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~I! <br />10.2 Indemnification. To the extent permitted by law, the Board of Education shall and <br />hereby agrees to indemnify and save the County harmless against and from all claims, by or on <br />behalf of any person, firm, corporation or other legal entity arising from the operation or <br />management of the Leased Property by the Board of Education during the Lease Term, including <br />any arising from: (a) any condition of the Leased Property; (b) any act of negligence of the <br />Board of Education or of any of its agents, contractors' or employees or any violation of law by <br />the Board of Education or breach of any covenant or warranty by the Board of Education <br />hereunder; or (c) the incurrence of any cost or expense in connection with the acquisition and <br />construction of the Facilities in excess of the monies available therefore. <br />ARTICLE XI <br />EVENTS OF DEFAULT <br />11.1 Events of Default. The following shall be "Events of Default" under this Lease, <br />and term "Default" shall mean, whenever it is used in this Lease, any one or more of the <br />following events: <br />(a) The Board of Education's failure to make any payments hereunder when <br />due after a 60-day opportunity to cure; <br />(b) The Board of Education's failure to observe and perform any covenant, <br />condition or agreement on its part to be observed or performed for a period of thirty (30) days <br />after written notice specifying such failure and requesting that it be remedied shall have been <br />given to the Board of Education by the County, unless the County shall agree in writing to an <br />extension of such time prior to its expiration; provided, however, if the failure stated in the notice <br />cannot be corrected within the applicable period, neither the County shall unreasonably withhold <br />its consent to an extension of such time if corrective action is instituted by the Board of <br />Education within the applicable period and diligently pursued until such failure is corrected; and <br />further provided, that if by reason of Force Majeure the Board of Education is unable in whole or <br />in part to carry out any of its agreements contained herein (other than its financial obligations <br />under this Lease), the Board of Education shall not be deemed in default during the continuance <br />of such event or occurrence. <br />11.2 Remedies On Default. Whenever any Event of Default shall have happened <br />and be continuing, the County may take one or any combination of the following remedial steps: <br />(a) Collect damages; or <br />(b) Have reasonable access to and inspect, examine and make copies of the Board <br />of Education's books and records and accounts relating to the Leased Property during the Board <br />of Education's regular business hours, if reasonably necessary in the County's opinion. <br />WCSR 4071622v1 <br /> <br />i] <br />i~ <br />i <br /> <br /> <br /> <br />i <br />0 <br />i] <br />7 <br /> <br /> <br />u <br />ii <br /> <br />C <br />Attachment number 3 <br />F-10 Page 144 of 320 <br />