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3 Order engines, generators and 180 days Receipt of all Copy of <br /> transformer equipment and release for Permits and Orders <br /> manufacturing and shipment Authorizations <br /> i <br /> 4 Operations Date 9 months Delivery of all Copy of relevant <br /> Project notice under <br /> equipment to Power Sales <br /> the Site Agreement <br /> 5 Operations Date 4 years Effective Date Copy of relevant <br /> Not notice under <br /> subject to Power Sales <br /> XX D Agreement <br /> (Cure <br /> Period <br /> B. County's right to terminate under Article XX shall be its sole remedy for failure of <br /> Ameresco to meet milestones under this Article XIX. <br /> 1 <br /> XX TERMINATION <br /> A. County's Right to Terminate <br /> County may terminate this Agreement by written notice to Ameresco upon the following <br /> occurrences ("Events of Default"). <br /> 1. Failure by Ameresco to meet the Project Milestones. <br /> 2_ Failure by Ameresco to perform any of its obligations under this Agreement due to an <br /> event of Force Majeure which failure lasts longer than six(6) months. <br /> 3. Filing of a petition by Ameresco under any part of the Federal bankruptcy laws, or an <br /> action under present or future insolvency law or statute, against Ameresco's operations <br /> of the Plant. <br /> 4. Adjudication that Ameresco is as bankrupt. However, no termination may occur if <br /> Ameresco confirms this Agreement in any bankruptcy proceeding <br /> 5. Assertion of jurisdiction by any state or federal agency over County as a public utility due <br /> to County's performance of its obligations under this Agreement, or prohibition by any <br /> State or Federal agency of the County to perform any of its material obligations under <br /> this Agreement. If this occurs, the Parties shall negotiate in good faith to restructure the <br /> form of their Agreement to eliminate such jurisdiction or prohibition. Such restructuring <br /> will maintain the economic fundamentals of this Agreement. <br /> 6. Failure by Ameresco to make full payments due hereunder within sixty(60) days of <br /> when due. This provision shall not apply if there is a bona fide dispute over the payment <br /> to the extent of such disputed amount. <br /> LFG Purchase Agreement 20 <br /> Foothill Sanitary Landfill <br /> Ameresco San Joaquin LLC/San Joaquin County <br /> SW-1013035-R5 <br />