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27 the transfer or assignment of the Agreement. If Lender exercises these remedies, it will not constitute a default under the Agreement, and will not require Subscriber consent. D. Upon any rejection or other termination of the Agreement under any process undertaken with respect to Owner under the United States Bankruptcy Code, Subscriber agrees to enter into a new agreement with Lender or its assignee under substantially the same terms as the Agreement if Lender so requests within ninety (90) days of the termination or rejection of the Agreement. E. At Owner’s request, Subscriber agrees to execute and deliver to Lender and Owner such acknowledgment consent as may be required by Lender and in which Subscriber acknowledges and confirms that the legal and beneficial ownership of the System remains in Owner, or its affiliate, and that the System is the property of Owner, or its affiliate. 3. Lender’s Right to Cure. Regardless of any contrary terms in the Agreement: A. Subscriber will not terminate or suspend the Agreement unless Subscriber has given the Lender prior written notice of Subscriber’s intent to terminate or suspend the Agreement describing the event giving rise to the alleged Owner Default, and provide the Lender with the opportunity to cure the Owner Default within sixty (60) days after such notice or any longer period provided for in the Agreement. If the Owner Default reasonably cannot be cured by the Lender within the period established under the Agreement, and the Lender commences and continuously pursues the cure of such Owner Default within that period, the period for cure will be extended for a reasonable period of time under the circumstances, but not to exceed an additional thirty (30) days. Owner’s and Subscriber’s respective obligations will otherwise remain in effect during the cure period. B. If the Lender or its lawful a ssignee (including any buyer or transferee) acquires title to or control of Subscriber’s assets and within the applicable time period cures all defaults under the Agreement existing as of the date of such change in control in the manner required by the Agreement and which are capable of cure b y a third party, then the Lender or such third party buyer or transferee will no longer be in default under the Agreement, and the Agreement will continue in full force and effect. C. At the request of Lender and/or its assignee, Subscriber agrees to execute and deliver any document, instrument, or statement (but not including any payment) required by law or otherwise as reasonably requested by Lender or its assignee in order to create, perfect, 77