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(e)An insolvency petition is filed against Borrower under any bankruptcy, insolvency, or similar law or seeking the reorganization of or the appointment of a receiver, trustee, or liquidator for Recipient, or of a substantial part of the property of the Recipient’s, or a writ or warrant of attachment or similar process shall be issued against a substantial part of the property of Recipient, and such petition shall not be dismissed, or such writ or warrant of attachment or similar process shall not be released or bonded, within sixty (60) days of filing of levy. 5.2REMEDIES AND RIGHTS UPON DEFAULT.Upon the occurrence of an Event of Default, City shall have all remedies available to it under law or equity, including, but not limited to the following, and City may, at its election, without notice to or demand upon Borrower, except for notices or demands required by law or expressly required pursuant to this Agreement, exercise one or more of the following remedies: a)Seek specific performance to enforce the terms of this Agreement; b) Accelerate and declare the balance of the City Note and interest accrued thereon immediately due and payable; c)Pursue any and all other remedies available under any other Loan Document; d)Terminate Borrower’s right to use or occupy the Property. Borrower understands that the Property is owned by the City, and expressly acknowledges and agrees that an Event of Default shall give the City the right to terminate Borrower’s right to use or occupy the Property, notwithstanding Borrower’s rights under any other agreement regarding use of the Property. e)Pursue any and all other remedies available under law to enforce the terms of this Agreement and City's rights hereunder. 5.3REMEDIES CUMULATIVE.Each of the remedies provided herein is cumulative and not exclusive of, and shall not prejudice any other remedy provided herein. The City may exercise from time to time any rights and remedies available to it under applicable law, in addition to, and not in lieu of, any rights and remedies expressly granted in this Agreement or in any other instrument or notice, demand or legal process of any kind. ARTICLE VI RESERVED ARTICLE VII MISCELLANEOUS 7.1NOTICES. All notices to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other Party in accordance with this Section. All suchnotices sent by personal delivery shall be deemed delivered upon receipt and all notices sent first class, postage prepaid, return receipt requested shall be deemed delivered five (5) business days after deposit in the United States mail. City:City of San Leandro 11 3239132.3 City Loan Agreement