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Termination and Unlawful Detainer <br />Section 12.02. In the event of a default by either Party which remains uncured by the <br />end of any and all applicable cure periods, the non -defaulting Party may terminate this lease by <br />providing one year's written notice to the defaulting Party and/or utilize any or all legal options <br />available to the non -defaulting Party. <br />Breach and Default by District <br />Section 12.03. All covenants and agreements contained in this lease are declared <br />conditions to this lease and to the term hereby leased to District. Should District fail to perform <br />any covenant, condition or agreement contained in this lease and the default is not cured <br />within thirty (30) days, unless this lease specifies a longer cure period, after written notice of <br />default is served on District by City, then District shall be in default under this lease. <br />Notwithstanding the foregoing, if the nature of the default is such that it cannot reasonably be <br />cured within 30 days, the District shall not be in default if it commences the cure within that 30- <br />day period and thereafter diligently proceeds to implement the cure until complete. In addition <br />to District's failure to perform any covenant, condition, or agreement contained in this lease <br />within the cure period permitted by this section, the following shall constitute a default by <br />District under this lease: <br />a) The appointment of a receiver to take possession of the Premises or <br />improvements, or of District's interest in, to, and under this lease, the leasehold <br />estate, or of District's operations on the Premises for any reason, including, <br />without limitation, assignment for benefit of creditors or voluntarily or <br />involuntary bankruptcy proceedings, when not released within ninety (90) days. <br />b) An assignment by District for the benefit of creditors; or the voluntarily filing by <br />District of the involuntary filing against District of a petition, other than court <br />action, or suit under any law for any purpose of (1) adjudicating District a <br />bankrupt; (2) extending time for payment, (3) satisfaction of District's liabilities, <br />or (4) reorganization, dissolution, or arrangement on account of, or to prevent, <br />bankruptcy or insolvency; provided, however, that in the case of an involuntary <br />proceeding, if all consequent orders, adjudications, custodies, and supervisions <br />are dismissed, vacated or otherwise permanently stayed or terminated within <br />ninety (90) days after the filing or other initial event, then District shall not be in <br />default under this Section; and <br />c) The subjection of any right or interest of District to or under this lease to <br />attachment, execution, or other levy, or to seizure under legal process when the <br />claim against District is not released within ninety (90) days. <br />4911006.2 -- N261.19 <br />20 <br />