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operation at Capacity within twelve (12) months following an event of Force Majeure causing damage to the Facility, Subscriber shall have the right to terminate this Agreement by giving ANCSGI at least sixty (50) days prior notice of its intent to terminate based on such failure(s). Any such notice of termination shall be given within three (3) months of such failure(s). In the event of termination pursuant to this Section 11(b), ANCSGI shall pay to Subscriber, as liquidated damages, one cent ($.01) for each Credit expected to have been allocated to Subscriber for the six month period following the expiration of such twelve (12) month period. C. In the event (i) the CSG Contract is terminated based on ANCSGI's breach thereof or (ii) ANCSGI materially breaches its obligations of performance in this Agreement and such breach is not cured within thirty (30) days after ANCSGI receives written notice of such breach from Subscriber (provided, however, that if such breach is not capable of being cured within such thirty -day period and ANCSGI has commenced and diligently continued actions to cure such breach within such thirty -day period, the cure period shall be extended to 180 days, so long as ANCSGI is making diligent efforts to do so), then Subscriber may terminate this Agreement as provided in this Section 11. In the event of a termination by Subscriber described in the preceding sentence, ANCSGI shall pay to Subscriber, as liquidated damages, one cent ($.01) for each Credit expected to have been allocated to Subscriber for the calendar year following termination according to the Schedule of Expected Deliveries, Exhibit B. d. The Parties agree that actual damages in the event of termination of this Agreement as specified in Sections 11(b) and 11(c), would be difficult to calculate and that the liquidated damages specified herein are a reasonable approximation of such actual damages. 12. Assignment. No Party shall assign or in any manner transfer this Agreement or any part thereof except in connection with (a) Subscriber's assignment to a party approved in advance by ANCSGI, with such approval not unreasonably withheld, on the bases of (i) creditworthiness, (ii) the party's eligibility under the Solar Rewards Community Program, (iii) Subscriber's payment to ANCSGI of seven hundred fifty dollars ($750) to cover ANCSGI's administrative expenses associated with the transfer (the "Transfer Fee") and (iv) other factors evidencing an increase in a material risk of a breach of this Agreement, (b) ANCSGI's assignment of this Agreement to any Affiliate that owns or, by long-term lease, controls the Facility, provided that such Affiliate has the same or better credit strength and has agreed in writing to recognize Subscriber's rights under this Agreement and to not disturb any of Subscriber's rights hereunder; (c) ANCSGI's collateral assignment of this Agreement to any financial institution that provides financing for the Facility (including a financial institution that enters into a sale/leaseback transaction with respect to the Facility) that has agreed in writing to recognize Subscriber's rights under this Agreement and to not disturb any of Subscriber's rights hereunder upon the foreclosure or conveyance in lieu thereof, and, in connection with any collateral assignment of this Agreement, Subscriber agrees to comply with the lender accommodations set forth in Exhibit C to this Agreement; (d) ANCSGI's assignment of this Agreement, prior to the Commencement of Operations Date, to another operator/owner of a community garden facility, in the same County and qualified under the Solar Rewards Community Program which has sufficient capacity to accept Subscriber's Allocation, has the same or better credit strength, and agrees in writing to recognize Subscriber's rights under this Agreement and to not disturb any of Subscriber's rights hereunder; or (e) Subscriber's assignment of this Agreement to any of its Affiliates or successor entity if the Minnesota 7