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(5) Lessee defaults under any condition of this lease, and the default is not cured within thirty <br />days after written notice of default. If the default is such that it cannot reasonably be corrected <br />within thirty days, it will be considered timely cured if lessee begins corrective measures <br />promptly after notice and diligently prosecutes them to completion, provided the default is fully <br />corrected within a reasonable time; <br />(6) Lessee makes a general assignment for the benefit of its creditors or consents to the <br />appointment of a receiver or trustee for substantially all of its property for the benefit of <br />creditors, or files, under the federal bankruptcy laws, a voluntary petition for bankruptcy, <br />reorganization or financial rehabilitation; or <br />(7) Lessee is adjudged bankrupt or an order is made for its reorganization or financial <br />rehabilitation under the federal bankruptcy laws, or pursuant to court order a receiver or trustee <br />takes possession of substantially all of lessee's property for the benefit of creditors. The right to <br />cancel under this provision shall be held in abeyance during any period the judgment or order is <br />stayed pending proceedings to contest or appeal the judgment or order. <br />(B) Termination by lessee. In addition to any other right of cancellation under this lease, lessee <br />may terminate this lease if any of the following occur: <br />(1) The City defaults under any condition of this lease, and the default is not cured within thirty <br />days after written notice of default. If the default is such that it cannot reasonably be corrected <br />within thirty days after notice, it will be considered timely cured if the City begins corrective <br />measures promptly after notice and diligently prosecutes them to completion, provided the <br />default is fully corrected within a reasonable time; <br />(2) Lessee is prevented by court order from using a substantial part of the leased premises for a <br />continuous period of ninety days; or <br />(3) Lessee's ability to conduct operations at the leased premises in the same manner and to the <br />same extent as previously is substantially curtailed for a continuous period of ninety days, by <br />reason of a court order, a change in laws or regulations subsequent to execution of this lease, any <br />governmental action or inaction other than revocation or suspension of a liquor license, a fire or <br />other casualty, or any other cause not due to lessee's fault. <br />(C) Notice of cancellation; effective date. In order to exercise a right of termination under this <br />section, the party entitled to terminate the lease shall give the other party written notice of <br />cancellation, specifying the reason under division (A) or (B) of this section, and specifying the <br />date termination becomes effective, which shall be not less than thirty nor more than ninety days <br />from the date of the notice. At any time before the effective date of termination specified in the <br />notice, the notice of cancellation may be rescinded in writing by the party giving it, in which <br />case the parties shall be in the same position as if notice of cancellation had not been given. <br />(D) Waiver of right to terminate. A party waives the right to terminate this lease based on a <br />particular occurrence or default of the other party, by written waiver given at any time, or by <br />failing to give written notice of cancellation within ninety days after the right to cancel accrues. <br />