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19-21806
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2019
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19-21806
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Last modified
5/13/2020 8:36:13 AM
Creation date
5/11/2020 8:51:00 AM
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Building Department
Building Department - Doc Type
Permit
Permit #
19-21806
Building Department - Name
EADS,DUSTIN & BRITTNEY
Address
5905 18TH ST
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DocuSign Envelope ID:F498671A-AA1C-4643-B26F-06CEFOBD8983 <br /> - Can Disputes be brought in court? Sometimes. Either party may bring a lawsuit if the other party does <br /> not demand arbitration. We will not demand arbitration of any lawsuit you bring as an individual action <br /> in small-claims court. <br /> - Where Will the arbitration hearing be held? In your hometown area. You can find more information in <br /> the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of <br /> Procedural Fairness, which is available here- https://www.jamsadr.com/consumer-minimum-standards. <br /> - Are you giving up any rights? Yes. For Disputes subject to this clause, you give up your right to: <br /> o have juries decide Disputes; <br /> o have courts, other than small-claims courts, decide Disputes; <br /> o serve as a private attorney general or in a representative capacity; <br /> o join a Dispute you have with a dispute by other consumers; <br /> o bring or be a class member in a class action or class arbitration; and <br /> o a jury trial and to have courts decide Disputes you wish to arbitrate. <br /> - Can you or another consumer start class arbitration? No. LAMS is not allowed to handle any Dispute on a <br /> class or representative basis. All Disputes subject to this clause must be decided in an INDIVIDUAL <br /> arbitration or an individual small-claims action. This clause will be void if a court rules that the TPA can <br /> decide a Dispute on a class basis and the court's ruling is not reversed on appeal. <br /> - What law applies? The Federal Arbitration Act ("FAA"). This Agreement involves interstate commerce. <br /> THUS, the FAA governs this clause.The TPA must apply substantive law consistent with the FAA.The TPA <br /> must honorstatutes of limitation and privilege rights.Punitive damages are governed by the constitutional <br /> standards that apply in judicial proceedings. <br /> - Will anythingyou do make this clause ineffective?No.This clause stays in force even if you: (1) cancel this <br /> Agreement; (2) default, renew, prepay or pay the Agreement in full; or(3) go into or through bankruptcy. <br /> - Will this clause survive termination of this Agreement?Yes.This clause will remain in effect for Disputes <br /> that commence even after the Agreement has terminated. <br /> 6. Force Majeure. If either you or we are unable to perform any obligation under this Agreement because <br /> of a Force Majeure Event, such affected Party will be excused from performance affected by such Force Majeure <br /> Event. "Force Majeure Event" shall mean any event, condition, or circumstance beyond the control of the <br /> affected Party which, by the exercise of due foresight, such Party could not reasonably have been expected to <br /> avoid, and is unable to overcome, including, but not limited to, action or inaction by a governmental authority or <br /> Utility or failure to obtain or maintain a permit, license, consent, or approval (provided that such action has been <br /> timely requested and diligently pursued), labor dispute,flood, earthquake,volcano, fire, lightning, wind, war, act <br /> of god, unavailability of electricity from the Utility, equipment, supplies of products, power surge caused by <br /> someone other than the affected Party, or failure of equipment not under the control of the affected Party. In <br /> no event shall a Force Majeure Event excuse you from any of your payment obligations under this Agreement. <br /> 7. Amendments and Waivers. This Agreement (including all exhibits and notices attached hereto) may only <br /> be amended or modified by an instrument in writing signed by both you and us. <br /> S. Entire Agreement. This Agreement, including without limitation the Lease Disclosures and Customer <br /> Packet, constitutes the entire agreement between you and us, and supersedes all prior oral and written <br /> communications relating hereto. If you sign a Lease after the Transaction Date relating to the same Property and <br /> System before that System has received PTO, the later-signed Lease shall supersede and replace the prior-signed <br /> Lease in its entirety. <br /> 9. Termination. (a) Your Termination Rights. You may terminate the Agreement after your right to cancel <br /> under the Notice of Cancellation has expired if a Lessor Default has occurred as set forth in Section 5(c) of the <br /> copyright G _,01R Vivint Solar Developer, L C. All Rights Reserved. LEASE(8/2018 r4.0.2FL) I Pzge 10 of 16 <br />
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