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07-24-14 Redevelopment Commission Meeting
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15. Events of Default by Lessee. Each of the following events shall constitute an "Event <br /> of Default" for purposes of this Lease: (i) Lessee defaults in the payment when due of the <br /> Rental Payment or any other amounts owed by Lessee to Lessor under the terms of this <br /> Lease and fails to cure, (ii) Lessee fails to perform any obligation or observe any covenant or <br /> condition to be performed or observed by Lessee, or breaches any representation or provision <br /> contained herein and such failure shall continue un-remedied for thirty (30) consecutive <br /> calendar days; (iii) Lessee ceases its South Bend Operations during the term of the Lease; <br /> (iv) Lessee: (a) makes an assignment for the benefit of creditors; (b) becomes insolvent; (c) <br /> admits in writing an inability to pay its debts as they become due; (d) becomes the subject of a <br /> voluntary or involuntary case commenced under the United States Bankruptcy Code, as now <br /> constituted or hereafter amended, or any other applicable Federal or state bankruptcy, <br /> insolvency or similar law and does not cure within 60 days; (e) is dissolved or liquidated, or any <br /> action is taken which could result in the dissolution or liquidation of Lessee; (f) a receiver, <br /> trustee or liquidator is appointed with respect to Lessee's assets; (v) any lien is created with <br /> respect to the Equipment (other than a lien created by Lessor); or(vi)the occurrence of any sale, <br /> transfer, conveyance or other disposition of all or any part of the Equipment or any attempt to <br /> sell,transfer, convey or otherwise dispose of all or any part of the Equipment. <br /> 16. Remedies. Upon the occurrence of an Event of Default by Lessee under this Lease, <br /> Lessor may, at its option,take any one or more of the following courses of action: <br /> (i) terminate this Lease; <br /> (ii) proceed by appropriate judicial action to enforce this Lease and recover damages caused <br /> by the breach, including, without limitation, attorneys' fees, court costs and other collection <br /> costs; <br /> (iii) demand that Lessee return the Equipment to Lessor in the same condition as delivery <br /> with normal wear and tear of delivery and operation permitted within thirty(30)days; <br /> (iv) require Lessee to purchase the Equipment pursuant to Section 10 hereof; and/or <br /> (v) accelerate all sums due under this Lease plus interest at the Default Rate. In addition, <br /> Lessee shall be liable for all reasonable attorneys' fees and other costs and expenses resulting <br /> from the occurrence of any Event of Default or the exercise by Lessor of any of the remedies <br /> available to it. <br /> Once Equipment is returned to Lessor under Section 16(a)(iii), Lessee shall be deemed to be <br /> released of any and all further obligations under the MOU and this Agreement. All sums due <br /> under this Lease shall be set-off by proceeds received by Lessor for the Equipment under section <br /> 16(iii). <br /> 17. Representations of Lessee. Lessee represents and warrants to Lessor that: <br /> (a) The execution, delivery and performance of this Lease have all been duly authorized by <br /> all necessary action on the part of Lessee; and <br /> (b) This Lease constitutes a legal, valid and binding agreement of Lessee and is enforceable <br /> in accordance with its terms. <br />
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