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The City hereby waives any and all claims for <br />damages caused or which may be caused by the Corporation in <br />entering or re-entering and taking possession of the Demised <br />Premises and Capital Projects I and II as herein provided and <br />all claims for damages that may result from the destruction of <br />or injury to the Demised Premises and Capital Projects I and <br />II and all claims for damages to or loss of any property <br />belonging to the City, or any other person, that may be in or <br />upon the Demised Premises and Capital Projects I and II. <br /> <br /> Each and all of the remedies given to the <br />Corporation hereunder or by any law now or hereafter enacted <br />are cumulative and the exercise of one right or remedy shall <br />not impair the right of the Corporation to any or all other <br />remedies. The term "re-let" or "re-letting" as used in this <br />Section shall include, but not be limited to, re-letting by <br />means of the operation by the Corporation of the Demised <br />Premises and Capital Projects I and II. If any statute or <br />rule of law validly'shall limit the remedies given to the <br />Corporation hereunder, the Corporation nevertheless shall be <br />entitled to whatever remedies are allowable under any statute <br />or rule of law. <br /> <br /> In the event the Corporation shall prevail in any <br />action brought to enforce any of the terms and provisions of <br />this Lease, the City agrees to pay a reasonable amount as and <br />for attorney's fees incurred by the Corporation in attempting <br />to enforce any of the remedies available to the Corporation <br />hereunder, whether or not a lawsuit has been filed and whether <br />or not any lawsuit culminates in a judgment. <br /> <br /> (b) If (1) the City's interest in this Lease or any <br />part thereof be assigned or transferred without the written <br />consent of the Corporation, either voluntarily or by operation <br />of law or otherwise, or if (2) any proceeding under the United <br />States Bankruptcy Code or any federal or state bankruptcy, <br />insolvency, or similar law or any law providing for the <br />appointment of a receiver, liquidator, trustee or similar <br />official of the City or of all or substantially all of its <br />assets, is instituted by or with the consent of the City, or <br />is instituted without its consent and is not permanently <br />stayed or dismissed within sixty days, or if the City offers <br />to the City's creditors to effect a composition or extension <br />of time to pay the City's debts or asks, seeks or prays for a <br />reorganization or to effect a plan of reorganization, or for a <br />readjustment of the City's debts, or if the City shall make a <br />general or any assignment for the benefit of the City's <br />creditors, or if (3) the City shall abandon or vacate any part <br />of the Demised Premises and Capital Projects I and II (except <br />pursuant to Sections 12, 13, 18 and 24 hereof), then the City <br />shall be deemed to be in default hereunder. <br /> <br /> F-23 <br />1456S <br /> <br /> <br />