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5LA515\146\1008785.v2 <br />(2)The Tenant’s failure to maintain the insurance required pursuant to <br />paragraph 9 above, which failure remains uncured for 15 days following <br />the City’s written notice to the Tenant of the Tenant’s failure to perform <br />such obligation; <br />(3)The Tenant’s attempt to sublet any portion of the Leased Premises, or assign <br />the Tenant’s interest under this Lease; <br />(4)The Tenant’s failure to fully perform any of the Tenant’s obligations, other <br />than the obligations referenced in subsections (1), (2) or (3) above, which <br />failure remains uncured for 30 days following the City’s written notice to <br />the Tenant of the Tenant’s failure to perform such obligation; or <br />(5)The Tenant’s filing, or having filed against the Tenant, any bankruptcy or <br />debtor proceedings or proceedings for the appointment of a receiver or <br />trustee of all or any portion of the Leased Premises, or if the Tenant makes <br />an assignment for the benefit of creditors. <br />B.City’s Remedies: If an Event of Default occurs, the City shall have the following <br />remedies; <br />(1)The City may, but shall not be obligated to, and without notice to or demand <br />upon the Tenant and without waiving or releasing the Tenant from any of <br />the Tenant’s obligations under this Lease, pay or perform any obligations <br />of the Tenant; pay any cost or expense to be paid by the Tenant; obtain any <br />insurance coverage and pay premiums therefor; and make any other <br />payment or perform any other act on the part of the Tenant to be made and <br />performed as provided for in this Lease, in such manner and to such extent <br />as the City may deem desirable, and in exercising any such right, may also <br />pay all necessary and incidental costs and expenses, employ counsel and <br />incur and pay attorneys’ fees. The Tenant shall pay costs to the City upon <br />demand with interest at seven percent per annum. <br />(2)The City may terminate this Lease by written notice to the Tenant in which <br />case the Tenant shall vacate the Leased Premises in accordance with <br />paragraph 12 of this Lease. Neither the passage of time after the occurrence <br />of an Event of Default nor the City’s exercise of any other remedy with <br />regard to such Event of Default shall limit the City’s right to terminate the <br />Lease by written notice to the Tenant. <br />(3)The City may, whether or not the City has elected to terminate this Lease, <br />immediately commence summary proceedings in unlawful detainer to <br />recover possession of the Leased Premises. In the event of the issuance of a <br />writ of restitution in such proceeding, upon the City’s reentry upon and <br />repossession of the Leased Premises, the City may remove the Tenant and