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(ii) A default by Agency in the performance of any of the terms, covenants, <br />agreements, or conditions in this Lease, other than a default by Agency in the payment when due <br />of any Rent, and the continuation of the default beyond thirty (30) days after notice by Lessor or, <br />if the default is curable and would require more than thirty (30) days to remedy, beyond the time <br />reasonably necessary for cure; <br />(iii) The bankruptcy or insolvency of Agency, a transfer by Agency in fraud of <br />creditors, an assignment by Agency for the benefit of creditors, or the commencement of <br />proceedings of any kind by or against Agency under the Federal Bankruptcy Act or under any <br />other insolvency, bankruptcy, or reorganization act, unless Agency is discharged from voluntary <br />proceedings within ninety (90) days; <br />(iv) The appointment of a receiver for a substantial part of Agency's assets; unless the <br />receiver is discharged within (90) days; or <br />(v) The abandonment of the Property for a period of thirty (30) days or more, or as <br />established pursuant to section 1951.3 of the California Civil Code. <br />10.2 Lessor Default. Lessor shall be in default of this Lease if Lessor fails or refuses to <br />perform any provision of this Lease that it is obligated to perform if the failure to perform is not <br />cured within thirty (30) days after written notice of default has been given by Agency to Lessor. <br />If such default cannot reasonably be cured within thirty (30) days, Lessor shall not be in default <br />of this Lease if Lessor commences to cure the default within the (30) day period, and diligently <br />and in good faith continues to cure the default. If Agency, by reason of Lessor's default, pays <br />any surn or does any act that requires the payment of any sum, the sum paid by Agency shall be <br />due from Lessor to Agency at the time Lessor receives notice of such payment. <br />ARTICLE XI <br />REMEDIES <br />11.1 Termination upon Default. Upon the occurrence of any Event of Default by Agency, <br />Lessor may, in addition to any other rights and remedies given here or by law, terminate this <br />Lease and exercise remedies relating to it without further notice or demand in accordance with <br />the following provisions: <br />(i) So long as the Event of Default remains uncured after notice as provided in <br />Section 13.2, Lessor shall have the right to give notice of termination to Agency, and on the date <br />specified in such notice, this Lease shall terminate. <br />(ii) If this Lease is terminated, Lessor may, by judicial process, reenter the Property, <br />remove all persons and property, and repossess and enjoy the Property, all without prejudice to <br />other remedies that Lessor may have because of Agency's default or the termination. <br />(iii) If this Lease is terminated, Lessor shall have all of the rights and remedies of a <br />landlord provided by Civil Code § 1951.2, in addition to any other rights and remedies Lessor <br />may have. The damages which Lessor may recover shall include, without limitation, (i) the <br />worth at the time of award of the unpaid rent which had been earned at the time of termination; <br />1137220-3 <br />