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<br />Lease. <br /> <br />B. The Lessee fails to comply with any other term, provision, or covenant of this Lease, and <br />does not cure the failure within 30 days after written notice to the Lessee. For any subsequent <br />default by the Lessee for the same or any other reason, the City may terminate the Lease if that <br />subsequent default continues for more than three days after notice of the subsequent default. <br /> <br />C. The Lessee become insolvent, makes a transfer in fraud of creditors, or make an <br />assignment for the benefit of creditors <br /> <br />D. The Lessee commences, or another party commences against the Lessee, proceedings <br />in bankruptcy, for reorganization, or for the readjustment or arrangement of its debts under the <br />bankruptcy laws of the United States or under any other law. The acceptance by the City of the <br />Lessee's monthly payments subsequent to the occurrence of this event of default, or that set forth in <br />subparagraph E below, shall be as compensation for use and occupancy of the Leased Premises, <br />and shall in no way constitute a waiver by the City of its right to exercise any remedy provided for <br />any event of default. <br /> <br />E. A receiver or trustee is appointed for all or substantially aU of the assets of the Lessee. <br /> <br />F. The Lessee abandons or vacate all or any substantial portion of the Leased Premises. <br /> <br />11.02. Upon the occurrence of any of the events of default, the City shall have the option to pursue <br />anyone or more of the following remedies without any notice or demand whatsoever: <br /> <br />A. Terminate this Lease. In this event the Lessee shall immediately surrender the Leased <br />Premises to the City, and if the Lessee fails to do so, the City may enter and take possession of the <br />Leased Premises and remove the Lessee and any other person occupying the premises, by force if <br />necessary, without prejudice to any other remedy it may have for possession or arrearages in rent, <br />and without being liable for any resulting damages. The Lessee agrees to pay to the City the <br />amount of all resulting costs, losses and damages incurred by the City within 30 days of the City's <br />issuance of a statement to the Lessee. <br /> <br />B. Relet the Leased Premises and receive the rent. The Lessee agrees to pay to the City <br />any resulting costs, and any deficiency that may arise by reason of reletting, within 30 days of the <br />City's issuance of a statement to the Lessee. <br /> <br />C. Enter the Leased Premises, by force if necessary, without being liable for prosecution or <br />any claim for damages, and do whatever the Lessee is obligated to do under the terms of this <br />Lease. The Lessee agrees to reimburse the City for any expenses the City incurs in effecting <br />compliance with the Lessee' obligations under this Lease, within 30 days of the City's issuance of a <br />statement for the expenses to the Lessee. The City and its officers, agents and employees shall not <br />be liable for any damages or injuries that result to the Lessee from any action taken under this <br />paragraph, whether caused by the negligence of the City or otherwise. <br /> <br />The CityDs pursuit of any of these remedies will not preclude pursuit of any other remedies provided <br />under this Lease or by law, nor will pursuit of any remedy constitute a waiver of any rent due to the <br />City or of any damages caused to the City by any violation of this Lease by the Lessee. Any failure <br /> <br />COSM Form 1/99 <br /> <br />7 <br />