Equipment Lease Agreement

This equipment Lease Agreement entered into this 20th day of May, 2012, by and between Crowther Renewable Energy, LLC, a Florida Limited Liability Company, whose address is 12120 Amedicus Lane, Fort Myers, FL 33907 (herein after "CRE"), and the below named Customer, and the parties agree as follows:

I. Property Owner
Name:

Address:

City:

State:
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Zip:

Contact Number:

Email Address:

II. Customer Payment Information
To be collected via phone

AMPilizer© Service Description The AMPilizer© program offered by Crowther Renewable Energy, LLC, enables you to save energy and electrical costs by lowering the amp draw from your home.

AMPilizer© Program will provide you with:

1. Equipment necessary to lower your kilowatt usage and energy.
2. Guaranteed minimum savings of 10% on kilowatt usage.
3. A "locked-in", fixed monthly charge for the term of the contract.
4. Free System Maintenance for the term of the contract.
5. Monthly charges to be automatically deducted from payment criteria given.

III. Leased Equipment and Maintenance
CRE hereby leases to Customer 1 2 3 4 5 6 7 8 units plus tax of AMPilizer© for $14.95 per month per unit, with one time $50.00 install fee, plus any applicable sales tax or other surcharges, subject to the terms and conditions herein. Initial monthly fee is $65.85 and ongoing monthly fee is $15.85.

The AMPilizer© (PFC) is designed to lower the amperage in your home, thus, resulting in lower monthly electrical bills for the Customer. Customer must have one (1) AMPilizer per electrical circuit breaker box in Customer’s residence. During the term of this agreement, CRE shall service, maintain, repair and/or replace the leased equipment as CRE’s expense, so long the applicable repairs/replacement are not the result of Customer’s or Customer’s invitees’ negligence or gross negligence; due to Acts of God, force majeure, or some form of casualty (i.e. fire, wind event, flood).

IV. Payment of Equipment Lease Fees
In return for receiving the use of CRE’s equipment and service, Customer promises to pay CRE the monthly fee listed in paragraph 3 above. Payments will be automatically debited from the designated account, or charged to the designated credit card ("payment criteria"), identified in paragraph 1 above, on or about the 20th day of each month, commencing on May 20, 2012. It is the customer’s responsibility to update CRE with any change in Customer’s payment criteria. In the event the applicable account cannot be debited, or the credit card charged, Customer will be in breach of this agreement, and CRE’s option, this agreement may be immediately cancelled, and CRE shall be entitled to retrieve the leased equipment. If after making attempt to contact Customer via telephone or at residence within five (5) business days, the customer shall then be obligated to pay CRE the then current retail sale value of the leased equipment, currently $599.00 per unit.

V. Term of Lease Conditions

1. The Term of this Agreement shall be month to month commencing on the date of equipment installation subject to the cancellation terms set forth below.
2. Either party may cancel this Agreement on fifteen (15) days on prior written notice to the other party. Not withstanding the foregoing, if Customer terminates this Agreement after six (6) months from the date of commencement, then Customer will be obligated to pay CRE a $50.00 equipment removal fee.
3. If customer cancels this agreement, and thereafter decides to re-lease the PFC equipment, the equipment lease fee shall be at CRE’s then-current rate. If Customer sells the premises during the term of this agreement, and the existing purchaser desires to continue leasing the installed equipment (executing a new agreement within 10 days of acquiring the subject property), the new purchaser shall have the benefit of the existing rate for services and will not be charged the then-current rate, to the extent that such rate is higher.
4. In the event the Customer discovers the equipment is not operating correctly, please promptly call or notify us at 1-855-AMPilizer. If we discover/confirm that the leased equipment was not operating properly, we will suspend the Customer’s payment obligations unit the equipment is repaired or replaced and functioning.

VI. Rate Structures
Rates associated with the service include the following and they will be applicable per the terms outlined in this agreement:
(a) Equipment Lease Fee: The recurring flat monthly rate will be "locked-in" for the life of this agreement identified in paragraph 3 above, except where permitted to change due to underlying changes of law associated with taxation or regulation that impact the costs of providing service.
(b) Equipment Removal Fee: A one time fee that is charged pursuant to paragraph 5 (b) and is applicable to the specified termination and/or breach events. CRE will invoice Customer for the equipment removal fee due at time of removal.

VII. Installation and Repair of Equipment and Access
(a) CRE will install equipment in a workmanlike manner under the following conditions, to which the Customer hereby acknowledges and consents;

1. CRE, and/or its designated agents, successors and/ or assigns shall have the non-exclusive right to enter upon the premises for the purpose of installing, operating, maintaining and/or removing the leased equipment.
2. Customer’s premises will be available without interruption during our normal working hours.

VIII. Ownership of Leased Equipment
Customer acknowledges that the equipment to be installed at the premises does not legally attach to the premises and will not be deemed to be part of, or a fixture on the premises. Title to the leased equipment, unless purchased by Customer (and evidenced by a Bill of Sale from CRE), will remain with CRE.

Customer shall be responsible for any damage Customer, or it’s tenants, occupants, invitees or guests cause to the leased equipment. Customer shall promptly report any such damage and CRE will repair any damage, subject to possible reimbursement from Customer. In the event of any casualty damage, CRE reserves the right to file a claim for repair or replacement cost under any applicable insurance policy.

IX. Assignment
This agreement may be assigned by CRE. This agreement may not be assigned by you without our expressed written permission.

X. Insurance
Customer acknowledges and agrees that CRE is not an insurer and customer may obtain from an insurer any insurance it desires. The amount customer pays CRE is based upon the equipment CRE provides and the services CRE performs, and the limited liability CRE assumes under this agreement is unrelated to the value of customer’s property or the property of others located in customer’s premises. In the event of any loss or injury to any person or property, customer agrees to look solely under its insurer to recover damages. Customer hereby waives all subrogation and other rights of recovery against CRE that any insurer may have as a result of paying any claim for damage, loss or injury to any other person.

XI. Miscellaneous
(a) Notice. Notice to Customer will be deemed given when personally delivered, or when addressed to Customer at the address listed in paragraph 1 above (or any subsequent address Customer provides to CRE in writing) and deposited in the U.S. Mail. Customer’s notices to CRE will be deemed given when received at the address on the first page of this Agreement.
(b) Applicable Law/Venue. The interpretation and enforcement of this agreement shall be governed by the laws of the State of Florida. This agreement is subject to modification if required by such laws, or any amendment to such laws. You agree that any dispute arising our of, or related to this agreement, shall be brought only in the appropriate jurisdictional court in Lee County, Florida.
(c) Other. This written agreement constitutes the entire agreement between Customer and CRE. No oral statement by any salesperson or other representative shave serve to amend or modify this agreement, unless said amendment is in writing and signed by both parties. Should any court determine any provision herein to in invalid or unenforceable, the rest of the agreement will remain enforceable. The terms of this agreement that expressly or by their nature service termination shall continue thereafter until fully performed.
(d) Right to Subcontract. CRE may in its sole discretion subcontract for the provision of services under this agreement.
(e) Right to Notice and Cure: In the event of any alleged breach of the agreement by CRE, Customer shall document such claim in writing and grant a cure period of at least twenty (20) business days after receipt of such notice. If CRE cures any such breach as provided herein, this agreement shall continue unabated and CRE shall not be liable to Customer for any loss, damage or expense resulting from, related to, in connection with or as a consequence of any said breach.
(f) Electronic Media. The parties agree that a copy of this agreement and the signatures affixed hereto transmitted and delivered by facsimile, or electronic mail shall be deemed to be originals for all purposes. In addition, Customer agrees that CRE may scan or otherwise convert this agreement into an electronic and/or digital media file and that a copy of the agreement produced from any such form be given and same legal force and effect as the original.
(g) Paragraph Headings. The paragraph titles used herein are for the convenience of the parties only and shall not be considered in construing the provisions of the agreement.
(h) Repair Commitments. Subject to the terms of this agreement, CRE’s repair and restoral efforts will be on a best efforts basis.
(i) New or Used Components. Customer acknowledges that he/she is subscribing to a service to be provided by CRE, and whose equipment will remain the property of CRE, and as such, the design of the system, selection of part manufacturers and utilization of new, used, and/or refurnished components is solely at the discretion of CRE relative to how it chooses to fulfill the obligations associated with this agreement.
(j) Service Performance Commitments. CRE makes no express or implied warranty as to the exact performance a Customer will experience due to the fact that each installation will be uniquely affected by any number of variables such as the number and age of Customer’s major appliances, electric usage patterns and subject property characteristics.
(k) Force Majeure Events. All parties to this agreement acknowledge that a force majeure event that renders the service inoperable does not constitute a breach of the agreement by CRE. If such an event occurs, CRE will have up to twenty (20) business days to restore the operation nature of the leased equipment from the time the premises is deemed suitable for such implementation.

XII. Right to Cancel This Installation Order
Under Florida Statues, you may cancel this transaction for any reason and without penalty with three (3) business days from the date of contract signature. You must deliver to CRE written notice of your intent to cancel this contract within this time frame.

Electronic Signature - Type your full name

Date
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Crowther Renewable Energy, LLC
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