Operator Termination upon Change in Law. The Operator shall have the further right to terminate this Agreement upon a Change in Law. The Operator may terminate this Agreement by written notice to the District and the Termination Date shall be the later of (A) the effective date of such Change in Law and (B) the date specified in such notice; provided, however, that if the termination is based on a Material Change to the Agreement, (x) the Parties shall, for a period of two (2) months following the notice to the District, negotiate in good faith to restructure this Agreement in a manner that maintains, to the fullest extent practicable, the Operator in the same position as it would have been without regard to the Material Change to the Agreement and (y) the Termination Date specified in such notice shall be at least fourteen (14) months after delivery of such notice. Any termination of this Agreement by the Operator pursuant to this Section 9.1(a) shall require the payment of the Operator Termination Fee pursuant to Section 9.3 hereof.
Appears in 4 contracts
Samples: Construction, Operating and Cooperative Endeavor Agreement, Construction Agreement, Construction Agreement
