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20.1 Default in Rent. Failure by Lessee to cure a delinquency in the payment of rent within thirty <br /> (30) days of the date of written notice from City that the rent is delinquent; <br /> <br /> 20.2 Improper Use. Immediately, upon use of the Premises for a purpose other than that <br /> specified in Subsection 1.2; <br /> <br /> 20.3 Default in Insurance. Immediately upon failure of Lessee to prevent the expiration, lapse or <br /> cancellation of any insurance required by this agreement; <br /> <br /> 20.4 Default in Other Covenants. Failure of either party to comply with any other terms or <br /> conditions or fulfill any other obligation of this lease within 30 days after written notice by the other <br /> party specifying the nature of the default with reasonable particularity; or <br /> <br /> 20.5 Insolvency. Assignment by Lessee for the benefit of creditors, the filing by Lessee of a <br /> voluntary petition in bankruptcy, and adjudication that Lessee is bankrupt, or the appointment of a <br /> receiver of the property of Lessee, the filing of an involuntary petition of bankruptcy and failure of <br /> Lessee to secure dismissal of the petition within 60 days after filing, attachment or levying of <br /> execution on the leasehold interest and failure of Lessee to secure discharge of the attachment or <br /> release of the levy of execution within 30 days. <br /> <br /> 20.6 Recurring Default. If Lessee cures a default in the manner described in subsection 20.4 <br /> above, in the event of Lessee's subsequent failure to comply with the same obligation within any 12 <br /> consecutive months or Lessee's violation of the same provision within any 12 consecutive months, no <br /> notice of the obligation or violation will need to be given prior to declaring an Event of Default. <br /> <br />21. Waiver of Default. Any waiver by City of strict compliance within the terms of this lease shall not be <br /> a waiver of any subsequent violation or default. <br /> <br />22. Remedies on Default if a Default Occurs. <br /> <br /> 22.1 Termination. Upon the occurrence of an Event of Default, this lease may be terminated at <br /> the option of City with five (5) days' prior written notice from City, provided that this lease shall <br /> terminate automatically upon the cancellation or lapse of any insurance required to be maintained by <br /> Lessee. <br /> <br /> 22.2 Damages without Termination. If this lease is not terminated by election of City or <br /> otherwise, City shall be entitled to recover damages from Lessee for the default. <br /> <br />23. Termination by City. In addition to termination upon an Event of Default or following the destruction <br />of the Premises, this lease may be terminated by City on April 1 of any year, to be effective June 30 of the <br />same year, upon a determination by the City manager that sufficient funding is not available for the continued <br />maintenance and support of the Premises. The Lessee's interest in the Premises will cease unless Lessee is <br />able to assume responsibility for maintenance. A termination of this Agreement for any reason shall not <br />prejudice any other remedy for breach of contract, damages, non-payment or otherwise which City has under <br />this Agreement or under law. <br /> <br />24 Annual Option to Renew. On or before April 1 of each year, EECA will inform the City in writing of <br />its intention to continue to lease the premises for the following fiscal year under the terms and conditions <br />described herein, or will inform the city of its intention to terminate the lease. EECA may opt out of the lease <br /> <br />2006-03803 <br />Kaufman Senior Center Lease Page 9 <br /> <br /> <br />