to provide the Services as a result of a strike or other labour disruption caused by its employees, it shall attempt to subcontract the Services to another operator or operators, acceptable to the other Party. Such Services shall be provided by such subcontractor/subcontractors on the same terms and conditions herein set out and will be continued to be provided during the period of any such strike or labour disruption, unless this Agreement is otherwise terminated pursuant to the provisions of this Agreement. It is understood and agreed that, if such Party provides the Services by subcontracting to another operator/operators, then it shall be deemed not to be in default pursuant to paragraph 17.1(c). Notwithstanding same, all other default provisions as set out in paragraph 17, continue to apply. 16.0 SERVICE FAILURE REMEDIES 16.1 In the event that Monthly Performance Failures occur more than three (3) times in any twelve (12) month period, an Event of Default shall have occurred. 17.0 DEFAULT PROVISIONS 17.1 For the purposes of this Agreement, the following shall constitute events of default by a Party (hereinafter referred to as "Events of Default"): (a) if a petition is filed against it under any applicable bankruptcy legislation and is not withdrawn or dismissed within sixty (60) days thereafter; (b) if a resolution is passed by it respecting the sale of all or substantially all of its assets, or an order for the winding up of its business is made, or it otherwise agrees to make a bulk sale of it's assets; (c) if it ceases or threatens to cease to carry on its business; 12 - 12 - (d) if it commits or threatens to commit an act of bankruptcy, or if it becomes insolvent or bankrupt or makes an assignment or if a receiver or receiver manager