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1 DocuSign Envelope ID:BD284CA3-3AF2-4B29-8B9F-C648 EEC 1BC5D ` 3. Payment and Lease. ' (a) Lease. Starting on the In-Service Date, we hereby lease to you, and you lease from us,the System.You shall pay a fixed monthly lease payment equivalent to the "Monthly Payment" described in the Lease Disclosures The Monthly Payment will attached as Exhibit A(the "Monthly Payment"), plus applicable taxes. Each increase 2.9% per year year of the Initial Term, on the anniversary of the In-Service Date, the Monthly Payment shall increase by two and nine-tenths percent (2.9%). (This percentage may not measure the overall cost of financing this Agreement). THIS AGREEMENT IS FOR THE LEASE OF A SOLAR ENERGY SYSTEM BY US TO YOU, AND NOT FOR THE SALE OF ENERGY,THE SYSTEM,THE SYSTEM INTERESTS, OR A SOLAR ENERGY DEVICE. An estimate of the System's annual Energy production will be provided to you in the Customer Packet; but we reserve the right to modify the size, production, or location of the System at the time of installation as required by applicable law or in our reasonable discretion. If the System's annual estimated Energy production is increased by more than five percent(+S%),then we may, in our discretion, provide to you an updated Customer Packet and updated Lease Disclosures for your approval reflecting the modified System. If the System's annual estimated Energy production is decreased by more than ten percent (-10%), then we will provide to you an updated Customer Packet and updated Lease Disclosures for your approval reflecting the modified System. Any updated Lease Disclosures and the updated Customer Packet will become part of this Agreement. You must You are required to maintain your Utility interconnection throughout the Initial . Term as you will need to purchase electricity from the Utility. We are not a utility continue service or public service company. We are not subject to rate review or other regulations with your Utility applicable to a public utility. WE DO NOT WARRANT OR GUARANTEE (1)THE AMOUNT OF ENERGY PRODUCED BY THE SYSTEM FOR ANY PERIOD, (2) ANY COST SAVINGS, (3) THE EXISTENCE OF OR PRICING ASSOCIATED WITH ANY NET METERING PROGRAM, OR UTILITY OR GOVERNMENT INCENTIVE PROGRAM, OR (4) THE AVAILABILITY OR YOUR ELIGIBILITY FOR ANY TAX OR OTHER STATE AND FEDERAL INCENTIVES, WHICH ARE ALSO SUBJECT TO CHANGE. ACTUAL UTILITY RATES AND NET METERING BENEFITS MAY GO UP OR DOWN AND ACTUAL SAVINGS MAY VARY. FOR FURTHER INFORMATION REGARDING RATES, YOU MAY CONTACT YOUR UTILITY. (b) Payments. Following the In-Service Date, for each month of the Initial Term, we will send you an invoice reflecting the Monthly Payment, plus applicable taxes. All payments are due within ten (10) days of the invoice date. You agree to make payments under this Agreement in the manner you have selected in Section 1 of the attached "General Provisions" document. (c) Ownership of the System and the System Interests. This Agreement is for the lease of the System, not the sale of the System or the System Interests. We own and hold all property rights in (i) the System; and (ii) any credits, rebates, incentives, allowances, tax benefits, or certificates that are attributed, allocated, or related to the System, the Energy, or environmental attributes thereof (collectively, the "System Interests"). Other than your leasehold rights in the System, you have no rights to the System or the System Interests, and you hereby disclaim and/or assign to us all right, title and interest in the System and the System Interests. If we request,you agree to execute all documents to allow us to be the exclusive owner of the System and the System Interests. You agree to keep the System and System Interests free from all liens, security interests, and encumbrances of any type. You agree to not take any action or allow any omission that could have the effect of impairing the value Copyright© 2018 Vivint Solar Developer, LLC. All Rights Reserved. LEASE(8/2018, v4.0.2FL) I Page 4 of 16