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<br />Keenan & Associates – License #0451271 <br />EB Consulting Services Agreement (PM2) <br />Confidential For Client Use Only <br />(Rev. 05/15/20) <br /> Page 6 of 17 <br />C. The prevailing party in any action, arbitration, or proceeding arising out of or to enforce <br />any provision of this Agreement will be awarded reasonable attorneys’ fees and costs <br />incurred in that action, arbitration of proceeding, or in the enforce ment of any judgment <br />or award rendered. <br /> <br />9. TERMINATION <br />A. This Agreement may be terminated upon the occurrence of any of the following events: <br /> <br />i. By either party upon the dissolution or insolvency of a party to this Agreement; <br /> <br />ii. By either party following the filing of a bankruptcy petition by or against either party <br />(if the petition is not dismissed within sixty (60) days in the case of an involuntary <br />bankruptcy petition); <br /> <br />iii. If the application of any law, rule, regulation, or court or administrative decision <br />prohibits the continuation of this Agreement or would cause a penalty to either party <br />if the Agreement is continued, and if the Agreement cannot be amended to conform <br />to such law, rule, regulation, or court or administrative decision in a manne r that <br />would preserve the original intent of the parties with respect to their rights and <br />duties under this Agreement; or <br /> <br />iv. By the non-breaching party if a breach of this Agreement is not cured within thirty <br />(30) days following receipt of written notice of the breach from the non-breaching <br />party; <br /> <br />v. By either party for any reason, following receipt of sixty (60) days written notice to <br />the other party of their request to terminate the entire Agreement, or any specific <br />Exhibits of this Agreement; <br /> <br />B. In the event of termination pursuant to Section 9A above, Keenan shall be paid for the <br />full value of its services through the date of termination. <br /> <br />10. GENERAL <br />A. This Agreement, its recitals and all exhibits attached to the Agreement contain the entire <br />understanding of the parties related to the subject matter covered by this Agreement and <br />supersede all prior and collateral statements, presentations, communications, reports, <br />agreements or understandings, if any, related to such matter(s). <br /> <br />B. The obligations set forth in this Agreement, other than Keenan’s obligation to perform <br />the Services and Client’s responsibility to pay for such services, shall survive the <br />expiration or termination of this Agreement. Nothing in this Section 10B shall, <br />however, be interpreted as relieving Client of its obligation to pay for any Services <br />rendered by Keenan during the term of this Agreement. <br /> <br />C. This Agreement is made for the benefit of the parties and is not intended to confer any <br />third-party benefit or right. The enforcement of any remedy for a breach of this