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200510853
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200510853
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Last modified
11/2/2005 12:01:36 PM
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11/2/2005 12:01:35 PM
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DEEDS
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200510853
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<br />200510853 <br /> <br />any way and the net award or payment for such taking shall be paid to Lessee and Lessor shall not <br />have any claim to such award or payment. <br /> <br />Section 14.02. If during the term of this Agreement, the title to, or the right to <br />temporary use of, sufficient of the Project shall be taken by eminent domain that in the opinion of <br />Lessee the use of the Project for Lessee's purposes shall be impaired, the net award or payment <br />from such eminent domain taking may be applied in either of the following ways, at Lessee's <br />option: <br /> <br />(a) the net award or payment may be paid to the Trustee and held by it in the <br />Bond Fund and in such case the amount so held in the Bond Fund shall be considered as an <br />advance payment by Lessee on the Payments due under this Agreement, or <br /> <br />(b) the net award or payment may be applied as directed by Lessee toward the <br />acquisition of additional or replacement facilities to replace or supplement the portions of <br />the Project so taken. <br /> <br />In any event, the taking of all or any portion of the Project by the right of eminent domain by any <br />governmental body shall not affect or reduce Lessee's obligation to make the Payments and pay <br />additional rent as provided in this Agreement. <br /> <br />ARTICLE XV <br />DEF AUL T AND REMEDIES <br /> <br />Section 15.01. This Agreement is made on condition that if: <br /> <br />(a) Lessee defaults in the due and punctual making of the Payments and such <br />default continues for a period of five (5) days after the date such Payments or portion thereof <br />fall due, or <br /> <br />(b) Lessee defaults in the due and punctual payment of any sums due under this <br />Agreement lease other than the Payments, and such default continues for a period of twenty <br />(20) days after notice of such default is given to the Lessee by the Lessor or the Trustee, or <br /> <br />(c) Lessee defaults in the performance of any of its obligations under this <br />Agreement (other than those in (a) and (b) above) as and when required, and such non- <br />performance continues for a period within which performance is required to be made by <br />specific provision of this Agreement or, if no such period is provided, for a period of thirty <br />(30) days after notice thereof is given to Lessee by Lessor or the Trustee (or within such <br />additional period, if any, as may be reasonably required to cure such default if it is of such <br />nature that it cannot reasonably be cured within such thirty (30) day period because of any <br />cause beyond the control of the Lessee), <br /> <br />then Lessor may, at the election of Lessor then or at any time thereafter while such event of default <br />shall continue (but only with the written consent of the Trustee), give Lessee written notice of <br />intention to terminate this Agreement and the term herein provided for on a date specified therein, <br />which date shall not be earlier than thirty (30) days after such notice is given, and if all defaults have <br /> <br />13 <br />
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