<DIV style="font-family:Arial, sans-serif; font-size:10pt;"><DIV>I would never contract for a guarantee minimum performance for a very simple reason - weather!</DIV>
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<DIV>I think the only reasonable guarantee is to state the "nameplate" output of the array provided under test conditions, and make it clear that air temperature, clearness factor, dust, cloud cover, and out of tolerance utility grid events will all reduce system performance from this perfect lab value. Since you cannot control any of these affects on system performance, there has to be a reasonable expectation of system performance for you and your client. </DIV>
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<DIV>Why do doctors and hospitals have you sign a disclaimer before they render service? How about accountants, mechanics, engineers, stock brokers, and dentists, Yes, you can sue for gross negelence, but how many will sign a statement that guarantees their work will have a specific outcome. Odds are, the small print in the document you sign will point out that there are too many unknowns beyond their control that could reduce the hoped for outcome and if you want a guarantee, - buy life insurance - you die - they pay -guaranteed.</DIV>
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<DIV>Jeff Yago</DIV>
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