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8.A. - Page 41 <br /> (iii) Local Electric Utility transmission system or distribution system outage or failure <br /> not caused by Seller or Seller activities; <br /> (iv) war, riot, acts of a public enemy or other civil disturbance; <br /> (v) strike, walkout, lockout or other significant labor dispute; <br /> (vi) theft, vandalism, accidents, or construction related power interruptions and <br /> mechanical moves; and <br /> (vii) a Budgetary Non-Appropriation Event (as defined in Section (d) below) <br /> (c) Exclusion. "Force Majeure Event" does not include the following: <br /> (i) economic hardship of either Party except pursuant to 8.1(d); <br /> (ii) an Outage,except if caused directly by an event or circumstance that meets the <br /> requirements set forth in this Article 8.1; <br /> (iii) failure or delay in the granting of Permits; <br /> (iv)failures or delays by the Local Electric Utility in entering into,or performing under, <br /> all agreements with Seller contemplated by this Agreement; <br /> (v) insufficiency, unavailability,failure, or diminishment of solar resource, except as a <br /> result of an event that would otherwise qualify as a Force Majeure Event <br /> (d) Notwithstanding anything to the contrary, due to the constitutional limitations on <br /> Buyer it may choose not to appropriate funds for the procurement of any utility <br /> services for Buyer for a particular fiscal year(a "Budgetary Non-Appropriation Event"). <br /> During a Budgetary Non-Appropriation Event, if the Buyer does not otherwise have <br /> other funds available to make payments otherwise due under this Agreement, the <br /> Buyer is not obligated to pay for (and the Seller shall not be required to deliver) any <br /> services provided under this Agreement until the Budgetary Non-Appropriation Event <br /> has terminated; provided that Buyer shall reimburse Seller for payments of any <br /> energy delivered during a Budgetary Non-Appropriation Event if funds for utility <br /> services are appropriated retroactively. Buyer agrees that it shall use its best efforts <br /> to seek appropriation for utility services during the term of this Agreement. If a <br /> Budgetary Non- Appropriation Event continues for more than 180 days, Seller (but <br /> not Buyer) may terminate this Agreement. <br /> 8.2 Conditions <br /> (a) In addition to the conditions set forth in Article 8.1(a) above, a Party may rely on a <br /> claim of a Force Majeure Event to excuse its performance only to the extent that such <br /> Party: <br /> ATTY/AGR/201$.012/POWER PURCHASE AGREEMENT-CEI SOLAR ONE LLC <br /> REV:01-21-15 MLG <br /> Page 33 of 55 <br />