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i <br /> momentum <br /> SOLAR <br /> respect to the subject matter of this agreement. This agreement may not be amended or modified unless in a writing and executed by you and us. The rights <br /> and remedies of both parties under this agreement are cumulative and not alternative. No waiver of any breach or failure to enforce or insist upon performance <br /> any of the provisions of this agreement by either party at any time will in any way affect,limit,or waive such party's right to enforce and compel strict compliance <br /> with every provision of this agreement. <br /> Severability:The invalidity or unenforceability of any provision of this agreement shall not affect the validity or enforceability of any other provisions of this <br /> agreement,which shall remain in full force and effect. <br /> Assignment:Neither party may assign,transfer or delegate any or all of its rights or obligations under this agreement,without the prior written consent of the <br /> other party,which consent shall not be unreasonably withheld or delayed;provided,however,that(a)we may assign this agreement to any of our affiliates or <br /> to a successor of all or substantially all of our assets through merger, reorganization, consolidation, or acquisition and (b)consent is not required for an <br /> assignment(absolute,collateral,or otherwise),pledge of,or grant of a security interest in,a right to payment under this agreement by either party. <br /> Dispute Resolution:In the event of a dispute,both you and we have the right to have the dispute resolved in a court of law. In this dispute resolution provision; <br /> you and we are agreeing to limit that right.If you have any dispute with us or if we have any dispute with you,then both you and we must seek resolution of <br /> the dispute in either arbitration or small claims.court. If your dispute cannot be resolved in small claims court for any reason,then you must seek resolution of <br /> your dispute in arbitration. The arbitration hearing will be held before a nationally recognized provider of arbitration services at a location of your choice within <br /> your home state. The rules of the arbitration provider will apply.This dispute resolution agreement does not alter any substantive rights that you may have <br /> under state or federal law. By signing below,you agree to comply with this dispute resolution provision,which describes broth your and our only procedure.for <br /> resolving any dispute. Only the arbitrator,not any federal,state,or local court or agency,has the authority to interpret this provision or determine its applicability <br /> or enforceability.If any provision of this dispute resolution provision is found to be unenforceable for any reason, such provision will be severed and the <br /> remainder of this dispute resolution provision will continue in full force and effect. You understand and accept that arbitration awards are subject to challenge <br /> only in limited circumstances. <br /> Governing Law:This agreement shall be governed by and construed in all respects in accordance with the laws of the State of Florida as they apply to a <br /> contract entered into and performed in that state. <br /> Taxes: Customer acknowledges and understands that it is responsible for any and all taxes that arise under this contract,including but not limited to sales <br /> and use taxes. Customer agrees to execute any certificate or other applicable documents relating to sales or use tax exemptions to ensure that it or contractor, <br /> as applicable,may claim exemption from paying or collecting'any sales or use tax that arises under this contract. Customer agrees to pay all applicable sales <br /> or use taxes if such taxes are determined to be due at any time before or after the termination or expiration of this agreement. <br /> FLORIDA HOMEOWNERS'CONSTRUCTION RECOVERY FUND. PAYMENT,UP TO A LIMITED AMOUNT,MAY BE AVAILABLE FROM THE <br /> FLORIDA HOMEOWNERS'CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER.CONTRACT,WHERE <br /> THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW.BY A LICENSED CONTRACTOR.FOR INFORMATION ABOUT THE <br /> RECOVERY FUND AND FILING A CLAIM,CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING <br /> TELEPHONE NUMBER AND ADDRESS: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION_,A01 BLAIR STONE RD., <br /> TALLAHASSEE,FL 32399,(850)487-1395. <br /> Page 6 of 12 <br />