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of said written notice to cure the Default, provided, that if said <br />Default cannot reasonably be cured within ninety (90) days, District may <br />commence to cure said Default within said ninety (90) day period and <br />shall diligently pursue all necessary and appropriate action to cure <br />said Default within a reasonable time thereafter. If District does not <br />cure the Default in accordance with the provisions of this paragraph, <br />City may exercise its rights and remedies hereinafter provided. <br />Notwithstanding the above, in the case of abandonment of the School Site <br />by the District, as set forth in paragraph 30 (a)(2), City shall give <br />written notice to District to cure the default no sooner than one year <br />after such abandonment, and District shall have one year from receipt of <br />such notice to cure the default. <br />C. In the Default occurs while a Permitted Encumbrance is in <br />effect, City shall have the right to take possession of and occupy all <br />improvements on the School Site and use said improvements, at no cost to <br />City, for any lawful purpose. Notwithstanding the foregoing, if during <br />such possession, the trustee, agent, receiver, or other representative <br />of the bond holders, owners of certificates of participation, or other <br />beneficiaries of the Permitted Indebtedness gives not less than ninety <br />(90) days written notice to City of its intention to repossess the <br />School Site for a Permitted Use, City shall, upon the expiration of said <br />90 -day period vacate the School Site and permit re-entry of the School <br />Site for said Permitted Use. <br />d. If the Event of Default occurs after the expiration of a <br />Permitted Encumbrance, or the Default commences prior to the expiration <br />thereof, but continues beyond the date of said expiration, City shall <br />26 <br />ATN/AGR/2017/AMENDMENTS/AMEND NO. 1 TO JOINT USE AGREEMENT - SANDPIPER <br />REV: 03-02-17 JS Page 33 of 42 <br />