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(i) Licensee shall fail to pay the Fee or any other sum of money due <br />hereunder and such failure shall continue for a period of ten (10) days after the <br />due date thereof; . <br />(ii) Licensee shall fail to comply with any provision of this Agreement <br />not requiring the payment of money, all of which terms, provisions and covenants <br />shall be deemed material, and such failure shall continue for a period of thirty <br />(30) days after written notice of such default is delivered to Licensee; <br />(iii) Licensee shall become insolvent or unable to pay its debts as they <br />become due, or Licensee notifies Railway that it anticipates either condition; <br />(iv) Licensee takes any action to, or notifies Railway that Licensee <br />intends to file a petition under any section or chapter of the United States <br />Bankruptcy Code, as amended from time to time, or under any similar law or <br />statute of the United States or any State thereof; or a petition shall be filed against <br />Licensee under any such statute; or <br />(v) a receiver or trustee shall be appointed for Licensee's license <br />interest hereunder or for all or a substantial part of the assets of Licensee, and <br />such receiver or trustee is not dismissed within sixty (60) days of the appointment. <br />(b) Upon the occurrence of any event or events of default by Licensee, <br />whether enumerated in this paragraph 15 or not, Railway shall have the option to pursue any <br />... remedies available to it at law or in equity without any additional notices to Licensee. Railway's • <br />remedies shall include, but not be limited to, the following: (i) termination of this Agreement, in <br />which event Licensee shall immediately surrender the Premises to Railway; (ii) entry into or <br />upon the Premises to do whatever Licensee is obligated to do under the terms of this License, in <br />which event Licensee shall reimburse Railway on demand for any expenses which Railway may <br />incur in effecting compliance with Licensee's obligations under this License, but ~ without <br />rendering Railway liable for any damages resulting to Licensee or the Facilities from such <br />action; and (iii) pursuit of all other remedies available to Railway- at law or in equity, including, <br />without limitation, injunctive relief of all varieties. <br />16. Railway Termination Right. Notwithstanding anything to the contrary in this <br />Agreement, Railway shall •have the right to terminate this Agreement and the right: granted <br />hereunder, after delivering to Licensee written notice of such termination no less than sixty (60) <br />days prior to the effective date thereof, upon the occurrence of any one or more of the following <br />events: <br />(a) If Licensee shall discontinue the use or operations of the Facilities; or <br />(b) If Railway shall be required by any governmental authority having <br />jurisdiction over the Premises to remove, relocate, reconstruct or discontinue operation of <br />its railroad on or about the Premises; or <br />6 • <br />'` <br />