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8.2. Remedies available. Upon the occurrence and during the continuance of an Event of Default, CITY <br />shall have all remedies available at law or in equity, including, without limitation, termination, injunction <br />and specific performance. <br />8.3. Waiver. All remedies of CITY under this LEASE shall be cumulative, and the failure to assert any <br />remedy or the granting of any waiver by City of any event of default by PROJECT of the terms, covenants, <br />conditions, or provisions of the LEASE shall not be deemed to be a waiver of any other breach of the same <br />or other term, covenant, condition, or provision of this LEASE terminated for any of the reasons set out <br />above and shall not bar the right of City to subsequently terminate this Management LEASE for any of the <br />reasons set out above. <br />8.4. Defeasance. Should PROJECT cease to exist, the Theater facility, including all improvements made <br />by PROJECT, shall revert back to control of CITY. <br />ARTICLE 9. Default of CITY <br />9.1 De,._fault_and remedies. In the event of any breach by CITY of any covenant of CITY under this LEASE, <br />PROJECT shall have the right to deliver to CITY a written notice specifying such breach or non-payment, <br />and unless within thirty (30) days from and after the date of delivery of such notice CITY shall have <br />commenced to remove or to cure such breach or occurrence and has commenced with reasonable diligence <br />to completely remove or cure such breach or occurrence (provided such breach or occurrence must be cured <br />within one hundred twenty (120) days after such notice), then PROJECT shall have all remedies available <br />at law or in equity, including, without limitation, termination, injunction and specific performance. All <br />remedies of PROJECT under this LEASE shall be cumulative, and the failure to assert any remedy or the <br />granting of any waiver of any event of default shall not be deemed to be a waiver of such remedy or any <br />subsequent event of default. <br />ARTICLE 10. Condemnation <br />10.1. <br />Definitions. Whenever used in this Article, the following words shall have the definitions and <br />, <br />meanings hereinafter set forth: <br />"Condemnation Proceeding": Any action brought for the purpose of any taking of the Theater, or any part <br />thereof or of any property interest therein (including, without limitation, the right to the temporary use of all <br />or any portion of the Theater), by competent authority as a result of the exercise of the power of eminent <br />domain, including a voluntary sale to such authority either under threat of condemnation or while such action <br />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 authorities with <br />„ <br />the power of eminent domain to refrain from instituting any Condemnation Proceedings or exercising any <br />10 <br />