Laserfiche WebLink
POWER PURCHASE AGREEMENT ("PPA") <br /> or proceedings are taken in any jurisdiction with respect to the Party which has a similar <br /> effect,and, if any such bankruptcy or other proceedings were initiated by a third party, <br /> if such proceedings have not been dismissed within sixty(60) days following receipt of <br /> a written notice from the Non-Defaulting Party demanding such cure; or <br /> vi. Purchaser prevents Seller from installing the System or otherwise failing to perform in <br /> a way that prevents the delivery of electric energy from the System. Such Default Event <br /> shall not excuse Purchaser's obligations to make payments that otherwise would have <br /> been due under this Agreement; <br /> vii. Seller fails to remain an Illinois Solar for All ("ILSFA") approved vendor or approved <br /> vendor designee; <br /> viii. Seller fails to comply with the Prevailing Wage Act as required by the ILSFA program; <br /> ix. Seller fails to maintain agreements with and approvals from Ameren to interconnect <br /> with its delivery system; <br /> x. Seller fails to pay tax liabilities when due; or <br /> xi. Seller fails to provide solar generation for the sole use of Purchaser for a period of <br /> greater than six(6) months not related to a Force Majeure event. <br /> b. Remedies. Remedies for default, damages upon termination by default, termination <br /> payments, and obligations are detailed as follows: <br /> i. Remedies for Payment Default. If a Payment Default occurs,the Non-Defaulting Party <br /> may suspend performance of its obligations under this Agreement. Further, the Non- <br /> Defaulting Party may (A) at any time during the continuation of the Default Event, <br /> terminate this Agreement upon five(5)days prior written notice to the Defaulting Party, <br /> and (B) pursue any remedy under this Agreement, at law or in equity, including an <br /> action for damages. <br /> ii. Remedies for Other Defaults. On the occurrence of a Default Event other than a <br /> Payment Default,the Non-Defaulting Party may(A)at any time during the continuation <br /> of the Default Event, terminate this Agreement or suspend its performance of its <br /> obligations under this Agreement, upon five (5) days prior written notice to the <br /> Defaulting Party, and (B) pursue any remedy under this Agreement, at law or in equity, <br /> including an action for damages. Nothing herein shall limit either Party's right to collect <br /> damages upon the occurrence of a breach or a default by the other Party that does not <br /> become a Default Event. If Purchaser terminates this contract without cause prior to <br /> commencement of System installation,a five-thousand($5,000)design cancellation fee <br /> shall also apply in addition to any other remedy available to Seller. <br /> iii. Damages Upon Termination by Default. Upon a termination of this Agreement by the <br /> Non-Defaulting Party as a result of a Default Event by the Defaulting Party, the <br /> Defaulting Party shall pay a Termination Payment to the Non-Defaulting Party <br /> determined as follows(the"Termination Payment"): <br /> a. Purchaser. If Purchaser is the Defaulting Party and Seller <br /> terminates this Agreement, the Termination Payment to <br /> Seller shall be equal to for any given Contract Year, the <br /> amount set forth on Exhibit 4,Attachment A attached hereto. <br /> The Parties agree that actual damages to Seller in the event <br /> Page 21 of 49 <br />