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� <br />� <br />ARTICLE V <br />Events of Default <br />Section 5.1. Events of Default Defined. The term "Event of Default" shall mean, <br />whenever it is used in this Agreement (unless the context otherwise provides), any failure by any <br />party to observe or perform any other covenant, condition, obligation or agreement on its part to <br />be observed or performed hereunder. <br />Section 5.2. Remedies on Default. Whenever any Event of Default refened to in Section <br />5.1 of this Agreement occurs, the non-defaulting party, after providing 30 days written notice to <br />the defaulting party o� the Event of Default, but only if the Event of Default has not been cured <br />within said 30 days or, if the Event of Default is by its nature incurable within thirty days, the <br />defaulting party does not provide assurances reasonably satisfactory to the non-defaulting party <br />that the Event of Default will be cured and will be cured as soon as reasonably possible, may <br />take whatever action, including legal, equitable or administrative action, which may appear <br />necessary or desirable to collect any payments due under this Agreement, or to enforce <br />performance and observance of any obligation, agreement, or covenant under this Agreement. .. <br />Section 5.3. No Remedv Exclusive. No remedy herein conferred upon or reserved to any <br />party in this Agreement is intended to be exclusive of any other available remedy or remedies, <br />but each and every such remedy shall be cumulative and shall be in addition to every other <br />remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. <br />No delay or omission to exercise any right or power accruing upon any default shall impair any <br />such right or power or shall be construed to be a waiver thereof, but any such right and power <br />may be exercised from time to time and as often as may be deemed expedient. In order to entitle <br />any party to exercise any remedy reserved to it, it shall not be necessary to give notice, other than <br />such notice as may be required in this Article V. <br />Section 5.4. No Additional Waiver Implied bv One Waiver. In the event any agreement <br />contained in this Agreement should be breached by any party and thereafter waived by the other <br />party, such waiver shall be limited to the particular breach so waived and shall not be deemed to <br />waive any other concurrent, �revious or subsequent breach hereunder. <br />EMT-238666v5 12 <br />CR195-4 <br />