SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: COMMERCIAL DIVISION

WALMART INC. (f/k/a WAL-MART STORES, INC., Plaintiff, - aga ins t - TESLA ENERGY OPERATIONS, INC. (f/k/a SOLARCITY CORPORATIO N), Defendant. TO THE ABOVE NAME D DEFENDANT:

New

York County Index No.: /2019

SUMMONS

YOU ARE HERE BY SUMMONED to answer the complaint in this action an d to serve a copy

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your answer upon the undersigned within twenty (20) days after the service

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this summons, exclusive

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the day

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service,

or

within thirty (30) days after service is complete,

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this su mmons is not personally delivered to you within the State

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Ne w York . In case

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your failure to answer, judgment will be taken against you by default for the relief demanded in the complaint. Plaintiff desig nates

New

York County as the place

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trial. The basis

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the venue designated is

New

York Civil Practice Law and Rules

501

and 503( a). Venue is proper because Defendant agreed to designate

New

York County as the venue for disputes relating to, arising out of, or i n connection with certain

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the Solar Power

&

Services Agreements, Solar Power Lease and License Agreements, and Solar Power and Energy Storage Services Agreements between Plaintiff and Defendant, and because none

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the parties reside in the state

ofNew

York.

FILED: NEW YORK COUNTY CLERK 08/20/2019 02:46 PM