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DocuSign Envelope ID:BD284CA3-3AF2-4B29-8B9F-C648EEC1BC5D
<br /> TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR WE MAY BRING A CLAIM AGAINST
<br /> THE OTHER PARTY OR SUCH PARTY'S AFFILIATES, OWNERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS,
<br /> OR SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE "RELATED PARTIES") FOR ANY SPECIAL, EXEMPLARY,
<br /> INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (WHETHER OR NOT THE CLAIM THEREFOR IS
<br /> BASED ON CONTRACT,TORT, DUTY IMPOSED BY LAW, OR OTHERWISE), IN CONNECTION WITH,ARISING OUT OF,
<br /> OR IN ANY WAY RELATED TO THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT OR ANY ACT OR
<br /> OMISSION OR EVENT OCCURRING IN CONNECTION THEREWITH. YOU FURTHER AGREE THAT NO CLAIM,
<br /> LAWSUIT, OR ANY OTHER LEGAL OR ARBITRATION PROCEEDING IN CONNECTION WITH, ARISING OUT OF, OR IN
<br /> ANY WAY RELATED TO THIS AGREEMENT MAY BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE INCIDENT
<br /> GIVING RISE TO SUCH CLAIM, OR AS LIMITED BY APPLICABLE LAW.
<br /> 4. Indemnification. To the fullest extent permitted by applicable law, you agree to indemnify, advance
<br /> expenses,and hold harmless us and our Related Parties from any and all claims,actions,costs,expenses(including
<br /> reasonable attorneys' fees and expenses), damages, liabilities, penalties, losses, obligations, injuries, demands,
<br /> and liens of any kind or nature in connection with, arising out of, or in any way related to your breach of this
<br /> Agreement, or your negligence or willful misconduct, or your violation of law. Your indemnification obligations
<br /> under this section shall not apply if the harm or damage that is the basis for such claim occurred while one of our
<br /> employees or agents was at your Property and such harm or damage was caused by the negligence or willful
<br /> misconduct of such employee or agent.
<br /> S. Arbitration of Disputes and Class Waiver. Unless prohibited by applicable law and unless you opt out,you
<br /> and we agree that any Party may elect to arbitrate or require arbitration of any Dispute (as defined below). You
<br /> also agree to bring claims against us only in your individual capacity and YOU ARE WAIVING THE RIGHTTO INITIATE
<br /> OR PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING.
<br /> - What is arbitration? An alternative to a court case. In arbitration, a third party arbitrator ("TPA") solves
<br /> "Disputes" in a hearing. It is less formal than a court case.
<br /> - Is it different from court and jury trials? Yes. The hearing is private. There is no jury. It is usually less
<br /> formal, faster and less expensive than a lawsuit. Pre-hearing fact finding (called "discovery") is limited.
<br /> Appeals are limited.The arbitrator's findings are binding, and courts rarely overturn arbitration awards.
<br /> - Who does this cover? You,us,and certain Related Parties(defined above). Either you or we may,without
<br /> the other's consent, elect to resolve disputes by mandatory, binding arbitration.
<br /> - What does this cover?All Disputes (except certain Disputes about this clause). This governs all disputes
<br /> that would usually be decided in court and are between us (or any Related Party) and you, including
<br /> without limitation all claims related to this Agreement, the System or our relationship with you
<br /> ("Disputes"). Disputes include claims related to amendments, Lease Disclosures, Change Orders,
<br /> collections, privacy and Customer Information, and claims related to the validity of this Agreement AND
<br /> THE ARBITRABILITY OF ANY DISPUTE(S). In short, Disputes has the broadest reasonable meaning.
<br /> - Who handles the arbitration?JAMS. The arbitration company will be JAMS, 1920 Main Street, Suite 300,
<br /> Irvine, CA 92614, www.jamsadr.org.
<br /> - What are the rules of the arbitration? Those in this clause along with the JAMS Rules. Arbitrations are
<br /> conducted under this Clause and the JAMS Streamlined Arbitration Rules and Procedures in effect at the
<br /> time the arbitration is commenced. This Agreement is also subject to the JAMS Policy on Consumer
<br /> Arbitrations Pursuant to Pre-Dispute Clauses and Minimum Standards of Procedural Fairness, which set
<br /> forth certain protections to you (including a maximum filing fee). Any other arbitration rules that conflict
<br /> with this Clause do not apply.
<br /> Copyright O 2018 Vivint Solar Developer, LLC. All Rights Reserved. LEASE(8/2018, v4.0.2FL; I Page 9 of 16
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