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<br /> -7- <br /> in effecting compliance with C.A.D.'s obligation under this Lease, and <br /> C.A.D. further agrees that the City shall not be liable for any damages <br /> reSU.1ting to the C.A.D. from such action, whether caused by the City's <br /> negligence or otherwise. Pursuit of any of these remedies shall not <br /> preclude pursuit of any of the other remedies provided here or any <br /> other remedies provided by law, nor shall pursuit of any of the other <br /> remedies provided constitute a forfeiture or waiver of any rent due to <br /> the City or of any damages accruing to the City by reason of the <br /> violation of any of the Lease's terms, provisions and covenants. <br /> Forbearance by the City to enforce one or more remedies upon an event <br /> of default shall not be deemed or construed to constitute a waiver of <br /> any rights. <br /> 11.2 If, on account of any breach or default by C.A.D. in its <br /> obligations, it shall become necessary for the City to use an attorney <br /> to enforce or defend any of the City's rights or remedies, C.A.D. <br /> agrees to pay any reasonable attorney's fees incurred by the City in <br /> such connection. <br /> Article XII <br /> Miscellaneous <br /> 12.1 (1) If any clause or provision of this lease contract is <br /> illegal, J.nvalid or unenforceable under present or future laws <br /> effective during the term of this Lease, it is the intention of the <br /> parties that the remainder of this Lease shall not be affected, and the <br /> parties declare that this Lease WOUld have been entered into without <br /> the unenforceable portion. <br /> ( 2) This Lease may not be altered, changed, or amended, <br /> except by instrument in writing signed by both parties. The terms, <br /> provisions, covenants and conditions contained in this Lease shall <br /> apply to, inure to the benefit of, anü )::>e bioding upon the parties, and <br /> upon their respective successors in interest and legal representatives, <br /> except as otherwise expressly provided. <br /> 12.2 The captions used in this Lease are for convenience only and <br /> do not in any way limit or amplify the terms and provisions thereof. <br /> 12.3 One or more waivers of any covenant, term or condition of <br /> this Lease by either party shall not be deemed to waive or render <br /> unnecessary consent -to or approval of any subsequent similar act. <br />