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momentum. SOLAR Binding Nature: This agreement shall bind and inure to the benefit of the respective heirs, personal representatives, successors, and permitted assigns of each party. Entirety of Contract; Modification; Waiver: This agreement constitutes the complete agreement between you and us concerning the subject matter of this agreement and supersedes and cancels any and all prior communications, representations, and agreements between you and us, whether written or oral, with respect to the subject matter of this agreement. This agreement may not be amended or modified unless in writing and executed by you and us. The rights and remedies of both parties under this agreement are cumulative and not alternative. No waiver of any breach or failure to enforce or insist upon performance any of the provisions of this agreement by either party at any time will in any way affect, limit or waive such party's right to enforce and compel strict compliance with every provision of this agreement. Severability: The invalidity or unenforceability of any provision of this agreement shall not affect the validity or enforceability of any other provisions of this agreement, which shall remain in full force and effect. Assignment: Neither party may assign, transfer or delegate any or all of its rights or obligations under this agreement, without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed; provided, however, that (a) the contractor may assign this agreement to any of its affiliates or to a successor of all or substantially all of the contractor's assets through merger, reorganization, consolidation or acquisition and (b) such consent is not required for an assignment (absolute, collateral or otherwise), pledge of, or grant of a security interest in, a right to payment under this agreement by either party. Dispute Resolution: In the event of a dispute, both you and we have the right to have the dispute resolved in a court of law. In this dispute resolution provision, you and we are agreeing to limit that right. If you have any dispute with us or if we have any dispute with you, then both you and we must seek resolution of the dispute in either arbitration or small claims court. If your dispute cannot be resolved in small claims court for any reason, then you must seek resolution of your dispute in arbitration. The arbitration hearing will be held before a nationally recognized provider of arbitration services at a location of your choice within your home state. The rules of the arbitration provider will apply. This dispute resolution agreement does not alter any substantive rights that you may have under state or federal law. By signing below, you agree to comply with this dispute resolution provision, which describes both your and our only procedure for resolving any dispute. Only the arbitrator, not any federal, state, or local court or agency, has the authority to interpret this provision or determine its applicability or enforceability. If any provision of this dispute resolution provision is found to be unenforceable for any reason, such provision will be severed and the remainder of this dispute resolution provision will continue in full force and effect. You understand and accept that arbitration awards are subject to challenge only in limited circumstances. Class Action Waiver: ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. AS A RESULT, NEITHER YOU NOR MOMENTUM MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER "CUSTOMERS", OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY L CAPACITY. By initialing here, you agree to the terms of this paragraph: Customer Initials: Transfer of Title: The title of the equipment will pass to you upon the delivery of the equipment to your property, or any storage facility you designate. Until the equipment has been delivered and signed for by you or your agent, we retain the title for the equipment. Governing Law: This agreement shall be governed by and construed in all respects in accordance with the laws of the State of Florida as they apply to a contract entered into and performed in that state. Document.24 FL Page 5 of 10