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agrees to and shall remain liable for the payment of all Lease Payments and the performance of all conditions herein contained and shall reimburse the Assignee for any deficiency arising out of the re -leasing of the Property, or, in the event the Authority or the Assignee are unable to re -lease the Property, then for the full amount of all Lease Payments to the end of the Term of the Lease Agreement, but said Lease Payments and/or deficiency shall be payable only at the same time and in the same manner as hereinabove provided for the payment of Lease Payments hereunder, notwithstanding such entry or re-entry by the Authority or the Assignee or any suit in unlawful detainer, or otherwise, brought by the Authority or the Assignee for the purpose of effecting such re-entry or obtaining possession of the Property or the exercise of any other remedy by the Authority or the Assignee, The City hereby irrevocably appoints the Authority and the Assignee as the agent and attorney - in -fact of the City to enter upon and re -lease the Property in the Event of Default by the City in the performance of any covenants herein contained to be performed by the City and to remove all personal property whatsoever situated upon the Property, to place such property in storage or other suitable place in Orange County, California, for the account of and at the expense of the City, and the City hereby exempts and agrees to save harmless the Authority and the Assignee from any costs, loss or damage whatsoever arising or occasioned by any such entry upon and re -leasing of the Property and the removal and storage of such property by the Authority or the Assignee or their duly authorized agents in accordance with the provisions herein contained. The City hereby waives any and all claims for damages caused or which may be caused by the Authority or the Assignee in re- entering and taking possession of the Property as herein provided and all claims for damages that may result from the destruction of or injury to the Property and all claims for damages to or loss of any property belonging to the City that may be in or upon the Property. The City agrees that the terms of this Lease Agreement constitute full and sufficient notice of the.right of the Authority and the Assignee to re -lease the Property in the event of such re-entry without effecting a surrender of this Lease Agreement, and further agrees that no acts of the Authority or the Assignee in effecting such re -leasing shall constitute a surrender or termination of this Lease Agreement irrespective of the term for which such re -leasing is made or the terms and conditions of such re -leasing, or otherwise, but that, on the contrary, in the event of such Default by the City the right to terminate this Lease Agreement shall vest in the Authority and the Assignee to be effected in the sole and exclusive manner hereinafter provided for in paragraph (b) hereof. The City further waives the right to any rental obtained by the Authority or the Assignee in excess of the Lease Payments and payments due pursuant to Section 4.7 hereof and hereby conveys and releases such excess to the Authority or the Assignee, as applicable, as compensation to the Authority or the Assignee for their services in re -leasing the Property. (b) In an Event of Default hereunder, the Authority or the Assignee at their option may terminate this Lease Agreement and re -lease all or any portion of the Property. In the event of the termination of this Lease Agreement by the Authority or the Assignee at their option and in the manner hereinafter provided on account of Default by the City (and notwithstanding any re-entry upon the Property by the Authority or the Assignee in any manner whatsoever or the re -leasing of the Property), the City nevertheless agrees to pay to the Authority or the Assignee, as applicable, all costs, loss or damages howsoever arising or occurring payable at the same time and in the same manner as is herein provided in the case of payment of Lease Payments. Any surplus received by the Authority or the Assignee from such re -leasing shall be credited towards the Lease Payments next coming due and payable. Neither notice to pay rent or to deliver up possession of the premises given pursuant to law nor any proceeding in unlawful detainer taken by the Authority or the Assignee shall of itself operate to terminate this Lease Agreement, and no termination of this Lease Agreement on account of Default by the City shall be or become effective by operation of law, or otherwise, unless and until the Authority or the Assignee shall have given written notice to the City of its election to terminate this Lease Agreement. The City covenants and -19-