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DocuSign Envelope ID:BD284CA3-3AF2-4B29-8B9F-C648EEC1BC5D ` <br /> be redirected and sold at our election; (iii) disconnect or take back the System as permitted by applicable law; <br /> (iv) engage a collection agency to collect payments from you; (v) report your default to credit reporting agencies; <br /> (vi)suspend our.performance under the Agreement; and/or(vii) exercise any other remedy available to us in this <br /> Agreement or under applicable law. Our remedies set forth in this section are cumulative and not exclusive. <br /> (c) Lessor Default. We will be in default(i.e., breach) under this Agreement if we fail to perform any material <br /> obligation under this Agreement and we have not made diligent efforts to cure such default within a reasonable <br /> time after you give us written notice of such failure ("Lessor Default"). <br /> If a Lessor Default occurs and is continuing,you may terminate this Agreement and request removal of the System <br /> from your Property. To the fullest extent permitted under applicable law,you have no right to claim damages as <br /> a result of the termination of this Agreement, except for the actual costs to remove the System (if we fail to <br /> remove the System), and any damages to your Property that we cause in connection removal of the System. <br /> RESIDENTIAL SOLAR POWER SYSTEM LEASE AGREEMENT—GENERAL PROVISIONS <br /> These GENERAL PROVISIONS (the "General Provisions"),shall be interpreted with, and incorporated by reference <br /> in, the Residential Solar Energy System Lease Agreement (the "Lease"). The Lease, the General Provisions, along <br /> with the Customer Packet, any Change Orders, any required disclosures, and any amendments or addenda <br /> between you and any Vivint Solar entity shall be considered part of one transaction (the "Agreement"). <br /> 1. Payment. You shall make payments to us by (a) automatic payment deduction from your designated <br /> checking account, (b) automatic charge to your credit card, or (c) personal check. It is your responsibility to <br /> ensure that there are adequate funds in your account or that you have an adequate credit limit to make payment <br /> as agreed. <br /> The Monthly Payment and all other payments in this Agreement will include a five dollar($5) monthly discount if <br /> you allow us to automatically debit your checking account. You will not receive such five dollar ($5) monthly <br /> discount if you choose to pay by any means other than automatic debit from your checking account (e.g., credit <br /> card or check). You may update your payment information any time by calling us or by visiting <br /> account.vivintsolar.com. <br /> If you are more than fifteen (15) days past due, or if a check from you is returned,we may impose a late charge <br /> equal to fifteen dollars ($15). If you continue to fail to make any payment within ten (10) days after we give you <br /> written notice, then you will be in Customer Default under the Agreement and we may exercise all remedies <br /> available to us under the Agreement. <br /> 2. Governing Law. This Agreement,and any instrument or agreement required hereunder,shall be governed <br /> by, and construed under,the internal laws of the state of Florida. <br /> 3. Limitation of Liability. NOTWITHSTANDING ANY BREACH OF THIS AGREEMENT, ANY FAILURE OF THE <br /> SYSTEM, OR ANY NEGLIGENT ACT THAT CAUSED ANY INJURY OR LOSS(WHETHER PROPERTY DAMAGE, PERSONAL <br /> INJURY, OR DEATH)TO ANYONE,TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND YOU AGREE <br /> THAT, UNLESS SUCH INJURY OR LOSS WAS CAUSED BY A PARTY'S GROSS NEGLIGENCE, FRAUD, WILLFUL INJURY, <br /> OR VIOLATIONS OF LAW, SUCH PARTY'S LIABILITY ARISING OUT OF OR RELATING TO (1) SYSTEM REPAIRS OR <br /> REPLACEMENT UNDER THIS AGREEMENT, SHALL IN NO EVENT EXCEED THE DEFAULT PAYMENT, AND <br /> (2) DAMAGE TO PERSONS AND PROPERTY, SHALL IN NO EVENT EXCEED $2,000,000. YOU AND WE AGREE THAT <br /> THIS AMOUNT IS A FAIR REPRESENTATION OF THE DAMAGES THAT YOU OR WE EXPECT TO INCUR IN THE CASE <br /> OF ANY INJURY OR LOSS HEREUNDER. <br /> Copyright O 2018 Vivint Solar Developer, LLC. All Rights Reserved. LEASE(812018, v4.0.2FL) I Page 8 of 16 <br />