No. 2065 approving acquisition of real property to facilitate the studebaker national museum relocation project and approving the execution of a ground lease and other related documents associated with studebaker museum relocation project (SBCDA)

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(ii) If Ground Lessee shall attempt to assign this Ground Lease, or an portion g any or to sublease or permit any use of any portion of the Ground Lease Premises in violation of Section 11.2 hereof; (iii) If any use of the Ground Lease Premises for any purposes not expressly permitted by this Ground Lease, and such use shall continue or reoccur after receipt of written notice to Ground Lessee by Ground Lessor to desist from such use; and (iv) If Ground Lessee shall breach or fail to comply with any term, covenant or condition of this Ground Lease, and such breach or failure to comply shall continue or reoccur after receipt of written notice to Ground Lessee by Ground Lessor to cure; provided, however, in the event such breach or failure to comply cannot, by its nature, be cured immediately, Ground Lessee shall not be deemed to be in default so long as Ground Lessee shall have commenced to cure within twenty (20) days of receipt of notice and thereafter shall prosecute to cure to completion with reasonable diligence, and there is indication satisfactory to Ground Lessor that such will be completed within sixty (60) days following the date of receipt of the notice of breach or failure to cure. Section 14. REMEDIES OF GROUND LESSOR. Upon the occurrence of any of the defaults set forth in Section 13 herein which has not been cured as expressly permitted in Section Ci 13 hereof, Ground Lessor may then, subject to the provisions of Section 6 hereof, terminate Ground Lessee's rights under this Ground Lease upon written notice to Ground Lessee. In the event Ground Lessor elects to avail itself of the rights and remedies contained in Section 6 and /or this Section 14, Ground Lessee shall continue to remain obligated for all amounts due Ground Lessor hereunder and shall further be obligated to pay all expense, including without limitation attorney fees incurred by Ground Lessor as a result of any default by Ground Lessee or as a result of Ground Lessee enforcing any of its rights hereunder. Section 15. NO WAIVERS. No waivers by either party hereto at any time of any of the terms, conditions, covenants or agreements of this Ground Lease, or noncompliance therewith, shall be deemed or taken as a waiver at any time thereafter of the same, nor of any other term, condition, covenant or agreement herein contained, ndr of the strict and prompt performance thereof by the other party thereto. No delay, failure or omission of Ground Lessor to reenter the Ground Lease Premises, nor by either party hereto to exercise any right, power, privilege or option arising from any default shall impair any right, power, privilege or option, or be construed to be a waiver of any such default, relinquishment thereof or acquiescence therein, and no notice by either party hereto shall be required to restore or revive time as being of the essence hereof after wavier by either party of default in one or more instances. No option, right, power, remedy or privilege of either party shall be construed as being exhausted or discharged by the exercise thereof in one or more instances. It is agreed that each and all fo the rights, powers, options or remedies given to each party by this Ground Lease are cumulative, and no one of them shall be exclusive of the other or exclusive of any remedies provided by law. -9-