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ARTICLE 9 <br />CASUALTY <br />If the Premises or Site shall be damaged by fire or other cause in a manner that materially <br />interferes with Licensee's ability to install, maintain or operate any Solar Power Facility (a "Casualty'), <br />the terms and conditions of Section 13 of the Solar Services Agreement shall govern the Parties' rights <br />and obligations with respect to such Casualty, and the Parties waive the benefit of any Law that provides <br />Licensor or Licensee with any rights inconsistent with those set forth in this Article 9 and Section 13 of <br />the Solar Services Agreement <br />ARTICLE 10 <br />SELF-HELP <br />If Licensor fails to observe, perform, or comply with any of its maintenance and repair or other <br />material obligations under this License or the Solar Services Agreement, and (a) such failure renders any <br />portion of the Premises unable to be licensed or materially interferes with Licensee's ability to install, <br />maintain, use or operate the Premises or Solar Power Facilities and such failure is not cured within a <br />reasonable period of time after receipt of written notice from Licensee, or (b) in the case of an emergency <br />(as determined by Licensee in its reasonable discretion), Licensee, upon written notice to Licensor but <br />without any opportunity to cure by Licensor, may cure any such failure. In such case, all reasonable <br />direct expenses incurred by Licensee in curing Licensor's failure shall be due and payable from Licensor <br />to Licensee within thirty (30) days after delivery of written notice to Licensor of the amount of such <br />expenses. Any due but unpaid sums shall bear interest from the date due at fifteen percent (15%) per <br />annum until fully paid. <br />If Licensee fails to observe, perform, or comply with any of its maintenance and repair or other <br />material obligations under this License or the Solar Services Agreement, and (a) such failure threatens to <br />cause injury or death to person or damage or destruction to any real or personal property, or materially <br />interferes with Licensee's ability to use or operate the Site or Solar Power Facilities and such failure is not <br />cured within a reasonable period of time after receipt of written notice from Licensor, or (b) in the case of <br />an emergency (as determined by Licensor in its reasonable discretion), Licensor, upon written notice to <br />Licensee but without any opportunity to cure by Licensee, may cure any such failure. In such case, all <br />reasonable direct expenses incurred by Licensor in curing Licensee's failure shall be due and payable <br />from Licensee to Licensor within thirty (30) days after delivery of written notice to Licensee of the <br />amount of such expenses. Any due but unpaid sums shall bear interest from the date due at fifteen <br />percent (15%) per annum until fully paid. <br />ARTICLE 11 <br />ASSIGNMENT; SUBLICENSE <br />11.1 Assignment or Sublicense. Licensee may assign this License or any right hereunder in <br />connection with the sublicense of all but not part of the Premises, without Licensor's consent, to any <br />Affiliate of Licensee, and/or to any lender providing financing to Licensee or any of Licensee's Affiliates <br />for the Solar Power Facility ("Lender"); provided, Licensee shall give notice to Licensor of any such <br />assignment as soon as practicable thereafter. Licensee may not assign or sublicense any right hereunder <br />to any other person or entity without the prior written consent of Licensor not to be unreasonably <br />withheld. If Licensee assigns this License or its rights hereunder to a Lender, Licensor shall execute any <br />consents reasonably required by such Lender and in form reasonably acceptable to Licensor. <br />11.2 Lender Rights. With respect to an assignment by Licensee to a Lender in accordance <br />with Article 11. 1, Licensor and Licensee acknowledge and agree that, upon receipt of written notice and <br />NYLicrose Age vt 6 <br />