CONTRACT NRG. Home Warranty + Maintenance

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C

ONTRA

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T

Home Warranty

+ Maintenance

NRG

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The difference is in the details.

We built key differences into our plan to ensure

your complete satisfaction with every aspect of

our services – from knowledgeable NRG technician

professionals to the Freedom Fund,

which offers

$200

to help free you from costly repair obligations. All are

detailed in this document.

This contract is the residential service agreement

between NRG Home Services LLC (“NRG” or

“Company”) and the purchaser (“You”) for Your

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Contract Term

Here’s how long our contract lasts. And who’s involved.

The contract effective date is the later of the date You receive this contract and the date NRG issues a contract number. The contract terms and plan fees vary for each customer classification listed below.

(a) Buyer: A Buyer is an individual who is acquiring the Covered Property. The contract term begins upon the date stated on Your service contract and continues for 1 year from that date.

(b) Current Homeowner: A Current Homeowner is an individual who is currently living at the Covered Property. The contract term begins upon the date stated on Your service contract and continues for 1 year from that date.

(c) Renewal: A Renewal customer is an existing customer who has been offered the opportunity to renew a contract. The contract term begins upon expiration of Your previous contract term and continues for 1 year provided the plan fee is received by NRG 30 days after expiration.

(d) New Construction: A New Construction customer has a home that hasn’t been occupied that is up for sale, typically by the builder. The contract term begins upon the date stated on Your service contract and continues for 4 years from that date.

(e) Seller: A Seller is a customer who is selling their Covered Property and has elected to purchase a contract. The contract ends the earlier of 180 days and termination of the listing of the Covered Property for sale. If a recurring payment is in use, NRG will automatically renew this contract after each term expires.

Payment Options

You can choose when to pay.

You can choose to make recurring monthly, quarterly, semiannual or annual payments using a credit card or bank draft.

Transfer of Ownership

You can transfer to a new owner.

This contract is transferable if the Covered Property is sold during the contract term. If the Covered Property changes ownership during the contract term and the subsequent purchaser chooses to assume the contract and continue performing under it, You are required to call NRG Home Services at 1.844.248.2254 to transfer coverage to the new owner.

Cancellation

You can cancel at any time for a refund.

You may cancel this contract at any time by calling us at 1.844.248.2254. If You elect to cancel, You will receive a refund for the unexpired term less a $25 fee and any service costs. NRG may cancel this contract or refuse a refund

for nonpayment of any fees, fraud or misrepresentation of facts material to the issuance of this residential service contract, or if You physically or verbally abuse any employee or service contractor.

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RSC VER 04-15 STANDARD

TACLB23923E • TECL27482 • M24238 • Timothy Armstrong •

© 2015 NRG HOME SERVICES LLC

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General Exclusions

Here’s everything that’s covered.

There are many items and risks that this contract does not cover, and only the items listed in this contract are covered. NRG will arrange for an affiliated or unaffiliated service contractor to repair or replace, at NRG’s option, Your systems or appliances that:

(a) are installed at the Covered Property at the start of this contract, (b) are in good working condition at the start of the contract, (c) are easily accessible,

(d) failed due to a mechanical malfunction,

(e) become inoperative from normal wear and tear, (f) are classified by the manufacturer as residential,

(g) are not covered by a manufacturer, distributor, builder or extended warranty, or by Your homeowner’s insurance policy, and

(h) are reported in need of repair during the term of this contract. In addition, Your coverage includes malfunctions that:

(a) predated the coverage period, but only if the malfunction was not easily detectable by visual inspection or by a simple test (such as turning the system on), or

(b) are caused by lack of maintenance, rust, corrosion or mismatched equipment. For multiple-unit dwellings, common systems and appliances are excluded.

Claims Process

How to handle a repair issue.

A “Claim” is a request for a repair of a malfunction You believe is covered by this contract. Concurrent

malfunctions in different systems or appliances constitute different Claims. You must notify NRG of a Claim during the coverage period by calling 1.844.248.2254 or going online to NRGHomeServices.com. Under normal circumstances, NRG will arrange for a service visit within 48 hours. NRG may use its own service technicians or independent service contractors to perform service repairs. NRG will determine the scope of each Claim, whether the Claim is covered and whether to repair or replace the system or appliance. NRG will not reimburse You for work performed without NRG’s prior written consent. Service work is guaranteed for 30 days. There may be situations in which You will be responsible for paying additional costs for parts or services not covered by this contract. In those cases, we will work with You to determine the best course of action to reasonably minimize Your out-of-pocket costs. For properties with a tenant, landlord or property manager, payment must be made to the service contractor prior to service being performed.

Service Fee

One repair Claim. One predictable fee.

You are responsible for paying a service fee of $65 to the service contractor for each Claim. In the event multiple trips are required to resolve a single Claim, only one service fee is owed. In the event that multiple Claims are filed for a single visit, a service fee will be owed for each Claim. If it’s the same Claim, only one service fee is owed. If You make a Claim for AC, but it’s really a plumbing issue, then two service fees are owed, because it’s considered two different Claims (different trades = different Claims). Repair work is only guaranteed for 30 days; if it’s beyond that 30-day window, it’s considered a new Claim, and therefore a new service fee is due.

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Your Covered Systems and Appliances

You get home protection + Seasonal Checkups.

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RSC VER 04-15 STANDARD © 2015 NRG HOME SERVICES LLC Up to two complete systems

System’s condenser Heat pump Evaporative coil Air handler Furnace Ductwork Drain lines

Leaks in accessible refrigerant lines Metering device Motor

What’s Covered

Capacitor Contactor Thermistor Fan blade Blower wheel Control board Heating element Transformer Thermostat

Any other standard components required for operation

CENTRAL AC & HEATING

Examples of items not covered by this contract are: window/portable units, chillers/boilers, gas AC systems, solar, geothermal, radiant heat, glycol, hydronic, steam, oil/diesel, chimney/fireplace/flue/vent, humidifiers, electronic air cleaners/filters, electronic management/zone/damper/timer systems, transitions/plenums, 16 SEER+/90%+ efficiency equipment (replaced with builder standard), two-speed blowers (replaced with builder standard), drain pans, nonducted wall units, refrigerant recapture/pump down, locating leaks and poorly designed/improperly sized systems.

Additionally, items required to make Your existing equipment compatible with newly replaced covered equipment are not covered.

Examples of items not covered by this contract are: collapsed ducts, registers, grills, electronic management/ zone/damper/timer systems and transitions/plenums.

DUCTWORK

What’s Covered

Breaks in ductwork from the attachment to the HVAC unit transition to the attachment to the registers and grills

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Examples of items not covered by this contract are: shower pan or enclosure, toilet lid/seats, sinks, bidets, grout/ caulk, solar systems, water filtration/softeners, insta-hot, high or low water pressure, pressure-reducing valve, storage tanks, ice-maker water lines, dryer vents, whirlpool jet/pump, masonry, grinder pumps, lawn sprinklers, fountains, roots, fire suppression, hydro-jetting and shower/tub strainers.

Examples of items not covered by this contract are: storage tanks, expansion tanks, drip pans, solar systems, noise caused by sediment, heating/water heater combination units, multivalve manifolds, water heater heat pump attachments, circulating pumps, insufficient capacity and tanks larger than 82 gallons.

Examples of items not covered by this contract are: fixtures, fuses, light bulbs, ballasts, inadequate capacity, security alarms, sensors, direct current wiring and components, panels and subpanels, intercoms, attic fans, system controllers, aluminum wiring, knob/tube wiring, low-voltage or timed circuits, including wiring and relays, power failure and power surge.

PLUMBING & STOPPAGES

WATER HEATERS

ELECTRICAL

Gas

Electric or tankless water heaters Water tank leaks or ruptures Thermostat Heating elements Burner assembly Vent pipe Gas valve Drain valve Relief valve Ceiling fans

Lavatory exhaust fans Smoke detectors Outlets

Switches

Note: Water, sewer and gas line coverage extends outside of the perimeter of the home to the city tie-in or property line, whichever is reached first. If replaced, toilets and faucets will be replaced with builder standard equipment. Toilet bowl, tank, mechanism and wax seal

Faucets

Shower heads/arms

Leaks in water drain, sewer, gas or vent lines Valves in tub and shower

Clearing of stoppages in drain/sewer lines using an existing ground-level clean out

Breakers

Electrical wiring (except aluminum and knob/ tube) Conduit Junction boxes Doorbells

What’s Covered

What’s Covered

What’s Covered

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RSC VER 04-15 STANDARD © 2015 NRG HOME SERVICES LLC Examples of items not covered by this contract are: racks, shelves, trays, knobs, dials, clocks, handles, rollers, baskets, rotisseries, meat probes, sensi-heat burners, magnetic induction, door glass, springs, hinges, clocks, oven timers, hood vents or downdraft ventilation, downdraft ventilation switches, light bulbs, turntables, removable buckets, lock/key assemblies and countertop/portable units.

APPLIANCES

SEASONAL CHECKUPS + 10% OFF REPAIRS

Oven Range/cooktop Dishwasher Built-in microwave Garbage disposal Trash compactor

Coverage includes on-site Seasonal Checkups each quarter. The Seasonal Checkup is limited to only NRG’s customary maintenance services, which can be found on its website or by contacting the company. Seasonal Checkups will be performed on the following schedule:

You will also receive 10% off the retail price of repairs or replacements performed by NRG (not applicable to any nonaffiliated service contractors and cannot be combined with any other offers). In the event a covered repair is diagnosed during a Seasonal Checkup, an additional service fee will be due. NRG reserves the right to contact You to schedule Seasonal Checkups, and You consent to receiving marketing and other relevant promotional materials from NRG and its affiliates.

Examples of items not covered by this contract are: recharging or replacing refrigerant, providing access to equipment, cleaning evaporator coils or furnace burners, filters, cleaning electronic filters, cleaning water heaters (tank or tankless), cleaning ice makers and other noncustomary maintenance services. A checkup does not imply a warranty of the equipment’s performance at the time of service or in the future.

SPRING AC SUMMER Plumbing FALL Heating WINTER Appliances

What’s Covered

What’s Covered

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Ants Roaches Spiders Ground beetles Earwigs Silverfish Millipedes Centipedes Pill bugs Sow bugs Clover mites Treatment for mice

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Examples of items not covered by this contract are: treatment of infested areas outside the perimeter of the main house foundation, flying insects, ticks, fleas, crickets, German roach infestations, “crazy” ants, placement of traps or bait stations, rats and any pest not listed above.

A spot treatment of an existing or unknown pre-existing infestation of subterranean termites. Multiple spot treatments will require an additional $65 service fee.

Examples of items not covered by this contract are: fungus and wood-destroying organisms (other than subterranean termites and carpenter ants); repair of past, existing or future damage to the property caused by any wood-destroying insect or organism; and correction of conducive conditions.

Re-key up to 6 keyholes (including dead bolts) and provide 4 copies of the key.

Examples of items not covered by this contract are: exterior keypad reprogramming, Z-Wave door locks/key fobs, lock picking, lockout service and new lock sets.

PEST CONTROL

TERMITE TREATMENT

RE-KEY SERVICE

What’s Covered

What’s Covered

What’s Covered

Wiring Motor Switches Receiver unit Rail Trolley assembly Transmitter Capacitor

Examples of items not covered by this contract are: doors, sensors, lights, adjustments, hinges, rollers, mounting hardware, support brackets, door arm, springs and noncompliance with current safety standards.

GARAGE DOOR OPENERS

What’s Covered

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RSC VER 04-15 STANDARD © 2015 NRG HOME SERVICES LLC

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Your Optional Systems and Appliances Coverage

(if purchased)

You can enhance Your coverage with these upgrades.

FREEDOM

FUND

CENTRAL AC

& HEATING

ADDITIONAL

APPLIANCE

COVERAGE

BUILT-IN

POOL/SPA

EQUIPMENT

OTHER

IMPORTANT

INFORMATION

Provides coverage for up to $200 per Claim for permits, federally or city mandated code violations or requirements, modifications and access costs. Only current Reliant® electricity

customers will receive the $200 Freedom Fund for FREE. When performing a repair or replacement of covered equipment, if any replacement part or equipment is incompatible with the existing equipment, NRG will cover up to $200 toward the price of modifications required to make the new equipment compatible with the existing equipment. One scenario that commonly occurs is when replacing covered AC equipment with federally mandated, higher SEER-efficiency equipment and/or when replacing existing equipment that uses R-22 refrigerant with new, federally mandated equipment that uses R-410a refrigerant.

Coverage extends the standard coverage to include an additional HVAC system.

Coverage includes one primary refrigerator (including ice maker and ice/water dispenser), stand-alone ice maker, built-in wine cooler (up to 100 bottles) or washer/dryer (coverage for each additional appliance purchased separately). Only current Reliant® electricity customers

will receive refrigerator and washer/dryer coverage for FREE.

Examples of items not covered by this contract are: racks, shelves, handles, knobs, filters, filter housings, ice crushers, hinges, interior thermal shells/insulation, multimedia electronics, trim kits, damage caused by mineral deposits, plastic mini-tubs, soap

dispensers, filter/lint screens, venting, all-in-one wash/dry units, dryer cabinets, wine cooler with capacity over 100 bottles and food spoilage.

Coverage includes the pool or spa’s primary heating, pumping and filtration equipment. If the pool and spa utilize separate equipment, then only the pool is covered, unless an additional fee is paid to cover the spa. Coverage is limited to $500 per contract for diagnosis, repair and replacement.

Examples of items not covered by this contract are: cleaning equipment, pool sweeps, cleaning booster pumps, fountains, jets, disposable filtration mediums/grids, lights, liners, timers, control systems, pop-up heads, turbo valves/assemblies, concrete-encased or underground electrical/plumbing or gas lines, solar equipment, heat pumps, electrically operated valves, water chemistry equipment (chlorinators, softeners or salt water converters), pool/spa covers, and equipment used for portable or above ground pool/spa. Determination of whether to repair or replace a system or appliance is at the sole discretion of NRG. NRG may offer You the option of accepting cash in lieu of repair or replacement services. This offered amount is based on the amount NRG would expect to pay (usually less than retail) for parts and labor for covered items. NRG is not obliged to extend such an offer. If NRG chooses to replace Your systems or appliances, NRG will provide replacements with similar features, capacity and efficiency, but NRG is not responsible for matching dimensions, brand or color. NRG is not responsible for matching any feature of an existing

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Agreement

We’re dedicated to fully complying with the laws of Texas.

This contract is issued pursuant to a license granted by the Texas Real Estate Commission, and complaints about NRG may be directed to the Commission at P.O. Box 12188, Austin, TX 78711, 512.936.3049. The purchase of a residential service contract is optional, and similar coverage may be purchased through other residential service companies or insurance companies authorized to transact business in Texas.

NOTICE: YOU, THE BUYER, HAVE OTHER RIGHTS AND REMEDIES UNDER THE TEXAS DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT THAT ARE IN ADDITION TO ANY REMEDY THAT MAY BE AVAILABLE UNDER THIS CONTRACT. FOR MORE INFORMATION CONCERNING YOUR RIGHTS, CONTACT THE CONSUMER PROTECTION DIVISION OF THE ATTORNEY GENERAL’S OFFICE, YOUR LOCAL DISTRICT OR COUNTY ATTORNEY, OR THE ATTORNEY OF YOUR CHOICE.

NOTICE: THIS COMPANY PAYS PERSONS NOT EMPLOYED BY THE COMPANY FOR THE SALE, ADVERTISING, INSPECTION OR PROCESSING OF A RESIDENTIAL SERVICE CONTRACT UNDER TEXAS OCCUPATIONS CODE §1303.304.

You represent and warrant that, to Your knowledge, the systems and appliances to be covered are currently in good working order and have not been declared nonreparable.

Please sign, date and keep for Your records.

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Signature Date

OTHER

IMPORTANT

INFORMATION

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ARBITRATION

item that does not contribute to the primary function of that item, including, but not limited to, professional series appliances and multimedia electronics. NRG is not responsible for: upgrades (except for replacing covered AC condensers with federally mandated equipment with efficiency or refrigerant standards); modifications; after-hours or emergency fees; system efficiency; permits; code violations; manufacturer’s warranty or recall; homeowner’s insurance coverage; commercial-grade equipment; solar or geothermal equipment; noise, odor, leak or other specialty tests; costs to locate; portable equipment; hydro-jetting; failure to provide timely service; undersized systems; restoration; disposal; mold/mildew/bacteria/ viruses; cosmetic defects; hazardous materials (or remediation of hazardous materials); electronic management systems; living expenses; fixtures; missing parts; visually detectable pre-existing conditions; acts of God; or for any incidental, indirect or consequential damages, injuries or losses. NRG is not responsible for work or costs required to comply with any federal, state or local laws, regulations, ordinances, building codes or zoning requirements.

Any dispute will be decided by final, binding and mandatory arbitration conducted pursuant to the Federal Arbitration Act. Arbitration must be demanded within 2 years and 1 day from the date upon which a party’s cause of action for breach of this contract or any other theory of recovery accrues. The nonprevailing party shall pay the other party’s reasonable costs and attorneys’ fees. This contract, its construction and all aspects of the dispute shall be governed by the laws of the state of Texas, but no state arbitration laws shall apply. BY AGREEING, YOU ARE WAIVING ALL RIGHTS TO A TRIAL BY JURY.

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NRG Home Services

P.O. Box 540487

Houston, TX 77254

NRGHomeServices.com

1.844.248.2254

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