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SCHEDULE 2 - STANDARD CONTRACTS <br />interconnected to the s distribution system within twelve months of the <br />contract being signed by the QF and the Utility,the contract terminates. The QF <br />and the Utilitymay delay termination by mutual agreement. <br />17.Neither the QF nor the Utility will be considered in default as to any obligation if the <br />QF or the Utility is prevented from fulfilling the obligation due to an act of God, labor <br />disturbance, act of public enemy, war, insurrection, riot, fire, storm or flood, <br />explosion, breakage or accident to machinery or equipment, an order, regulation or <br />restriction imposed by governmental, military or lawfully established civilian <br />Utility. However, the QF or <br />Utility whose performance under this contract is hindered by such an event shall <br />make all reasonable efforts to perform its obligations. <br />18.This contract can only be amended or modified by mutual agreement in writing <br />signed by the QF and the Utility. <br />19.The QF must notify the Utilityprior to any change in the electric generating <br />according to the interconnection <br />processadopted by the Utility. <br />20.Termination of this contract is allowed (i) by the QF at any time without restriction; <br />(ii) by Mutual Agreement between the Utilityand the QF; (iii) upon abandonment or <br />removal of electric generating facilities by the QF; (iv) bythe Utility if the electric <br />generating facilities are continuously non-operational for any twelve (12) <br />consecutive month period; (v) by the Utilityif the QF fails to comply with applicable <br />interconnection design requirements or fails to remedy a violation of the <br />interconnection process; or (vi) by the Utility upon breach of this contract by the QF <br />unless cured with notice of cure received by the Utility prior to termination. <br />21.In the event this contract is terminated, the Utility shall have the rights to disconnect <br />its facilities or direct the QF to disconnect its generating facilities. <br />22.This contract shall continue in effect after termination to the extent necessary to <br />allow either the Utility or the QF to fulfill rights or obligations that arose under the <br />contract. <br />23.Transfer of ownership of the generating facilities shall require the new owners and <br />the Utility to execute a new contract. Upon the execution of a new contract with the <br />new owners this contract shall be terminated. <br />24.The QF and the Utilityshall at all times indemnify, defend, and save each other <br />harmless from any and all damages, losses, claims, including claims and actions <br />relating to injury or death of any person or damage to property, costs and <br />court costs, arising out of or resulting <br />Utilitycontract, <br />4 <br />96 <br /> <br />