|
DocuSign Envelope ID:F498671A-AA1C-4643-B26F-06CEFOBD8983
<br /> Lease by delivering written notice of termination to us. (b) Our Termination Rights. We may terminate this
<br /> Agreement prior to commencement of installation work or if a Customer Default has occurred as set forth in
<br /> Section 5(a) of the Lease by delivering written notice of termination to you. (c) Consequences of Termination.
<br /> Unless we transfer the System to you, we will remove the System, if it has been installed, within ninety(90) days
<br /> after any termination or cancellation of this Agreement. If we elect to terminate this Agreement,we will have no
<br /> further liability to you.
<br /> 10. Default Payments. If this Agreement is terminated or cancelled for any reason, other than if this
<br /> Agreement is cancelled pursuant to the Notice of Cancellation,terminated pursuant to Section 9 of the General
<br /> Provisions, or terminated due to a Lessor Default or a Force Majeure Event,you agree to pay us an amount equal
<br /> to the sum of the remaining Monthly Payments due to us during the Term, discounted by five percent (5%) per
<br /> year, loss of expected benefits from the System and System Interests, amounts you owe us, our reasonable
<br /> attorney's fees,and our other costs and losses including costs of removal of the System, plus any applicable taxes
<br /> (collectively, the "Default Payment"). After you pay us the Default Payment, we will transfer ownership of the
<br /> System to you on an "As Is, Where Is" basis; provided that we will retain all rights to the System Interests. YOU
<br /> AGREE THAT THE DEFAULT PAYMENT FAIRLY REFLECTS THE VALUE OF THE SYSTEM AND IS A FAIR
<br /> REPRESENTATION OF THE DAMAGES AND LOSSES THAT WE MAY INCUR AS A RESULT OF A CUSTOMER DEFAULT.
<br /> 11. Data concerning you, the System, and your Property. We may collect and store: nonpublic personal
<br /> information about you, the System, your energy usage, your credit report, and other related information; and
<br /> may install, operate, and maintain an energy consumption monitoring device on your Property that we may use
<br /> to collect and store information about energy usage at your Property (collectively, "Data"). You agree that we
<br /> may use, store, and disclose the Data to our assignees, affiliates, actual or prospective lenders,financing parties,
<br /> investors, insurers, and acquirers. You also agree to provide to us directly, or work with us and your Utility to
<br /> authorize your Utility to provide to us, Data associated with your energy usage throughout the Initial Term.
<br /> We use certain physical and technical safeguards that are designed to improve the integrity and security of Data
<br /> in our possession and control. We cannot, however, ensure or warrant the security of all Data or guarantee that
<br /> Data may not be accessed or disclosed by breach of our physical or technical safeguards. So long as no Customer
<br /> Default has occurred or is continuing under the Agreement, we will make certain Data available to you via the
<br /> Vivint Solar Account Center, available at: https:Haccount.vivintsolar.com.
<br /> You agree that we may share your name, contact information, Property location, and other information we have
<br /> collected or obtained about you, including the Data ("Customer Information")with our affiliates (including Vivint
<br /> Inc. and its affiliates). You authorize us, our affiliates, and others that may act on our behalf to make calls and
<br /> send SMS text messages to you for marketing and other business purposes. You may opt-out of receiving
<br /> marketing communications by calling or emailing our customer service department at help@vivintsolar.com
<br /> 12. Our Transfer. We may assign, sell, or transfer (in whole or in part) this Agreement without your consent
<br /> and without notice. If an assignee agrees in writing to assume all of our rights and obligations under this
<br /> Agreement, we will have no further liability or obligation to you upon the effective date of such assignment.
<br /> 13. Binding Effect. This Agreement shall be binding upon and benefit you and us and our and your respective
<br /> Related Parties, legal representatives, successors, and permitted assigns. Except as expressly provided in this
<br /> Agreement, you may not assign this Agreement (or any of your obligations or rights under it) without our prior
<br /> written and signed consent. Any purported assignment by you without our prior written and signed consent shall
<br /> be null and void.
<br /> Copyright 018 Vivint Solar Developer, LLC. All Rights Reseried. LEASE(812018, v4.0.21 Q I Page 11 of 16
<br />
|