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<br />(6) The Lessee becomes insolvent or declares it is unwilling to pay its <br />debts as they become due; or any court enters a decree or order directing the winding up or <br />liquidation of the Lessee or of substantially all of its assets; or the Lessee takes any action toward <br />the dissolution or winding up of its affairs or the cessation or suspension of its use of the Project; <br />or <br /> <br />(7) Attachment, execution or other judicial seizure of substantially all <br />ofthe Lessee's assets or this leasehold, which is not dismissed, bonded, or stayed within sixty <br />(60) days.; or <br /> <br />(8) Default under any Other Loan Documents, the City Loan <br />Documents or the City HELP Loan Documents. <br />, <br /> <br />(b) Whenever any default shall have occurred and be continuing and upon <br />expiration of any applicable cure periods provided in this Lease, and subject to the cure rights of <br />Lenders of the Lessee set forth in this Lease, the Lessor may take whatever action at law or in <br />equity as may appear reasonably necessary to enforce performance or observance of any <br />obligations, agreements, or covenants of the Lessee under this Lease, including without <br />limitation, termination of this Lease. In the event of such default, the Lessor's remedies shall be <br />cumulative, and no remedy expressly provided for in this Section shall be deemed to exclude any <br />other remedy allowed by law. <br /> <br />8.2 Rpmptly nfMotpri~l RTP~~h hy T p..m <br /> <br />If the Lessor defaults under the Lease, the Lessee shall give the Lessor and the Lenders <br />written notice requiring that the default is to be remedied by the Lessor. If the default is not cured <br />within the time set forth by the Lessee (which shall be a reasonable time for curing the default and <br />shall in any event be at least ninety (90) days), the Lessee, the Lenders may take any action as may <br />be necessary to protect their respective interests. Such action, in the event that the Lessor shall fail <br />to perform any of its obligations under this Lease and such failure shall continue after the expiration <br />of the cure period specified in this Section, shall include the right of the Lessee, the Lenders to cure <br />such default and receive any expenditure with interest thereon (at the reference rate then in effect at <br />Wells Fargo Bank, N.A. or any successor institution) from the Lessor within thirty (30) days after <br />sending to the Lessor a statement for such expenditure and interest. <br /> <br />8.3 TpTmln::ltinn <br /> <br />In the event of a total taking or in the event of damage, destruction, or a partial taking, other <br />than a temporary taking of the Project, which the Lessee reasonably determines renders continued <br />operation of the Project infeasible both as a whole and in substantial part, this Lease shall terminate <br />(except if the Lessee is rebuilding the Project in accordance with the terms of this Lease), and in <br />such event any proceeds shall be allocated pursuant to Section 5.3 or Article 6, as appropriate. In <br />the event of a partial taking that does not result in termination pursuant to this Section, this Lease <br />shall remain in full force and effect as to the portion of the Project remaining. <br /> <br />J 44\1 05\ 153233.23 <br /> <br />26 <br />