SUNRUN’S DEFAULT; YOUR REMEDIES. In addition to any other remedies you have under this Agreement, if Sunrun (i) makes a general assignment for the benefit of creditors, files a petition in bankruptcy, appoints a trustee or receiver, or has all or substantially all of its assets subject to attachment, execution or other judicial seizure, or (ii) fails to perform an obligation under the Agreement and such failure continues beyond a period of ninety (90) days after we receive notice of such failure (provided, in each case, this Agreement is otherwise in full force and effect prior to such event), you will have the option to purchase the Solar System as set forth in Section G(4). If (i) Sunrun makes a general assignment for the benefit of creditors, files a petition in bankruptcy, appoints a trustee or receiver, or has all or substantially all of its assets subject to attachment, execution or other judicial seizure and (ii) the Solar System is not in service and (iii) such failure of the Solar System to operate causes the Utility to require that you pay to the Utility a portion of the rebate previously paid to Sunrun ("Utility Damages"), then you shall be entitled to liquidated damages in an amount equal to the Utility Damages. In the event that you elect to exercise the purchase option granted pursuant to Section G(4), then the purchase price shall be reduced by the amount of the Utility Damages.
Appears in 4 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
