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AKTICLE XII <br /> <br />EVENTS OF DEFAULT AND REMEDIES <br /> <br /> Section 12. i. Events of Default Defined. The following shall be "events of default" <br />under tkis Lease and the terms "events of default" and "default" shall mean, whenever they are <br />used in this Lease, with respect to the Project, any one or more of the following events: <br /> <br /> (i) Failure by Tenant to pay any Rental Payment or other payment <br />required to be paid under this Lease at the time specified herein and, except in the 'case of <br />a failure to pay when due any Rental Payment, the continuation of said failure for a <br />period of seven days. <br /> <br /> (ii) Failure by Tenant to observe and perform any covenant, condition or <br />agreement on its part to be observed or performed, other than as referred to in clause (i) <br />of this section, for a period of thirty days after written notice specifying such failure and <br />requesting that it be remedied has been given to Tenant by Landlord, unless Landlord <br />shall agree in writing to an extension of such time pr/or to its expkation; provided, <br />however, if the failure stated in the notice cannot be corrected within the applicable <br />period, Landlord will not unreasonably withhold its consent to an extension of such time <br />if corrective action is instituted by Tenant within the applicable period and diligently <br />pursued until the default is corrected. <br /> <br /> (iii) The filing by Tenant of a voluntary petition in bankruptcy; or failure <br />by Tenant promptly to lift any execution, garnishment or attachment of such consequence <br />as would impair the ability of Tenant to carry on its governmental or proprietary function; <br />or adjudication of Tenant as a bankrupt; or assignment by Tenant for the benefit of. <br />creditors, or the entry by Tenant into an agreement of composition with creditors; or the <br />approval by a court of competent jurisdiction of a petition applicable to Tenant in any <br />proceedings instituted under the provisions of federal bankruptcy laws, or any similar <br />acts which may hereafter be enacted. <br /> <br /> (iv) The vacation or ab..andonment by the Tenant of the Project For a <br />period of ninety consecutive days. <br /> <br />rl-'he provisions of this section and Section 12.2 are subject to the following limitation: if by <br />re,on of force maieure Tenant is unable in whole or in part to carry out its obligations under this <br />Lease with respect to the Project, other than its obligation to pay Rental Payments with respect <br />thereto, which shall be paid when due notwithstanding the provisions of this paragrap.h., Tenant <br />shall not be deemed in default during the continuance of such inability. The term "force <br />majeure" as used herein shall mean, without limitation, the following: acts of God; strikes, <br />tockouts or other labor disturbances; acts of publi.c enemies; orders or restraints of any kind of <br />the government of the United States of. America or the State or their respective depmtments, <br />agencies or officials, or any civil or military authority; insurrections; riots, landslides; <br />earthquakes; fires; storms; droughts; floods; explosions; breakage or accident to machinery, <br />~rm~smission pipes or canals; or any other cause' or event not reasonably within the control of <br /> <br />49 <br /> <br /> <br />