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Tenant's receipt of written notice from Landlord stating that such payment was <br />not made; or <br />(2) If Tenant shall have failed to perform any of the other covenants, terms, <br />conditions or provisions of this Lease or any of its obligations under the <br />Development Agreement within sixty (60) days after Tenant's receipt of <br />written notice specifying such failure; provided, however, with respect to those <br />failures which cannot with due diligence be cured within said 60 -day period, <br />Tenant shall not be deemed to be in default hereunder if Tenant commences to <br />cure such default within such 60 -day period and thereafter continues the curing <br />of such default with all due diligence; <br />9.2 Termination. If an uncured Event of Default exists under this Lease, then <br />Landlord may, subject to Section 9.5 hereof, exercise one or more of the following remedies <br />in addition to any other rights and remedies provided at law or in equity: <br />(1) Landlord may terminate this Lease by written notice to Tenant and may <br />forthwith repossess the Development and recover as damages the amounts <br />provided in Section 9.3 hereof, or <br />(2) Landlord may terminate Tenant's right of possession and repossess the <br />Development without demand or notice of any kind and without terminating <br />this Lease, in which event Landlord may (but will not be obligated to) relet all <br />or any part of the Development or any part thereof for the account of Tenant <br />for such rent and upon such terms as Landlord deems advisable and may make <br />any changes, additions, improvements, redecorations and repairs to the <br />Development as Landlord deems advisable without affecting Tenant's liability <br />under this Lease. <br />9.3 Payments. If pursuant to Section 9.2 this Lease is terminated or Landlord <br />terminates Tenant's right of possession and repossesses the Development, Tenant shall pay to <br />Landlord on demand the sum of <br />(1) all unpaid Rent owing at the time of termination or repossession, as the <br />case may be, <br />(2) all expenses (together with interest thereon at a rate of twelve percent <br />(12%) per annum from the date paid by Landlord) incurred by Landlord in <br />terminating, repossessing and reletting including but not limited to costs of <br />changes, additions, improvements, redecorations and repairs, brokerage and <br />legal fees, and the collection of Rent, and <br />-11- <br />