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H "' MEFIELD <br /> E N E R G Y <br /> specifically provides for a shorter cure period or (b) an imminent threat to the public health, <br /> safety, or welfare arises that requires a shorter cure period, in which case the notice must <br /> specify the cure period, or (c) compliance cannot reasonably be achieved within 15 business <br /> days but the defaulting party promptly commences a cure and diligently pursues the cure to <br /> completion. <br /> 2. Failure to Cure. If the defaulting Party falls to comply within that 15-day period, or the shorter <br /> period if an imminent threat, or if the defaulting Party fails to promptly commence a cure and <br /> diligently pursue the cure to completion, then the non-defaulting Party, subject to the limits of <br /> applicable federal or State of Illinois law, may take any one or more of the following actions: <br /> a. Seek specific performance of any provision of this Agreement or seek other equitable <br /> relief, and institute a lawsuit against the defaulting Party for those purposes. <br /> b. Institute a lawsuit against the defaulting Party for breach of this Agreement and seek <br /> remedies and damages as the court may award. <br /> C. In the case of noncompliance with a material provision of this Agreement, declare this <br /> Agreement to be terminated. If the Parties are unable to agree upon an amendment to <br /> this Agreement, within the prescribed time after entering into negotiations, the adversely <br /> affected Party shall have the right, upon ten (10) days prior written notice, to terminate <br /> this agreement, in addition to any other remedies available at law or in equity. <br /> B. Circumstance Leading to Termination. This Agreement may be terminated early in the following <br /> circumstances: <br /> 1. Non-Compliance. If the defaulting Party fails to comply with any material term or condition of this <br /> Agreement, provided the failure continues beyond the Cure Period and written !Notice of such failure <br /> is provided to the defaulting Party. <br /> Material terms and conditions include but are not limited to: <br /> a. A breach of the confidentiality provisions in Article 10 of this Agreement; <br /> b. Homefield's disqualification as an ARES due to a lapse or revocation of any required license <br /> or certification required to perform the obligations set forth herein; or <br /> c. Any act or omission that constitutes a willful or wanton deception by affirmative statement or <br /> practice, or by omission, fraud, misrepresentation, or a bad faith practice. <br /> 2. Regulatory Event. The following shall constitute a "Regulatory Event": <br /> a. Illegality. It becomes unlawful for a Party to perform any obligation under this <br /> Agreement due to the adoption of, change in, or change in the interpretation of any <br /> applicable law by any judicial or government authority with competent jurisdiction. <br /> 10 <br />