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arrangement or similar proceeding shall be instituted by or against-town under the laws of any <br /> Jurisdiction, which <br /> proceedinghas not been disrrrised within nines (90) days, or(iii) and action or <br /> answer shall be taken or filled,by Town approving of,,consenting to, or acquiescing in such <br /> proceeding, or iv the levy of any distress, execution.or,attachment upon the property of Toren <br /> which shall substantially interfere with its performance hereunder,which remains in effect for <br /> ninety 9 days after its levy. <br /> C. Remedies.An Event of Default described in Section . l shall become a "'Default" under this <br /> Agreement if not cured within fifteen 15 days after written notification to the Torn from NBWS <br /> describing all amounts due and outstanding and, in all other events, an Eveht of Default described in,' <br /> Section .A and 163excetin own's payment defaults under Section 6. l shall become <br /> "Default" under this Agreement if not cured within-forty-fine (45)'days after written notification to the <br /> defaulting Pam from the other Party describing in reasonable detail thwnature of the Event of-Default; <br /> proaided however,that such forty-five (45) d period shall d extendedfor a to�n d t r l ninety <br /> (90) days so long as the breaching Party is actively y � cure <br /> r�rel and continuously pursuing good faith.. efforts to <br /> the Event of Default; provided,further;that 8n Event of Default of the character described in Sections <br /> 16.A 3 and 16. 3 shall be a "'Default" Immediately,with or without delivery of-such notice. <br /> (1) Termination by Town. Torn shall have the right to terminate this Agreement by delivering written <br /> notice to NBWS if i NBWS shall be in Default, beyond'all applicable notiQe and cure periods, <br /> under <br /> sections 16. and 2) (Town shall also be Permitted to file suit for actual dam.aes <br /> resulting from any such efault or(il) except as set forth inSection13(_ herein,there is an <br /> Uncontrollable Circumstance l,asting more than one hundred and eighty:(180)_days..This <br /> A re�errient shall terminate on the forty-fifth (45 day following the date of such"notice-provided, �. .� <br /> however,that a Default beyond all applicable cure periods�described in Section 6 A 3 shall not <br /> require notice by Town and shall terminate this Agreement forthwith. <br /> (Z-) Termination by WS.' NBWS shall.,have the right to terminate this Agreement h e irrerin <br /> mitten notice to Town if (i)Town shall be in-Default, beyond all applicable notice and cure, <br /> P <br /> eriod's under Sections . ) and 16.B(2) (NEWS shall.also e permitted to file suit for actual <br /> damages.resulti,ng from any such Default)-, or ii except t asset forth in Section13.J heroin,there is,a <br /> Uncontrollable Circumstance lasting more than one hundred and-ighty 1 o days'affecting . <br /> NBWS., This Agreement shall terminate on the forty-fifth h day following the date of such <br /> notice. <br /> r . Damages. Except as provided in this Section 16, neither Party shell have the right to terminate this <br /> Agreement or to require specific performance by the other malty and damages shall ordinarily be <br /> considered an adequate remedy for a Default by either,Party under this Agreement. <br /> 17. MISCELLANEOUS. <br /> WASTE DISPOSAL AGREEMENT Paga 10 <br />