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8/15/18 <br />9.1 Defaults and remedies. In the event of any breach by CITY of any covenant of CITY under this <br />remedies. <br />LEASE, PROJECT shall have the right to deliver to CITY a written notice specifying such breach <br />or non-payment, and unless within thirty (30) days from and after the date of delivery of such notice <br />CITY shall have commenced to remove or to cure such breach or occurrence and shall be proceeding with <br />reasonable diligence to completely remove or cure such breach or occurrence (provided such breach or <br />occurrence must be cured within 120 days after such notice), then PROJECT shall have all remedies <br />available at law or in equity, including, without limitation, termination, injunction and specific <br />performance. All remedies of PROJECT under this LEASE shall be cumulative, and the failure to assert <br />any remedy or the granting of any waiver of any event of default shall not be deemed to be a waiver of <br />such remedy or any subsequent event of default. <br />ARTICLE 10. Condemnation <br />10.1. Definitions. Whenever used in this Article, the following words shall have the definitions and <br />meanings hereinafter set forth: <br />"Condemnation Proceeding": Any action brought for the purpose of any taking of the theater, or any <br />part thereof or of any property interest therein (including, without limitation, the right to the temporary <br />use of all or any portion of the theater), by competent authority as a result of the exercise of the power <br />of eminent domain, including a voluntary sale to such authority either under threat of condemnation <br />or while such action or proceeding is pending. <br />"Taking or Taken": The event and date of vesting of title to the theater or any part thereof or any property <br />interest therein (including, without limitation, the right to the temporary use of all or any portion of the <br />Leased Premises), pursuant to a Condemnation Proceeding. <br />10.2. Efforts to Prevent Taking. CITY shall use its best efforts to cause all other competent <br />authorities with the power of eminent domain to refrain from instituting any Condemnation Proceedings <br />or exercising any other powers of eminent domain with respect to the Leased Premises, or any part <br />thereof or any interest therein, during the Term of this LEASE. <br />10.3. Entire Taking. If all or substantially all of the Leased Premises shall be Taken in Condemnation <br />Proceedings, from and after the date of such Taking and PROJECT and CITY shall not have any <br />other obligations under this LEASE with respect to the Leased Premises, except for those obligations <br />which expressly survive the termination hereof. <br />10.4. Partial Taking. <br />If less than all of the theater shall be Taken in any Condemnation Proceeding, from and after <br />the date of such partial Taking PROJECT and CITY shall not have any other obligations <br />under this LEASE with respect to the portion of the theater that has been Taken, except for <br />those obligations which expressly survive the termination hereof. <br />1'a) If, following such Taking, PROJECT determines that the remaining leased area is <br />insufficient to operate a theater as intended by the Parties hereto, then PROJECT, at its <br />10 <br />