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terminate this Lease at any time, upon five (5) days written notice to Tenant, in the event <br />Tenant receives two (2) notices of failed health or sanitation inspections within any six (6) <br />month period, whether or not Tenant has cured the condition that gave rise to the failed <br />health or sanitation inspections. <br />7.4 In the event Tenant fails to cure the Event of Default within thirty (30) days, or within <br />three (3) calendar days from receipt of notice by Tenant. of a failed health or sanitation <br />inspection, as applicable, this Lease shall be deemed to be terminated with no further <br />action by the County. In no event, however, shall such termination relieve Tenant of its <br />obligation to pay any and all remaining rent due and owing to the County for the period up <br />to and including the date of termination or to provide any and all remaining reports to the <br />County for such period. <br />7.5. COUNTY RIGHTS. Nothing contained in this Lease shall restrict the rights of the <br />County to terminate this Lease upon written notice to Tenant as set forth in this Lease. The <br />County has the right to terminate this Lease at any time, upon sixty (60) days advance <br />written notice to Tenant if the food and beverage service is deemed by the County to be <br />unsatisfactory and Tenant has not cured the deficiencies. <br />7.6. TERMINATION BY TENANT. Tenant shall have the right, upon providing thirty (30). <br />days prior written notice to the County, to terminate this Lease at any time after the <br />occurrence of one or more of the following events: (a) Issuance by any court of competent <br />jurisdiction of any injunction substantially restricting the use of the Leased Premises for <br />commercial purposes, and such injunction remaining in force for a period of more than <br />sixty (60) calendar days; or (b) A breach by the County of any of the terms, covenants or <br />conditions contained in this Lease and the failure of the County to remedy such breach for <br />a period of thirty (30). calendar days after receipt of written notice thereof. Tenant has the <br />right, with prior written notice of sixty (60) days to County, to terminate this Lease if, in the <br />sole opinion of Tenant, profitable sales cannot be reached by Tenant under this Lease. <br />The notice to County shall specify the date by which Tenant intends to stop food and <br />beverage operation under this Lease. <br />7.7. EXCUSE. Tenant shall not be considered in default for a failure to perform if such <br />failure arises out of unavoidable delays as defined in this Lease through no fault or <br />negligence of the Tenant. <br />7.8, RIGHT OF POSSESSION ON DEFAULT. The County may retake possession of the <br />Leased Premises without judicial action upon surrender or abandonment of the Leased <br />Premises by the Tenant. Should Tenant fail to cure a default under the Lease Agreement <br />or in the alternative to surrender or abandon possession of the Leased Premises within the <br />time provided, the County shall have the right to recover possession of the Leased <br />Premises as provided by law. The County's retaking of possession of the Leased <br />Premises, whether by the Tenant's surrender or abandonment of the Leased Premises, or <br />by judicial action, shall not be deemed a waiver of any of the County's other claims, rights <br />or remedies and will not terminate the Lease, absent notice of termination by the County. <br />11 <br />