R2011-136 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT

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B. Require Lessee at Lessee's risk and expense to promptly return the Property in the manner and in the condition set forth in Sections 4.05 and 6.01 hereof; C. If Lessor is unable to repossess the Property for any reason, the Property shall be deemed a total loss and Lessee shall pay to Lessor the amount due pursuant to Article VII hereof; and D. Take whatever other action at law or in equity may appear necessary or desirable to enforce its rights as the owner of the Property. Section 11.03 No Remedy Exclusive. No remedy herein conferred upon or reserved to Lessor is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be a waiver thereof, but any such right and power may be exercised as often as may be deemed expedient. ARTICLE XII: MISCELLANEOUS. Section 12.01 Notices. All notices or other communications hereunder shall be deemed given when delivered or mailed by registered mail, postage prepaid, to the parties at their respective place of business. Section 12.02 Severability. The captions or headings in this Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provisions or sections of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by an court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provisions hereof. For purposes of assignment, only the original Lease (Lessor's copy) shall be deemed an original. Section 12.03 Late Payments and Advances. In the event Lessee fails to pay when due any rent payments or other amounts due hereunder or to perform any of its obligations under this Agreement, Lessor may at its option pay such amounts or perform such obligation, and Lessee shall pay or reimburse Lessor the amount of such rent payment or other cost upon demand, together with interest at the rate of eighteen percent (18%) per annum or the highest rate permitted by Law, whichever is less. Section 12.04 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. Section 12.05 Entire Agreement. This Agreement constitutes the entire agreement between Lessor and Lessee and may not be amended, altered or modified except by written instrument signed by Lessor and Lessee. There are no understandings, agreements, 9