I.3  Buy-Out Price upon Termination by the LGU

(a)  If the LGU terminates this Agreement pursuant to Section 16.1 (Termination due to an Event of Default) due to a Company Event of Default and exercises its option pursuant to Section 16.1.2(a), then the LGU shall purchase all of THE Company's rights, title, and interest in the Facilities and the Project for a price equal to Buy-Out Price A.

(b)  If the LGU terminates this Agreement pursuant to Section 16.2.2 (Termination by the LGU), then the LGU shall purchase all of the Company's rights, title, and interest in the Facilities and the Project for a price equal to (i) Buy-Out Price B if such termination occurs prior to the Operations Start Date, or (ii) Buy-Out Price C if such termination occurs on or after the Operations Start Date.

Termination at end of [•]th Anniversary of Provisional Operations Start Date

If the Termination Date occurs pursuant to Section 3.2(d) of the Agreement, the Company shall transfer the Facilities and the Project to the LGU at no cost to the LGU.