GORDON & WILLIAMS, INC. 1A - 2005

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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 agrees that no surrender of the Property and/ or of the remainder of the Term of the Lease Agreement or any termination of this Lease Agreement shall be valid in any manner or for any purpose whatsoever unless stated or accepted by the Assignee by such written notice. Section 9.3. Waiver of Statutory Remedies. Pursuant to California Civil Code section 1952.6(b), the City hereby waives, to the fullest extent permitted by law, all of the remedies for a breach of this Lease Agreement provided in sections 1951 to 1952.2, inclusive, of the California Civil Code, and contracts instead for the remedies set forth in this Article IX. Section 9.4. No Remedy Exclusive. No remedy herein conferred upon or reserved to the Authority or the Assignee is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Lease Agreement now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any Default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Authority or the Assignee to exercise any remedy reserved to it in this Article IX it shall not be necessary to give any notice, other than such notice as may be required in this Article IX or by law. Section 9.5. A~reement to Pay Attorneys' Fees and Expenses. In the event that any party to this Lease Agreement should default under any of the provisions hereof and the non- defaulting party should employ attorneys or incur other expenses for the collection of moneys or the enforcement or performance or observance of any obligation or agreement on the part of the defaulting party herein contained, the defaulting party agrees that it will on demand therefor pay to the non-defaulting party the reasonable fees of such attorneys and such other expenses so incurred by the non-defaulting party. Section 9.6. No Additional Waiver Implied by One Waiver. In the event any agreement contained in this Lease Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder. Section 9.7. Application of Proceeds. All net proceeds received from the re-lease or other disposition of the Property under this Article IX, and all other amounts derived by the Authority or the Assignee as a result of an Event of Default hereunder, shall be transferred to the Assignee promptly upon receipt thereof and after payment of all fees and expenses of the Assignee, including attorneys fees, shall be applied to the Lease Payments in order of payment date. Section 9.8. Assi~ee to Exercise Ri~hts. Such rights and remedies as are given to the Authority under this Article IX have been assigned by the Authority to the Assignee, under the -23-