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Section 12. Toxic Waste Clean -up. <br /> Emerald Valley shall have no obligation and shall assume no liability for any and all costs <br /> associated with any governmentally- required clean-up or removal of toxic waste resulting from the <br /> prior use of the Premises by any individual or entity other than Emerald Valley. <br /> Section 13. Default. <br /> Each of the following events shall be a default by Emerald Valley and a breach of this lease: <br /> 13.1 Failure to Pay Rent. Failure of Emerald Valley to pay any basic rent payment within <br /> ten (10) days after it is due. <br /> 13.2 Cessation of BMX Use. Failure of Emerald Valley to provide recreational activities <br /> to youth of the City of Eugene in the form of BMX (bicycle motocross) on the Premises. <br /> 13.3 Other Performance Failures. Failure of Emerald Valley to perform any other term, <br /> condition or covenant of this lease within twenty (20) days after written notice from City specifying <br /> the nature of the failure with reasonable particularity. If the failure is of such a nature that it cannot <br /> be completely remedied within the twenty (20) -day period, the failure shall not be a default if <br /> Emerald Valley begins correction of the failure within the twenty (20) -day period and thereafter <br /> proceeds with reasonable diligence and in good faith to correct the failure as soon as practicable. <br /> 13.4 City's Remedies Upon Default. Upon default and after the notice period described <br /> in 13.3 above, City may by notice to Emerald Valley and to any qualifying mortgagee terminate this <br /> lease as of the date of the notice. All of Emerald Valley's rights in the Premises and in all <br /> improvements on the Premises shall terminate as of the date of termination. Promptly after such <br /> notice, Emerald Valley shall surrender and vacate the Premises and all improvements broom clean <br /> and in good condition. Termination under this paragraph shall not relieve Emerald Valley from the <br /> payment of any sum then due to City or from any claim for damages previously accrued or then <br /> accruing against Emerald Valley. <br /> Section 14. Miscellaneous. <br /> 14.1 Nonwaiver. Waiver by either party of strict performance of any provision or term <br /> of this lease shall not be a waiver of or prejudice the party's right to require strict performance of the <br /> same provision or any other provision. <br /> 14.2 Status of Emerald Valley. Within 30 days of any written request by City, Emerald <br /> Valley shall provide to City copies of Emerald Valley's current bylaws, registration with the <br /> Secretary of State, minutes of meetings of Emerald Valley during the current lease term and any <br /> other documents reasonably related to Emerald Valley's status as an organization and to its policies, <br /> procedures and actions related to compliance with this lease. <br /> Lease - Page 7 DRAFT - FOR DISCUSSION ONLY- 9/4/02 <br />