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8.A. - Page 28 <br /> (b) Seller's Rights to Terminate: In the event that any of the following events or <br /> circumstances occur prior to the Actual Commercial Operation Date for a Facility, <br /> Seller may(at its sole discretion)terminate this Agreement, subject to Sections 3.9(d) <br /> and (e), as to the Facility, in which case neither Party shall have any liability to the <br /> other Party as to the Facility: <br /> (i) Seller has not received a fully executed (i) Grant of Access Right(Schedule 1 to this <br /> Agreement), and (ii) a release or acknowledgement from any mortgagee of the <br /> Project Site, if required by Seller or Seller's Financing Party,to establish the priority <br /> of its security interest in the Facility. <br /> (c) Mutual Rights to Termination: Either Party shall have the right to terminate this <br /> Agreement, without liability to the other Party if: <br /> (i) Seller and Buyer mutually determine that the Project Site, as is, is insufficient <br /> to accommodate the Facility. <br /> (ii) Seller and Buyer mutually agree that there exist site conditions at the Project <br /> Site (including environmental conditions) or construction requirements that <br /> were not known as of the Effective Date and that could reasonably be expected <br /> to materially increase the cost of installing the Facility or would adversely <br /> affect the electricity production from the Facility as designed. <br /> (iii) Seller and Buyer have reasonably determined that there has been a material <br /> adverse change in the rights of the Buyer to occupy the Project Site or the <br /> Seller to construct the Facility on the Project Site. <br /> ARTICLE 4: DELIVERY OF POWER, METERING & MONITORING <br /> 4.1 Purchase & Sale <br /> (a) Commencing on the Actual Commercial Operation Date and continuing throughout <br /> the Term, subject to this Article 4, Seller shall sell and deliver at the Delivery Point, <br /> and Buyer shall purchase and accept from Seller at the Delivery Point,and pay for,the <br /> Output as follows: <br /> Energy Pricing: The pricing for each kilowatt hour(kWh) delivered to the Buyer at the <br /> Delivery Point during the Service Term in accordance with the pricing provisions set forth <br /> in Schedule 6 (Contract Price), attached hereto. <br /> (b) [Intentionally left blank]. <br /> (c) Meters <br /> (i) Meters. Seller shall provide and maintain a standard revenue grade metering and <br /> electronic data acquisition system at each solar installation constituting the Solar <br /> ATTY/AGR/2015.012/POWER PURCHASE AGREEMENT-CEI SOLAR ONE LLC <br /> REV:01-21-15 MLG <br /> Page 20 of 55 <br />