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DEFAULT <br />9.1 i:\ cms of Default. Any one or more of ihe following c\ cnis conslUulcs <br />an Event of Default: <br />(1) If Tenant shall have failed to pay when due Rent or any other <br />amount payable by Tenant pursuant to this Lease within live (5) ten <br />^10) days hillow ing Tenant's receipt of written notice from Landlord <br />staling that such payment was not made; or <br />(2) If Tenant shall have failed to perform any of the ether <br />covenants, terms, conditions or provisions of this Lease or any of its <br />obligations under the Development Agreement w ithin llvrty (30) sixty <br />(60) days after Tenant’s receipt of written notice specifying such <br />failure; provided, however, with respect to those failures which cannot <br />w ith due diligence be cured within said 30 60-day period, 1 enanl shall <br />not be deemed to be in default hereunder if fenant commences to cure <br />such default w ithin such 30 60-day period and thereafter continues the <br />curing of such default w ith all due diligence: <br />9.2 Termination. 1 f an uncured Event of Default exists under this Lease, <br />then Landlord may, subject to Section 9.5 hereof, exercise one or more of Ihe <br />follow ing remedies in addition to any other rights and remedies provided at law or in <br />equity: <br />(1) Landlord may terminate this Lease by w ritten notice to Tenant <br />and may forthw ith repossess the Development and recover as damages <br />the amounts provided in Section 9.3 hereof, or <br />(2) Landlord may terminate Tenant’s right of possession and <br />repossess the Development w ithout demand or notice of any kind and <br />w iihout terminating this Lease, in which event Landlord may (but will <br />not be obligated to) rclel all or any part of the Development or any part <br />thereof for the account of Tenant for such rent and upon such terms as <br />l.andlord deems advisable and may make any changes, additions, <br />improvements, redecorations and repairs to the Deselopmcnt os <br />Landlord deems advisable w ithout alTeciing Tenant’s liaoiliiy under <br />this Lease. <br />9.3 Payments. If pursuant to Section 9.2 this Lease is terminated or <br />Landlord terminates Tenant’s right of possession and repossesses the Development. <br />Tenant shall pay to Landlord on demand the sum of; <br />(1) all unpaid Rent owing at the time of termination or rc{x>ssession. <br />as the case may be.