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12.2.2. Repossession. Following termination by Fox, without prejudice to other <br /> remedies Fox may have, Fox may (i) peaceably re-enter the Premises upon voluntary <br /> surrender by City or remove City therefrom and any other persons occupying the <br /> Premises, using such legal proceedings as may be available; (ii) repossess the Premises <br /> or re-let the Premises or any part thereof for such term (which may be for a term <br /> extending beyond the Term), at such rental and upon such other terms and conditions <br /> as Fox in Fox's sole discretion shall determine, with the right to make reasonable <br /> alterations and repairs to the Premises; and (iii) remove all personal property therefrom. <br /> 12.3. Cumulative. Each right and remedy provided , for herein or now or hereafter <br /> existing at Law, in equity, by statute or otherwise shall be cumulative and shall not <br /> preclude the exercise of any other rights or remedies provided for in this Agreement or <br /> now or hereafter existing at Law or in equity, by statute or otherwise. No payment by <br /> City of a lesser amount than the Rent nor any endorsement on any check or letter <br /> accompanying any check or payment of Rent shall be deemed an accord and satisfaction <br /> of full payment of Rent; and Fox may accept such payment without prejudice to Fox's <br /> right to recover the balance of such Rent or to pursue other remedies. <br /> 13. Termination by City. <br /> City may terminate the tenancy by giving written notice on any date to the Fox at least 30 days <br /> prior to the intended termination date. This Agreement shall be deemed terminated on the date set <br /> forth in the written notice. If City terminates the tenancy pursuant to this Section 13, Fox's <br /> obligations to lease the Premises pursuant to the DDA and Section 3 shall be deemed to have been <br /> performed in full. <br /> 14. SURRENDER. <br /> UPON THE TERMINATION OF THIS AGREEMENT OR CITY' S RIGHT TO POSSESSION <br /> OF THE PREMISES, CITY WILL SURRENDER THE PREMISES, TOGETHER WITH ALL <br /> KEYS, IN GOOD CONDITION AND REPAIR, REASONABLE WEAR AND TEAR <br /> EXCEPTED. <br /> Page 15 of 17 <br /> ATTY/AGR/2016.287/FOX THEATER AGREEMENT <br /> REV: 0-29-16 JS <br />