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<br /> <br /> <br /> <br /> <br /> <br /> <br /> Promise to Pay: Customer promises to pay SCE the Amount Financed in equal monthly <br /> installments as set forth in the section above and/or Schedule A (Customer's "Loan Obligation"). <br /> The first Monthly Payment of Customer's Loan Obligation will appear within sixty (60) days from <br /> the Effective Date on Customer's SCE utility bill(s) for the Service Account(s) listed above. <br /> Manner of Payment: Customer's Monthly Payment amount will appear as a line item labeled <br /> "EE/OBF Installment Charge" on the monthly SCE utility bill(s) for Customer's Service Account(s). <br /> Customer may pay the Loan Obligation in the monthly installments or pre-pay the Loan <br /> Obligation in one lump sum without penalty, but pre-payments for less than the remaining <br /> balance will not be allowed. Customer's Loan Obligation will appear on Customer's monthly <br /> SCE utility bill(s) for the number of months set forth above, or until the Loan Obligation is paid in <br /> full by Customer, whichever occurs first. Customer shall make payments to SCE as directed in the <br /> SCE utility bill(s). <br /> Partial Payments: If Customer is unable to make a full payment of the Loan Obligation in any <br /> given month, payment arrangements may be made at SCE's sole discretion. Any partial <br /> payments will be applied in equal proportion to the energy charges and the Loan Obligation, and <br /> Customer will be considered to be delinquent and in default of both the energy bill and the Loan <br /> Obligation. <br /> Late Payments: No late payment charges or interest will be assessed for delinquent payments on <br /> the Loan Obligation. However, SCE may assess late payment charges for delinquent payments of <br /> energy 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 <br /> check returned from Customer's financial institution unpaid. The Returned Check Charge will also <br /> apply to any forms of payment that are subsequently dishonored. <br /> Discontinuance of Service: Amounts due under this OBF Agreement will be amounts deemed <br /> due under each SCE utility bill to the Customer's Service Account(s), and a default under this OBF <br /> Agreement will be treated as a default under the Customer's Service Account(s). 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 <br /> herein 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(s), 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 <br /> in this section shall not be subject to any additional cure period. Following a breach as set forth in <br /> this 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 <br /> to, file a UCC-1 ('Financing Statement") against the Equipment to secure Customer's obligation to <br /> repay the Amount Financed. Customer agrees to execute any and all documents in connection <br /> with the Financing Statement in order for SCE to perfect its security interest in the Equipment. <br /> Customer agrees that SCE is not waiving any of its rights of recovery as against the Customer <br /> should SCE elect to file a Financing Statement. <br /> Form 14-792 2 <br /> 05/2012 <br /> 20D-12 <br />