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DocuSign Envelope ID:F498671A-AA1C-4643-B26F-06CEFOBD8983 be redirected and sold at our election; (iii) disconnect or take back the System as permitted by applicable law; (iv) engage a collection agency to collect payments from you; (v) report your default to credit reporting agencies; (vi) suspend our performance under the Agreement; and/or(vii) exercise any other remedy available to us in this Agreement or under applicable law. Our remedies set forth in this section are cumulative and not exclusive. (c) Lessor Default. We will be in default(i.e., breach) under this Agreement if we fail to perform any material obligation under this Agreement and we have not made diligent efforts to cure such default within a reasonable time after you give us written notice of such failure ("Lessor Default"). If a Lessor Default occurs and is continuing,you mayterminate this Agreement and request removal of the System from your Property. To the fullest extent permitted under applicable law, you have no right to claim damages as a result of the termination of this Agreement, except for the actual costs to remove the System (if we fail to remove the System), and any damages to your Property that we cause in connection removal of the System. RESIDENTIAL SOLAR POWER SYSTEM LEASE AGREEMENT- GENERAL PROVISIONS These GENERAL PROVISIONS (the "General Provisions"), shall be interpreted with, and incorporated by reference in, the Residential Solar Energy System Lease Agreement (the "Lease"). The Lease,the General Provisions, along with the Customer Packet, any Change Orders, any required disclosures, and any amendments or addenda between you and any Vivint Solar entity shall be considered part of one transaction (the "Agreement"). 1. Payment. You shall make payments to us by (a) automatic payment deduction from your designated checking account, (b) automatic charge to your credit card, or (c) personal check. It is your responsibility to ensure that there are adequate funds in your account or that you have an adequate credit limit to make payment as agreed. The Monthly Payment and all other payments in this Agreement will include a five dollar ($5) monthly discount if you allow us to automatically debit your checking account. You will not receive such five dollar ($5) monthly discount if you choose to pay by any means other than automatic debit from your checking account (e.g., credit card or check). You may update your payment information any time by calling us or by visiting account.vivintsolar.com. If you are more than fifteen (15) days past due, or if a check from you is returned,we may impose a late charge equal to fifteen dollars($15). If you continue to fail to make any payment within ten (10) days after we give you written notice, then you will be in Customer Default under the Agreement and we may exercise all remedies available to us under the Agreement. 2. Governing Law. This Agreement,and any instrument or agreement required hereunder,shall be governed by, and construed under, the internal laws of the state of Florida. 3. Limitation of Liability. NOTWITHSTANDING ANY BREACH OF THIS AGREEMENT, ANY FAILURE OF THE SYSTEM, OR ANY NEGLIGENT ACT THAT CAUSED ANY INJURY OR LOSS (WHETHER PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH)TO ANYONE,TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND YOU AGREE THAT, UNLESS SUCH INJURY OR LOSS WAS CAUSED BY A PARTY'S GROSS NEGLIGENCE, FRAUD, WILLFUL INJURY, OR VIOLATIONS OF LAW, SUCH PARTY'S LIABILITY ARISING OUT OF OR RELATING TO (1) SYSTEM REPAIRS OR REPLACEMENT UNDER THIS AGREEMENT, SHALL IN NO EVENT EXCEED THE DEFAULT PAYMENT, AND (2) DAMAGE TO PERSONS AND PROPERTY, SHALL IN NO EVENT EXCEED $2,000,000. YOU AND WE AGREE THAT THIS AMOUNT IS A FAIR REPRESENTATION OF THE DAMAGES THAT YOU OR WE EXPECT TO INCUR IN THE CASE OF ANY INJURY OR LOSS HEREUNDER. Copyright iQl 2-018 Viv[nt Solar Developer, LLC. All Rights Reseried. LEASE(2120-19, v4.0.2FL) I Page 8 of 16