Termination Payment to Operator. In the event of a termination of this Agreement pursuant to Sections 8.1, 8.2, or 9.1 hereof, the District shall pay the Operator for (A) Wind- down Expenses, and (B) the applicable termination fee set forth on Appendix IV hereto (the “Operator Termination Fee”). If this Agreement terminates and as a result the District owes an Operator Termination Fee, but it will not have cash resources available to make such payment in full, the District agrees that it will promptly, and in any event within three hundred sixty-five (365) days of the date of the issuance of a notice of termination work with the Operator to agree upon an acceptable repayment plan, which may include: (i) seeking approval to issue bonds or other debt obligations in an amount sufficient to pay the termination payment or (ii) entering into another long-term operation and maintenance contract, in respect of the System that generates an up-front payment that, when combined with the other cash resources at the District’s disposal, is an amount sufficient to pay the Operator Termination Fee.
Termination Payment to Operator. In the event of a termination of this Agreement pursuant to Sections 8.1, 8.2, or 9.1 hereof, the District shall pay the Operator for (A) Wind-down Expenses, and (B) the applicable termination fee set forth on Appendix IV hereto (the “Operator Termination Fee”). If this Agreement terminates and as a result the District owes an Operator Termination Fee, but it will not have cash resources available to make such payment in full, the District agrees that it will promptly, and in any event within one hundred eighty (180) days of the date of the issuance of a notice of termination (i) issue bonds or other debt obligations in an amount sufficient to pay the termination payment or (ii) enter into another long-term operation and maintenance contract, in respect of the System that generates an up-front payment that, when combined with the other cash resources at the District’s disposal, is an amount sufficient to pay the Operator Termination Fee.
