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<br />203193300.19 -39- <br /> <br />(c) A criminal violation of any state or federal antitrust law; <br />(d) Violation of the Racketeer Influence and Corrupt Organization Act, 18 U.S.C. § <br />1961 et seq., or the Mail Fraud Act, 18 U.S.C. § 1341 et seq., for acts in <br />connection with the submission of bids or proposals for a public or private <br />contract; or <br />(e) Conspiracy to commit any act or omission that would constitute grounds for <br />conviction or liability under any statute described in subparagraph (d) above. <br />18.1.10 If Operator or any of its officers, directors, partners, managers, 5 percent or greater <br />owners, principals, or other employees or persons substantially involved in its activities <br />(a) are subject to a judgment of civil liability under any state or federal antitrust law for <br />acts or omissions in connection with the submission of bids or proposals for a public or <br />private contract, or (b) intentionally makes or causes to be made any false, deceptive, <br />or fraudulent material statement in any bid, proposal, or application for government <br />work, and the individual responsible for such act, omission or material misstatement, if <br />an employee, has not been terminated by Operator, or if not an employee, the <br />relationship therewith has not been terminated, within 30 days after such judgment is <br />entered into in the case of clause (a) above or after a judgment is entered into that any <br />such material statement was intentionally false, deceptive or fraudulent in the case of <br />clause (b). <br />18.2 If a Default occurs, then, subject to Sections 3.5 and 18.3, MTC shall, at MTC’s option, <br />have any or all of the following remedies, all cumulative (so exercise of one remedy shall not preclude <br />exercise of another remedy), in addition to such other remedies as may be available at law or in equity or <br />under any other terms of this Agreement. MTC’s remedies include, but are not limited to: <br />18.2.1 Cause a withdrawal from the Security Fund, pursuant to Section 15, subject to any <br />right of Operator to contest such withdrawal pursuant to the Dispute Resolution <br />Process; <br />18.2.2 Seek actual, direct damages only from Operator for such Default (and notwithstanding <br />anything to the contrary herein, in no event shall MTC be entitled to special, <br />consequential or punitive damages under this Agreement); <br />18.2.3 Seek to restrain by injunction the continuation of such Default; <br />18.2.4 Purchase the Equipment at its then fair market value, subject to the rights of the <br />Recognized Lender not to permit the sale of the Equipment to MTC; <br />18.2.5 Pursue any other remedy permitted by law or in equity or in this Agreement; or <br />18.2.6 Terminate this Agreement, subject to the rights of the Recognized Lender. <br /> <br /> <br />18.3 Nothing in this Agreement precludes Operator from contesting the existence of such <br />Default or the breach, failure or other occurrence underlying a Default in accordance with this Section