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1. The building

900 Example Rd, Kent, 98032, King County parcel 0000000900. Floor area we will price on: 42,000 sq ft of incentive-eligible space (heated or cooled space, not counting parking, unconditioned or semi-heated space).

2. What we do

• Request access to the building in Washington's Clean Buildings Portal as your authorized representative.
• Set up the building in ENERGY STAR Portfolio Manager, load at least 12 months of energy data, and share it with the Department of Commerce.
• Prepare the energy use intensity target, the Energy Management Plan, the Operations and Maintenance program, and Commerce's EMP and O&M Reporting Tools.
• Arrange review and signature by an independent Qualified Energy Manager (QEM) and pay that QEM ourselves, or prepare the work for the QEM you choose.
• Complete the Tier 2 compliance application and the early adopter incentive questions in the Portal, route it for signatures, submit it, and respond to Commerce's questions until a decision.
• If you do not name an Energy Manager, we act as Energy Manager for the filing and, after approval, for as long as the building is on our Stay Compliant plan.

3. What you do

You are responsible for the accuracy of what you give us, including what you tell us about the building's maintenance, operations and equipment. We rely on it and do not independently verify it unless we say so in writing.

You, not we, are responsible for implementing and following the Energy Management Plan and the O&M program. If Commerce finds the building out of compliance, or reduces or denies an incentive, because information you gave us was wrong or the maintenance described was not actually in place, that is your responsibility, and you agree to cover our reasonable costs and any claims against us that result.

• Give us accurate information: utility bills or account numbers, floor areas and uses, operating hours, equipment photos, and how the building is maintained.
• Sign the authorization letter, which is also your release for each utility to send us the building's energy data, and the Energy Management Plan. If a utility won't accept the letter and asks for its own release form, sign that form too.
• Name an Energy Manager, who signs the application in the Portal from their own account, or leave that to us (section 2).
• Have the maintenance described in your O&M program in place and being followed before we file, and keep following it. Commerce requires the program to be implemented, not just written. If none is in place, we can help you set one up, but doing it is your responsibility.

4. Fee

Our rate per sq ft of incentive-eligible area depends on how many of your buildings are paid for with us (each counts once its first payment is made, and buildings paid for in one checkout or on one invoice count together; a building you remove still counts if its first payment was made): 1 building $0.15, 2–4 buildings $0.14, 5–9 buildings $0.13, 10–19 buildings $0.11, 20 or more buildings $0.10. Today that is 3 buildings, so $0.14 per sq ft: $5,880 in total. You paid a deposit of $2,940 on September 25, 2026. The rest, $2,940, is invoiced when we submit the compliance application to Commerce. As you pay for more buildings, all of them move to the lower rate: the second payment is worked out at the rate for your count when it is invoiced, and if a building is already paid in full, the difference is credited to your next payment to us, or refunded if nothing more is owed. A building paid in full at checkout keeps the $0.02 per sq ft discount at every rate. The rate never goes up once a deposit is paid. If Commerce's final figure for incentive-eligible area differs, we adjust the second payment, or for a building paid in full we credit or invoice the difference, so the total matches the rate per eligible sq ft. The volume rate does not combine with a pilot or other special price.

Our fee includes the review and sign-off of the Qualified Energy Manager (QEM) we arrange for this building. We pay the QEM out of our fee, so you pay no separate QEM fee.

Site visits. Our fee does not include a visit to the building. If one is needed, for example a technician to photograph equipment or to help set up maintenance, it costs extra: we tell you the price before booking it.

Payment terms. Checkout is once you have given us the building's information and we have confirmed the price, before the Qualified Energy Manager reviews the plans. The first payment, or the single payment if you pay in full, is due at checkout, or within 15 days of an invoice if you choose to pay by invoice. The second payment becomes owed, and is invoiced, when we submit your compliance application to Commerce. If you cancel, or we end the agreement or close the file, before then, the second payment is never owed. The second payment is due within 15 days of the invoice date (Net 15). We do not send plans or forms to you or the QEM before the first payment. Overdue balances are subject to a late charge of 1.5% per month.

Washington B&O tax. B&O tax, if it applies to us, is a tax on our business's gross receipts and is our cost. It is not added to your fee and is not a sales tax charged to you.

Our fee is for preparing and filing your compliance. It does not depend on whether, when, or how much your utility pays the incentive, or on Commerce's approval of any incentive.

Payments are non-refundable once we have begun work. If we cannot submit your application for a reason within our control, we refund what you have paid us, up to half of our fee.

5. The incentive is not guaranteed

The Tier 2 early adopter incentive is decided by Commerce and paid by your utility from a limited state fund, first come, first served. Utilities may pay part of it or nothing if their tax credit is used up, and some utilities do not participate. We will tell you what you appear to be eligible for, but we do not promise any payment.

6. The Qualified Energy Manager

The QEM is an independent professional we arrange and pay for you. The QEM reviews the work, signs the application from their own Portal account, and is responsible for their own attestation.

7. Limits

Our total liability under this agreement is limited to the fees you have paid us. Neither of us is liable for indirect or consequential losses, including a lost or reduced incentive.

Commerce sets the rules and deadlines and may change them. We are not responsible for Commerce's or a utility's decisions or delays.

8. Your data

We use your information only to prepare, file and maintain your compliance. We do not sell it. When the work is done, we give you copies of everything we filed and transfer the Portfolio Manager property to you on request.

9. Ending this agreement

Either of us can end this agreement by email. If you end it after the first payment, section 4 sets out what is owed and what is refunded. If we end it before submitting, we refund what you have paid us, up to half of our fee.

10. General

Washington law governs this agreement. This is the whole agreement between us about this building. Electronic signatures are valid.

We may assign this agreement to a successor entity that we own or control, such as a limited liability company formed to carry on our business, by giving you written notice, which may be an email.

11. Client responsibilities; client-caused delay

You will provide, within the timeframes we request, the information and access reasonably required for the services, including: utility bills or a signed utility data authorization; building and equipment information; and a designated individual authorized to review and sign compliance documents.

Tier Two Partners will send written reminders when required items are outstanding, and each reminder will be logged in your account's activity history, which serves as the record of notice.

Any deadline, including state filing deadlines and incentive program deadlines, is extended day-for-day for delays caused by your failure to provide required items, and we are not liable for any missed deadline, lost or reduced incentive, penalty, or other consequence resulting from such delay.

If you remain unresponsive for more than 30 days after at least two written notices, we may close the file. Payments already made are not refunded, and section 4 sets out whether the second payment is owed.

Signed for the owner

Pat Example, Managing Member, for Example Holdings LLC