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Cont. (part 2)
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Vol. 1- City of Santa Ana Financing Authority (Police Admin. and Holding Facility)
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Cont. (part 2)
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ARTICLE X <br /> DEFAULT <br /> SECTION 10.01. Default. (a) The following events shall be events of default <br /> under this Lease: <br /> (i) The City shall fail to deposit with the Trustee any Base Rental payment <br /> required to be so deposited by the close of business on the day such deposit is required <br /> pursuant to Section 5.01(a), provided, that any Base Rental payments abated pursuant <br /> to Section 5.04 shall not constitute an event of default; <br /> (ii) the City shall fail to pay any item of Additional Rental as and when the same <br /> shall become due and payable pursuant to Section 5.01(b); or <br /> (iii) the City shall breach any other terms, covenants or conditions contained herein, <br /> and shall fail to remedy any such breach with all reasonable dispatch within a period <br /> of thirty (30) days after written notice thereof from the Authority to the City; provided, <br /> however, that if the failure stated in the notice cannot be corrected within such period, <br /> then the Authority shall not unreasonably withhold its consent to an extension of such <br /> time if corrective action is instituted by the City within such period and is diligently <br /> pursued until the default is corrected. <br /> (b) In addition to any default resulting from breach by the City of any <br /> agreement, condition, covenant or term hereof, if (1) the City's interest herein or any part <br /> thereof be assigned, sublet or transferred without the written consent of the Authority, and the <br /> written consent of the Bond Insurer either voluntarily or by operation of law; or (2) the City or <br /> any assignee shall file any petition or institute any proceedings under any act or acts, state or <br /> federal, dealing with or relating to the subject of bankruptcy or insolvency or under any <br /> amendment of such act or acts, either as a bankrupt or as an insolvent or as a debtor or in any <br /> similar capacity, wherein or whereby the City asks or seeks or prays to be adjudicated a <br /> bankrupt, or is to be discharged from any or all of its debts or obligations, or offers to its <br /> creditors to effect a composition or extension of time to pay its debts, or asks, seeks or prays <br /> for a reorganization or to effect a plan of reorganization or for a readjustment of its debts or for <br /> any other similar relief, or if the City shall make a general or any assignment for the benefit of <br /> its creditors; or(3) the City shall abandon or vacate the Leased Property or any portion thereof; <br /> then in each and every such case the City shall be deemed to be in default hereunder. <br /> • <br /> Upon the happening of any of the events specified in subsection (a) or(b) of this <br /> Section (in either case an "Event of Default"), then it shall be lawful for the Authority to <br /> exercise any and all remedies available or granted to it pursuant to law or hereunder. Upon the <br /> breach of any agreement, condition, covenant or term contained herein required to be observed <br /> or performed by the City, the Authority may exercise any and all rights of entry upon or <br /> repossession of the Leased Property, and also, at its option, with or without such entry, may <br /> LA1-63219.5 23 <br />
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