Common use of Remedies in Case of Default Clause in Contracts

Remedies in Case of Default. If this Lease is in default, we may take any one or more of the following actions. If the law requires us to do so, we will give you notice and wait any period of time required before taking any of these actions. We may: (a) terminate this Lease and your rights to possess and use the System; (b) suspend our performance under this Lease; (c) take any reasonable action to correct your default or to prevent our loss; any amount we pay will be added to the amount you owe us and will be immediately due; (d) require you, at your expense, to return the System or make it available to us in a reasonable manner; (e) proceed, by appropriate court action, to enforce performance of this Lease and to recover damages for your breach; (f) disconnect, turn off or take back the System by legal process or self-help, but we may not disturb the peace or violate the law; (g) report such non-operational status of the System to your utility, informing them that you are no longer net metering; (h) charge you a reasonable reconnection fee for reconnecting the System to your utility or turning your System back on after we disconnect or turn off the System due to your default; (i) recover from you (i) all accrued but unpaid Monthly Payments, taxes, late charges, penalties, interest and all or any other sums then accrued or due and owing, plus (ii) the unpaid balance of the aggregate rent, each payment discounted to present value at 5% per annum, plus (iii) reasonable compensation, on a net after tax basis assuming a tax rate of 35%, for the loss or recapture of (A) the investment tax credit equal to thirty percent (30%) of the System cost, including installation; and (B) accelerated depreciation over five (5) years equal to eighty five percent (85%) of the System cost, including installation, and for the loss of any anticipated benefits pursuant to Section 9 of this Lease (SolarCity shall furnish you with a detailed calculation of such compensation if such a claim is made); or (j) use any other remedy available to us in this Lease or by law. You agree to repay us for any reasonable amounts we pay to correct or cover your default. You also agree to reimburse us for any costs and expenses we incur relating to the System’s return resulting from early termination. By choosing any one or more of these remedies, SolarCity does not give up its right to use another remedy. By deciding not to use any remedy should this Lease be in default, SolarCity does not give up our right to use that remedy in case of a subsequent default. We may submit to credit reporting agencies (credit bureaus) negative credit reports that would be reflected on your credit record if you do not pay any amounts due under this Lease as required.

Appears in 5 contracts

Samples: Solar Lease Agreement, Solarlease Agreement, Solarlease Agreement

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Remedies in Case of Default. If this Lease Power Purchase Agreement is in default, we may take any one or more of the following actions. If the law requires us to do so, we will give you notice and wait any period of time required before taking any of these actions. We may: (a) terminate this Lease and your rights to possess and use the SystemPPA; (b) suspend our performance under this Lease; (c) take any reasonable action to correct your default or to prevent our loss; any amount we pay will be added to the amount you owe us and will be immediately due; (dc) require you, at your expense, to return the System or make it available to us in a reasonable manner; (ed) proceed, by appropriate court action, to enforce performance of this Lease PPA and to recover damages for your breach; (fe) disconnect, turn off or take back the System by legal process or self-help, but we may not disturb the peace or violate the law; (gf) report such non-operational status of the System to your utility, informing them that you are no longer net metering; (hg) charge you a reasonable reconnection fee for reconnecting the System to your utility or turning your System back on after we disconnect or turn off the System due to your default; (ih) recover from you (i) a payment equal to the purchase price as set forth in this agreement plus (ii) all accrued but unpaid Monthly Payments, taxes, late charges, penalties, interest and all or any other sums then accrued or due and owing, plus (ii) the unpaid balance of the aggregate rent, each payment discounted to present value at 5% per annum, plus (iii) reasonable compensation, on a net after tax basis assuming a tax rate of 35%, for the loss or recapture of (A) the investment tax credit equal to thirty percent (30%) of the System cost, including installation; and (B) accelerated depreciation over five (5) years equal to eighty five percent (85%) of the System cost, including installation, and for the loss of any anticipated benefits pursuant to Section 9 of this Lease (SolarCity shall furnish you with a detailed calculation of such compensation if such a claim is made); or (ji) use any other remedy available to us in this Lease PPA or by law. We may submit to credit reporting agencies (credit bureaus) negative credit reports that would be reflected on your credit record if you do not pay any amounts due under this PPA as required. You agree to repay us for any reasonable amounts we pay to correct or cover your default. You also agree to reimburse us for any costs and expenses we incur relating to the System’s return resulting from early termination. By choosing any one or more of these remedies, SolarCity does not give up its right to use another remedy. By deciding not to use any remedy should this Lease Power Purchase Agreement be in default, SolarCity does not give up our right to use that remedy in case of a subsequent default. We may submit to credit reporting agencies (credit bureaus) negative credit reports that would be reflected on your credit record if you do not pay any amounts due under this Lease as required.

Appears in 3 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement, Ppa Transfer Agreement

Remedies in Case of Default. If this Lease Agreement is in default, we may take any one or more of the following actions. If the law requires us to do so, we will give you notice and wait any period of time required before taking any of these actions. We may: : (a) terminate this Lease and your rights to possess and use the System; Agreement; (b) suspend our performance under this Lease; Agreement, including to cease delivering to you the Power produced by the System; (c) take any reasonable action to correct your default or to prevent our loss; any amount we pay will be added to the amount you owe us and will be immediately due; ; (d) require you, at your expense, to return the System or make it available to us in a reasonable manner; ; (e) proceed, by appropriate court action, to enforce performance of this Lease Agreement and to recover damages for your breach; ; (f) disconnect, turn off or take back the System by legal process or self-help, but we may not disturb the peace or violate the law; ; (g) report such non-operational status of the System to your utility, informing them that you are no longer net metering; ; (h) charge you a reasonable reconnection fee for reconnecting the System to your utility or turning your System back on after we disconnect or turn off the System due to your default; ; (i) recover from you (i) all accrued but unpaid Monthly Payments, taxes, late charges, penalties, interest and all or any other sums then accrued or due and owing, plus (ii) the unpaid balance of the aggregate rent, each payment discounted to present value at 5% per annum, plus (iii) reasonable compensation, on a net after tax basis assuming a tax rate of 35%, for the loss or recapture of (A) the investment tax credit equal to thirty percent (30%) of the System cost, including installation; and (B) accelerated depreciation over five (5) years equal to eighty five percent (85%) of the System cost, including installation, and for the loss of any anticipated benefits pursuant to purchase price set forth in Section 9 10 of this Lease (SolarCity shall furnish you with a detailed calculation of such compensation if such a claim is made)Agreement; or (j) use any other remedy available to us in this Lease Agreement or by law. You agree ; (k) sell the electricity generated by the Solar System to repay us for any reasonable amounts we pay to correct or cover your default. You also agree to reimburse us for any costs and expenses we incur relating to the System’s return resulting from early termination. By choosing any one or more of these remedies, SolarCity does not give up its right to use another remedy. By deciding not to use any remedy should this Lease be in default, SolarCity does not give up our right to use that remedy in case of a subsequent default. We may submit to credit reporting agencies (credit bureaus) negative credit reports that would be reflected on your credit record if you do not pay any amounts due under this Lease as required.third party; or

Appears in 2 contracts

Samples: Solar Power Agreement, Solar Power Agreement

Remedies in Case of Default. If this Lease Power Purchase Agreement is in default, we may take any one or more of the following actions. If the law requires us to do so, we will give you notice and wait any period of time required before taking any of these actions. We may: (a) terminate this Lease and your rights to possess and use the SystemPPA; (b) suspend our performance under this Lease; (c) take any reasonable action to correct your default or to prevent our loss; any amount we pay will be added to the amount you owe us and will be immediately due; (dc) require you, at your expense, to return the System or make it available to us in a reasonable manner; (ed) proceed, by appropriate court action, to enforce performance of this Lease PPA and to recover damages for your breach; (fe) disconnect, turn off or take back the System by legal process or self-help, but we may not disturb the peace or violate the law; (gf) report such non-operational status of the System to your utility, informing them that you are no longer net metering; (hg) charge you a reasonable reconnection fee for reconnecting the System to your utility or turning your the System back on after we disconnect or turn off the System due to your default; (ih) recover from you (i) all accrued but unpaid Monthly Payments, taxes, late charges, penalties, interest and all or any other sums then accrued or due and owing, plus (ii) the unpaid balance estimated amount of the aggregate rentfuture Monthly Payment, each payment discounted to present value at 5% per annum, plus (iii) reasonable compensation, on a net after tax basis assuming a tax rate of 35%, for the loss or recapture of (A) the investment tax credit equal to thirty percent (30%) of the System cost, including installation; and (B) accelerated depreciation over five (5) years equal to eighty five percent (85%) of the System cost, including installation, and for the loss of any anticipated benefits pursuant to Section 9 8 of this Lease PPA (SolarCity Sunnova shall furnish you with a detailed calculation of such compensation if such a claim is made); or (ji) use any other remedy available to us in this Lease PPA or by law. We may submit to credit reporting agencies (credit bureaus) negative credit reports that would be reflected on your credit record if you do not pay any amounts due under this PPA as required. You agree to repay us for any reasonable amounts we pay incur to correct or cover your defaultdefault and to enforce our rights under this PPA including, but not limited to, attorney’s fees and court costs. You also agree to reimburse us for any costs and expenses we incur relating to the System’s return resulting from early termination. By choosing any one or more of these remedies, SolarCity Xxxxxxx does not give up its right to use another remedy. By deciding not to use any remedy should this Lease Power Purchase Agreement be in default, SolarCity Sunnova does not give up our right to use that remedy in case of a subsequent default. We may submit to credit reporting agencies (credit bureaus) negative credit reports that would be reflected on your credit record if you do not pay any amounts due under this Lease as required.

Appears in 2 contracts

Samples: Solar Services Agreement, Solar Services Agreement

Remedies in Case of Default. If this Lease is in default, we may take any one or more of the following actions. If the law requires us to do so, we will give you notice and wait any period of time required before taking any of these actions. We may: (a) terminate this Lease and your rights to possess and use the System; (b) suspend our performance under this Lease; (c) take any reasonable action to correct your default or to prevent our loss; any amount we pay will be added to the amount you owe us and will be immediately due; (d) require you, at your expense, to return the System or make it available to us in a reasonable manner; (e) proceed, by appropriate court action, to enforce performance of this Lease and to recover damages for your breach; (f) disconnect, turn off or take back the System by legal process or self-help, but we may not disturb the peace or violate the law; (g) report such non-operational status of off the System to your utility, informing them that you are no longer net metering; (h) charge you a reasonable reconnection fee for reconnecting the System to your utility or turning your System back on after we disconnect or turn off the System due to your default; (i) recover from you (i) all accrued but unpaid Monthly Payments, taxes, late charges, penalties, interest and all or any other sums then accrued or due and owing, plus (ii) the unpaid balance of the aggregate rent, each payment discounted to present value at 5% per annum, plus (iii) reasonable compensation, on a net after tax basis assuming a tax rate of 35%, for the loss or recapture of (A) the investment tax credit equal to thirty percent (30%) of the System cost, including installation; and (B) accelerated depreciation over five (5) years equal to eighty five percent (85%) of the System cost, including installation, and for the loss of any anticipated benefits pursuant to Section 9 of this Lease (SolarCity shall furnish you with a detailed calculation of such compensation if such a claim is made); or (j) use any other remedy available to us in this Lease or by law. You agree to repay us for any reasonable amounts we pay to correct or cover your default. You also agree to reimburse us for any costs and expenses we incur relating to the System’s return resulting from early termination. By choosing any one or more of these remedies, SolarCity does not give up its right to use another remedy. By deciding not to use any remedy should this Lease be in default, SolarCity does not give up our right to use that remedy in case of a subsequent default. We may submit to credit reporting agencies (credit bureaus) negative credit reports that would be reflected on your credit record if you do not pay any amounts due under this Lease as required.five

Appears in 2 contracts

Samples: Solar Lease Agreement, Solar Lease Agreement

Remedies in Case of Default. If this Lease Power Purchase Agreement is in default, we may take any one or more of the following actions. If the law requires us to do so, we will give you notice and wait any period of time required before taking any of these actions. We may: (a) terminate this Lease and your rights to possess and use the SystemPPA; (b) suspend our performance under this Lease; (c) take any reasonable action to correct your default or to prevent our loss; any amount we pay will be added to the amount you owe us and will be immediately due; (dc) require you, at your expense, to return the System or make it available to us in a reasonable manner; (ed) proceed, by appropriate court action, to enforce performance of this Lease PPA and to recover damages for your breach; (fe) disconnect, turn off or take back the System by legal process or self-help[[, but we may not disturb the peace or violate the law;]] (gf) report such non-operational status of the System to your utility, informing them that you are no longer net metering; (hg) charge you a reasonable reconnection fee for reconnecting the System to your utility or turning your System back on after we disconnect or turn off the System due to your default; (ih) recover from you (i) a payment equal to the purchase price as set forth in this agreement plus (ii) all accrued but unpaid Monthly Payments, taxes, late charges, penalties, interest and all or any other sums then accrued or due and owing, plus (ii) the unpaid balance of the aggregate rent, each payment discounted to present value at 5% per annum, plus ; [and (iii) reasonable compensation, seek a pre or post judgment lien or similar security interest on a net after tax basis assuming a tax rate of 35%, for the loss or recapture of (A) the investment tax credit equal to thirty percent (30%) of the System cost, including installation; and (B) accelerated depreciation over five (5) years equal to eighty five percent (85%) of the System cost, including installation, and for the loss of any anticipated benefits pursuant to Section 9 of this Lease (SolarCity shall furnish you with a detailed calculation of such compensation if such a claim is made); against your home;] or (ji) use any other remedy available to us in this Lease PPA or by law. We may submit to credit reporting agencies (credit bureaus) negative credit reports that would be reflected on your credit record if you do not pay any amounts due under this PPA as required. You agree to repay us for any reasonable amounts we pay to correct or cover your default. You also agree to reimburse us for any costs and expenses we incur relating to the System’s return resulting from early termination. By choosing any one or more of these remedies, SolarCity [Provider] does not give up its right to use another remedy. By deciding not to use any remedy should this Lease Power Purchase Agreement be in default, SolarCity [Provider] does not give up our right to use that remedy in case of a subsequent default. We may submit to credit reporting agencies (credit bureaus) negative credit reports that would be reflected on your credit record if you do not pay any amounts due under this Lease as required.

Appears in 2 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement

Remedies in Case of Default. If this Lease Power Purchase Agreement is in default, we may take any one or more of the following actions. If the law requires us to do so, we will give you notice and wait any period of time required before taking any of these actions. We may: (a) terminate this Lease and your rights to possess and use the SystemPPA; (b) suspend our performance under this Lease; (c) take any reasonable action to correct your default or to prevent our loss; any amount we pay will be added to the amount you owe us and will be immediately due; (dc) require you, at your expense, to return the System or make it available to us in a reasonable manner; (ed) proceed, by appropriate court action, to enforce performance of this Lease PPA and to recover damages for your breach; (fe) disconnect, turn off or take back the System by legal process or self-help, but we may not disturb the peace or violate the law; (gf) report such non-operational status of the System to your utility, informing them that you are no longer net metering; (hg) charge you a reasonable reconnection fee for reconnecting the System to your utility or turning your System back on after we disconnect or turn off the System due to your default; (ih) recover from you (i) a payment equal to the purchase price as set forth in this agreement plus (ii) all accrued but unpaid Monthly Payments, taxes, late charges, penalties, interest and all or any other sums then accrued or due and owing, plus (ii) the unpaid balance of the aggregate rent, each payment discounted to present value at 5% per annum, plus (iii) reasonable compensation, on a net after tax basis assuming a tax rate of 35%, for the loss or recapture of (A) the investment tax credit equal to thirty percent (30%) of the System cost, including installation; and (B) accelerated depreciation over five (5) years equal to eighty five percent (85%) of the System cost, including installation, and for the loss of any anticipated benefits pursuant to Section 9 of this Lease (SolarCity shall furnish you with a detailed calculation of such compensation if such a claim is made); or (ji) use any other remedy available to us in this Lease PPA or by law. We may submit to credit reporting agencies (credit bureaus) negative credit reports that would be reflected on your credit record if you do not pay any amounts due under this PPA as required. er You agree to repay us for any reasonable amounts we pay to correct or cover your default. You also agree to reimburse us for any costs and expenses we incur relating to the System’s return resulting from early termination. By choosing any one or more of these remedies, SolarCity does not give up its right to use another remedy. By deciding not to use any remedy should this Lease Pow Purchase Agreement be in default, SolarCity does not give up our right to use that remedy in case of a subsequent default. We may submit to credit reporting agencies (credit bureaus) negative credit reports that would be reflected on your credit record if you do not pay any amounts due under this Lease as required.

Appears in 2 contracts

Samples: Power Purchase Agreement, Ppa Transfer Agreement

Remedies in Case of Default. If this Lease Power Purchase Agreement is in default, we may take any one or more of the following actions. If the law requires us to do so, we will give you notice and wait any period of time required before taking any of these actions. We may: (a) terminate this Lease and your rights to possess and use the SystemPPA; (b) suspend our performance under this Lease; (c) take any reasonable action to correct your default or to prevent our loss; any amount we pay will be added to the amount you owe us and will be immediately due; (dc) require you, at your expense, to return the System or make it available to us in a reasonable manner; (ed) proceed, by appropriate court action, to enforce performance of this Lease PPA and to recover damages for your breach; (fe) disconnect, turn off or take back the System by legal process or self-help, but we may not disturb the peace or violate the law; (gf) report such non-operational status of the System to your utility, informing them that you are no longer net metering; (hg) charge you a reasonable reconnection fee for reconnecting the System to your utility or turning your System back on after we disconnect or turn off the System due to your default; (ih) recover from you (i) a payment equal to the purchase price as set forth in this agreement plus (ii) all accrued but unpaid Monthly Payments, taxes, late charges, penalties, interest and all or any other sums then accrued or due and owing, plus (ii) the unpaid balance of the aggregate rent, each payment discounted to present value at 5% per annum, plus (iii) reasonable compensation, on a net after tax basis assuming a tax rate of 35%, for the loss or recapture of (A) the investment tax credit equal to thirty percent (30%) of the System cost, including installation; and (B) accelerated depreciation over five (5) years equal to eighty five percent (85%) of the System cost, including installation, and for the loss of any anticipated benefits pursuant to Section 9 of this Lease (SolarCity shall furnish you with a detailed calculation of such compensation if such a claim is made); or (ji) use any other remedy available to us in this Lease PPA or by law. We may submit to credit reporting agencies (credit bureaus) negative credit reports that would be reflected on your credit record if you do not pay any amounts due under this PPA as required. er You agree to repay us for any reasonable amounts we pay to correct or cover your default. You also agree to reimburse us for any costs and expenses we incur relating to the System’s return resulting from early termination. By choosing any one or more of these remedies, SolarCity does not give up its right to use another remedy. By deciding not to use any remedy should this Lease Pow DocuSign Envelope ID: 75FA33CD-2AFC-468A-A9C8-5772A512EE1E Purchase Agreement be in default, SolarCity does not give up our right to use that remedy in case of a subsequent default. We may submit to credit reporting agencies (credit bureaus) negative credit reports that would be reflected on your credit record if you do not pay any amounts due under this Lease as required.

Appears in 1 contract

Samples: Ppa Transfer Agreement

Remedies in Case of Default. If this Lease Power Purchase Agreement is in default, we may take any one or more of the following actions. If the law requires us to do so, we will give you notice and wait any period of time required before taking any of these actions. We may: (a) terminate this Lease and your rights to possess and use the SystemPPA; (b) suspend our performance under this Lease; (c) take any reasonable action to correct your default or to prevent our loss; any amount we pay will be added to the amount you owe us and will be immediately due; (dc) require you, at your expense, to return the System or make it available to us in a reasonable manner; (ed) proceed, by appropriate court action, to enforce performance of this Lease PPA and to recover damages for your breach; (fe) disconnect, turn off or take back the System by legal process or self-help, but we may not disturb the peace or violate the law; (gf) report such non-operational status of the System to your utility, informing them that you are no longer net metering; (hg) charge you a reasonable reconnection fee for reconnecting the System to your utility or turning your System back on after we disconnect or turn off the System due to your default; (ih) recover from you (i) a payment equal to the purchase price as set forth in this agreement plus (ii) all accrued but unpaid Monthly Payments, taxes, late charges, penalties, interest and all or any other sums then accrued or due and owing, plus (ii) the unpaid balance of the aggregate rent, each payment discounted to present value at 5% per annum, plus (iii) reasonable compensation, on a net after tax basis assuming a tax rate of 35%, for the loss or recapture of (A) the investment tax credit equal to thirty percent (30%) of the System cost, including installation; and (B) accelerated depreciation over five (5) years equal to eighty five percent (85%) of the System cost, including installation, and for the loss of any anticipated benefits pursuant to Section 9 of this Lease (SolarCity shall furnish you with a detailed calculation of such compensation if such a claim is made); or (ji) use any other remedy available to us in this Lease PPA or by law. DocuSign Envelope ID: 9F8970B2-4E87-46ED-910D-00D3FC1C2A8A We may submit to credit reporting agencies (credit bureaus) negative credit reports that would be reflected on your credit record if you do not pay any amounts due under this PPA as required. You agree to repay us for any reasonable amounts we pay to correct or cover your default. You also agree to reimburse us for any costs and expenses we incur relating to the System’s return resulting from early termination. By choosing any one or more of these remedies, SolarCity does not give up its right to use another remedy. By deciding not to use any remedy should this Lease Power Purchase Agreement be in default, SolarCity does not give up our right to use that remedy in case of a subsequent default. We may submit to credit reporting agencies (credit bureaus) negative credit reports that would be reflected on your credit record if you do not pay any amounts due under this Lease as required.

Appears in 1 contract

Samples: Ppa Transfer Agreement

Remedies in Case of Default. If this Lease Power Purchase Agreement is in default, we may take any one or more of the following actions. If the law requires us to do so, we will give you notice and wait any period of time required before taking any of these actions. We may: (a) terminate this Lease and your rights to possess and use the SystemPPA; (b) suspend our performance under this Lease; (c) take any reasonable action to correct your default or to prevent our loss; any amount we pay will be added to the amount you owe us and will be immediately due; (dc) require you, at your expense, to return the System or make it available to us in a reasonable manner; (ed) proceed, by appropriate court action, to enforce performance of this Lease PPA and to recover damages for your breach; (fe) disconnect, turn off or take back the System by legal process or self-help, but we may not disturb the peace or violate the law; (gf) report such non-operational status of the System to your utility, informing them that you are no longer net metering; (hg) charge you a reasonable reconnection fee for reconnecting the System to your utility or turning your System back on after we disconnect or turn off the System due to your default; (ih) recover from you (i) a payment equal to the purchase price as set forth in this agreement plus (ii) all accrued but unpaid Monthly Payments, taxes, late charges, penalties, interest and all or any other sums then accrued or due and owing, plus (ii) the unpaid balance of the aggregate rent, each payment discounted to present value at 5% per annum, plus (iii) reasonable compensation, on a net after tax basis assuming a tax rate of 35%, for the loss or recapture of (A) the investment tax credit equal to thirty percent (30%) of the System cost, including installation; and (B) accelerated depreciation over five (5) years equal to eighty five percent (85%) of the System cost, including installation, and for the loss of any anticipated benefits pursuant to Section 9 of this Lease (SolarCity shall furnish you with a detailed calculation of such compensation if such a claim is made); or (ji) use any other remedy available to us in this Lease PPA or by law. We may submit to credit reporting agencies (credit bureaus) negative credit reports that would be reflected on your credit record if you do not pay any amounts due under this PPA as required. You agree to repay us for any reasonable amounts we pay to correct or cover your default. You also agree to reimburse us for any costs and expenses we incur relating to the System’s return resulting from early termination. By choosing any one or more of these remedies, SolarCity Suncrest Solar does not give up its right to use another remedy. By deciding not to use any remedy should this Lease Power Purchase Agreement be in default, SolarCity Suncrest Solar does not give up our right to use that remedy in case of a subsequent default. We may submit to credit reporting agencies (credit bureaus) negative credit reports that would be reflected on your credit record if you do not pay any amounts due under this Lease as required.

Appears in 1 contract

Samples: Solar Service Agreement

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Remedies in Case of Default. If this Lease Power Purchase Agreement is in default, we may take any one or more of the following actions. If the law requires us to do so, we will give you notice and wait any period of time required before taking any of these actions. We may: (a) terminate this Lease and your rights to possess and use the SystemPPA; (b) suspend our performance under this Lease; (c) take any reasonable action to correct your default or to prevent our loss; any amount we pay will be added to the amount you owe us and will be immediately due; (dc) require you, at your expense, to return the System or make it available to us in a reasonable manner; (ed) proceed, by appropriate court action, to enforce performance of this Lease PPA and to recover damages for your breach; (fe) disconnect, turn off or take back the System by legal process or self-help[[, but we may not disturb the peace or violate the law;]] (gf) report such non-operational status of the System to your utility, informing them that you are no longer net metering; (hg) charge you a reasonable reconnection fee for reconnecting the System to your utility or turning your System back on after we disconnect or turn off the System due to your default; (ih) recover from you (i) a payment equal to the purchase price as set forth in this agreement plus (ii) all accrued but unpaid Monthly Payments, taxes, late charges, penalties, interest and all or any other sums then accrued or due and owing, plus (ii) the unpaid balance of the aggregate rent, each payment discounted to present value at 5% per annum, plus ; [and (iii) reasonable compensation, seek a pre or post judgment lien or similar security interest on a net after tax basis assuming a tax rate of 35%, for the loss or recapture of (A) the investment tax credit equal to thirty percent (30%) of the System cost, including installation; and (B) accelerated depreciation over five (5) years equal to eighty five percent (85%) of the System cost, including installation, and for the loss of any anticipated benefits pursuant to Section 9 of this Lease (SolarCity shall furnish you with a detailed calculation of such compensation if such a claim is made); against your home;] or (ji) use any other remedy available to us in this Lease PPA or by law. We may submit to credit reporting agencies (credit bureaus) negative credit reports that would be reflected on your credit record if you do not pay any amounts due under this PPA as required. You agree to repay us for any reasonable amounts we pay to correct or cover your default. You also agree to reimburse us for any costs and expenses we incur relating to the System’s return resulting from early termination. By choosing any one or more of these remedies, SolarCity [Provider] does not give up its right to use another remedy. By deciding not to use any remedy should this Lease Power Purchase Agreement be in default, SolarCity [Provider] does not give up our right to use that remedy in case of a subsequent default. We may submit to credit reporting agencies (credit bureaus) negative credit reports that would be reflected on your credit record if you do not pay any amounts due under this Lease as required.

Appears in 1 contract

Samples: Power Purchase Agreement

Remedies in Case of Default. If this Lease is in default, we may take any one or more of the following actions. If the law requires us to do so, we will give you notice and wait any period of time required before taking any of these actions. We may: (a) terminate this Lease and your rights to possess and use the System; (b) suspend our performance under this Lease; (c) take any reasonable action to correct your default or to prevent our loss; any amount we pay will be added to the amount you owe us and will be immediately due; (d) require you, at your expense, to return the System or make it available to us in a reasonable manner; (e) proceed, by appropriate court action, to enforce performance of this Lease and to recover damages for your breach; (f) disconnect, turn off or take back the System by legal process or self-help, but we may not disturb the peace or violate the law; (g) report such non-operational status of the System to your utility, informing them that you are no longer net metering;; DocuSign Envelope ID: 4DA869EF-3722-4896-B799-CB24B7538008 (h) charge you a reasonable reconnection fee for reconnecting the System to your utility or turning your System back on after we disconnect or turn off the System due to your default; (i) recover from you (i) all accrued but unpaid Monthly Payments, taxes, late charges, penalties, interest and all or any other sums then accrued or due and owing, plus (ii) the unpaid balance of the aggregate rent, each payment discounted to present value at 5% per annum, plus (iii) reasonable compensation, on a net after tax basis assuming a tax rate of 35%, for the loss or recapture of (A) the investment tax credit equal to thirty percent (30%) of the System cost, including installation; and (B) accelerated depreciation over five (5) years equal to eighty five percent (85%) of the System cost, including installation, and for the loss of any anticipated benefits pursuant to Section 9 of this Lease (SolarCity shall furnish you with a detailed calculation of such compensation if such a claim is made); or (j) use any other remedy available to us in this Lease or by law. You agree to repay us for any reasonable amounts we pay to correct or cover your default. You also agree to reimburse us for any costs and expenses we incur relating to the System’s return resulting from early termination. By choosing any one or more of these remedies, SolarCity does not give up its right to use another remedy. By deciding not to use any remedy should this Lease be in default, SolarCity does not give up our right to use that remedy in case of a subsequent default. We may submit to credit reporting agencies (credit bureaus) negative credit reports that would be reflected on your credit record if you do not pay any amounts due under this Lease as required.

Appears in 1 contract

Samples: Lease Transfer Agreement

Remedies in Case of Default. If this Lease is in default, we may take any one or more of the following actions. If the law requires us to do so, we will give you notice and wait any period of time required before taking any of these actions. We may: (a) terminate this Lease and your rights to possess and use the SystemLEASE; (b) suspend our performance under this Lease; (c) take any reasonable action to correct your default or to prevent our loss; any amount we pay will be added to the amount you owe us and will be immediately due; (dc) require you, at your expense, to return the System or make it available to us in a reasonable manner; (ed) proceed, by appropriate court action, to enforce performance of this Lease LEASE and to recover damages for your breach; (fe) disconnect, turn off or take back the System by legal process or self-help, but we may not disturb the peace or violate the law; (gf) report such non-operational status of the System to your utility, informing them that you are no longer net metering; (hg) charge you a reasonable reconnection fee for reconnecting the System to your utility or turning your System back on after we disconnect or turn off the System due to your default; (ih) recover from you (i) a payment equal to the purchase price as set forth in this agreement plus (ii) all accrued but unpaid Monthly Payments, taxes, late charges, penalties, interest and all or any other sums then accrued or due and owing, plus (ii) the unpaid balance of the aggregate rent, each payment discounted to present value at 5% per annum, plus (iii) reasonable compensation, on a net after tax basis assuming a tax rate of 35%, for the loss or recapture of (A) the investment tax credit equal to thirty percent (30%) of the System cost, including installation; and (B) accelerated depreciation over five (5) years equal to eighty five percent (85%) of the System cost, including installation, and for the loss of any anticipated benefits pursuant to Section 9 of this Lease (SolarCity shall furnish you with a detailed calculation of such compensation if such a claim is made); or (ji) use any other remedy available to us in this Lease LEASE or by law. We may submit to credit reporting agencies (credit bureaus) negative credit reports that would be reflected on your credit record if you do not pay any amounts due under this LEASE as required. You agree to repay us for any reasonable amounts we pay to correct or cover your default. You also agree to reimburse us for any costs and expenses we incur relating to the System’s return resulting from early termination. By choosing any one or more of these remedies, SolarCity IL-Solar does not give up its right to use another remedy. By deciding not to use any remedy should this Lease be in default, SolarCity IL- Solar does not give up our right to use that remedy in case of a subsequent default. We may submit to credit reporting agencies (credit bureaus) negative credit reports that would be reflected on your credit record if you do not pay any amounts due under this Lease as required.

Appears in 1 contract

Samples: Lease Agreement

Remedies in Case of Default. If this Lease is in default, we may take any one or more of the following actions. If the law requires us to do so, we will give you notice and wait any period of time required before taking any of these actions. We may: (a) terminate this Lease and your rights to possess and use the System; (b) suspend our performance under this Lease; (c) take any reasonable action to correct your default or to prevent our loss; any amount we pay will be added to the amount you owe us and will be immediately due; (d) require you, at your expense, to return the System or make it available to us in a reasonable manner; (e) proceed, by appropriate court action, to enforce performance of this Lease and to recover damages for your breach; (f) disconnect, turn off or take back the System by legal process or self-help, but we may not disturb the peace or violate the law; (g) report such non-operational status of the System to your utility, informing them that you are no longer net metering; (h) charge you a reasonable reconnection fee for reconnecting the System to your utility or turning your System back on after we disconnect or turn off the System due to your default; (i) recover from you (i) all accrued but unpaid Monthly Payments, taxes, late charges, penalties, interest and all or any other sums then accrued or due and owing, plus (ii) the unpaid balance of the aggregate rent, each payment discounted to present value at 5% per annum, plus (iii) reasonable compensation, on a net after tax basis assuming a tax rate of 35%, for the loss or recapture of (A) the investment tax credit equal to thirty percent (30%) of the System cost, including installation; and (B) accelerated depreciation over five (5) years equal to eighty five percent (85%) of the System cost, including installation, and for the loss of any anticipated benefits pursuant to Section 9 of this Lease (SolarCity shall furnish you with a detailed calculation of such compensation if such a claim is made); or (j) use any other remedy available to us in this Lease or by law. You agree to repay us for any reasonable amounts we pay to correct or cover your default. You also agree to reimburse us for any costs and expenses we incur relating to the System’s return resulting from early termination. By choosing any one or more of these remedies, SolarCity does not give up its right to use another remedy. By deciding not to use any remedy should this Lease be in default, SolarCity does not give up our right to use that remedy in case of a subsequent default. DocuSign Envelope ID: FF441F9F-A9CA-475A-8C9E-25FDD366EF03 We may submit to credit reporting agencies (credit bureaus) negative credit reports that would be reflected on your credit record if you do not pay any amounts due under this Lease as required.

Appears in 1 contract

Samples: Lease Transfer Agreement

Remedies in Case of Default. a. If you are in default under this Lease is in defaultAgreement, we may take any one (or more more) of the following actions. If We will, to the law requires us to do soextent required by this Agreement or applicable law, we will give provide you notice and wait for the expiration of any applicable cure period of time required before taking any of these actions. We may: (a) i. terminate this Lease and your rights to possess and use the System;Agreement. (b) suspend our performance under this Lease; (c) ii. take any reasonable action to correct your default court actions or to prevent our loss; any amount we pay will be added to the amount you owe us and will be immediately due; (d) require you, actions at your expense, to return the System law or make it available to us in a reasonable manner; (e) proceed, by appropriate court action, equity to enforce performance by you of the terms and conditions of this Lease and to Agreement and/or recover damages for your breach;. (f) disconnect, turn off iii. take any action we deem reasonable to correct or take back cover your default. iv. require you to return the System. v. repossess the System by legal process or self-helphelp in any manner permitted by applicable law. vi. terminate your option to purchase the System. vii. require you to pay the "Termination Amount", but we may not disturb in which case and upon payment of this amount by you, you will become the peace or violate the law; (g) report such non-operational status owner of the System on an AS IS, WHERE IS basis and we will have no further rights to your utility, informing them that you are no longer net metering; (h) charge you a reasonable reconnection fee for reconnecting the System or rights or obligations under this Agreement and neither we (nor Sungevity if this Agreement has been assigned) will have any further obligations under the Limited Warranty. The "Termination Amount" is an amount equal to your utility or turning your System back on after we disconnect or turn off the System due to your default; sum of (i) recover from you (iA) all amounts accrued but and unpaid under this Agreement including, without limitation, all accrued and unpaid Monthly Payments, taxespenalties, late charges, penalties, interest taxes and interest; plus (B) the sum of all Monthly Payments which are not yet due discounted to present value at 5% per year; plus (C) an amount which we reasonably believe compensates us (assuming a tax rate of 35%) for the loss or recapture of any of the Tax Benefits (which is defined in Section B of Exhibit 2 of this Agreement) as well as the loss or recapture of any other sums then accrued rebates or due and owing, environmental benefits; plus (iiD) the unpaid balance estimated fair market value of the aggregate rentSystem at the end of the Lease Term as determined by us, each payment discounted to present value at 5% per annum, plus (iii) reasonable compensation, on a net after tax basis assuming a tax rate of 35%, for the loss or recapture of (A) the investment tax credit equal to thirty percent (30%) of the System cost, including installation; and (B) accelerated depreciation over five (5) years equal to eighty five percent (85%) of the System cost, including installation, and for the loss of any anticipated benefits pursuant to Section 9 of this Lease (SolarCity shall furnish you with a detailed calculation of such compensation if such a claim is made); or (j) use any other remedy available to us in this Lease or by law. You agree to repay us for any reasonable amounts we pay to correct or cover your default. You also agree to reimburse us for any costs and expenses we incur relating to the System’s return resulting from early termination. By choosing any one or more of these remedies, SolarCity does not give up its right to use another remedy. By deciding not to use any remedy should this Lease be in default, SolarCity does not give up our right to use that remedy in case of a subsequent default. We may submit to credit reporting agencies (credit bureaus) negative credit reports that would be reflected on your credit record if you do not pay any amounts due under this Lease as required.plus

Appears in 1 contract

Samples: Lease Agreement for Photovoltaic Solar Energy Equipment

Remedies in Case of Default. If this Lease Power Purchase Agreement is in default, we may take any one or more of the following actions. If the law requires us to do so, we will give you notice and wait any period of time required before taking any of these actions. We may: (a) terminate this Lease and your rights to possess and use the SystemPPA; (b) suspend our performance under this Lease; (c) take any reasonable action to correct your default or to prevent our loss; any amount we pay will be added to the amount you owe us and will be immediately due; (dc) require you, at your expense, to return the System or make it available to us in a reasonable manner; (ed) proceed, by appropriate court action, to enforce performance of this Lease PPA and to recover damages for your breach; (fe) disconnect, turn off or take back the System by legal process or self-help, but we may not disturb the peace or violate the law; (gf) report such non-operational status of the System to your utility, informing them that you are no longer net metering; (hg) charge you a reasonable reconnection fee for reconnecting the System to your utility or turning your System back on after we disconnect or turn off the System due to your default; (ih) recover from you (i) a payment equal to the purchase price as set forth in this agreement plus (ii) all accrued but unpaid Monthly Payments, taxes, late charges, penalties, interest and all or any other sums then accrued or due and owing, plus (ii) the unpaid balance of the aggregate rent, each payment discounted to present value at 5% per annum, plus (iii) reasonable compensation, on a net after tax basis assuming a tax rate of 35%, for the loss or recapture of (A) the investment tax credit equal to thirty percent (30%) of the System cost, including installation; and (B) accelerated depreciation over five (5) years equal to eighty five percent (85%) of the System cost, including installation, and for the loss of any anticipated benefits pursuant to Section 9 of this Lease (SolarCity shall furnish you with a detailed calculation of such compensation if such a claim is made); or (ji) use any other remedy available to us in this Lease PPA or by law. We may submit to credit reporting agencies (credit bureaus) negative credit reports that would be reflected on your credit record if you do not pay any amounts due under this PPA as required. er You agree to repay us for any reasonable amounts we pay to correct or cover your default. You also agree to reimburse us for any costs and expenses we incur relating to the System’s return resulting from early termination. By choosing any one or more of these remedies, SolarCity does not give up its right to use another remedy. By deciding not to use any remedy should this Lease Pow DocuSign Envelope ID: F58FCC3E-9F19-4335-A9A8-6A2B857BF297 Purchase Agreement be in default, SolarCity does not give up our right to use that remedy in case of a subsequent default. We may submit to credit reporting agencies (credit bureaus) negative credit reports that would be reflected on your credit record if you do not pay any amounts due under this Lease as required.

Appears in 1 contract

Samples: Ppa Transfer Agreement

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