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(iiij Local Electric Utility transmission system or distribution system outage or failure not caused by Seller or Seller activities; (iv) war, riot, acts of a public enemy or other civil disturbance; (v) strike, walkout, lockout or other significant labor dispute; (vi) theft, vandalism, accidents, or construction related power interruptions and mechanical moves; and (vii) a Budgetary Non-Appropriation Event(as defined in Section (d) below) (c) Exclusion. "Force Majeure Event" does not include the following: (i) economic hardship of either Party except pursuant to 8.1(d); (ii) an Outage,except if caused directly by an event or circumstance that meets the requirements set forth in this Article 8.1; (iii) failure or delay in the granting of Permits; (iv) failures or delays by the Local Electric Utility in entering into,or performing under, all agreements with Seller contemplated by this Agreement; (v) insufficiency, unavailability,failure, or diminishment of solar resource,except as a result of an event that would otherwise qualify as a Force Majeure Event (d) Notwithstanding anything to the contrary, due to the constitutional limitations on Buyer it may choose not to appropriate funds for the procurement of any utility servicesfor Buyerfora particularfiscal year(a "Budgetary Non-Appropriation Event"). During a Budgetary Non-Appropriation Event, if the Buyer does not otherwise have other funds available to make payments otherwise due under this Agreement, the Buyer is not obligated to pay for (and the Seller shall not be required to deliver) any services provided under this Agreement until the Budgetary Non-Appropriation Event has terminated; provided that Buyer shall reimburse Seller for payments of any energy delivered during a Budgetary Non-Appropriation Event if funds for utility services are appropriated retroactively. Buyer agrees that it shall use its best efforts to seek appropriation for utility services during the term of this Agreement. If a Budgetary Non- Appropriation Event continues for more than 180 days, Seller (but not Buyer) may terminate this Agreement. 8.2 Conditions (a) In addition to the conditions set forth in Article 8.1(a) above, a Party may rely on a claim of a Force Majeure Event to excuse its performance only to the extent that such Pa rty: ATTY/AGR/2015.012/POWER PURCHASE AGREEMENT-CEI SOLAR ONE LLC REV:01-21-15 MLG Page 33 of 55