(d) Release Conditions. “Release Conditions” means any of the following: (i) Provider’s material breach of Section __ (Maintenance) if such breach remains uncured 30 or more days after Customer’s written notice; (ii) Provider commences a voluntary case under Title 11 of the United States Code or the corresponding provisions of any successor or foreign law; (iii) anyone commences an involuntary case against Provider under Title 11 of the United States Code or the corresponding provisions of any successor or foreign law and either the case is not dismissed within 60 days or the court adjudicating the case issues an order for relief or a similar order approving the case; (iv) a court of competent jurisdiction appoints a custodian (as defined in Title 11 of the United States Code or the corresponding provisions of any successor or foreign law), or Provider makes an assignment of all or substantially all of its assets to a custodian (under the same definition), for Provider or all or substantially all its assets; (v) Provider fails generally to pay its debts as they become due (except to the extent that those debts are subject to a good-faith dispute as to liability or amount) or acknowledges in writing that it is unable to do so; or (vi) Provider makes a general assignment for the benefit of creditors.
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