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POWER PURCHASE AGREEMENT ("PPA") <br /> registered mail, return receipt requested, and deemed received upon personal delivery, <br /> acknowledgment of receipt of electronic transmission, the promised delivery date after <br /> deposit with overnight courier, or five(5) days after deposit in the mail. Notices shall be <br /> sent to the person identified in this Agreement at the addresses set forth in this <br /> Agreement or such other address as either party may specify in writing. Each party shall <br /> deem a document faxed, emailed or electronically sent in PDF form to it as an original <br /> document. <br /> d. Survival. Provisions of this Agreement should reasonably be considered to survive <br /> termination of this Agreement shall survive. For the avoidance of doubt, surviving <br /> provisions shall include, without limitation, Section 71h1 (No Warranty), Section 14 <br /> (Representations and Warranties), Section 15(bl (Insurance Coverage), Section 17 <br /> (Indemnification and Limits of Liability),Section 20(Confidentiality and Publicity),Section <br /> 22(al (Choice of Law), Section 22 (bl (Arbitration and Attorneys 'Fees), Section 22(c1 <br /> (Notices), Section 22 (g). (Comparative Negligence), Section 22(hl (Non-Dedication of <br /> Facilities), Section 2201 (Service Contract), Section 22(k1 (No Partnership) Section 22(11 <br /> (Full Agreement, Modification, Invalidity, Counterparts, Captions) and Section 22(ml(No <br /> Third Party Beneficiaries). <br /> e. Further Assurances. Each of the Parties hereto agrees to provide such information, <br /> execute and delivery an instruments and documents and to take such other actions as <br /> may be necessary or reasonably requested by the other Party which are not inconsistent <br /> with the provisions of this Agreement and which do not involve the assumptions of <br /> obligations other than those provided for in this Agreement, to give full effect to this <br /> Agreement and to carry out the intent of this Agreement. <br /> f. Right of Waiver. Each Party, in its sole discretion, shall have the right to waive, defer or <br /> reduce any of the requirements to which the other Party is subject under this Agreement <br /> at any time (other than with respect to and/or relating to the obligation to make any <br /> payment due under this Agreement); provided, however that neither Party shall be <br /> deemed to have waived, deferred or reduced any such requirements unless such action <br /> is in writing and signed by the waiving Party. No waiver will be implied by any usage of <br /> trade, course of dealing or course of performance. A Party's exercise of any rights <br /> hereunder shall apply only to such requirements and on such occasions as such Party may <br /> specify and shall in no event relieve the other Party of any requirements or other <br /> obligations not so specified. No failure of either Party to enforce any term of this <br /> Agreement will be deemed to be a waiver. No exercise of any right or remedy under this <br /> Agreement by Purchaser or Seller shall constitute a waiver of any other right or remedy <br /> contained or provided by law. Any delay or failure of a Party to exercise, or any partial <br /> exercise of, its rights and remedies under this Agreement shall not operate to limit or <br /> otherwise affect such rights or remedies. Any waiver of performance under this <br /> Agreement shall be limited to the specific performance waived and shall not, unless <br /> otherwise expressly stated in writing,constitute a continuous waiver or a waiver of future <br /> performance. <br /> Page 32 of 49 <br />