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200806452 Indenture, and upon any such declaration the amounts payable under Section 6.04 and 6.06 hereof shall become and shall be immediately due and payable in the amount set forth in Section 11.02 of the Indenture; provided, however, that an Event of Default shall be deemed waived and a declaration accelerating payment of unpaid Rent Payments payable under this Agreement shall be deemed rescinded without further action on the part of the Trustee or the Issuer upon any annulment by the Trustee of the corresponding declaration of acceleration of the Bonds under Section 11.02 of the Indenture. (b) Whatever action at law or in equity may appear necessary or desirable to collect the payment and other amounts then due or to enforce performance and observance of any obligation, agreement or covenant of the Company under this Agreement. (c) In addition to other remedies under the this Agreement, the Trustee, at the written direction of the Majority Holders, shall have the right to request that the Company retain a consultant expert in the business and operation of facilities such as the Facility (a "Consultant") to perform a study or report as to the deficiencies and suggested improvements for the Facility. So long as the Company is allowing the Consultant access to the Facility and its records, and, upon completion of a report satisfactory to the Majority Holders, so long as the Company is following the recommendations of the Consultant made in such report, then, in that event, and subject to the written direction of the Majority Holders, the Trustee shall take no other remedial action hereunder. In case the Issuer, with the consent of the Trustee, or the Trustee shall have proceeded to enforce its rights under this Agreement and such proceedings shall have been discontinued or abandoned for any reason or shall have been determined adversely to the Issuer and/or the Trustee, then and in every such case the Issuer, the Company and the Trustee shall be restored respectively to their several positions and rights hereunder, and all rights, remedies and powers of the Issuer, the Company and the Trustee shall continue as though no such proceeding had been taken. The Company covenants that, in case an Event of Default shall occur with respect to the payment of any Rent Payment payable under Sections 6.04 and 6.06 hereof, then, upon written demand of the Trustee, the Company will pay to the Trustee the whole amount that then shall have become due and payable under said Sections 6.04 and 6.06. In case the Company shall fail forthwith to pay such amounts upon such demand, the Trustee shall be entitled and empowered to institute any action or proceeding at law or in equity for the collection of the sums so due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, and may enforce any such judgment or final decree against the Company and collect in the manner provided by law out of the property of the Company, the moneys adjudged or decreed to be payable. Any sums collected by the Trustee shall be applied as provided in the Indenture. The Issuer or the Trustee may pursue all remedies now or hereafter existing at law or in equity to enforce the performance and observance of any other obligation or agreement of the Company under this Agreement, including, without limitation, exercising the remedies of mandamus or the appointment of a receiver in equity with 4834-8191-0786.7 36