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8.A. - Page 46 <br /> 10.4 Limitation of Liabilities <br /> (a) Except as otherwise specifically and expressly provided in this Agreement, and except <br /> as may be included in the Early Termination Fee, neither Party shall be liable to the <br /> other Party under this Agreement for any indirect,special or consequential damages, <br /> including loss of use, loss of revenues, loss of profit, interest charges, cost of capital <br /> or claims of its buyers or members to which service is made. <br /> (b) Under no circumstances shall the non-defaulting Party be required to make a <br /> termination payment or any other payment to the defaulting Party (except for <br /> payments due under this Agreement for performance prior to termination). <br /> (c) To the extent an Event of Default occurs as to an individual Facility, but not all of the <br /> Generating Facilities,this Agreement will terminate as to such Facility and will remain <br /> in full force and effect as to any Facility not impacted by the default. <br /> 10.5 Effect of Termination -Survival of Obligations <br /> (a) Removal and Restoration. Unless the Parties otherwise mutually agree in writing, <br /> upon expiration of any Initial or Renewal Terms, or upon termination of this <br /> Agreement as to a Facility for any reason other than the exercise of the Purchase <br /> Option pursuant to Section 2.2, Seller shall disconnect and remove the Facility from <br /> the Project Site and shall remediate and restore the Project Site to the condition <br /> preceding the installation of the Facility at no cost to the Buyer. Within one hundred <br /> eighty (180) calendar days after payment of the Early Termination Fee, Seller shall <br /> remove the Facility and shall remediate and restore the Project Site to the condition <br /> preceding the installation of the Facility. If the Facility is located on Buyer's roof,Seller <br /> shall ensure that its removal shall not affect the integrity of the roof, including, <br /> without limitation, its leak proof capacity (other than ordinary wear and tear). Upon <br /> removal of the Facility, Seller shall leave the applicable site in broom-clean condition <br /> at no cost to the Buyer. Should Seller fail to comply with any obligation to remove the <br /> Facility and restore the Project Site as required herein, Buyer shall be entitled to draw <br /> on the Removal Fund in order to fulfill Seller's removal and restoration obligations <br /> herein, and if any such funds are exhausted, Buyer may exercise any remedies it may <br /> have at law or equity against Seller for failure to comply with the terms herein. <br /> (b) The following sections shall survive termination or expiration of this Agreement: <br /> (i) Obligations to pay by either Party that have accrued prior to termination or <br /> expiration <br /> (ii) Indemnification obligations <br /> (iii) Limitation of liability provisions <br /> (iv) Obligations to remove the Generating Facility and remediate the Project Site <br /> ATTY/AGR/2015.012/POWER PURCHASE AGREEMENT-CEI SOLAR ONE LLC <br /> REV:01-21-15 MLG <br /> Page 38 of 55 <br />