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12 or rebellion; (iv) strikes or labor disputes (except strikes or labor disputes caused solely by employees of Operator as a result of such Party’s failure to comply with a collective bargaining agreement); (v) action or inaction by a Governmental Authority (unless Subscriber is a Governmental Authority and Subscriber is the Party whose performance is affected by such action nor inaction); and (vi) any event of force majeure under the PPA. A Force Majeure Event shall not be based on the economic hardship of either Party. 10.2 Excused Performance. Except as otherwise specifically provided in the Agreement, neither Party shall be considered in breach of the Agreement or liable for any delay or failure to comply with the Agreement (other than the failure to pay amounts due hereunder), if and to the extent that such delay or failure is attributable to the occurrence of a Force Majeure Event; provided that the Party claiming relief under this Article 10 shall immediately (i) notify the other Party in writing of the existence of the Force Majeure Event, (ii) exercise all reasonable efforts necessary to minimize delay caused by such Force Majeure Event, (iii) notify the other Party in writing of the cessation or termination of said Force Majeure Event and (iv) resume performance of its obligations hereunder as soon as practicable thereafter; provided, however, that Subscriber shall not be excused from making any payments and paying any unpaid amounts due in respect of Subscriber’s Allocated Percentage of Delivered Energy prior to any performance interruption due to a Force Majeure Event. 10.3 Termination for Force Majeure. Either Party may terminate this Agreement upon 15 days written notice to the other Party if any Force Majeure Event affecting such other Party has been in existence for a period of 180 consecutive days or longer, unless such Force Majeure Event expired before the end of the 15 day notice period. 11. DEFAULT. 11.1 Operator Defaults and Subscriber Remedies. (a) Operator Defaults. The following events are defaults with respect to Operator (each, an “Operator Default”): (i) A Bankruptcy Event occurs with respect to Operator; (ii) Operator fails to pay Subscriber any undisputed amount owed under the Agreement within 30 days from receipt of notice from Subscriber of such past due amount; (iii) Operator breaches any material term of the Agreement and (A) such breach can be cured within 30 days after Subscriber’s written notice of such breach and Operator fails to so cure, or (B) Operator fails to commence and pursue a cure within such 30 day period if a longer cure period is needed; and (iv) The PPA is terminated for any reason. (b) Subscriber’s Remedies. If an Operator Default described in Section 11.1(a) has occurred and results in the failure or inability of the Solar System to produce Delivered Energy over a period of 180 consecutive days, in addition to other remedies expressly provided herein, and 62