Common use of Remediation Clause in Contracts

Remediation. (a) Seller shall resolve any Remediation Event within the Remediation Period. Within ten (10) days of the date of the first occurrence of any Remediation Event, Seller shall provide a Safety Remediation Plan to Buyer for Buyer’s review. (i) Following the occurrence of any Remediation Event, Seller shall also provide an Attestation to Buyer for Buyer’s review and acceptance. Seller shall cooperate, and cause each of its Contractors to cooperate, with Buyer in order for Seller to provide an Attestation, in a form and level of detail that is reasonably acceptable to Buyer which incorporates information, analysis, investigations or documentation, as applicable or as reasonably requested by Buyer. (b) Seller’s failure to resolve a Remediation Event by obtaining Xxxxx’s written acceptance of the Attestation within the Remediation Period is a material breach of this Agreement; provided, however, that Seller may request to extend the Remediation Period by up to ninety (90) days. Buyer shall not unreasonably withhold approval of such extension. Seller may request an additional extension of the Remediation Period of up to ninety (90) days, which Buyer may approve in its sole discretion. The Remediation Period will not, under any circumstance, continue for more than two-hundred and seventy (270) days from the first occurrence of the Remediation Event. The number of days of the Buyer Remediation Review Period shall not be included in calculating the number of days of the Remediation Period. The Initial Delivery Date shall not occur during a Remediation Period.

Remediation. (a) Seller shall resolve any Remediation Event within the Remediation Period. Within ten (10) days of the date of the first occurrence of any Remediation Event, Seller shall provide a Safety Remediation Plan to Buyer for Buyer’s review. (i) In the event the Seller determines that a Remediation Event could or may affect, implicate or impact other Sites, in addition to the Site where the Remediation Event occurred (as applicable), then Seller shall also identify such other effects, implications or impacts on the other Sites and include in the Safety Remediation Plan a plan to address or resolve the circumstances of the Remediation Event at such other Sites. Further, if the Remediation Event is an occurrence of an Exigent Circumstance with respect to a Site, then Seller shall not deliver and Buyer will not accept, Product from such Site(s) until such Remediation Event is resolved in accordance with this Section 12.4. (ii) Following the occurrence of any Remediation Event, Seller shall also provide an Attestation to Buyer for Buyer’s review and acceptance. Seller shall cooperate, and cause each of its Contractors to cooperate, with Buyer in order for Seller to provide an Attestation, in a form and level of detail that is reasonably acceptable to Buyer which incorporates information, analysis, investigations or documentation, as applicable or as reasonably requested by Buyer. (b) Seller’s failure to resolve a Remediation Event by obtaining Xxxxx’s written acceptance of the Attestation within the Remediation Period is a material breach of this Agreement; provided, however, that Seller may request to extend the Remediation Period by up to ninety (90) days. Buyer shall not unreasonably withhold approval of such extension. Seller may request an additional extension of the Remediation Period of up to ninety (90) days, which Buyer may approve in its sole discretion. The Remediation Period will not, under any circumstance, continue for more than two-hundred and seventy (270) days from the first occurrence of the Remediation Event. The number of days of the Buyer Remediation Review Period shall not be included in calculating the number of days of the Remediation Period. The Initial Delivery Date shall not occur during a Remediation Period.

Remediation. (a) Seller shall resolve any Remediation Event within the Remediation Period. Within ten (10) days of the date of the first occurrence of any Remediation Event, Seller shall provide a Safety Remediation Plan to Buyer for Buyer’s review. (i) Following the occurrence of any Remediation Event, Seller shall also provide an Attestation to Buyer for Buyer’s review and acceptance. Seller shall cooperate, and cause each of its Contractors to cooperate, with Buyer in order for Seller to provide an Attestation, in a form and level of detail that is reasonably acceptable to Buyer which incorporates information, analysis, investigations or documentation, as applicable or as reasonably requested by Buyer. (b) Seller’s failure to resolve a Remediation Event by obtaining XxxxxBuyer’s written acceptance of the Attestation within the Remediation Period is a material breach of this Agreement; provided, however, that Seller may request to extend the Remediation Period by up to ninety (90) days. Buyer shall not unreasonably withhold approval of such extension. Seller may request an additional extension of the Remediation Period of up to ninety (90) days, which Buyer may approve in its sole discretion. The Remediation Period will not, under any circumstance, continue for more than two-hundred and seventy (270) days from the first occurrence of the Remediation Event. The number of days of the Buyer Remediation Review Period shall not be included in calculating the number of days of the Remediation Period. The Initial Delivery Date shall not occur during a Remediation Period.

Remediation. (a) Seller shall resolve any Remediation Event within the Remediation Period. Within ten (10) days of after the date of the first occurrence of any Remediation Event, Seller shall provide a Safety Remediation Plan to Buyer for Buyer’s review. (i) Following the occurrence of any Remediation Event, Seller shall also provide an Attestation to Buyer for Buyer’s review and acceptance. Seller shall cooperate, and cause each of its Contractors to cooperate, with Buyer in order for Seller to provide an Attestation, in a form and level of detail that is reasonably acceptable to Buyer which incorporates information, analysis, investigations or documentation, as applicable or as reasonably requested by Buyer. (b) Seller’s failure to resolve a Remediation Event by obtaining Xxxxx’s written acceptance of the Attestation within the Remediation Period is a material breach of this Agreement; provided, however, that Seller may request to extend the Remediation Period by up to ninety (90) days. Buyer shall not unreasonably withhold approval of such extension. Seller may request an additional extension of the Remediation Period of up to ninety (90) days, which Buyer may approve in its sole discretion. The Remediation Period will not, under any circumstance, continue for more than two-hundred and seventy (270) days from the first occurrence of the Remediation Event. The number of days of the Buyer Remediation Review Period shall not be included in calculating the number of days of the Remediation Period. The Initial Delivery Date shall not occur during a Remediation Period.

Remediation. (a) Seller shall resolve any Remediation Event within the Remediation Period. Within ten (10) days of the date of the first occurrence of any Remediation Event, Seller shall provide a Safety Remediation Plan to Buyer for Buyer’s review. (i) . If the Remediation Event is an occurrence of an Exigent Circumstance with respect to the Facility or the Site, then Seller shall not deliver and Buyer will not accept, Product from the Facility until such Remediation Event is resolved in accordance with this Section 6.5. Following the occurrence of any Remediation Event, Seller shall also provide an Attestation attestation to Buyer for Buyer’s review and acceptance. Seller shall cooperate, and cause each of its Contractors to cooperate, cooperate with Buyer in order for Seller to provide an Attestationattestation, in a form and level of detail that is reasonably acceptable to Buyer which incorporates information, analysis, investigations or documentation, as applicable or as reasonably requested by Buyer. (b) Xxxxx. Seller’s failure to resolve a Remediation Event, other than due to the occurrence of a Force Majeure Event as described in this Section 6.5(d)(iv), by obtaining XxxxxBuyer’s written acceptance of the Attestation within the Remediation Period is a material breach of this Agreement; provided, however, provided that that Seller may request to extend the Remediation Period by up to ninety (90) days. Buyer shall not unreasonably withhold approval of such extension. Seller may request an additional extension of the Remediation Period of up to ninety (90) days, which Buyer may approve in its sole discretion. The Except as the result of a Force Majeure Event, the Remediation Period will not, under any circumstance, not continue for more than two-hundred and seventy (270) days from the first occurrence of the Remediation Event. The number of days of the Buyer Remediation Review Period shall not be included in calculating the number of days of the Remediation Period. The Initial Delivery Commercial Operation Date shall not occur during a Remediation Period. If Seller provides Notice to Buyer, in compliance with Section 10.3, demonstrating that a Remediation Event is a Force Majeure Event, and that Seller’s ability to resolve the Remediation Event is prevented by the Force Majeure Event, then the Remediation Period shall be extended on a day-for-day basis until Seller is no longer prevented from resolving the Remediation Event by the Force Majeure Event. This Section does not limit, reduce, or otherwise modify any rights of remedies of Buyer under any other provisions of this Agreement.

Remediation. (a) Seller shall resolve any Remediation Event within the Remediation Period. Within ten (10) days of after the date of the first occurrence of any Remediation Event, Seller shall provide a Safety Remediation Plan to Buyer for Buyer’s review. (i) Following the occurrence of any Remediation Event, Seller shall also provide an Attestation Attestations to Buyer for Buyer’s review and acceptance. Seller shall cooperate, and cause each of its Contractors to cooperate, with Buyer in order for Seller to provide an AttestationAttestations, in a form and level of detail that is reasonably acceptable to Buyer which incorporates information, analysis, investigations or documentation, as applicable or as reasonably requested by Buyer. (b) Seller’s failure to resolve a Remediation Event by obtaining Xxxxx’s written acceptance of the Attestation Attestations within the Remediation Period is a material breach of this Agreement; provided, however, that Seller may submit a written request to Buyer to extend the Remediation Period by up to ninety (90) days. Buyer shall not unreasonably withhold approval of such extension. Seller may submit a written request to Buyer for an additional extension of the Remediation Period of up to ninety (90) days, which Buyer may approve in its sole discretion. The Remediation Period will not, under any circumstance, continue for more than two-hundred and seventy (270) days from the first occurrence of the Remediation Event. The number of days of the Buyer Buyer’s Remediation Review Period shall not be included in calculating the number of days of the Remediation Period. The Initial Delivery Date shall not occur during a Remediation Period. (i) If the occurrence of a Remediation Event involves physical damage to the Project that causes the Product delivered from the Project, as demonstrated by the Confirmed Quantity, to average less than fifty percent (50%) of the Payment Quantity over the initial ninety (90) day Remediation Period, then, for any additional Remediation Period approved by Buyer between ninety (90) days after the first occurrence of a Remediation Event and two-hundred and seventy (270) days from the first occurrence of the Remediation Event, and to the extent the physical damage to the Project during such Remediation Event continues to cause the Product delivered from the Project, as demonstrated by the Confirmed Quantity, to average less than fifty percent (50%) of the Payment Quantity over a thirty (30) day period, the Energy Settlement pursuant to Section 6.2 shall be calculated based on the Confirmed Quantity (FQm) rather than the Payment Quantity (PQm).

Remediation. (a) Seller shall resolve any Remediation Event within the Remediation Period. Within ten (10) days of after the date of the first occurrence of any Remediation Event, Seller shall provide a Safety Remediation Plan to Buyer for Buyer’s review. (i) Following the occurrence of any Remediation Event, Seller shall also provide an Attestation Attestations to Buyer for Buyer’s review and acceptance. Seller shall cooperate, and cause each of its Contractors to cooperate, with Buyer in order for Seller to provide an AttestationAttestations, in a form and level of detail that is reasonably acceptable to Buyer which incorporates information, analysis, investigations or documentation, as applicable or as reasonably requested by Buyer. (b) Seller’s failure to resolve a Remediation Event by obtaining Xxxxx’s written acceptance of the Attestation Attestations within the Remediation Period is a material breach of this Agreement; provided, however, that Seller may submit a written request to Buyer to extend the Remediation Period by up to ninety (90) days. Buyer shall not unreasonably withhold approval of such extension. Seller may submit a written request to Buyer for an additional extension of the Remediation Period of up to ninety (90) days, which Buyer may approve in its sole discretion. The Remediation Period will not, under any circumstance, continue for more than two-hundred and seventy (270) days from the first occurrence of the Remediation Event. The number of days of the Buyer Buyer’s Remediation Review Period shall not be included in calculating the number of days of the Remediation Period. The Initial Delivery Date shall not occur during a Remediation Period.

Remediation. (a) Seller shall resolve any Remediation Event within the Remediation Period. Within ten (10) days of the date of the first occurrence of any Remediation Event, Seller shall provide a Safety Remediation Plan to Buyer for Buyer’s review. (i) In the event the Seller determines that a Remediation Event could or may affect, implicate or impact other Sites, in addition to the Site where the Remediation Event occurred (as applicable), then Seller shall also identify such other effects, implications or impacts on the other Sites and include in the Safety Remediation Plan a plan to address or resolve the circumstances of the Remediation Event at such other Sites. Further, if the Remediation Event is an occurrence of an Exigent Circumstance with respect to a Site, then Seller shall not deliver and Buyer will not accept Product from such Site(s) until such Remediation Event is resolved in accordance with this Section 12.4. (ii) Following the occurrence of any Remediation Event, Seller shall also provide an Attestation to Buyer for Buyer’s review and acceptance. Seller shall cooperate, and cause each of its Contractors to cooperate, with Buyer in order for Seller to provide an Attestation, in a form and level of detail that is reasonably acceptable to Buyer which incorporates information, analysis, investigations or documentation, as applicable or as reasonably requested by Buyer. (b) Seller’s failure to resolve a Remediation Event by obtaining Xxxxx’s written acceptance of the Attestation within the Remediation Period is a material breach of this Agreement; provided, however, that Seller may request to extend the Remediation Period by up to ninety (90) days. Buyer shall not unreasonably withhold approval of such extension. Seller may request an additional extension of the Remediation Period of up to ninety (90) days, which Buyer may approve in its sole discretion. The Remediation Period will not, under any circumstance, continue for more than two-two- hundred and seventy (270) days from the first occurrence of the Remediation Event. The number of days of the Buyer Remediation Review Period shall not be included in calculating the number of days of the Remediation Period. The Initial Delivery Date shall not occur during a Remediation Period.

Remediation. (a) Seller shall resolve any Remediation Event within the Remediation Period. Within ten (10) days of after the date of the first occurrence of any Remediation Event, Seller shall provide a Safety Remediation Plan to Buyer for Buyer’s review. (i) In the event the Seller determines that a Remediation Event could or may affect, implicate or impact other Sites, in addition to the Site where the Remediation Event occurred (as applicable), then Seller shall also identify such other effects, implications or impacts on the other Sites and include in the Safety Remediation Plan a plan to address or resolve the circumstances of the Remediation Event at such other Sites. Further, if the Remediation Event is an occurrence of an Exigent Circumstance with respect to a Site, then Seller shall not deliver and Buyer will not accept, Product from such Site(s) until such Remediation Event is resolved in accordance with this Section 12.4. (ii) Following the occurrence of any Remediation Event, Seller shall also provide an Attestation to Buyer for Buyer’s review and acceptance. Seller shall cooperate, and cause each of its Contractors to cooperate, with Buyer in order for Seller to provide an Attestation, in a form and level of detail that is reasonably acceptable to Buyer which incorporates information, analysis, investigations or documentation, as applicable or as reasonably requested by Buyer. (b) Seller’s failure to resolve a Remediation Event by obtaining Xxxxx’s written acceptance of the Attestation within the Remediation Period is a material breach of this Agreement; provided, however, that Seller may request to extend the Remediation Period by up to ninety (90) days. Buyer shall not unreasonably withhold approval of such extension. Seller may request an additional extension of the Remediation Period of up to ninety (90) days, which Buyer may approve in its sole discretion. The Remediation Period will not, under any circumstance, continue for more than two-hundred and seventy (270) days from the first occurrence of the Remediation Event. The number of days of the Buyer Remediation Review Period shall not be included in calculating the number of days of the Remediation Period. The Initial Delivery Date shall not occur during a Remediation Period.

Remediation. 3.2.1 Seller hereby certifies that it has delivered the most current version of the Software, in source code form, and Documentation to the Code Reviewer via file transfer protocol or other means of electronic delivery specified by Purchaser. 3.2.2 Seller shall take all corrective action and otherwise remediate the Software and Product Documentation in accordance with the Remediation Plan. Seller shall use its best commercially reasonable efforts to complete remediation of any issues in the Software and Product Documentation designated in the Remediation Plan with: (A) a priority level zero (P0) or priority level one (P1) (“Initial Remediation”) by the Closing Date or such other date agreed upon by the Parties; and (B) a priority level greater than priority level one (P1) in the Remediation Plan (“Additional Remediation”) no later than the Outside Date. 3.2.3 Upon completion of the Initial Remediation, Seller shall deliver to the Code Reviewer, via file transfer protocol or other means of electronic delivery to a server designated by Purchaser, a complete copy of the remediated Software, in source code form, and Product Documentation for verification that Seller has completed the Initial Remediation in accordance with the Remediation Plan. If the Code Reviewer reasonably determines that the Initial Remediation has been completed in accordance with the Remediation Plan, the Code Reviewer shall give the Parties written notice thereof. If the Code Reviewer reasonably determines that the Initial Remediation has not been completed in accordance with the Remediation Plan, then the Code Reviewer shall give the Parties written notice thereof, including a detailed description of the non-compliances and the action(s) required to correct the non-compliances. In such event, Seller shall use its best commercially reasonable efforts to promptly correct the non-compliances as indicated by the Code Reviewer, and resubmit the remediated Software to the Code Reviewer. Unless otherwise agreed upon by the Parties, this process shall be repeated until the Code Reviewer reasonably determines that the Initial Remediation has been completed in accordance with the Remediation Plan. Upon the Code Reviewer’s determination that the Initial Remediation has been completed in accordance with the Remediation Plan, then Seller shall deliver to Purchaser: (a) Seller shall resolve any Remediation Event within the Remediation Period. Within ten (10) days a true, correct and complete copy of the date remediated Software via file transfer protocol or other means of the first occurrence of any Remediation Event, Seller shall provide a Safety Remediation Plan to Buyer for Buyer’s review. (i) Following the occurrence of any Remediation Event, Seller shall also provide an Attestation to Buyer for Buyer’s review and acceptance. Seller shall cooperate, and cause each of its Contractors to cooperate, with Buyer in order for Seller to provide an Attestation, in a form and level of detail that is reasonably acceptable to Buyer which incorporates information, analysis, investigations or documentation, as applicable or as reasonably requested electronic delivery specified by Buyer.Purchaser; and (b) a Remediation Certificate for the Initial Remediation duly executed by Seller. Purchaser shall be responsible for taking all necessary actions to ensure that the Code Reviewer does not unreasonably withhold or delay its determination that the Initial Remediation has been completed in accordance with the Remediation Plan. 3.2.4 Purchaser shall have a period of five (5) Business Days after receipt of the remediated Software, Documentation and the Remediation Certificate in accordance with Section 3.2.3 to review such remediated Software and Documentation for compliance with the Initial Remediation requirements of the Remediation Plan, Seller’s failure to resolve a Remediation Event by obtaining Xxxxx’s written acceptance of representations and warranties set forth in Section 2.1 and the Attestation within the Remediation Period is a material breach other requirements of this Agreement; provided. If Purchaser gives Seller written notice of any non-compliance within such review period, howeverthen Seller shall use its best commercially reasonable efforts to promptly correct the non-compliance, that and resubmit the corrected Software and/or Documentation to Purchaser. This process shall be repeated until Purchaser accepts the remediated Software and Documentation by giving Seller may request written notice thereof, which notice shall not be unreasonably withheld or delayed. Further, if Microsoft and Fullscope Confidential Information Purchaser does not give Seller written notice of any non-compliance within five (5) Business Days after receipt of any version of the remediated Software and Documentation under Section 3.2.3 or this Section 3.2.4, then Purchaser shall be deemed to extend have accepted such version of the Remediation Period by up to ninety (90) daysSoftware and Documentation for purposes of this Section 3.2.4. Buyer Purchaser shall not unreasonably withhold approval of such extension. Seller may request an additional extension or delay its acceptance of the Initial Remediation Period and confirmation that the Initial Remediation has been completed in accordance with the Remediation Plan. For the avoidance of up doubt, acceptance under this Section 3.2.4 shall not constitute, or be interpreted or construed as, (a) Purchaser’s acknowledgement or agreement that the Software and/or Documentation is compliant with any of the requirements of this Agreement or (b) a waiver or other relinquishment, to ninety (90) daysany extent, which Buyer may approve in its sole discretion. The Remediation Period will not, of any right or remedy of Purchaser under any circumstanceprovision of this Agreement (including Seller’s representations and warranties under Section 2.1), continue for more than two-hundred and seventy (270) days from the first occurrence applicable law or otherwise. 3.2.5 Upon completion of the Remediation Event. The number Additional Remediation, Seller shall deliver to Purchaser, via file transfer protocol or other means of days electronic delivery to a server designated by Purchaser, a copy of those portions of the Buyer Software, in source code form, and Product Documentation that were remediated in the Additional Remediation, for verification that Seller has completed the Additional Remediation Review Period in accordance with the Remediation Plan. If Purchaser determines that the Additional Remediation has been completed in accordance with the Remediation Plan, Purchaser shall give Seller written notice thereof. If Purchaser determines that the Additional Remediation has not been completed in accordance with the Remediation Plan, then Purchaser shall give Seller written notice thereof, including a detailed description of the non-compliances and the action(s) required to correct the non-compliances. In such event, Seller shall use its best commercially reasonable efforts to promptly correct the non-compliances as indicated by Purchaser, and resubmit the remediated Software and Product Documentation to Purchaser. Unless otherwise agreed upon by the Parties, this process shall be repeated until Purchaser determines that the Additional Remediation has been completed in accordance with the Remediation Plan. Upon Purchaser’s determination that the Additional Remediation has been completed in accordance with the Remediation Plan, then Seller shall deliver to Purchaser: (a) a true, correct and complete copy of the remediated portions of the Software and Product Documentation via file transfer protocol or other means of electronic delivery specified by Purchaser; and (b) a Remediation Certificate for the Additional Remediation duly executed by Seller. Purchaser shall not be included unreasonably withhold or delay its determination that the Additional Remediation has been completed in calculating the number of days of accordance with the Remediation Period. The Initial Delivery Date shall not occur during a Remediation PeriodPlan.

Remediation. (ai) Seller shall make commercially reasonable efforts to resolve any Remediation Event within the Remediation Period. Within ten (10) days of the date of the first occurrence of any Remediation Event, Seller shall provide a Safety Remediation Plan to Buyer for Buyer’s review. (iii) If the Remediation Event is an occurrence of an Exigent Circumstance with respect to the Project or the Site, then Seller shall not deliver and Buyer will not accept, Product from the Project until such Remediation Event is resolved in accordance with this Section 6.5. (iii) Following the occurrence of any Remediation Event, Seller shall also provide an Attestation attestation to Buyer for Buyer’s review and acceptancereview. Seller shall cooperate, and cause each of its Contractors to cooperate, cooperate with Buyer in order for Seller to provide an Attestationattestation, in a form and level of detail that is reasonably acceptable to Buyer which incorporates information, analysis, investigations or documentation, as applicable or as reasonably requested by Xxxxx. Within thirty (30) days of receiving an attestation from Seller, Buyer may provide Seller with a Notice that identifies any deficiencies in the attestation. Seller shall provide a revised attestation responding to the identified deficiencies within thirty (30) days of receiving such Notice from Buyer. (biv) Seller’s failure to resolve a Remediation Event, other than due to the occurrence of a Force Majeure Event by obtaining Xxxxx’s written acceptance of the Attestation as described in this Section 6.5(d)(iv), within the Remediation Period is a material breach of this Agreement; provided, however, provided that that Seller may request to extend the Remediation Period by up to ninety (90) days, or if the Remediation Event is not reasonably capable of being resolved within such ninety (90) day period, then Seller may request to extend the Remediation Period by such reasonable period. Buyer shall not unreasonably withhold approval of such extension. Seller may request an additional extension of the Remediation Period of up to ninety (90) days, which Buyer may approve in its sole discretion. The Except as the result of a Force Majeure Event, the Remediation Period will not, under any circumstance, not continue for more than two-hundred and seventy (270) days from the first occurrence of the Remediation Event. The number of days of the Buyer Remediation Review Period shall not be included in calculating the number of days of the Remediation Period. The Initial Delivery Commercial Operation Date shall not occur during a Remediation Period. If Seller provides Notice to Buyer, in compliance with Section 10.3, demonstrating that a Remediation Event is a Force Majeure Event, and that Seller’s ability to resolve the Remediation Event is prevented by the Force Majeure Event, then the Remediation Period shall be extended on a day-for-day basis until Seller is no longer prevented from resolving the Remediation Event by the Force Majeure Event. This Section does not limit, reduce, or otherwise modify any rights of remedies of Buyer under any other provisions of this Agreement.

Remediation. (a) Seller shall resolve any Remediation Event within the Remediation Period. Within ten (10) days of after the date of the first occurrence of any Remediation Event, Seller shall provide a Safety Remediation Plan to Buyer for Buyer’s review. (i) Following the occurrence of any Remediation Event, Seller shall also provide an Attestation to Buyer for Buyer’s review and acceptance. Seller shall cooperate, and cause each of its Contractors to cooperate, with Buyer in order for Seller to provide an Attestation, in a form and level of detail that is reasonably acceptable to Buyer which incorporates information, analysis, investigations or documentation, as applicable or as reasonably requested by Buyer. (b) Seller’s failure to resolve a Remediation Event by obtaining Xxxxx’s written acceptance of the Attestation within the Remediation Period is a material breach of this Agreement; provided, however, that Seller may submit a written request to Buyer to extend the Remediation Period by up to ninety (90) days. Buyer shall not unreasonably withhold approval of such extension. Seller may submit a written request to Buyer for an additional extension of the Remediation Period of up to ninety (90) days, which Buyer may approve in its sole discretion. The Remediation Period will not, under any circumstance, continue for more than two-hundred and seventy (270) days from the first occurrence of the Remediation Event. The number of days of the Buyer Buyer’s Remediation Review Period shall not be included in calculating the number of days of the Remediation Period. The Initial Delivery Date shall not occur during a Remediation Period.

Remediation. (a) Seller shall resolve any Remediation Event within the Remediation Period. Within ten (10) days of the date of the first occurrence of any Remediation Event, Seller shall provide a Safety Remediation Plan to Buyer for Buyer’s review. (i) Following the occurrence of any Remediation Event, Seller shall also provide an Attestation to Buyer for Buyer’s review and acceptance. Seller shall cooperate, and cause each of its Contractors to cooperate, with Buyer in order for Seller to provide an Attestation, in a form and level of detail that is reasonably acceptable to Buyer which incorporates information, analysis, investigations or documentation, as applicable or as reasonably requested by Buyer. (b) Seller’s failure to resolve a Remediation Event by obtaining XxxxxBuyer’s written acceptance of the Attestation within the Remediation Period is a material breach of this Agreement; provided, however, that Seller may request to extend the Remediation Period by up to ninety (90) days. Buyer shall not unreasonably withhold approval of such extension. Seller may request an additional extension of the Remediation Period of up to ninety (90) days, which Buyer may approve in its sole discretion. The Remediation Period will not, under any circumstance, continue for more than two-two- hundred and seventy (270) days from the first occurrence of the Remediation Event. The number of days of the Buyer Remediation Review Period shall not be included in calculating the number of days of the Remediation Period. The Initial Delivery Date shall not occur during a Remediation Period.

Remediation. (a) Seller shall resolve any Remediation Event within the Remediation Period. Within ten (10) days of the date of the first occurrence of any Remediation Event, Seller shall provide a Safety Remediation Plan to Buyer for Buyer’s review. (i) In the event the Seller determines that a Remediation Event could or may affect, implicate or impact other Sites, in addition to the Site where the Remediation Event occurred (as applicable), then Seller shall also identify such other effects, implications or impacts on the other Sites and include in the Safety Remediation Plan a plan to address or resolve the circumstances of the Remediation Event at such other Sites. Further, if the Remediation Event is an occurrence of an Exigent Circumstance with respect to a Site, then Seller shall not deliver and Buyer will not accept, Product from such Site(s) until such Remediation Event is resolved in accordance with this Section 12.4. (ii) Following the occurrence of any Remediation Event, Seller shall also provide an Attestation to Buyer for Buyer’s review and acceptance. Seller shall cooperate, and cause each of its Contractors to cooperate, with Buyer in order for Seller to provide an Attestation, in a form and level of detail that is reasonably acceptable to Buyer which incorporates information, analysis, investigations or documentation, as applicable or as reasonably requested by Buyer. (b) Seller’s failure to resolve a Remediation Event by obtaining Xxxxx’s written acceptance of the Attestation within the Remediation Period is a material breach of this Agreement; provided, however, that Seller may request to extend the Remediation Period by up to ninety (90) days. Buyer shall not unreasonably withhold approval of such extension. Seller may request an additional extension of the Remediation Period of up to ninety (90) days, which Buyer may approve in its sole discretion. The Remediation Period will not, under any circumstance, continue for more than two-two- hundred and seventy (270) days from the first occurrence of the Remediation Event. The number of days of the Buyer Remediation Review Period shall not be included in calculating the number of days of the Remediation Period. The Initial Delivery Date shall not occur during a Remediation Period.