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(c) The Lessee shall: (i) apply for or consent to the appointment of, or the taking <br /> of possession by, a receiver, custodian, trustee, liquidator or the like of the Lessee or of all <br /> or a substantial part of its property; (ii) commence a voluntary case under the Federal <br /> Bankruptcy Code (as now or hereafter in effect); or (iii) file a petition seeking to take <br /> advantage of any other law relating to bankruptcy, insolvency, reorganization, winding -up <br /> or composition or adjustment of debts. <br /> Section 5.02. Remedies on Default Whenever any Event of Default shall have happened <br /> and be continuing, the nondefaulting party may take, but only upon not less than five (5) days' <br /> written notice to the defaulting party, one or any combination of the following remedial steps: <br /> (a) If the Lessee is in default, the City may: (i) without terminating this Lease, <br /> re -enter and take possession of the Site and exclude the Lessee from using the Site until the <br /> Event of Default is cured; or (ii) terminate the Term of this Lease, exclude the Lessee from <br /> use of the Site, and use its best efforts to lease the Site to another for the account of the <br /> Lessee. <br /> (b) If the City is in default, Lessee may terminate this Lease upon thirty (30) <br /> days written notice. <br /> (c) Either party, in addition to the foregoing remedies, may take any other action <br /> at law or in equity which may appear necessary or desirable to enforce performance and <br /> observance of any obligation, agreement, or covenant contained herein. <br /> Section 5.03. Delay; Notice No delay or omission to exercise any right or power accruing <br /> upon any default shall impair any such right or power or shall be construed to be a waiver thereof, <br /> but any such right and power may be exercised from time to time and as often as may be deemed <br /> expedient. In order to entitle any party to exercise any remedy reserved to it in this Lease it shall <br /> not be necessary to give any notice, other than such notice as may be required in this Lease. <br /> Section 5.04. No Remedy Exclusive No remedy herein conferred upon or reserved to <br /> either party is intended to be exclusive and every such remedy shall be cumulative and shall be in <br /> addition to every other remedy given under this Lease or now or hereafter existing at law or in <br /> equity. No delay or omission to exercise any right or power accruing upon any default shall impair <br /> any such right or power or shall be construed to be a waiver thereof, but any such right and power <br /> may be exercised from time to time and as often as may be deemed expedient. <br /> Section 5.05. No Additional Waiver Implied by One Waiver In the event any agreement <br /> contained in this Lease is breached by either party and thereafter waived by the other party, such <br /> waiver shall be limited to the particular breach so waived and shall not be deemed to waive any <br /> other breach hereunder. <br /> 374126 SJR MU210 -5 <br /> 6 <br />