Common use of DEFAULT BY CUSTOMER; SUNRUN’S REMEDIES Clause in Contracts

DEFAULT BY CUSTOMER; SUNRUN’S REMEDIES. (i) You will be in default under the Agreement if: 1. You terminate this Agreement under Section G(5)(a)(iii); 2. You provide any false or misleading financial or other information to obtain this Agreement; 3. You assign, transfer, or encumber this Agreement or any part of the Solar System without Sunrun’s prior written consent; 4. You make a general assignment for the benefit of creditors, file a petition in bankruptcy, appoint a trustee or receiver, or have all or substantially all of your assets subject to attachment, execution or other judicial seizure, or you become insolvent or unable to pay your debts, or vacate or abandon the Home;. 5. Foreclosure proceedings are filed involving the Home; 6. You (1) fail to provide us with the information, approvals or access to the Home we need in order to do the Work or (b) fail to make a payment when due, and, in either case, you fail to correct the problem in ten (10) days. In addition, to any other remedies described herein, upon the occurrence of any event described in the foregoing sentence, and prior to expiration of the 10 day cure period, Sunrun may stop Work. Sunrun will give you written notice of our reasons for stopping Work. 7. If you fail to perform any other material obligation that you have undertaken in this Agreement, including doing something you have agreed not to do, and such failure continues beyond a period of fourteen (14) days after you receive notice of such failure. (ii) If any events described in Section G(10)(a)(i) occur, Sunrun may, upon notice to you, exercise one or more of the following remedies, in its sole discretion: 1. Sunrun may terminate the Agreement; 2. Sunrun may, subject to any cure rights provided herein or under applicable law, have the right to disconnect the Solar System and/or enter the Home and remove the Solar System. We will provide at least ten (10) days’ advanced written notice of our intent to disconnect the Solar System; 3. Sunrun may require you to pay Sunrun a termination payment equal to the Prepayment of all future Monthly Payments during the Initial Term ("Make Whole"); 4. If, as a result of your default, Sunrun removes the Solar System, then in addition to the Make Whole payment, you will be obligated to pay Sunrun an amount equal to the value of any federal, state and local Incentives that Sunrun must return as a result of such removal; 5. Sunrun may exercise any other remedies available to Sunrun at law or in equity.

DEFAULT BY CUSTOMER; SUNRUN’S REMEDIES. (i) You will be in default under the Agreement if: 1. You terminate this Agreement under Section G(5)(a)(iii); 2. You provide any false or misleading financial or other information to obtain this Agreement; 3. You assign, transfer, or encumber this Agreement or any part of the Solar System without Sunrun’s prior written consent; 4. You make a general assignment for the benefit of creditors, file a petition in bankruptcy, appoint a trustee or receiver, or have all or substantially all of your assets subject to attachment, execution or other judicial seizure, or you become insolvent or unable to pay your debts, or vacate or abandon the Home;. 5. Foreclosure proceedings are filed involving the Home; 6. You (1) fail to provide us with the information, approvals or access to the Home we need in order to do the Work or (b) fail to make a payment when due, and, in either case, you fail to correct the problem in ten (10) days. In addition, to any other remedies described herein, upon the occurrence of any event described in the foregoing sentence, and prior to expiration of the 10 day cure period, Sunrun may stop Work. Sunrun will give you written notice of our reasons for stopping Work. 7. If you fail to perform any other material obligation that you have undertaken in this Agreement, including doing something you have agreed not to do, and such failure continues beyond a period of fourteen (14) days after you receive notice of such failure. (ii) If any events described in Section G(10)(a)(i) occur, Sunrun may, upon notice to you, exercise one or more of the following remedies, in its sole discretion: 1. Sunrun may terminate the Agreement; 2. Sunrun may, subject to any cure rights provided herein or under applicable law, have the right to disconnect the Solar System and/or enter the Home and remove the Solar System. We will provide at least ten (10) days’ advanced written notice of our intent to disconnect the Solar System; 3. Sunrun may require you to pay Sunrun a termination payment equal to the Prepayment of all future Monthly Payments during the Initial Term ("Make Whole"); 4. If, as a result of your default, Sunrun removes the Solar System, then in addition to the Make Whole payment, you will be obligated to pay Sunrun an amount equal to the value of any federal, state and local Incentives that Sunrun must return as a result of such removal; 54. Sunrun may exercise any other remedies available to Sunrun at law or in equity.

DEFAULT BY CUSTOMER; SUNRUN’S REMEDIES. (i) You will be in default under the Agreement if: 1. You terminate this Agreement under Section G(5)(a)(iii); 2. You provide any false or misleading financial or other information to obtain this Agreement; 3. You assign, transfer, or encumber this Agreement or any part of the Solar System without Sunrun’s prior written consent; 4. You make a general assignment for the benefit of creditors, file a petition in bankruptcy, appoint a trustee or receiver, or have all or substantially all of your assets subject to attachment, execution or other judicial seizure, or you become insolvent or unable to pay your debts, or vacate or abandon the Home;. 5. Foreclosure proceedings are filed involving the Home; 6. You fail to (1) fail to provide us with the information, approvals or reasonable access to the Home we need in order to do the Work Work, or (b) you fail to (2) make a payment when due, and, in either case, you fail to correct the problem in ten (10) daysdays of notice being provided to you. In addition, to any other remedies described herein, upon the occurrence of any event described in the foregoing sentence, and prior to expiration of the 10 day cure period, Sunrun may stop Work. Sunrun will give you written notice of our reasons for stopping Work. 7. If you fail to perform any other material obligation that you have undertaken in this Agreement, including doing something you have agreed not to do, and such failure continues beyond a period of fourteen (14) days after you receive notice of such failure. (ii) If any events described in Section G(10)(a)(i) occur, Sunrun may, upon notice to you, exercise one or more of the following remedies, in its sole discretion: 1. Sunrun may terminate the Agreement; 2. Sunrun may, subject to any cure rights provided herein or under applicable law, have the right to disconnect the Solar System and/or enter the Home and remove the Solar System. We will provide at least ten (10) days’ advanced written notice of our intent to disconnect the Solar System; 3. Sunrun may require you to pay Sunrun a termination payment equal to the Prepayment of all future Monthly Payments during the Initial Term ("Make Whole"); 4. If, as a result of your default, Sunrun removes the Solar System, then in addition to the Make Whole payment, you will be obligated to pay Sunrun an amount equal to the value of any federal, state and local Incentives that Sunrun must return as a result of such removal; 5. Sunrun may exercise any other remedies available to Sunrun at law or in equity.

DEFAULT BY CUSTOMER; SUNRUN’S REMEDIES. (i) You will be in default under the Agreement if: 1. You terminate this Agreement under Section G(5)(a)(iii); 2. You provide any false or misleading financial or other information to obtain this Agreement; 3. You assign, transfer, or encumber this Agreement or any part of the Solar System without Sunrun’s prior written consent; 4. You make a general assignment for the benefit of creditors, file a petition in bankruptcy, appoint a trustee or receiver, or have all or substantially all of your assets subject to attachment, execution or other judicial seizure, or you become insolvent or unable to pay your debts, or vacate or abandon the Home;. 5. Foreclosure proceedings are filed involving the Home; 6. You (1) fail to provide us with the information, approvals or access to the Home we need in order to do the Work or (b) fail to make a payment when due, and, in either case, you fail to correct the problem in ten (10) days. In addition, to any other remedies described herein, upon the occurrence of any event described in the foregoing sentence, and prior to expiration of the 10 day cure period, Sunrun may stop Work. Sunrun will give you written notice of our reasons for stopping Workwork. 7. If you fail to perform any other material obligation that you have undertaken in this Agreement, including doing something you have agreed not to do, and such failure continues beyond a period of fourteen one hundred twenty (14120) days after you receive notice of such failure. (ii) If any events described in Section G(10)(a)(iG(11)(a)(i) occur, Sunrun may, upon notice to you, exercise one or more of the following remedies, in its sole discretion: 1. Sunrun may terminate the Agreement; 2. Sunrun may, subject to any cure rights provided herein or under applicable law, have the right to disconnect the Solar System and/or enter the Home and remove the Solar System. We will provide at least ten (10) days’ advanced written notice of our intent to disconnect the Solar System; 3. Sunrun may require you to pay Sunrun a termination payment equal to the Prepayment of all future Monthly Payments during the Initial Term ("Make Whole"); 4. If, as a result of your default, Sunrun removes the Solar System, then in addition to the Make Whole payment, you will be obligated to pay Sunrun an amount equal to the value of any federal, state and local Incentives that Sunrun must return as a result of such removal; 5. Sunrun may exercise any other remedies available to Sunrun at law or in equity.

DEFAULT BY CUSTOMER; SUNRUN’S REMEDIES. (i) You will be in default under the Agreement if: 1. You terminate this Agreement under Section G(5)(a)(iii); 2. You provide any false or misleading financial or other information to obtain this Agreement; 3. You assign, transfer, or encumber this Agreement or any part of the Solar System without Sunrun’s prior written consent; 4. You make a general assignment for the benefit of creditors, file a petition in bankruptcy, appoint a trustee or receiver, or have all or substantially all of your assets subject to attachment, execution or other judicial seizure, or you become insolvent or unable to pay your debts, or vacate or abandon the Home;. 5. Foreclosure proceedings are filed involving the Home; 6. You (1) fail to provide us with the information, approvals or access to the Home we need in order to do the Work or (b) fail to make a payment when due, and, in either case, you fail to correct the problem in ten (10) days. In addition, to any other remedies described herein, upon the occurrence of any event described in the foregoing sentence, and prior to expiration of the 10 day cure period, Sunrun may stop Work. Sunrun will give you written notice of our reasons for stopping Work. 7. If you fail to perform any other material obligation that you have undertaken in this Agreement, including doing something you have agreed not to do, and such failure continues beyond a period of fourteen (14) days after you receive notice of such failure. (ii) If any events described in Section G(10)(a)(i) occur, Sunrun may, upon notice to you, exercise one or more of the following remedies, in its sole discretion: 1. Sunrun may terminate the Agreement; 2. Sunrun may, subject to any cure rights provided herein or under applicable law, have the right to disconnect the Solar System and/or enter the Home and remove the Solar System. We will provide at least ten (10) days’ advanced written notice of our intent to disconnect the Solar System; 3. Sunrun may require you to pay Sunrun a termination payment equal to the Prepayment of all future Monthly Lease Payments during the Initial Term ("Make Whole"); 4. If, as a result of your default, Sunrun removes the Solar System, then in addition to the Make Whole payment, you will be obligated to pay Sunrun an amount equal to the value of any federal, state and local Incentives that Sunrun must return as a result of such removal; 5. Sunrun may exercise any other remedies available to Sunrun at law or in equity.

DEFAULT BY CUSTOMER; SUNRUN’S REMEDIES. (i) You will be in default under the Agreement if: 1. You terminate this Agreement under Section G(5)(a)(iiiG(5)(a)(3); 2. You provide any false or misleading financial or other information to obtain this Agreement; 3. You assign, transfer, or encumber this Agreement or any part of the Solar System without Sunrun’s prior written consent; 4. You make a general assignment for the benefit of creditors, file a petition in bankruptcy, appoint a trustee or receiver, or have all or substantially all of your assets subject to attachment, execution or other judicial seizure, or you become insolvent or unable to pay your debts, or vacate or abandon the Home;. 5. Foreclosure proceedings are filed involving the Home; 6. You (1) fail to provide us with the information, approvals or access to the Home we need in order to do the Work or (b) fail to make a payment when due, and, in either case, you fail to correct the problem in ten (10) days. In addition, to any other remedies described herein, upon the occurrence of any event described in the foregoing sentence, and prior to expiration of the 10 day cure period, Sunrun may stop Work. Sunrun will give you written notice of our reasons for stopping Workwork. 7. If you fail to perform any other material obligation that you have undertaken in this Agreement, including doing something you have agreed not to do, and such failure continues beyond a period of fourteen one hundred twenty (14120) days after you receive notice of such failure. (ii) If any events described in Section G(10)(a)(iG(11)(a)(i) occur, Sunrun may, upon notice to you, exercise one or more of the following remedies, in its sole discretion: 1. Sunrun may terminate the Agreement; 2. Sunrun may, subject to any cure rights provided herein or under applicable law, have the right to disconnect the Solar System and/or enter the Home and remove the Solar System. We will provide at least ten (10) days’ advanced written notice of our intent to disconnect the Solar System; 3. Sunrun may require you to pay Sunrun a termination payment equal to the Prepayment of all future Monthly Payments during the Initial Term ("Make Whole"); 4. If, as a result of your default, Sunrun removes the Solar System, then in addition to the Make Whole payment, you will be obligated to pay Sunrun an amount equal to the value of any federal, state and local Incentives that Sunrun must return as a result of such removal; 54. Sunrun may exercise any other remedies available to Sunrun at law or in equity.

DEFAULT BY CUSTOMER; SUNRUN’S REMEDIES. (i) You will be in default under the Agreement if: 1. You terminate this Agreement under Section G(5)(a)(iiiG(5)(a)(3); 2. You provide any false or misleading financial or other information to obtain this Agreement; 3. You assign, transfer, or encumber this Agreement or any part of the Solar System without Sunrun’s prior written consent; 4. You make a general assignment for the benefit of creditors, file a petition in bankruptcy, appoint a trustee or receiver, or have all or substantially all of your assets subject to attachment, execution or other judicial seizure, or you become insolvent or unable to pay your debts, or vacate or abandon the Home;. 5. Foreclosure proceedings are filed involving the Home; 6. You (1) fail to provide us with the information, approvals or access to the Home we need in order to do the Work or (b) fail to make a payment when due, and, in either case, you fail to correct the problem in ten (10) days. In addition, to any other remedies described herein, upon the occurrence of any event described in the foregoing sentence, and prior to expiration of the 10 day cure period, Sunrun may stop Work. Sunrun will give you written notice of our reasons for stopping Workwork. 7. If you fail to perform any other material obligation that you have undertaken in this Agreement, including doing something you have agreed not to do, and such failure continues beyond a period of fourteen one hundred twenty (14120) days after you receive notice of such failure. (ii) If any events described in Section G(10)(a)(iG(11)(a)(i) occur, Sunrun may, upon notice to you, exercise one or more of the following remedies, in its sole discretion: 1. Sunrun may terminate the Agreement; 2. Sunrun may, subject to any cure rights provided herein or under applicable law, have the right to disconnect the Solar System and/or enter the Home and remove the Solar System. We will provide at least ten (10) days’ advanced written notice of our intent to disconnect the Solar System; 3. Sunrun may require you to pay Sunrun a termination payment equal to the Prepayment of all future Monthly Payments during the Initial Term ("Make Whole"); 4. If, as a result of your default, Sunrun removes the Solar System, then in addition to the Make Whole payment, you will be obligated to pay Sunrun an amount equal to the value of any federal, state and local Incentives that Sunrun must return as a result of such removal; 5. Sunrun may exercise any other remedies available to Sunrun at law or in equity.

DEFAULT BY CUSTOMER; SUNRUN’S REMEDIES. (i) You will be in default under the Agreement if: 1. You terminate this Agreement under Section G(5)(a)(iii); 2. You provide any false or misleading financial or other information to obtain this Agreement; 3. You assign, transfer, or encumber this Agreement or any part of the Solar System without Sunrun’s prior written consent; 4. You make a general assignment for the benefit of creditors, file a petition in bankruptcy, appoint a trustee or receiver, or have all or substantially all of your assets subject to attachment, execution or other judicial seizure, or you become insolvent or unable to pay your debts, or vacate or abandon the Home;. 5. Foreclosure proceedings are filed involving the Home; 6. You fail to (1) fail to provide us with the information, approvals or reasonable access to the Home we need in order to do the Work Work, or (b) you fail to (2) make a payment when due, and, in either case, you fail to correct the problem in ten (10) daysdays of notice being provided to you. In addition, to any other remedies described herein, upon the occurrence of any event described in the foregoing sentence, and prior to expiration of the 10 day cure period, Sunrun may stop Work. Sunrun will give you written notice of our reasons for stopping Work. 7. If you fail to perform any other material obligation that you have undertaken in this Agreement, including doing something you have agreed not to do, and such failure continues beyond a period of fourteen (14) days after you receive notice of such failure. (ii) If any events described in Section G(10)(a)(i) occur, Sunrun may, upon notice to you, exercise one or more of the following remedies, in its sole discretion: 1. Sunrun may terminate the Agreement; 2. Sunrun may, subject to any cure rights provided herein or under applicable law, have the right to disconnect the Solar System and/or enter the Home and remove the Solar System. We will provide at least ten (10) days’ advanced written notice of our intent to disconnect the Solar System; 3. Sunrun may require you to pay Sunrun a termination payment equal to the Prepayment of all future Monthly Lease Payments during the Initial Term ("Make Whole"); 4. If, as a result of your default, Sunrun removes the Solar System, then in addition to the Make Whole payment, you will be obligated to pay Sunrun an amount equal to the value of any federal, state and local Incentives that Sunrun must return as a result of such removal; 5. Sunrun may exercise any other remedies available to Sunrun at law or in equity.