Termination for Force Majeure Event. If a Force Majeure event shall have occurred that has affected Supplier’s performance of its obligations hereunder and that has continued for a period of three hundred and sixty five (365) consecutive days, then Customer shall be entitled to terminate this Agreement upon sixty (60) days’ prior written notice to Supplier. If at the end of such sixty (60) day period such Force Majeure event shall still continue, this Agreement shall automatically terminate. Upon such termination for a Force Majeure event, neither Party shall have any liability to the other, subject to Section 17.10 (Survival). By mutual agreement of the Parties, any System damaged or destroyed by a Force Majeure event may be replaced by Supplier within the time frames set forth above and subsequent to replacement and upon commencement of operation of the replacement System all terms and conditions of this Agreement will remain in effect, including the remaining Term of this Agreement.
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Sources: Solar Power Purchase Agreement, Solar Power Purchase Agreement