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Section 10.2. Remedies on Default. Whenever any Event of Default shall have happened and be <br />continuing, the Authority may take, but only upon not less than five (5) days' written notice to the City, one <br />or any combination of the following remedial steps: <br />(a) Without terminating this Lease, re-enter and take possession of the Site and the <br />Facilities and exclude the City from using the Site and the Facilities until the Event of Default is <br />cured; or <br />(b) Subject to the provisions of Section 5.6 hereof, take any action at law or in equity <br />which may appear necessary or desirable to: (i) collect the Lease Payments and Additional Lease <br />Payments then due for the Fiscal Year then in effect, (ii) collect any Lease Payments and Additional <br />Lease Payments to become due and payable during the current Fiscal Year, or (iii) enforce <br />performance and observance of any obligation, agreement or covenant of the City under this Lease; <br />or <br />(c) Terminate this Lease, exclude the City from possession of the Site and the Facilities, <br />and use its best efforts to lease the Site and the Facilities to another for the account of the City, <br />holding the City liable for the difference between the rentals received and the Lease Payments and <br />Additional Lease Payments which would have been receivable hereunder for the Fiscal Year then in <br />effect. <br />This provision does not limit any other remedies which the Authority may have under any other <br />document or provision of law. <br />Section 10.3. Delay; Notice. No delay or omission to exercise any right or power accruing upon any <br />default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right <br />and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle <br />any part to exercise any remedy reserved to it in this Lease it shall not be necessary to give any notice, other <br />than such notice as may be required in this Lease. <br />Section 10.4. No Remedy Exclusive. No remedy herein conferred upon or reserved to the Authority <br />is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other <br />remedy given under this Lease or now or hereafter existing at law or in equity. No delay or omission to <br />exercise any right or power accruing upon any default shall impair any such right or power or shall be <br />construed to be a waiver thereof, but any such right and power may be exercised from time to time and as <br />often as may be deemed expedient. <br />Section 10.5. No Additional Waiver Implied by One Waiver. In the event any agreement contained <br />in this Lease is breached by either party and thereafter waived by the other party, such waiver shall be limited <br />to the particular breach so waived and shall not be deemed to waive any other breach hereunder. <br />460515v2 JAE LN140-112 <br />(The remainder of this page is intentionally left blank.) <br />25 <br />