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8/20/2014 2:16:44 PM
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8/20/2014 2:13:17 PM
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Parks and Open Space
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22. Waiver. Any waiver by City or The Science Factory of strict compliance with the terms of <br />this Lease must be in writing, signed by the waiving party, and shall not be a waiver of any <br />subsequent or other noncompliance, violation, breach or default. <br />23. Remedies on Default if a Default Occurs. Upon the occurrence of an event of default by <br />The Science Factory: <br />23.1 Termination. This Lease may be terminated at the option of City by giving written <br />notice to The Science Factory. <br />23.2 Damages Without Termination. City may elect to continue this Lease, and to <br />recover damages from the party in default. <br />23.3 Cure Rights. City may elect to cure the default and recover from The Science <br />Factory the cost of the cure upon demand, together with interest at the rate of nine <br />percent (9 %) per annum from the date of demand. <br />23.4 Cumulative Rights. City shall be entitled to any other right or remedy provided in <br />this Agreement, in any other agreement between City and The Science Factory <br />(including, but not limited to, the Option Agreement executed contemporaneously <br />herewith), at law or in equity, all of which rights and remedies are cumulative and <br />may be exercised singularly, simultaneously, concurrently or successively. <br />24. Termination. This Lease may be terminated by mutual written agreement of The Science <br />Factory and City. <br />25. Attorney Fees. In the event any legal proceeding is commenced for the purpose of <br />interpreting or enforcing any provision of this Lease, rescinding the Lease, or to collect any <br />indebtedness hereunder, the prevailing party in such proceeding shall be entitled to recover <br />reasonable attorney fees in the proceeding, or any appeal or review thereof, to be set by the <br />court without the necessity of hearing testimony or receiving evidence, in addition to the <br />costs and disbursements allowed by law. In addition, in the event of default by either party <br />in performance of this Lease, the defaulting party agrees to pay all reasonable attorney fees <br />and legal expenses incurred by the non - defaulting party in collecting any sums due <br />hereunder, even though no litigation is filed. <br />26. Severability. Invalidation of any term or provision herein by judgment or court order, or <br />otherwise, shall not affect any other provision, which will remain in full force and effect. <br />27. Paragraph Headings. The paragraph headings appearing in this Lease are not to be <br />construed as interpretations of the text, but are inserted for convenience and reference of the <br />reader only. <br />28. Entire Agreement. This Lease (including the Recitals and Exhibits), together with the <br />Acquisition Agreement and the Option Agreement (collectively, the "Property Transfer <br />Agreements'), embody the entire agreement of the parties relating to The Science Factory's <br />GROUND LEASE - 11 Exhibit B - Page 11 of 12 <br />
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