25F - AGMT - OUTDOOR ADVERTISING SRVS

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10.6 Waiver of Jury Trial. To the extent permitted by applicable law, the parties waive the right to trial by jury of any dispute between them arising out of or relating to this Agreement or the installation, operation, maintenance, use or removal of any Sign. Article 11 DEFAULTS AND REMEDIES 11.1 Default by All Vision. The occurrence of any of the following circumstances will constitute an "All Vision Event of Default ": (a) All Vision falls in a material way to perform Its obligations under this Agreement and fails to cure such default within 30 days following delivery of written notice of that failure from the City to All Vision (or, if the default cannot reasonably be cured within that 30 day time period, but All Vision commences efforts to cure within that 30 day period and diligently pursues such efforts and the default is not inherently incurable, then within the longer amount of time reasonably necessary to complete such cure). (b) All Vision commences voluntary bankruptcy or insolvency proceedings or is adjudicated a bankrupt, becomes insolvent, makes an assignment for the benefit of creditors or proposes or makes any arrangement for the settlement of its debts (in whole or in part) or for the liquidation of its assets or a receiver or a receiver and manager or person with similar authority is appointed with respect to the assets of All Vision; (c) a material portion of the assets of All Vision is seized in satisfaction of any judgment; or (d) any proceedings are taken for the liquidation, dissolution or winding -up of All Vision or All Vision ceases or threatens to cease to carry on business in the ordinary course. 11.2 The City's Remedies. If an All Vision Event of Default occurs, the City may have recourse to any one or more of the following remedies (but without any duplicative recovery), subject to the limitations provided In Section 11.5 below: (a) Recover its actual damages for breach of contract resulting from All Vision's default; (b) Terminate this Agreement; and, (c) Have recourse to any other remedies for the breach available at law or In equity, except as limited by the provisions of this Agreement. 11.3 Default by the City. The occurrence of any of the following circumstances will constitute a "City Event of Default ": (a) The City fails in a material way to perform its obligations under this Agreement and fails to cure such default within 30 days following delivery of written notice of that failure from All Vision to the City (or, if the default cannot reasonably be cured within that 30 day time period, but the City commences efforts to cure within that 30 day period and diligently pursues such efforts and the default is not inherently incurable, then within the longer amount of time reasonably necessary to complete such cure). 16 25F -20