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ATTACHMEtJj.11 B Page 23 (d) (1) The making by Lessee of any general arrangement or assignment for the benefit of creditors, with the exception of the assignments to or the successors or assigns of either of them; (2) Lessee becomes a "Debtor" as defined in 11 U.S.C. slOt, or any successor statute thereto (unless, in the case of a petition filed against Lessee, the same is dismissed within sixty (60) days); (3) The appointment of a trustee or receiver to take possession of all or substantially all of Lessee's assets located at or on the Leased Premises or of Lessee's interest in this Lease where possession is not restored to Lessee within thirty (30) days; or (4) The attachment, execution or other judicial seizure of all or substantially all of Lessee's assets located at or on the Leased Premises or of Lessee's interest in this Lease, where such seizure is not discharged within thirty (30) days. Provided, however, in the event that any provision of this Paragraph 12.01(d) is contrary to any applicable law, such provision shall be of no force or effect. 12.02 Remedies. In the event of any such material default or breach by Lessee, Lessor may at any time thereafter, with or without notice or demand and without limiting Lessor in the exercise of any right or remedy which Lessor may have by reason of such default or breach: (a) Terminate Lessee's right to possession of the Leased Premises by any lawful means, in which case this Lease shall terminate and Lessee shall immediately surrender possession of the Leased Premises to Lessor. In such event, Lessor shall be entitled to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including, but not limited to, the cost of recovering possession of the Leased LeaseAgreernent-CommunicationsSite - 02/02/06 SITE #599A 21 .,.