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e,k Wol F's iE~~7?491 ~ OFF' ?94i i E.q3 City, and such breach is not cured within sixty (60) days after receipt of notice thereof by the non-breaching party; or (ii) JQH fails to make any payment to City required by Section 3.6.1.2 hereof or any other provision of this Agreement within ten (10) days of City's demand for same. 8.1.2. Breach under Related Agreement. An event of default or other breach occurs and remains uncured following the applicable notice and opportunity to cure (if any) under a Related Agreement, including, any default by the Trust or JQH Development under any agreement delivered in accordance with the requirements of Section 7.3 hereof. 8.1.3. Insolvency. An Event of Bankruptcy or Insolvency occurs with respect to JQH, JQH Development, or the Trust. 8.2. Remedies. Without limiting the Parties' remedies available at law or in equity, all of which shall be cumulative and not exclusive, upon the occurrence of an Event of Default, this Agreement may be terminated by the non-defaulting party, after which neither party will have any further obligations hereunder from and after the date of termination except for those that expressly survive the termination of this Agreement. No such termination shall affect any liability which either JQH or City may have to the other under the terms of this Agreement for events occurring prior to the date of such termination. 8.3. Interest on Past Due Amounts. Should JQH fail to pay any amounts due to the City hereunder when due, same shall beaz interest from the date due until the date of payment at the lesser of twelve percent (12%) per annum or the highest rate allowed by applicable law. For purposes of determining the highest rate allowed by law, should Chapter 303 of the Texas Finance Code ever be deemed to apply to any such amounts, it is expressly agreed that the interest ceiling will be the "weekly ceiling" as defined in the Texas Finance Code, provided that if any applicable law permits a greater rate of interest, the law permitting the greatest rate of interest shall apply. ARTICLE IX MISCELLANEOUS 9.1. Brokers. Each party represents to the other party that it has not employed or retained any broker or finder in connection with the purchase or lease of any property and/or transaction contemplated hereby. 9.2. Conflicts. In the event any one or more of the provisions contained in this Agreement conflict with any one or more of the provisions contained in any one or more of the Related Agreements, the provision(s) of the specific Related Agreement(s) shall control. 9.3. Counteraarts. This Agreement may be executed in counterparts. Each of the counterparts shall be deemed an original instrument, but all of the counterparts shall constitute one and the same instrument. 9.4. Covenants Run with the Land. The provisions of this Agreement aze hereby declared covenants running with the Hotel Site and are fully binding on JQH and each and every 26 803273 4