19-21711 - Laserfiche WebLink

Browse Search

DocuSign Envelope ID:BD284CA3-3AF2-4B29-8B9F-C648EEC1BC5D - Can Disputes be brought in court? Sometimes. Either party may bring a lawsuit if the*other party does not demand arbitration. We will not demand arbitration of any lawsuit you bring as an individual action in small-claims court. - Where will the arbitration hearing be held? In your hometown area. You can find more information in the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness, which is available here- https://www.jamsadr.com/consumer-minimum-standards. - Are you giving up any rights? Yes. For Disputes subject to this clause, you give up your right to: o have juries decide Disputes; o have courts, other than small-claims courts, decide Disputes; o serve as a private attorney general or in a representative capacity; o join a Dispute you have with a dispute by other consumers; o bring or be a class member in a class action or class arbitration; and o a jury trial and to have courts decide Disputes you wish to arbitrate. - Can you or another consumer start class arbitration? No. JAMS is not allowed to handle any Dispute on a class or representative basis. All Disputes subject to this clause must be decided in an INDIVIDUAL arbitration or an individual small-claims action. This clause will be void if a court rules that the TPA can decide a Dispute on a class basis and the court's ruling is not reversed on appeal. - What law applies? The Federal Arbitration Act ("FAA"). This Agreement involves interstate commerce. THUS, the FAA governs this clause.The TPA must apply substantive law consistent with the FAA. The TPA must honor statutes of limitation and privilege rights. Punitive damages are governed bythe constitutional standards that apply in judicial proceedings. - Will anything you do make this clause ineffective?No.This clause stays in force even if you: (1) cancel this Agreement; (2) default, renew, prepay or pay the Agreement in full; or(3) go into or through bankruptcy. - Will this clause survive termination of this Agreement?Yes. This clause will remain in effect for Disputes that commence even after the Agreement has terminated. 6. Force Majeure. If either you or we are unable to perform any obligation under this Agreement because of a Force Majeure Event, such affected Party will be excused from performance affected by such Force Majeure Event. "Force Majeure Event" shall mean any event, condition, or circumstance beyond the control of the affected Party which, by the exercise of due foresight, such Party could not reasonably have been expected to avoid, and is unable to overcome, including, but not limited to, action or inaction by a governmental authority or Utility or failure to obtain or maintain a permit, license, consent, or approval (provided that such action has been timely requested and diligently pursued), labor dispute, flood, earthquake, volcano, fire, lightning, wind, war, act of god, unavailability of electricity from the Utility, equipment, supplies of products, power surge caused by someone other than the affected Party, or failure of equipment not under the control of the affected Party. In no event shall a Force Majeure Event excuse you from any of your payment obligations under this Agreement. 7. Amendments and Waivers. This Agreement (including all exhibits and notices attached hereto) may only be amended or modified by an instrument in writing signed by both you and us. 8. Entire Agreement. This Agreement, including without limitation the Lease Disclosures and Customer Packet, constitutes the entire agreement between you and us, and supersedes all prior oral and written communications relating hereto. If you sign a Lease after the Transaction Date relating to the same Property and System before that System has received PTO,the later-signed Lease shall supersede and replace the prior-signed Lease in its entirety. 9. Termination. (a) Your Termination Rights. You may terminate the Agreement after your right to cancel under the Notice of Cancellation has expired if a Lessor Default has occurred as set forth in Section 5(c) of the Copyright© 2018 Vivint Solar Developer, LLC, All Rights Reserved. LEASE(8/2018, v4.0.2FL) I Page 10 of 16