Early Termination Events. Upon the Administrator’s determination that any one or more of the following events has occurred (each, an “Early Termination Event”), the Administrator has the immediate right, but not the obligation, to terminate this Agreement prior to the end of the Term without penalty: (a) a final judicial or legislative determination that any Loan, PACE Charge or PACE Charge Lien is not valid and/or enforceable under the law, or any unstayed injunctive relief is granted by any court having appropriate jurisdiction, the effect of which is or would be to prevent servicing or collection of any PACE Charge or enforcement of any PACE Charge Lien; (b) the dissolution of the Lender by insolvency, bankruptcy, failure to maintain applicable licenses, or other similar event; (c) a breach of this Agreement or any other PACE Financing Document by the Lender that would reasonably be expected to have a material adverse effect on the Lender’s ability to comply with this Agreement or any other PACE Financing Document; (d) the Lender fails at any time to satisfy the requirements necessary to be a Qualified Lender in good standing in accordance with all applicable Program Requirements; (e) a failure by the Lender to pay any amounts owed to the Administrator in accordance with any PACE Financing Document; (f) a change of law ending the Program or removing the Administrator as administrator of the Program and where there is no successor Program administrator; (g) any event of force majeure or similar change of circumstance which make (i) the ability or likelihood of continued funding by the Lender infeasible or (ii) the remittance of payment by the Administrator impracticable; and/or (h) the Administrator determines that a Material Adverse Change has occurred with respect to the Lender.
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