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(v) OPERATOR makes a general assignment for the benefit of creditors; or (vi) an order, judgment or decree is entered by a court of competent jurisdiction, on the application of a creditor, adjudicating OPERATOR a bankrupt or insolvent or approving a petition seeking reorganization of OPERATOR or appointing a receiver, trustee or liquidator of OPERATOR or of all or a substantial part of its assets, and such order, judgment or decree continues unstayed and in effect for any period of thirty (30) consecutive days. CITY's breach of any provision of this Agreement, or its failure to keep, observe or perform any material covenant, shall constitute a default and breach of this Agreement by CITY. 12.02 Curing Default. Except as otherwise expressly stated in this Agreement, the party that the other party believes is in default "the defaulting party shall have ten (10) days after receipt of written notice from the other party "the non defaulting party to cure any monetary default under this Agreement. The defaulting party shall have thirty (30) days after receipt of written notice from the non defaulting party or the specific time permitted under this Agreement to cure any default under any other covenant, condition or agreement contained in this Agreement or, in the event that any such default is of a nature such that it cannot be cured within thirty (30) days, the defaulting party shall immediately commence to cure and thereafter diligently pursue such cure to completion. Notwithstanding the foregoing, OPERATOR shall be in default under this Agreement, with or without written notice from CITY, in the event OPERATOR abandons or vacates the Premises for any period exceeding twenty -four (24) hours. 12.03 Remedies. 12.03.1 CITY'S ability to do the work at OPERATOR'S expense. In the event of OPERATOR's default as described in Section 12.01 and OPERATOR fails to cure the default by the date specified, CITY may elect to undertake the work that Operator has failed to do or any work necessary or appropriate to diligently maintain the Premises. Should CITY elect to undertake such work, it shall serve OPERATOR written notice of its intent to enter the Premises and the exact nature of the work or correction it intends to perform. OPERATOR may void the notice and CITY's right to enter and perform the work by promptly performing the work set forth in the CITY's notice. The performance of the foregoing work by CITY shall be at the sole expense of OPERATOR and shall not be included as a Direct Cost. If CITY undertakes work pursuant to these procedures, CITY shall make a demand upon OPERATOR for payment of its costs. If OPERATOR fails to pay the costs incurred by CITY within thirty (30) days of the date the demand is made, CITY may bring legal action to collect the sums due and/or may deduct such costs from the Fixed Management Fee and Incentive Management Fee otherwise payable to OPERATOR. If legal action is necessary or appropriate to collect the amounts expended by CITY, OPERATOR shall pay CITY's all attorneys' fees and costs, court costs, and staff costs together with interest from the date which is thirty (30) days after CITY has made demand for payment. If CITY, in its sole discretion, elects to use in -house attomeys from the Office of the City Attorney, attorneys' fees recovered by CITY pursuant to this section shall be at the hourly rate paid by the Association of Bay Area 41