. In case that the Product in question has
an internal storage, the Beneficiary shall be responsible for backing up the Product configuration
settings and data contained in internal storage (hard drives, flash drives, etc.) before the
transport, and PVH will not be responsible for loss of data or configuration settings stored in such
Product.
 In relation to the above, in case it is necessary to import or export any Product in or from the
country in which the Site is located, the Beneficiary shall take care of such import or export
procedures and PVH shall not be responsible for any delays related to such procedures.

In case it is determined, once the defect diagnostic is carried out by PVH, that the Product is not
covered under the corresponding Warranty according to the exclusions set out therein, PVH shall
have the right to impact the transportation costs of the Product collection as well as the costs
associated to the diagnostic. Such costs must be paid within the term 10 business days from the
date of the issuance of the invoice by PVH. In case of not receiving such payment within the
mentioned period, PVH reserves the right to limit the provision of services under the Warranty.
Moreover, PVH shall be entitled to dispose of the Product, without any liability for PVH, having
passed 3 months from the date of the opening of the present Warranty Claim without having
confirmation/response from PVH side to the repair budget or the invoice corresponding to the
cost of the Product collection and the costs associated to the diagnostic submitted by PVH.

All returned Products must be accompanied by a valid Warranty Claim (“WCR”) number provided
by PVH. Without a valid WCR, returned Products will not be accepted. Damages or loss during
shipment of returned Products are covered by the shipper’s insurance included in the WCR and
PVH will enforce any insurance claims for such Products.

3.5. Notwithstanding the above:

(a) the following Defects will be corrected by Beneficiary’s or Operator’s personnel: Defects
that can be fixed (i) doing a reset; or replacing electrical terminals, fungibles and/or
secondary electrical components on Dbox, Tbox, Mbox, Tracknet and SBox or any control
or communication box; or greasing/oiling rotating parts of any Product; or to replace torque
tube bearings or fungibles, (ii) replacing peripherical components and accessories of the
Products (such as UPS, anemometers, gateways or surge protectors , dampers, springs
among others), or (iii) replacing the motorization of the Products or rotating components
such as motors, or slew drives, among others.

(b) Defects that can be fixed replacing main components of Dbox, Tbox, MBox and Motor shall
be corrected as follows: Operator shall carry out the replacement according to the O&M
Manual, and when the new component is installed, a technician from PVH will configure it
remotely.

3.6. In order to provide remote support, PVH must be able to connect with the control system of the
trackers, Si. Beneficiary shall provide continuous internet access to PVH for such purpose in
accordance with the conditions established in the “Remote Access Acceptance” document
attached as Annex I.

3.7. For the avoidance of doubt, this Warranty shall only cover the repair or replacement of the
Product affected by the Defect, but does not cover the works necessary for the installation of such
new or repaired Product.

3.8. If PVH is required to perform any corrective action under this Warranty Document, and the alleged
Defect is finally not a defect covered by the Warranty, PVH will charge Beneficiary with all the
expenses and costs assumed and suffered by PVH in the performance of the referred actions (for
instance, travel and accommodation expenses, tests costs, etc.).

In the event of incidents or damage to the Products, the Beneficiary expressly undertakes not to
carry out any operation on them (except for corrective maintenance actions listed on the O&M
Manual and performed by qualified and trained personnel), without prior express and written
 consent from PVH, however, Beneficiary may carry out repairs if use of the damaged Product
would create an imminent safety risk or threat to human life.

4. Limitation of Liability

The Warranty described herein shall be the sole and exclusive Warranty granted by PVH and shall be the
sole and exclusive remedy available to the Beneficiary.

Correction of Defects, in the manner and for the period of time described herein, shall constitute
complete fulfilment of all liabilities and responsibilities of PVH to the Beneficiary with respect to the
Products and shall constitute full satisfaction of all claims, whether based on contract, negligence, and
strict liability otherwise.

Notwithstanding anything to the contrary in this Warranty, in no event shall PVH be liable or in any way
responsible under any theory of recovery (whether based on breach of contract, breach of warranty,
tort (including negligence of any kind), strict liability, fault or other basis of legal liability) for any loss of
actual or anticipated profits or revenue, loss of use, loss of profit, loss of any contract or for any
incidental, indirect, special or, consequential, economic or property loss or punitive or exemplary loss
or damage in any way from or in connection with this Warranty.

Notwithstanding anything to the contrary in this Warranty, PVH's aggregate liability under both this
Warranty Document and the relevant Supply Contract under any theory of liability shall not exceed an
amount equal to the purchase price of the Products subject the applicable Warranty Claim, unless the
relevant Supply Contract sets forth a lower liability limit in which case the lower limit will apply.

5. No Other Warranty.

Except as specifically provided in this Warranty Document or as agreed in writing by PVH, the Warranty
shall only apply as long as the Beneficiary owns the Products. Except as specifically stated herein, PVH
makes no warranties, express or implied, and specifically disclaim any warranty of merchantability or
fitness for a particular purpose. The Warranty provided herein is in lieu of any other written warranty
which may be delivered with Products delivered hereunder.

In the event that there are more than one Beneficiary (which shall require the previous written
agreement by PVH), neither of them shall be entitled to simultaneously exercise or enforce any rights
under this Warranty Document for the same Defect.

All Product warranties are set forth in this Warranty, which shall take precedence over any other
warranty documentation or any contractual provisions related to the Warranty of the Products. This
Warranty is transferable from the Beneficiary to the direct owner, or subsequent purchaser of the
photovoltaic system only upon notification to and acceptance by PVH, which shall not be unreasonably
withheld or refused. In such case, the Beneficiary shall, within sixty (60) days after the transfer, send to
PVH to its warranty address, duly completed the Warranty Assignment and Consent documentation, as
attached hereto as Annex II. In the event of a change in ownership of the Products, the warranty holder
is obliged to notify and inform the purchasing party of the existence of this Warranty, and of all of its
conditions and requirements.

Except as expressly warranted in this Warranty, the Product is provided “as is”, and Beneficiary’s use
thereof is at its own risk. PVH does not make, and hereby disclaims, any and all other warranties,
whether express, implied, statutory or otherwise, including without limitation the implied warranties of
merchantability, fitness for a particular purpose, and noninfringement, and any warranties arising from
a course of dealing, usage, or trade practice, for the Products. PVH does not warrant that the Products
will operate without interruption or will be defect- free, or that the Products will meet Beneficiary’s
requirements.

6. Warranty Exclusions

This Warranty does not cover:

(a) Defects found after the expiration of the relevant the Warranty Period.

(b) Defects that have not been notified in compliance with this Warranty Document.

(c) Defects caused during shipping and Defects that are the result of improper handling or storage
for not complying with the Manufacturer's recommendations regarding; stacking, protection
against sunlight, humidity and temperature, among others, to the extent that such Defect occurs
after the transfer of risk from PVH to the Beneficiary in accordance with the Incoterm agreed in
the Supply Contract.

(d) Defects caused by a failure of the Beneficiary, the installer or the Operator to follow PVH’s (or the
relevant Manufacturer’s) installation, operation, or maintenance Manuals or instructions.

(e) Defects in Products that had been repaired, modified, moved, or incorrectly attached to other
non-PVH Products by third parties.

(f) Products that have been updated, reworked, or improperly tested by the Beneficiary, or by a third
party.

(g) Defects caused by abuse, misuse, negligent acts or any wilful misconduct of the Beneficiary, the
Operator any third parties.

(h) Defects caused by normal wear and tear.

(i) Defects caused by power failure surges, lightning, flood, volcanic eruption, fire, tsunami, pest
damage, accident, vandalism, influence from chemical product, action of third parties, and other
events outside of PVH’s reasonable control or not arising from normal operating conditions.

(j) Defects caused by the Products being subject to thermal or environmental conditions or rapid
changes in such conditions, and defects caused by winds, rain, snow, earthquake, or any other
natural phenomenon provided that they exceed, in each case, the design calculations of the
project.

(k) Defects caused by acts beyond PVH reasonable control and/or events that cannot be foreseen or
that, being foreseeable, are unavoidable (i.e., force majeure).

(l) Defects in Products with an altered and/or damaged serial number.

(m) Other Defects caused by Beneficiary, Operator or any third party’s fault. Aesthetic defects of the
Products which do not affect the functioning of the Products.

(n) Products replaced by Operator without PVH’s prior written authorization PVH..

(o) Products which have only non-structural wear and tear or cosmetic damage or cosmetic
corrosion, including, aging, surface corrosion or surface imperfections that do not impair the
intended functionality of the Products.
(p) Defects arising from the lack of veracity, accuracy or precision in the information provided by the
Purchaser, the Beneficiary, the installer or the Operator to PVH.

Additionally, the Warranty does not include any maintenance works or software development.

7. Third Parties and indemnity.

Beneficiary shall defend, indemnify, and hold harmless PVH and its officers, agents, and employees from
and against all claims by third parties, including attorneys’ fees, for damages, injures, or losses sustained
by third parties as a result of Beneficiary’s use or misuse of the Products.

8. Applicable Law and Disputes resolutions

Unless otherwise agreed in the relevant Supply Contract of the Products, this Warranty Document and
the rights and obligations of the Parties and any dispute arising under or relating thereto (whether in
contract, tort or otherwise) shall be governed by and shall be construed in accordance with the laws
applicable to the Supply Contract.

The Parties irrevocably submit to the jurisdiction agreed between the Parties in the Supply Contract.

All such disputes must be brought by Beneficiary no later than one (1) year after the occurrence of the
alleged defect event giving rise to the dispute. The remedies in this Warranty are Beneficiary’s sole and
exclusive remedies and are in lieu of all other remedies at law or in equity, notwithstanding any failure
of essential purpose.

9. Definitions

Capitalized terms used in this Warranty Document shall have the following meaning:

(1) “Beneficiary” means the Purchaser or, if applicable, the person to whom the Warranty has been
assigned in compliance with the Supply Contract.

(2) “Business Day” means every day other than a Saturday, Sunday or a day on which banks are
required to remain closed in [location of the Site], [Houston, Texas / Madrid (Spain) and/or
Valencia (Spain)].

(3) “Cold Commissioning” means that the monitoring, communications and transmission equipment
has been energised and tested to demonstrate that these Products are ready to be put into
operation.

(4) “Defect” means any failure or breach of the Warranty, save for minor failures or breaches that do
not affect the normal operation of the Products.

(5) “Manuals” means the installation, use and maintenance manuals of the Products and the
components of the Products, issued by PHV and the relevant Manufacturers.

(6) “Manufacturer” means, in respect of each of the components of the Products, the manufacturer
of such component.

(7) “Operator” means the person in charge of the operation and maintenance of the Products.

(8) “Products” means the [model of tracker] supplied under the Supply Contract and any and all the
components that for part of such product.
(9) “Project” means the “[name of the project]” project of [number of MW of the Project] MW
located in [place].

(10) “Purchaser” means [name of the purchaser].

(11) “PVH”: means [PV Hardware Solutions, S.L.U. / PV Hardware, LLC / relevant company or branch
within its group of companies that is the supplier under the Supply Contract]

(12) “Supply Contract”: means the supply contract dated [date of the supply contract] between PVH
and the Purchaser for the supply of the Products for the Project.

(13) “Support Portal” means PVH’s support portal in which you can access through the following
website: https://swpvhardware.atlassian.net/servicedesk/customer/portal/1 (or any other portal
communicated by PVH). The persons authorized by Beneficiary to access to the Support Portal are
those indicated in the access authorization agreement. Only one of them will be authorized to
submit a warranty claim request (WCR) through the Support Portal. The Beneficiary may change
those persons at any time by sending the aforementioned agreement with the new authorized
persons to PVH.

(14) “Warranty” has the meaning ascribed to in in Section 1.

(15) “Warranty Claim” has the meaning ascribed to in in Section 3.

(16) “Warranty Document” has the meaning ascribed to in in Section 1.

(17) “Warranty Period” has the meaning ascribed to in in Section 2.

(18) “Warranty Work” has the meaning ascribed to in in Section 3.

Project Remote Access Acceptance

1. Start up and support under Warranty

Once the Cold Commissioning of the plant [PLANT] (“Plant”) owned by [OWNER] (“Owner”) has
concluded, and in order to provide the start-up and remote support services for the diagnosis and
correction of faults during the Warranty Period, Beneficiary will supply PV HARDWARE SOLUTIONS,
S.L.U. (“PVH”) with access to the central controller of the Plant from its support centre, so that it can
obtain and verify the operating data from the tracker monitoring system in real time (“Operating Data”).
This connection will be made via a secure, stable and fast VPN connection. PVH will not be able to initiate
start up or respond to a request for assistance or claim under the warranty unless it is granted the VPN
access.

To that end, Beneficiary will have a permanent, stable internet connection on site from the conclusion
of the Cold Commissioning to the expiry date of the Warranty for the Product supplied by PVH and
installed in the Plant.

2. Ownership and use of the Operating Data

The Operating Data gathered by PVH will be the property of PVH and will be used solely for detecting
possible anomalies or errors in the operation of the solar trackers as well as to improve their operation
and the provision of the warranty service or any other agreed with Beneficiary. For the sake of clarity,
PVH will not gather any information other than the Operating Data. Under no circumstances will the
gathering of the Operating Data by PVH prevent, reduce or block the normal performance and
management of the Plant or its access from SCADA.

3. Software and firmware updates and other access

Beneficiary will authorise PVH to carry out any software or firmware update necessary in order to
prevent or correct potential minor defects or remedy deficient operation detected by the manufacturer
of the Product in other facilities or during the gathering of the Operating Data. PVH will duly inform
Beneficiary of the scope of these updates and will coordinate with Beneficiary, using the PVH Support
Platform or via other written means, to arrange the most suitable time for execution of the same. In the
event that, during the term of this Warranty, Beneficiary reports an incident or complaint via the PVH
Support Platform, PVH will be able to immediately access the tracker monitoring equipment, without
requesting prior authorisation from Beneficiary. Beneficiary will be informed at the moment the Support
Agent responds to the #Ticket issued, indicating that the incident or complaint is to be addressed.

4. Contact Details for notification purposes

Please indicate the appropriate contact person in the table below. If a contact person is not provided,
PVH will use the contact person and details included in the relevant purchase order or sales agreement.

The email indicated will only be used if necessary for notification purposes.

Name Company Email

The Owner undertakes to maintain the confidentiality of the Operating Data and to apply the measures
necessary to ensure that unauthorised third parties cannot access the same, applying security measures
that are at least as strict as those it uses to protect its own confidential information.
 Annex II

Warranty Assignment and Consent

This Warranty Assignment and Consent is made between the current Standard Product Warranty
holder (“Transferor”) and the new owner (“Transferee”) of the project set forth below (“Project”):

Project INFORMATION
Project Name:
Project Address:
City, State, Country:

Transfer FROM
Transferor Company Name:
Address:
City, State, Country:
Transferor Contact:

Transfer TO
Transferee Company Name:
Address:
City, State, Country:
Transferee Contact:

Reference is made to the supply contract, dated [XX/XX/XXX] [“Supply Contract”] (“Agreement”),
between [ORIGINAL PURCHASER NAME] (“Original Purchaser”) and [PVH] (“Manufacturer”) pursuant
to which Original Purchaser procured the products from Manufacturer for incorporation into the Project,
among other matters.

As contemplated by the Agreement, Transferor and Transferee, with the consent and
acknowledgement of Manufacturer, agree as follows:

1. Assignment.

Transferor hereby forever and irrevocably assigns, grants, conveys and transfers to
Transferee all of the rights, title, benefit and interest in and to the Standard Product
Warranty (the “Warranty”), including Transferor’s right to receive the benefits of and to
make claims under the Warranties, subject always to the limitations, conditions, exclusion
of liabilities and disclaimers described in the Warranty and the Agreement (the
“Limitations”). By accepting the assignment of such Warranty pursuant to this Warranty
Assignment and Consent, Transferee agrees to be bound by the terms of the Warranty,
including the Limitations, but shall otherwise have no further obligations to any party
hereto as a consequence of entering into this Warranty Assignment and Consent.

2. No Release.
 Nothing in this Warranty Assignment and Consent shall release Transferor from any of its
obligations to Manufacturer under the Agreement or modifications thereof.

3. Miscellaneous.

(a) This Warranty Assignment and Consent constitutes the entire agreement and
understanding between Transferor, Transferee and Manufacturer with respect to
the assignment of the Warranty.

(b) No amendment, modification or waiver in respect of this Warranty Assignment

(c) Each party hereto shall deliver all notices, requests, consents, claims, demands,
waivers and other communications under this Warranty Assignment and Consent
(each, a “Notice”) in writing and addressed to the other party hereto at its address
set out on the first page hereof or, with respect to Manufacturer, the signature
page hereof (or to such other address that the receiving party may designate from
time to time in accordance with this section). Each party hereto shall deliver all
Notices by personal delivery, nationally recognized overnight courier (with all fees
pre-paid), certified or registered mail (in each case, return receipt requested,
postage prepaid). A Notice is effective upon receipt by the receiving party.

(d) This Warranty Assignment and Consent shall be governed by and construed in
accordance with the applicable law agreed between the Parties in the Supply
Contract.

(e) On the other party’s reasonable request, each party shall, at its sole cost and
expense, execute and deliver all such further documents and instruments, and
take all such further acts, necessary to give full effect to this Warranty Assignment
and Consent.

(f) This Warranty Assignment and Consent may be executed in any number of
counterparts, and by each party on separate counterparts. Each counterpart is an
original, but all counterparts shall together constitute one and the same
instrument. This Warranty Assignment and Consent may be executed and
delivered by facsimile and/or electronic media.

[SIGNATURE PAGES FOLLOW]

TRANSFEROR:

Company Name:

By:

Name:

Title:

Date:

Accepted and agreed:

TRANSFEREE:

Company Name:

By:

Name:

Title:

Date:

[Signature Page of Transferor and Transferee to Warranty Assignment and Consent]

MANUFACTURER:

PVH

By:

Name:

Title:

Date:

Address: [*] Cu

[Signature Page of Manufacturer to Warranty Assignment and Consent]