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provision, it fails to remedy the breach to the satisfaction of <br />the notifying party by the end of the thirtieth calendar day <br />after the date the notice is sent. Failure to make timely <br />payments of Rent does not constitute an event of default under <br />this Agreement unless Lessee is.given notice and an opportunity <br />to cure in accordance with the provisions herein. <br />Should Lessor or Lessee be in default with respect to a <br />provision of this Agreement, the notifying party shall have only <br />those remedies specified herein. The notifying party may, to the <br />extent that such remedies are not mutually exclusive, pursue them <br />simultaneously or sequentially. <br />If default occurs, the notifying party may: <br />(a) Proceed by appropriate court action to enforce <br />performance of the provision of the Agreement with respect to <br />which there has been a default. <br />(b) Proceed by appropriate court action to secure monetary <br />damages if there has been a default with respect to any provision <br />of the Agreement for which the award of monetary damages in the <br />case of default is permitted and appropriate, including without <br />limitation warranties of title, use of the Equipment, payment of <br />liens, taxes and maintenance of insurance. <br />(c) If the notifying party is Lessor, (i) repossess and <br />sell, in accordance with the provisions of Article 9 of Chapter <br />25 (the Uniform Commercial Code) of the North Carolina General <br />Statutes, the Equipment and any additions, repairs, replacements, <br />substitutions and modifications to the Equipment in which it is <br />granted a security interest by this Agreement; (ii) repossess any <br />10 <br />