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(1) institute any proceedings that it deems necessary to recover damages suffered as the <br />result of the default, <br />(2) institute any proceedings that it deems necessary to cure and remedy the default, <br />including, but not limited to, proceedings against the party in default to compel specific performance of <br />its obligations, <br />(3) take any other action that it deems necessary to cure the default at law or in equity, <br />and/or <br />(4) subject to the provisions of subparagraphs (b) and (c) below, the City and Lessee may <br />terminate this Lease Agreement. <br />(b) In the event of a default under Section 13, which is not cured or remedied within the time <br />period provided, the non -defaulting party has the right to terminate this Lease Agreement by delivery of a <br />written termination notice to the defaulting party. Upon delivery of the written termination notice, Lessee <br />must immediately surrender possession of the Property and any improvements to the City. <br />(C) Either party will have the right to take or institute any other actions or proceedings <br />(including self-help if the Lessee is occupying of the Property) that it deems desirable for effectuating the <br />purposes of this Section 14, including without limitation the right to execute and record or file among the <br />public real estate records a written declaration of the termination of all the right, title and interest of <br />Lessee, and (subject to any permitted mortgage liens) its successors and assigns, in the Property. <br />Any delay by the City or Lessee in asserting its rights under this Lease Agreement must not <br />operate as a waiver of those rights or to deprive the City or Lessee of or limit those rights in any way. It <br />is the intention of the parties that the City and Lessee must not be constrained, so as to avoid the risk of <br />being deprived or limited in the exercise of the remedies provided in this Lease Agreement because of <br />concepts of waiver, laches, or otherwise. The City and Lessee may exercise any remedy at a time when it <br />may still hope to resolve the problems created by the default. No waiver in fact made by the City with <br />respect to any specific default by Lessee under this Section 14 may be considered or treated as a waiver <br />of the rights of the City with respect to any other defaults by Lessee under this Section 14 or with respect <br />to the particular default except to the extent specifically waived in writing. No waiver in fact made by the <br />Lessee with respect to any specific default by the City under this Section 14 may be considered or treated <br />as a waiver of the rights of the Lessee with respect to any other defaults by the City under this Section 14 <br />or with respect to the particular default except to the extent specifically waived in writing. <br />Section 15. Force Majeure. <br />Except as otherwise provided, neither the City nor Lessee will be considered in default in its <br />obligations, if the delay in performance is due to unforeseeable causes beyond its control and without its <br />fault or negligence. Those unforeseeable causes include without limitation, acts of God or of a public <br />enemy, acts of the federal or state government, acts or delays of the other party, fires, floods, unusually <br />severe weather, epidemics, pandemics, freight embargoes, unavailability of materials, strikes or delays of <br />contractors, subcontractors or materialmen due to any of those causes. <br />Section 16. Recording. <br />Upon the request of either party hereto the other party shall join in the execution of a <br />memorandum or so-called "short form" of this Lease Agreement for the purpose of recordation. Said <br />memorandum or short form of this Lease Agreement shall describe the parties, the Property and the <br />5 <br />