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Participating Customer(s). If a Participating Customer fails to pay amounts due within the <br /> specified time period for said payments in accord with the Electric Utility's tariff and ICC <br /> regulations, FES retains the right to assess late payment fees on, or deem such non-payment a <br /> default of Participating Customer for purposes of Section 6.1.1 of this Agreement. FES may not <br /> convert Participating Customer from consolidated billing to dual billing, or from dual billing to <br /> consolidated billing if such a conversion will facilitate more timely billing, collections, and/or <br /> payment, without the prior written consent of Community and such consent shall not be <br /> unreasonably withheld or delayed. <br /> ARTICLE 6DEFAULT AND REMEDIES <br /> 6.1 Event of Default. <br /> 6.1.1 A "Community Event of Default" shall mean the occurrence of any of the following and <br /> the passage of any cure period set forth therein: <br /> (i) Any representation or warranty made by Community in Article 9 hereunder is false or <br /> misleading in any material respect when made; <br /> (ii) The non-excused failure to perform any material covenant or obligation set forth in this <br /> Agreement (other than that set forth in (i) above) and such failure is not remedied within thirty <br /> (30) days after written notice thereof unless the cure requires longer than the thirty (30) days to <br /> effect and Community is diligently working towards such cure; and <br /> 6.1.2 A "FES Event of Default" shall mean the occurrence of any of the following and the <br /> passage of any cure period set forth therein: <br /> (i) the failure to make, when due, any undisputed payment required pursuant to this <br /> Agreement if such failure is not remedied within ten (10)Business Days after written notice; <br /> (ii) any representation or warranty made by FES in Article 9 hereunder is false or misleading <br /> in any material respect when made or when deemed made; <br /> (iii) the non-excused failure to perform any material covenant or obligation set forth in this <br /> Agreement(other than that set forth in (i) above and as set forth in Section 4.3) if such failure is <br /> not remedied within thirty (30) days after written notice thereof, unless the cure period <br /> reasonably requires more than thirty (30) days to effect and FES is diligently working towards <br /> such cure; and <br /> 6.2 Rights and Remedies. <br /> 6.2.1 Rights and Remedies for a Community Event of Default. Subject to other provisions of <br /> this Agreement, if Community is the defaulting Party hereunder, so long as such Community <br /> Event of Default shall have occurred and be continuing, FES shall have the right to (i) designate <br /> a date ("Early Termination Date"), no earlier than the day such notice is effective and no later <br /> than twenty (20) days after such notice is effective, on which this Agreement shall terminate and <br /> to terminate this Agreement on the Early Termination Date, (ii) suspend performance under this <br /> Agreement, and/or(iii) have all rights available at law and in equity. In addition to the foregoing <br /> remedies, FES shall have the right to seek the remedies of specific performance of Community's <br /> 8 <br />