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agrees that no surrender of the Property and/or of the remainder of the Term of the Lease <br />Agreement or any termination of this Lease Agreement shall be valid in any manner or for <br />any purpose whatsoever unless stated or accepted by the Assignee by such written notice. <br />Section 9.3. Waiver of Statutory Remedies. Pursuant to California Civil Code section <br />1952.6(b), the City hereby waives, to the fullest extent permitted by law, all of the remedies <br />for a breach of this Lease Agreement provided in sections 1951 to 1952.2, inclusive, of the <br />California Civil Code, and contracts instead for the remedies set forth in this Article IX. <br />Section 9.4. No Remedy Exclusive. No remedy herein conferred upon or reserved to <br />the Authority or the Assignee is intended to be exclusive and every such remedy shall be <br />cumulative and shall be in addition to every other remedy given under this Lease <br />Agreement now or hereafter existing at law or in equity. No delay or omission to exercise <br />any right or power accruing upon any Default shall impair any such right or power or shall <br />be construed to be a waiver thereof, but any such right and power may be exercised from <br />time to time and as often as may be deemed expedient. In order to entitle the Authority or <br />the Assignee to exercise any remedy reserved to it in this Article IX it shall not be necessary <br />to give any notice, other than such notice as may be required in this Article IX or by law. <br />Section 9.5. Agreement to Pay Attorneys' Fees and Expenses. In the event that any <br />party to this Lease Agreement should default under any of the provisions hereof and the <br />non -defaulting party should employ attorneys or incur other expenses for the collection of <br />moneys or the enforcement or performance or observance of any obligation or agreement on <br />the part of the defaulting party herein contained, the defaulting party agrees that it will on <br />demand therefor pay to the non -defaulting party the reasonable fees of such attorneys and <br />such other expenses so incurred by the non -defaulting party. <br />Section 9.6. No Additional Waiver Implied by One Waiver. In the event any <br />agreement contained in this Lease Agreement should be breached by either party and <br />thereafter waived by the other party, such waiver shall be limited to the particular breach so <br />waived and shall not be deemed to waive any other breach hereunder. <br />Section 9.7. Application of Proceeds. All net proceeds received from the re -lease or <br />other disposition of the Property under this Article IX, and all other amounts derived by <br />the Authority or the Assignee as a result of an Event of Default hereunder, shall be <br />transferred to the Assignee promptly upon receipt thereof and after payment of all fees and <br />expenses of the Assignee, including attorneys fees, shall be applied to the Lease Payments in <br />order of payment date. <br />Section 9.8. Assignee to Exercise Rights. Such rights and remedies as are given to the <br />Authority under this Article IX have been assigned by the Authority to the Assignee, under <br />the Assignment Agreement, to which assignment the City hereby consents. Such rights and <br />remedies shall be exercised solely by the Assignee as provided in the Assignment <br />Agreement and herein. <br />-20- <br />