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200510853 ARTICLE XVI REMEDIES TO BE CUMULATIVE (No Implied Waiver) Lessor and Lessee shall each be entitled to specific performance and injunctive or other equitable relief for any breach or threatened breach of any of the provisions of this Agreement, notwithstanding the availability of an adequate remedy at law, and each party hereby waives the right to raise such defense in any proceeding in equity. The specific remedies provided for in this Agreement are cumulative and not exclusive of any other remedy. The failure of any party to insist in anyone or more cases upon strict performance shan not be construed as a waiver or relinquishment for the future. No acceptance of rent with knowledge of any default shall be deemed a waiver of such default. ARTICLE XVll ASSIGNMENT OF LEASE-AMENDMENTS-REMEDIES OF TRUSTEE Lessee accepts notice that this Agreement has been or is to be assigned and pledged to the Trustee, and that the Payments and additional rent payable to Lessor under this Agreement have likewise been or are to be assigned to the Trustee to provide payment for and as security for the Building Bonds issued by Lessor; and Lessee consents and agrees for the benefit of the Trustee and the registered owners of said bonds, that until payment of an said bonds and interest thereon or until fimds sufficient for such payments have been duly provided, this Agreement may not be effectively amended, changed or modified except as permitted by the Indenture, and that the Trustee has and may exercise all rights and remedies of Lessor provided for in this Agreement, either in its own name or in the name ofthe Lessor. ARTICLE XVIII CONVEYANCE TO LESSEE On the termination of this Agreement, if the Lessee has paid an the rentals due to Lessor under the terms of this Agreement, Lessor will convey and transfer the Project to Lessee by good and sufficient instrument of conveyance free and clear of all liens and encumbrances, except any encumbrances caused by default of Lessee hereunder or agreed to by Lessee, and such conveyance shall be made without payment by Lessee of any additional rental or other consideration therefor. In the event that Lessee prepays the Payments in full as permitted under Article II in such manner that all bonds issued pursuant to the Indenture have been fully satisfied and any and an additional rentals then due have also been paid in full prior to the expiration of the term of this Agreement, this Agreement will thereupon be terminated and the Project transferred to the Lessee in the same manner and on the same conditions as above provided upon termination of this Agreement. 15