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a. The parties acknowledge that Calpine is in the process of obtaining <br /> permits for the construction of BHEC . If for any reason any permit or permits necessary to construct, <br /> operate and maintain the BHEC are not granted, or for any other reason Calpine does not go forward <br /> with the BHEC project, then this Agreement maybe terminated by Calpine at its discretion. In the <br /> event Calpine has made any payments under the Option Contract(s) as described in Paragraph 2 .b , <br /> such payment or payments shall be non-refundable, even in the event of termination pursuant to this <br /> Paragraph 10 . <br /> b . Calpine shall, at the time of County' s issuance of the building permit <br /> for BHEC , comply with the County' s Administrative Policy requirements with respect to insurance <br /> and indemnification as set forth in the Indian River County Administrative Policy Manual <br /> AM1000 . 6 , Risk Management Section, Insurance Subject, under the subtitle C . Major Contract for <br /> Service . At the same time, Calpine shall also provide the same coverage with respect to insurance <br /> and indemnification to the District. <br /> C , Termination for Default : An " Event ofDefault" is defined as follows : <br /> i) a failure by a Party to satisfy its material obligations under the Agreement which is not remedied <br /> within thirty (30) days of written notice from the affected Party of such failure ; ii) a failure by <br /> Calpine to pay any undisputed amounts properly invoiced by the County or the District within the <br /> time period specified for payment which is not remedied within thirty (30) days of written notice <br /> from the County or District, as applicable, of such failure ; and iii) a failure by the County to provide <br /> the daily stormwater which it is otherwise capable of providing and not utilized to meet agricultural <br /> 23 <br /> 8 . 5 .04 Water Agreement <br />