2021-100A - Laserfiche WebLink

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Effective Date but only if (i) such failure is due exclusively to matters within the Company's control, (ii) is not driven by an issue with the site works for the plant (e.g., an environmental condition that is discovered during planning or construction), and/or (iii) there is no feasible plan in place to ensure the Evaporation Plant is completed within a reasonable time thereafter. • Material failure to perform the Services, meet the Minimum Volume Requirement, or comply with applicable Permits throughout the Term), which material failure is not rectified within sixty (60) days of the District's delivery of notice of such failure and there is no practicable plan in place to rectify the failure. • Failure of the Company to provide the technical support requested by the District in connection with their efforts to secure the Permits as set forth in the DOR. (b) Effect of a Major Event 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 a Major Event of Default by the other Party. (c) Effect of a District Event of Default. (i) A District Event of Default shall give the Company the right: • to extend the time to perform its own reciprocal obligations, and/or to receive reimbursement of any additional costs incurred as a result thereof, and/or • to terminate the Agreement if such District Event of Default is not cured by the District within an additional sixty (60) days after receiving written notice thereof from the Company. (ii) In addition to the rights provided by the Company under (i) above, in the event the Agreement is terminated by the Company due to a District Event of Default as defined above, the District shall be required to pay Company a "District Default Fee" equal to 50% of the remaining Services Fees through the end of the Term as of the effective date of termination. (d) Effect of a Company Event of Default (i) A Company Event of Default shall give the District the right: • If the Company Event of Default occurs prior to COD, to terminate the Agreement in which event the District will be entitled to get the Initial Setup Fee of $300,000 reimbursed and will have no further obligation hereunder except as otherwise provided in this subsection (ii) with Page 15 of 32