Cessation of Operation of the Facility. (a) If, after the Commercial Operations Date, without the prior written consent of the Purchaser, the Seller shall have ceased to operate the Facility for a period of thirty (30) consecutive Days other than because of: (i) a Force Majeure Event, (ii) a Scheduled Outage or a Maintenance Outage, (iii) a Forced Outage, (iv) a Non-Project Event, (v) an Afghanistan Political Event, or (vi) any act or omission of the Purchaser and/or the Grid System Operator that effectively prevents the Seller from operating the Facility, then the Purchaser shall be entitled to enter the Facility and operate it until the Seller demonstrates, to the reasonable satisfaction of the Purchaser, that the Seller can and will resume normal operation of the Facility. During any period that the Purchaser operates the Facility pursuant to this Section 5.10(a), the Purchaser shall (i) operate the Facility within the Technical Limits and in accordance with Prudent Utility Practices, and (ii) bear the costs of operation. (b) Notwithstanding any other provision of this Agreement to the contrary, the Purchaser shall indemnify, defend, and hold the Seller harmless from any loss or damage to the Facility incurred or sustained by the Seller by reason of the Purchaser’s negligence or wilful misconduct in the operation of the Facility during any period contemplated by Section 5, but only to the extent that such loss or damage is not covered by the Seller's insurance.
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