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Promise to Pay: Customer promises to pay SCE the Amount Financed in equal monthly installments <br />as set forth in the section above (Customer's "Loan Obligation"). The first Monthly Payment of <br />Customer's Loan Obligation will appear within sixty (60) days from the Effective Date on Customer's <br />SCE utility bill for the Service Account listed above. <br />Manner of Payment: Customer's Monthly Payment amount will appear as a line item labeled "EE <br />OBF Installment Charge" on the monthly SCE utility bill for Customer's Service Account. Customer <br />may pay the Loan Obligation in the monthly installments or pre-pay the Loan Obligation in one <br />lump sum without penalty, but pre-payments for less than the remaining balance will not be <br />allowed. Customer's Loan Obligation will appear on Customer's monthly SCE utility bill for the number <br />of months set forth above, or until the Loan Obligation is paid in full by Customer, whichever occurs <br />first. Customer shall make payments to SCE as directed in the SCE utility bill. <br />Partial Payments: If Customer is unable to make a full payment of the Loan Obligation in any given <br />month, payment arrangements may be made at SCE's sole discretion. Any partial payments will be <br />applied in equal proportion to the energy charges and the Loan Obligation, and the Customer will be <br />considered to be delinquent and in default of both the energy bill and the Loan Obligation. <br />Late Payments: No late payment charges or interest will be assessed for delinquent payments on the <br />Loan Obligation. However, SCE may assess late payment charges for delinquent payments of energy <br />charges pursuant to SCE's Rule 9 which is incorporated herein by reference. <br />Returned Payments: SCE may require payment of a $10.00 Returned Check Charge for any check <br />returned from Customer's financial institution unpaid. The Returned Check Charge will also apply to <br />any forms of payment that are subsequently dishonored. <br />Discontinuance of Service: Amounts due under this OBF Agreement will be amounts deemed due <br />under each SCE utility bill to the Customer's Service Account, and a default under this OBF <br />Agreement will be treated as a default under the Customer's Service Account. Customer's Loan <br />Obligation is subject to the discontinuance provisions of SCE's Rule 11, Discontinuance and <br />Restoration of Service, Section B, Nonpayment of Bills or Summary Bills which is incorporated herein <br />by reference. <br />Breach and Acceleration: Any breach by Customer under the EMS Agreement or this OBF <br />Agreement shall constitute a breach under all of the above referenced agreements. For purposes <br />herein, SCE may determine the OBF Agreement to be breached and Customer to be in default if <br />Customer: (1) sells, assigns or otherwise transfers ownership, possession or title of the Site or the <br />Equipment, (2) fails to pay the Monthly Payment amount when due, (3) closes, discontinues or <br />otherwise causes the termination of the Service Account, or (4) otherwise breaches this OBF <br />Agreement and/or the EMS Agreement, and the breach is not cured as specified therein. <br />Notwithstanding anything to the contrary in the EMS Agreement, a breach and default as set forth in <br />this section shall not be subject to any additional cure period. Following a breach as set forth in this <br />section, SCE shall have the right to declare the entire unpaid balance of the Loan Obligation <br />immediately due and payable. <br />Purchase Money Security Interest: Customer hereby agrees that SCE may, but is not obligated to, <br />file a UCC-1 ("Financing Statement") against the Equipment to secure Customer's obligation to repay <br />the Amount Financed. Customer agrees to execute any and all documents in connection with the <br />Financing Statement in order for SCE to perfect its security interest in the Equipment. Customer <br />agrees that SCE is not waiving any of its rights of recovery as against the Customer should SCE elect <br />to file a Financing Statement. <br />Southern California Edison <br />Form# 14-791 6/2010 <br />25F-23