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long as continuation of the default does not create material risk to the <br />Project or to persons using the Project; <br />c. Janzen shall file or have filed against it or any guarantor of this Lease <br />benefit of its creditors. <br />If an Event of Default shall have occurred and be continuing, City may at its sole option <br />by written notice to Janzen terminate this Lease. Neither the passage of time after the occurrence <br />of the Event of Default nor exercise by City of any other remedy with regard to such Event of <br />Default shall limit City <br />If an Event of Default shall have occurred and be continuing, whether or not City elects <br />to terminate this Lease, City may enter upon and repossess the Property (said repossession being <br />hereinafter referred to <br />otherwise, and may remove Janzen and all other persons and property therefrom. <br /> Covenant of Quiet Enjoyment <br />13.. City covenants that it has the right to make this <br />Lease for the term aforesaid and covenants that if Janzen shall pay the rent and perform all of the <br />covenants, terms and conditions of this Lease to be performed by Janzen, Janzen shall, during the <br />Term, freely, peaceably and quietly occupy and enjoy the full possession of the Property. The <br />City under this Lease is limited to its interest in the Property and any insurance proceeds payable <br />to City with respect to the Property. <br /> No Representations by City <br />14.. Neither City nor any agent or employee of City <br />has made any representations or promises with respect to the Property except as herein expressly <br />set forth, and no right, privileges, easements or licenses are acquired by Janzen except as herein <br />expressly set forth. Janzen, by taking possession of the Property <br />except as expressly provided in this Lease and such taking of possession shall be conclusive <br />evidence that the Property is in good and satisfactory condition at the time of such taking of <br />possession. In addition to and without limitation of the immediately preceding sentence, Janzen <br />agrees that he is leasing the Property <br />basis, based upon his own judgment, and hereby disclaims any reliance upon any statement or <br />representation whatsoever made by City. CITY MAKES NO WARRANTY WITH RESPECT <br />TO THE PROPERTY, THE PROJECT OR ANY PART THEREOF, EXPRESS OR IMPLIED, <br />AND CITY SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY <br />AND OF FITNESS FOR A PARTICULAR PURPOSE AND ANY LIABILITY FOR <br />CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR THE INABILITY TO <br />USE THE PROPERTY, THE PROJECT OR ANY PART THEREOF. <br /> Surrender; Holding Over <br />15.. Upon the expiration of this Lease or the earlier <br />termination of JanzenJanzen shall immediately vacate the Property, <br />remove all of its property therefrom, remove any Hazardous Materials installed, used, generated, <br />stored or disposed of by Janzen, and leave the Property in the condition required by this Lease. <br />Any property not removed shall be deemed abandoned, and Janzen shall be liable for all costs of <br />removal and Janzen shall indemnify, defend and hold City harmless from any cost or liability due <br />to disposition of any property in the Property in which a person other than Janzen has an interest. <br />Should Janzen continue to occupy the Property, or any part thereof, after the expiration or <br />termination of the Term, whether with or without the consent of City, such tenancy shall be from <br /> 4 <br /> <br />