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POWER PURCHASE AGREEMENT ("PPA") <br /> Party which has a similar effect,and, if any such bankruptcy or other proceedings <br /> were initiated by a third party, if such proceedings have not been dismissed <br /> within sixty (60) days following receipt of a written notice from the Non- <br /> Defaulting Party demanding such cure; or <br /> vi. Purchaser prevents Seller from installing the System or otherwise failing to <br /> perform in a way that prevents the delivery of electric energy from the System. <br /> Such Default Event shall not excuse Purchaser's obligations to make payments <br /> that otherwise would have been due under this Agreement; <br /> vii. Seller fails to remain an Illinois Solar for All ("ILSFA") approved vendor or <br /> approved vendor designee; <br /> viii. Seller fails to comply with the Prevailing Wage Act as required by the ILSFA <br /> program; <br /> ix. Seller fails to maintain agreements with and approvals from Ameren to <br /> interconnect 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 <br /> of 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 <br /> Party may suspend performance of its obligations under this Agreement. Further, <br /> the Non-Defaulting Party may (A) at any time during the continuation of the <br /> Default Event, terminate this Agreement upon five (5) days prior written notice <br /> to the Defaulting Party, and (B) pursue any remedy under this Agreement, at law <br /> or in equity, including an 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 <br /> continuation of the Default Event, terminate this Agreement or suspend its <br /> performance of its obligations under this Agreement, upon five (5) days prior <br /> written notice to the Defaulting Party, and (B) pursue any remedy under this <br /> Agreement, at law or in equity, including an action for damages. Nothing herein <br /> shall limit either Party's right to collect damages upon the occurrence of a breach <br /> or a default by the other Party that does not become a Default Event. If Purchaser <br /> terminates this contract without cause prior to commencement of System <br /> installation, a five-thousand ($5,000) design cancellation fee shall also apply in <br /> addition to any other remedy available to Seller. <br /> iii. Damages Upon Termination by Default. Upon a termination of this Agreement <br /> by the Non-Defaulting Party as a result of a Default Event by the Defaulting Party, <br /> the 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 Seller shall <br /> be equal to for any given Contract Year, the amount set forth on <br /> Page 21 of 49 <br />