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<br />(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, aIl 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 gay its debts as they <br />become due, or Licensee notifies Railway that it anticipates either condition; <br />(iv) Licensee takes any action to, ar 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 ar any State thereof; or a petition shall be filed against <br />Licensee under any such statute; or <br />(v) a receiver ar 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 ar trustee is not dismissed within sixty (60) days of the appoinrinent. <br />(b) Upon the occurrence of any event or events of default by Licensee, <br />whether enumerated in this paragraph 1 S or not, Railway shall have the option to pursue any <br />remedies available to it at Iaw or in equity without any additional notices to Licensee. Railway's <br />remedies shall include, but not be limited ta, the fallowing: (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 an 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 rights granted <br />hereunder, after delivering to Licensee written notice of such termination na 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 raikoad on or about the Premises; or <br />6 <br /> <br />