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(iii) a Party's material breach of any License which is not cured within any applicable <br />notice and cure period, <br />(iv) a Party's filing, or consent by answer or otherwise to the filing against a Party of, a <br />petition for relief, reorganization, or arrangement or any other petition in bankruptcy, for liquidation or to take <br />advantage of any bankruptcy or insolvency law of any jurisdiction, <br />(v) a Party's general assignment for the benefit of creditors or consent to the <br />appointment of a custodian, receiver, trustee or other officer with similar powers of itself or of any substantial <br />part of its properties, <br />(vi) a Party is adjudicated insolvent, liquidated, dissolved, or ceases doing business, <br />(vii) a court or other governmental authority of competent jurisdiction shall enter an order <br />appointing a custodian, receiver or trustee, or an officer with similar powers, with respect to a Party or any <br />substantial part of any of its properties, or an order for relief shall be entered in any case or proceeding for <br />liquidation or reorganization, or otherwise to take advantage of any bankruptcy or insolvency law of any <br />jurisdiction, relative to that Party or ordering the dissolution, winding -up or liquidation of the Party, or a <br />petition for such relief is filed against a Party and not dismissed or stayed within sixty (60) calendar days, or <br />(viii) a Party's material representation made in this Agreement is not correct and true in <br />any material respect, and such breach is not cured within thirty (30) days after receipt of notice from the non - <br />defaulting Party. <br />(b) Upon the occurrence of an Event of Default (i) if the non -defaulting Party is Power Provider, <br />Power Provider shall have the right to terminate this Agreement and (ii) if the non -defaulting Party is <br />Purchaser, Purchaser shall have the right to (A) terminate each Schedule to which such Event of Default relates <br />(in the case of an Event of Default arising from the occurrence of an event set forth in Section 16(a)(i)-(iii)), <br />and (B) terminate this Agreement (in the case of an Event of Default arising from the occurrence of an event <br />set forth in Sections 16(a)(iv)-(viii)), in each case upon written notice of such termination to the defaulting <br />Party, and shall, irrespective of its exercise of such election to terminate, have any other remedies that may be <br />available to it at law or in equity, subject only to the provisions of Section 17. For the avoidance of doubt, any <br />termination of this Agreement shall be deemed a termination of each License and Schedule, and in the event <br />there is only one Schedule to this Agreement, any termination of such Schedule shall be deemed a termination <br />of this Agreement and License. If Purchaser is in default as a result of nonpayment of any amount due to the <br />Power Provider, then in addition to any other remedy available to the Power Provider, Power Provider may sell <br />Electric Power that would otherwise have been sold to Purchaser to the Utility or any other third party for the <br />duration of the default and for a reasonable time thereafter to allow Power Provider to terminate delivery to the <br />third party and to restore delivery to the Purchaser. <br />(c) If either Party terminates this Agreement as a result of an Event of Default by the other Party, <br />Power Provider shall promptly remove all of the Solar Power Facilities in accordance with the terms of this <br />Agreement regardless of their method of attachment. <br />(d) The Parties agree that if either Party terminates this Agreement as a result of an Event of <br />Default by the other Party, the non -defaulting Party may pursue all remedies available to it at law or in equity. <br />(e) Upon the termination of a Schedule or the expiration of a Schedule Term, Power Provider <br />shall remove from the applicable Site in accordance with the terms of this Agreement and no later than <br />sixty(60) days after such expiration or termination the applicable Solar Power Facility(ies) (with the exception <br />of mounting pads, other supporting structures and wiring and equipment located within roof and wall cavities <br />and underground) that (i) are described in such expired or terminated Schedule and (ii) are not purchased by <br />Purchaser upon such expiration or termination. Purchaser shall provide Power Provider with reasonable <br />access to perform such removal. <br />Page 19 of 30 <br />SE PPA 11/11/15 <br />