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2 <br /> (including reasonable attorneys' fees) arising out of or in connection with this Agreement where <br /> attributable to the acts or omissions performed by the Corporation. <br /> ARTICLE XIII <br /> PERFORMANCE OF GOVERNMENT FUNCTIONS <br /> Nothing contained in this Agreement shall be deemed or construed so as to in any way estop, <br /> limit, or impair the County from exercising or performing any regulatory, policing, legislative, <br /> governmental, or other powers or functions pursuant to applicable law. <br /> ARTICLE XIV <br /> DEFAULTS AND REMEDIES <br /> Section 14.01. Definition of Event of Default. <br /> A. The County shall be deemed to be in default hereunder upon the happening of any of the <br /> following events of default: <br /> (i) The County fails to make payment of the Fee required under Section 3.01 when due; <br /> (ii) The County fails to budget appropriate money sufficient to pay the Fee coming due in the <br /> next ensuing fiscal year in the County's annual budget or in an interim or amended County <br /> budget; <br /> (iii) Any bankruptcy, insolvency, or reorganization proceeding or similar litigation as instituted <br /> against the County, or a receiver, custodian, or similar officer is appointed for the County or any <br /> of its property, and such proceeding or appointment shall not be vacated or fully stayed within <br /> ninety (90) days after the institution or occurrence thereof; or <br /> (iv) Any warranty, representation, or statement made by the County herein or in any other <br /> document executed or delivered in connection herewith is found to be incorrect or misleading in <br /> any material respect on the date made. <br /> B. The Corporation shall be deemed to be in default hereunder upon the happening of any <br /> of the following events of default: <br /> (i) Any bankruptcy, insolvency, or reorganization proceeding or similar litigation is instituted <br /> against the Corporation, or a receiver, custodian, or similar officer is appointed for the <br /> Corporation or any of its property, and such proceeding or appointment shall not be vacated or <br /> fully stated within ninety (90) days after the institution or occurrence thereof; or <br /> (ii) the Corporation fails to operate the CAC for more than three (3) consecutive months. <br /> Section 14.02. Remedies. Each party hereto will have all remedies available at law or in equity <br /> to enforce any of the terms and provisions hereof, including, but not limited to, actions at law for <br /> damages and equitable actions seeking rescission of this Agreement and/or injunctive relief(mandatory <br /> 7 <br />