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<br />Attachment 1 <br /> <br />6.1C <br />Page 16 <br /> <br />shall not be deemed to be in default if Lessee commenced such cure within said Thirty (30) day period and <br /> <br />thereafter diligently prosecutes such cure to completion. <br /> <br />(d) <br /> <br />(1) <br /> <br />The making by Lessee of any general arrangement or assignment for the benefit <br /> <br />of creditors, with the exception of the assignments to <br /> <br />or the successors or assigns of <br /> <br />either of them; <br /> <br />(2) Lessee becomes a "Debtor" as defined in 11 U.S.C. ~101, or any successor <br /> <br />statute thereto (unless, in the case of a petition filed against Lessee, the same is dismissed within sixty (60) <br /> <br />days); <br /> <br />(3) The appointment of a trustee or receiver to take possession of all or substantially <br /> <br />all of Lessee's assets located at or on the Leased Premises or of Lessee's interest in this Lease where <br /> <br />possession is not restored to Lessee within Thirty (30) days; or <br /> <br />(4) The attachment, execution or other judicial seizure of all or substantially all of <br /> <br />Lessee's assets located at or on the Leased Premises or of Lessee's interest in this Lease, where such <br /> <br />seizure is not discharged within Thirty (30) days. <br /> <br />Provided, however, in the event that any provision of this Paragraph 12.01(d) is contrary <br /> <br />to any applicable law, such provision shall be of no force or effect. <br /> <br />12.02 Remedies, In the event of any such material default or breach by Lessee, Lessor may at <br /> <br />any time thereafter, with or without notice or demand and without limiting Lessor in the exercise of any <br /> <br />right or remedy which Lessor may have by reason of such default or breach: <br /> <br />(a) Tenninate Lessee's right to possession of the Leased Premises by any lawful means, in <br /> <br />which case this Lease shall tenninate and Lessee shall immediately surrender possession of the Leased <br /> <br />Premises to Lessor. In such event, Lessor shall be entitled to recover from Lessee all damages incurred by <br /> <br />Lessor by reason of Lessee's default, including, but not limited to, the cost of recovering possession of the <br /> <br />Leased Premises, expenses of reletting, including necessary renovation and alteration of the Leased <br /> <br />Premises, reasonable attorneys' fees, the worth at the time of award by the court having jurisdiction thereof <br /> <br />of the amount by which the unpaid rent for the balance of the term after the time of such award exceeds the <br /> <br />amount of such rental loss for the same period that Lessee proves could be reasonably avoided. <br /> <br />Lease Agreement-Communications Site - POE Tower (Redwood Shores Parkway and Radio Road) - Rev! (2/5107) <br /> <br />14 <br />