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2005058'75 <br />penalties directed or accessed against the Department by the State of Nebraska or the Federal <br />Government, regardless of the time frame that may be required by any authorities supervising the <br />elimination of the contamination, even if the time necessary to perform such clean up or <br />remediation extends beyond the term of this Lease. <br />ARTICLE IX. <br />CANCELLATION OF LEASE BY AUTHORITY <br />Subsection 9.01 Events of Default by Tenants. <br />Each of the following events shall constitute an "Event of Default by the Department ": <br />1. The Department defaults under any material term or condition of this Agreement, and <br />such default continues for a period of thirty (30) days after receipt of written notice from the <br />Authority of such default, or <br />2. The Department fails to commence construction of the Flight Facility on the Demised <br />Land on or before December 31, 2011, and such default continues for a period of six (6) months <br />after receipt of written notice from the Authority of such default, or <br />3. If funds are not appropriated for construction of the Flight Facility on the Demised <br />Land on or before March 31, 2007, and such default continues for a period of six (6) months after <br />receipt of written notice from the Authority of such default, or <br />4. The Department fails to provide Authority with written confirmation that National <br />Guard Bureau has approved the lease on or before December 31, 2005 and such default continues <br />for a period of six (6) months after receipt of written notice from the Authority of such default. <br />5. The Department fails to use the Facility as an active Army Aviation Support <br />Facility, as an armory, as permitted under Article XI or such other use as may be accepted by <br />Authority in writing for a continuous period of Five (5) years and such failure continues for a period <br />of six (6) months after receipt of written notice from the Authority of such default. <br />Subsection 9.02 Remedies for Tenant's Default. <br />Upon the occurrence of an Event of Default by the Department, the Authority, in its <br />discretion, may exercise all rights or remedies it may have at law or in equity except termination of <br />the lease or eviction; however, upon the occurrence of an Event of Default of Subsection 9.01 <br />paragraphs 2, 3 or 4, the Authority's rights and remedies specifically include termination of this <br />Agreement. <br />01 <br />