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possession or eject some and not others or eject none. Termination under this Section 11.5.1 shall not relieve Waste Management from the payment of any sum then due to City or from any claim for damages previously accrued or then accruing against Waste Management. 11.5.2 Re-entry Without Termination. City may, at City's election, re-enter the Premises and, without terminating this Lease, at any time and from time to time relet the Premises and improvements or any part or parts of them for the account and in the name of Waste Management or otherwise. City may, at City's election eject all persons or eject some and not others or eject none, 11.5.3 Waste Management's Personal Property. City may, at City's election, remove Waste Management's personal property and trade fixtures or any of such property and fixtures without compensation and without liability for removal or damage, and store them for the account of and at the cost of Waste Management. The election of one remedy for any one item shall not foreclose an election of any other remedy for another item or for the same item at a later time. 11.6 Notice of City's Default. City shall not be considered to be in default under this lease unless: (a) Waste Management has given notice specifying the default; and (b) City has failed for thirty (30) days to cure the default, if it is curable, or to institute and diligently pursue reasonable corrective or ameliorative acts for non- curabledefaults. 11.7 Provisions Applicable to Both Parties. 11.7.1 Unavoidable Default or Delay. Any prevention, delay, non-performance or stoppage due to any of the following causes shall excuse non-performance for a period equal to any such prevention, delay, non-performance or stoppage, except the obligations imposed by this Lease for the payment of taxes and/or insurance. The causes referred to above are strikes, lock-outs, labor disputes, acts of public enemies of this state or of the United States, riots, insurrections, civil commotion, inability to obtain labor or materials or reasonable substitutes therefore, governmental restrictions or regulations or controls (except those reasonably foreseeable in connection with the uses contemplated by this Lease). 11.7.2 Waiver, Voluntary Acts. No waiver of any default shall constitute a waiver of any other breach or default, whether of the same or any other covenant or condition. No waiver, benefit, privilege or service voluntarily given or performed by either party shall give the other any contractual right by custom, estoppel or otherwise. 11.8 Repair of Damage to Premises by City. Waste Management shall promptly notify City of any damage to the Premises resulting from fire or any other casualty or any condition existing at the Premises as a result of a fire or other casualty that would give rise to the terms of this Article. If the Premises or any areas serving or providing access to the Premises shall be damaged by fire or other casualty or be subject to a condition existing as a result of a fire or other casualty, Waste Management shall promptly and diligently, subject to available insurance proceeds and delays for other matters beyond Waste Management's reasonable control, 622009-1 16