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ARTICLE VIII <br />EVENTS OF DEFAULT AND REMEDIES <br />Section 8.1. Events of Default Defined. Any one or more of the following events <br />constitutes an Event of Default hereunder: <br />(a) Failure by the City to pay any Lease Payment or other payment required to be paid <br />hereunder at the time specified herein. <br />(b) Failure by the City to observe and perform any covenant, condition or agreement on <br />its part to be observed or performed hereunder, other than as referred to in the preceding clause <br />(a) of this Section, for a period of 30 days after written notice specifying such failure and <br />requesting that it be remedied has been given to the City by the Assignees. However, if in the <br />reasonable opinion of the City the failure stated in the notice can be corrected, but not within <br />such 30 -day period, the Authority and the Assignees shall not unreasonably withhold their <br />consent to an extension of such time (for a period not to exceed 60 days) if corrective action is <br />instituted by the City within such 30 -day period and diligently pursued until the default is <br />corrected. <br />(c) The filing by the City of a voluntary petition in bankruptcy, or failure by the City <br />promptly to lift any execution, garnishment or attachment, or adjudication of the City as a <br />bankrupt, or assignment by the City for the benefit of creditors, or the entry by the City into an <br />agreement of composition with creditors, or the approval by a court of competent jurisdiction of <br />a petition applicable to the City in any proceedings instituted under the provisions of the <br />Federal Bankruptcy Code, as amended, or under any similar federal or State act now existing or <br />which may hereafter be enacted. <br />(d) Any statement, representation or warranty made by the City in or pursuant to this <br />Lease Agreement or its execution, delivery or performance shall have been false, incorrect, <br />misleading or breached in any material respect on the date when made. <br />(e) Any default occurs under any other agreement for borrowing money, lease financing <br />of property or otherwise receiving credit under which the City is an obligor, if such default (i) <br />arises under any other agreement for borrowing money, lease financing of property or <br />provision of credit provided by the Assignees or any affiliate of the Assignees, or (ii) arises <br />under any obligation under which there is outstanding, owing or committed an aggregated <br />amount in excess of $500,000. <br />(f) Any default by the City to observe any covenant, condition or agreement on its part <br />to be observed or performed under the Site and Facility Lease. <br />(g) Any court of competent jurisdiction shall find or rule that the Site and Facility Lease <br />or this Lease Agreement is not valid or binding against the City. <br />Section 8.2. Remedies on Default. Whenever any Event of Default has happened and is <br />continuing, the Authority may exercise any and all remedies available under law or granted <br />under this Lease Agreement; provided, however, that notwithstanding anything herein to the <br />contrary, there shall be no right under any circumstances to accelerate the Lease Payments or <br />otherwise declare any Lease Payments not then in default to be immediately due and payable. <br />Each and every covenant hereof to be kept and performed by the City is expressly made a <br />condition and upon the breach thereof the Authority may exercise any and all rights granted <br />hereunder; provided, that no termination of this Lease Agreement shall be effected either by <br />operation of law or acts of the parties hereto, except only in the manner herein expressly <br />-27- <br />