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<br />(a) In the event the Authority or the Assignee does not elect to terminate this Lease <br />Agreement in the manner hereinafter provided for in subparagraph (b) hereof, the City agrees <br />to and shall remain liable for the payment of all Lease Payments and the performance of all <br />conditions herein contained and shall reimburse the Assignee for any deficiency arising out of <br />the re-leasing of the Property, or, in the event the Authority or the Assignee are unable to re- <br />lease the Property, then for the full amount of all Lease Payments to the end of the Term of the <br />Lease Agreement, but said Lease Payments and/ or deficiency shall be payable only at the same <br />time and in the same manner as hereinabove provided for the payment of Lease Payments <br />hereunder, notwithstanding such entry or re-entry by the Authority or the Assignee or any suit <br />in unlawful detainer, or otherwise, brought by the Authority or the Assignee for the purpose of <br />effecting such re-entry or obtaining possession of the Property or the exercise of any other <br />remedy by the Authority or the Assignee. The City hereby irrevocably appoints the Authority <br />and the Assignee as the agent and attorney-in-fact of the City to enter upon and re-lease the <br />Property in the Event of Default by the City in the performance of any covenants herein <br />contained to be performed by the City and to remove all personal property whatsoever situated <br />upon the Property, to place such property in storage or other suitable place in Orange County, <br />California, for the account of and at the expense of the City, and the City hereby exempts and <br />agrees to save harmless the Authority and the Assignee from any costs, loss or damage <br />whatsoever arising or occasioned by any such entry upon and re-leasing of the Property and <br />the removal and storage of such property by the Authority or the Assignee or their duly <br />authorized agents in accordance with the provisions herein contained. The City hereby waives <br />any and all claims for damages caused or which may be caused by the Authority or the <br />Assignee in re-entering and taking possession of the Property as herein provided and all claims <br />for damages that may result from the destruction of or injury to the Property and all claims for <br />damages to or loss of any property belonging to the City that may be in or upon the Property. <br />The City agrees that the terms of this Lease Agreement constitute full and sufficient notice of <br />the right of the Authority and the Assignee to re-lease the Property in the event of such re-entry <br />without effecting a surrender of this Lease Agreement, and further agrees that no acts of the <br />Authority or the Assignee in effecting such re-leasing shall constitute a surrender or <br />termination of this Lease Agreement irrespective of the term for which such re-leasing is made <br />or the terms and conditions of such re-leasing, or otherwise, but that, on the contrary, in the <br />event of such Default by the City the right to terminate this Lease Agreement shall vest in the <br />Authority and the Assignee to be effected in the sole and exclusive manner hereinafter <br />provided for in paragraph (b) hereof. The City further waives the right to any rental obtained <br />by the Authority or the Assignee in excess of the Lease Payments and payments due pursuant <br />to Section 4.7 hereof and hereby conveys and releases such excess to the Authority or the <br />Assignee, as applicable, as compensation to the Authority or the Assignee for their services in <br />re-leasing the Property. <br /> <br />(b) In an Event of Default hereunder, the Authority or the Assignee at their option may <br />terminate this Lease Agreement and re-lease all or any portion of the Property. In the event of <br />the termination of this Lease Agreement by the Authority or the Assignee at their option and in <br />the manner hereinafter provided on account of Default by the City (and notwithstanding any <br />re-entry upon the Property by the Authority or the Assignee in any manner whatsoever or the <br />re-leasing of the Property), the City nevertheless agrees to pay to the Authority or the Assignee, <br />as applicable, all costs, loss or damages howsoever arising or occurring payable at the same <br />time and in the same manner as is herein provided in the case of payment of Lease Payments. <br />Any surplus received by the Authority or the Assignee from such re-leasing shall be credited <br /> <br />-22- <br />