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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 and /or Schedule A (Customer's "Loan Obligation "). The first Monthly <br />Payment of Customer's Loan Obligation will appear within sixty (60) days from the Effective Date on <br />Customer's SCE utility bill(s) for the Service Account(s) listed above. The Parties expressly <br />acknowledge and agree that funding for the OBF Loan Obligation repayment shall not be raised by the <br />levy of additional taxes but shall instead be obtained by Customer's savings in energy costs paid for <br />solely by the loan proceeds. The Parties further acknowledge and agree that energy savings from <br />conservation measures are not susceptible to precise calculation and actual savings may vary <br />according to weather and utility rates, among other things. Therefore Customer's energy savings have <br />been determined at the outset of this Agreement and calculated by comparing estimates of energy <br />usage for the facilities in question with and without the conservation measure, as set forth specifically <br />in the EMS Agreement. Customer's actual future energy savings are not guaranteed and the OBF <br />Loan Obligation must be repaid in full irrespective of actual future SCE utility bill(s) amounts. <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 SCE <br />utility bill(s) for the number of months set forth above, or until the Loan Obligation is paid in full by <br />Customer, whichever occurs first. Customer shall make payments to SCE as directed in the SCE <br />utility bill(s). <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 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 <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 $8.00 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(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 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(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 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 />Form 14 -914 <br />1/2013 <br />20A -12 <br />