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agency (other than the County Government with respect to the District claiming Force Majeure) to enable such Parry to fulfill its obligations hereunder, the inability of such Parry to acquire, or delays on the part of such Parry in acquiring, at reasonable cost (defined by industry standards at the time), such materials and supplies, grants, Permits and permissions. (b) Effects of Force Majeure Events: The Company and the District shall be relieved from performing their obligations to the extent prevented or delayed by Force Majeure events. 6.2. Default and Termination. (a) Events of Default. (i) An event of default (a "Major Event of Default") shall occur if a Party shall (1) suspend or liquidate its business, (2) become insolvent (and such insolvency is not cured within thirty (30) days) or subject to a petition of involuntary bankruptcy and the appointment of a trustee or receiver, or (3 ) make an assignment for the benefit of creditors, other than as permitted in Section 10.6. (ii) Each of the following shall be considered a "District Event of Default" provided that they did not arise from (1) a Company Event of Default, or (2) an Event of Force Majeure; or (3) a Change -in -Law: • Failure to secure necessary Permits as set forth in the DOR and Appendix D for the installation and operation of the Evaporation Plant as contemplated herein within eighteen (18) months following the Effective Date, or to maintain such Permits throughout the Term (unless such failure is caused by the Company's failure to provide the District with requested technical assistance); • Non-payment of the Monthly Services Fee including without limitation due to a decision by the District or Indian River County to modify the budgeted funds available to support payments hereunder, which non- payment is not rectified within thirty (30) days of due date; • Total or partial assignment of the Agreement without consent of the Company; • Change of control or reorganization, which materially affects District's financial capacity. (iii) Each of the following shall be considered a "Company Event of Default" provided that they did not arise from (1) a District Event of Default, or (2) from an Event of Force Majeure, or a (3) Change -in -Law: • Failure of the Company to fabricate, install and commission the Evaporation Plant to achieve COD by twelve (12) months from the Page 14 of 32