SERVICE AGREEMENT

THIS SERVICE AGREEMENT (this “Service Agreement”) is entered into on or as of the _____ day of _________, 2009 (the “Effective Date”) by and between [COMPANY], a [DESCRIPTION] having offices located at [ADDRESS] (“Seller”), and ______________________, located at __________________________________________ _______________ (“Customer”). The parties hereto hereby agree that the complete agreement between such parties with respect the Services contemplated by this Service Agreement shall consist of this Service Agreement, the General Terms and Conditions set forth on Schedule A attached hereto and incorporated herein by reference (the “General Terms and Conditions”) and the Service Levels set forth on Schedule B attached hereto and incorporated herein by reference (the “Service Levels”). Capitalized terms used in this Service Agreement and defined in the General Terms and Conditions shall have the meanings assigned in the General Terms and Conditions.

Scope of Work:

Seller shall provide the following services, performed on the following devices and products as set forth below (collectively, the “Services”) in accordance with the timeline, if any, set forth in this Service Agreement

Services Provided:

[COMPANY] Gold Package: Includes a annual general diagnostic of your back up power system to include all inverter settings are correct, adjust as needed, voltage test on batteries, perform load test on inverters and test system overall functionality. Cleaning of unit venting. Gold Package includes unlimited telephone support, email support and on site support (metro tri-state area only)

Silver Package-Unlimited telephone & email support

Devices / Products Covered: [PRODUCT]

The following services, products and parts are not covered by this Service Agreement: Damage from flooding, lighting, fire, theft, vandalism, and other acts of God.

Excluded Services:

Ctomer understands and agrees that services required to recover from failures and/or incidents caed by any of the following circumstances are not considered normal maintenance and are not covered under this Service Agreement:

Service and repair made necessary due to accidents or acts of God, damage from fire, water, wind, earthquakes, lightning, terrorism, transporting equipment, vandalism, or burglary;

Service and repair made necessary by the alteration or modification of equipment other than that authorized by Seller;

Service and repair of damage or problems caed by neglect, malicious activity, or mise including, without limitation, e of the system(s) for purpose other than which it was designed, by the Ctomer, its employees, or third-party contractors;