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Final Version and adverse claims, including but not limited to liens used to secure payment of production taxes, severance taxes, or other taxes. ARTICLE 13 - TERMINATION AND REMEDIES 13.1 Delay in Achieving LFG Commencement Date. If the LFG Commencement Date has not occurred within twelve (12) months following the Effective Date for reasons other than Force Majeure events or the acts or omissions of the District, District may issue written notice to Company electing to terminate this Agreement six (6) months following the date such written notice is issued. If the LFG Commencement Date occurs within six (6) months after Company receives such written notice, then this Agreement will not terminate and shall continue in full force and effect. If the LFG Commencement Date does not occur within six (6) months after Company receives such written notice for reasons other than Force Majeure events or the acts or omissions of the District, then this Agreement shall terminate and neither Party shall have any further rights, obligations or Iiabilities hereunder. 13.2 Default and Termination. A. Events of Default. Either Party may immediately terminate this Agreement on written notice to the other Party for cause, without prejudice to any other rights or remedies the terminating Party may have under applicable law, except as provided herein, when there is an Event of Default by the other Party. An event of default (an "Event of Default") shall occur if a Party shall (1) suspend or liquidate its business, (2) become insolvent or subject to a petition of involuntary bankruptcy and the appointment of a trustee or receiver, (3) make an assignment for the benefit of creditors, other than as permitted in Section 16.11, or (4) fail to perform a material obligation under this Agreement and such failure is not cured within thirty (30) days after receipt of written notice of such failure or, if such failure cannot reasonable be cured within such thirty (30) day period, a good faith reasonable plan to correct the failure within sixty (60) days is not implemented within such thirty (30) day period. B. Remedies. Except as otherwise set forth herein, in the event of a breach by a Party of any of its obligations hereunder, the other Party shall have the rights specified herein, and any remedy to which it is entitled at law or in equity for such breach, subject to Exclusivity of Remedies below. C. Exclusivity of Remedies. Each Party waives all claims against the other Party (and against the affiliates of each, and their respective members, shareholders, officers, directors, agents and employees) for any consequential, incidental, indirect, special, exemplary or punitive damages arising out of this Agreement; and, regardless of whether any such claim arises out of breach of contract, guaranty or warranty, tort, product liability, indemnity, contribution, strict liability or any other legal theory, each Party hereby releases the other Party from any such liability. This waiver and exclusion shall apply even if any express warranty set forth herein fails its essential purpose. Any liquidated damages payable under this Agreement shall not be deemed consequential 22