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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notice, the notice of cancellation may be rescinded in writing by the party giving it, in which 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 />The City waives a default for nonpayment of rent or other charges by accepting full payment for <br />the past due amounts made within sixty days after the due date of the last such past due rent <br />payment or other charge. Waiver of the right to cancel based on a particular occurrence or <br />default does not constitute a waiver of the right to cancel for subsequent occurrences or defaults <br />of the same kind. <br />18. SURRENDER of PREMISES. At the end of the term or any renewal term of this lease, or upon <br />termination of this lease by either party or for any cause, lessee shall remove any trade fixtures <br />and equipment, or furniture and furnishings it installed, and surrender possession of the premises <br />to the City in as good order and condition as at the commencement of the original lease term, <br />reasonable use and fair wear and tear excepted. <br />WITNESS the signatures of the parties this day of 2022. <br />l � <br />