City Remedies in the Event of Concessionaire’s Default. If Concessionaire Defaults and such Default continues or has not been remedied to the Superintendent’s reasonable satisfaction within thirty (30) days after written notice of Default has been provided to Concessionaire, then City shall have the nonexclusive rights and remedies that follow: (i) to cure the Default on Concessionaire’s behalf and at Concessionaire’s sole expense and to charge Concessionaire for all actual and reasonable costs and expenses incurred by City in effecting such cure as an additional charge; (ii) to terminate this Agreement by written notice to Concessionaire; and (iii) to re-enter said Xxxxxxxx and take possession thereof without liability to Concessionaire of any kind. Notwithstanding the foregoing, for any Default other than monetary Default, failure to maintain required insurance, or vacation or abandonment of the Premises, if the nature of Concessionaire’s Default is such that more than thirty (30) days is required for remedy, then Concessionaire shall not be in Default if it commences the remedy within such thirty (30) day period and thereafter diligently prosecutes the same to completion. Concessionaire shall be liable and shall reimburse the City upon demand for all actual and reasonable costs and expenses of every kind and nature incurred in retaking possession of the Premises. If the City retakes the Premises, the City shall have the right, but not the obligation, to remove therefrom all or any part of the personal property located thereon and may exercise City’s rights under Section 21. City’s remedies under this Section 20.2 are cumulative and City does not waive its right to any remedy allowed at law or equity.
