(c) Expenditures. Make or consent or agree to make any expenditure for
equipment, materials, assets or other items which would be a Reimbursable Cost, except
in conformity with the Annual Budget; provided, however, that solely in connection with
actions taken by Operator pursuant to Sections 3.8 (Emergency), 3.9 (Extraordinary
Circumstances), Operator may, without prior approval from Owner, make limited
expenditures outside the Annual Budget in accordance with those provisions;
(d) Other Actions. Take or agree to take any other action that materially varies
from the applicable Annual Project Operating Plan, Annual Budget or the requirements
of any Project Agreement;
(e) Lawsuits and Settlements. Settle, compromise, assign, pledge, transfer, release
or consent to the compromise, assignment, pledge, transfer or release of, any claim, suit,
debt, demand or judgment against or due by, Owner or Operator, the cost of which, in the
case of Operator, would be a Reimbursable Cost hereunder, or submit any such claim,
dispute or controversy to arbitration or judicial process, or stipulate in respect thereof to a
judgment, or consent to do the same;
(f) Liens. Create, incur or assume any lien upon the Project;
(g) Transactions on Behalf of Others. Engage in any other transaction on behalf of
Owner or any other person or entity not expressly authorized by this Agreement or that
violates applicable Laws, this Agreement or any Project Agreement; or
(h) Agreements. Enter into any agreement to do any of the foregoing.
Section 7.2 - Execution Of Documents. Any agreement, contract, notice or other
document that is expressly permitted hereunder (or under written approval of Owner) to
be executed by Operator shall be executed by the authorized representative of Operator
or, subject to prior written notice to Owner, by such other representative of Operator who
is authorized and empowered by Operator to execute such documents.
ARTICLE 8
TERM AND TERMINATION
Section 8.1 - Term. See Section 1.2.
Section 8.2 - Immediate Termination By Owner. Subject to the terms of any
Project Agreements, Owner may terminate this Agreement immediately (i) upon the
Bankruptcy of Operator or (ii) upon the occurrence of a Force Majeure Event that is not
remedied within 120 days of its initial occurrence. If the Agreement is terminated by
Owner pursuant to Section 8.2(i) or 8.2(ii), Operator shall be compensated for all
Reimbursable Costs incurred by Operator to and including the date of termination. In
addition, if the Agreement is terminated by Owner pursuant to Section 8.2(ii), Operator
shall be paid all unpaid Annual Administrative Fees to and including the date of
termination.
Section 8.3 - Termination Upon Notice By Owner. Subject to the terms of any
Project Agreements, Owner may terminate this Agreement upon 15 days prior written
notice to Operator in the event (i) that Operator violates, or consents to a violation of, any
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