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<br />B. Reenter and take possession of the Leasehold Property without terminating this Lease <br />Agreement or the leasehold estate created in this Lease Agreement, sublease the Leasehold <br />Property, the Improvements (and any other improvements on the Leasehold Property) for <br />the account of Lessee, holding Lessee liable for any deficiency in rents; <br />C. Cure any default by Lessee pursuant to any mortgage approved by the City pursuant to this <br />Lease Agreement and charge any sums paid in connection with curing such default as <br />Additional Rent payable by Lessee; or <br />D. Take whatever action at law or in equity may appear necessary or appropriate to collect <br />rental payments or Additional Rent due under this Lease Agreement, or to obtain <br />performance and observance of any obligation, agreement, or covenant to be performed by <br />Lessee under this Lease Agreement. <br />Section 12.3 Exercise of Remedies. No remedy conferred upon or reserved to the City <br />pursuant to this Lease Agreement is intended to be exclusive of any other available remedy or <br />remedies, but each and every such remedy shall be cumulative and shall be in addition to every <br />other remedy given under this Lease Agreement or now or hereafter existing at law or in equity or <br />by statute. No delay or omission to exercise any remedy shall be construed to be a waiver of the <br />right to exercise such remedy. No waiver of the right to exercise any particular remedy shall be <br />construed to be a waiver of the right to exercise any other remedy. No waiver of the exercise of <br />all remedies with respect to an Event of Default shall be construed to be a waiver of any remedies <br />with respect to any other Event of Default. <br />ARTICLE 13 <br />SURRENDER <br />Section 13.1 Surrender. Except as is herein otherwise provided, Lessee shall on the last <br />day of the Term or any Renewal Term, or upon any earlier termination of this Lease Agreement, <br />surrender and deliver up the Leasehold Property and the Improvements to the possession and use <br />of the City without delay and in good order, condition and repair, except for reasonable wear and <br />tear after the last necessary repair, replacement, restoration or renewal made by Lessee, pursuant <br />to its obligations hereunder, free and clear of all lettings and occupancies other than subleases then <br />terminable at the option of the City, and free and clear of all liens and encumbrances other than <br />those, if any, presently existing or created or suffered by the City, without any payment or <br />allowance whatever by the City on account of any improvements which may be on the Leasehold <br />Property. <br />A. Where furnished by or at the expense of Lessee or any subtenant, furniture, trade fixtures, <br />and business equipment may be removed by Lessee at or prior to the termination of this <br />Lease Agreement or by such subtenant at or prior to the termination of its sublease, <br />provided, however, that the removal of such furniture, trade fixtures, or business equipment <br />will not injure the Leasehold Property or the Improvements or necessitate changes in or <br />repairs to the same. Lessee shall pay or cause to be paid to the City the cost of repairing <br />any damage arising from such removal and restoration of the Leasehold Property and <br />Improvements to their condition prior to such removal. <br />16 <br />2067394.0015/184093281.2 <br /> <br />