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delivered by MiLB to the County, then the County shall be deemed to be in Default hereunder; provided, however, that the County shall not be in Default with respect to matters which cannot reasonably be cured within thirty (30) days so long as within such thirty (30) day period, the County commences such cure and diligently proceeds to complete the same thereafter. Section 10.03. Remedies. In the event of a Default by either party (other than a Cessation of Use by MiLB), the parry not in Default shall be entitled, as a non-exclusive remedy, and in addition to or in lieu of an action for damages, to seek an injunction or decree for specific performance or equitable relief from a court of competent jurisdiction to enjoin or remedy the Default. Section 10.04. Cessation of Use by MiLB. If, at any time during the Initial Term (and any Renewal Term), MiLB ceases to operate the Facility as described in Section 5.01 hereof, such event shall constitute a "Cessation of Use" of the Facility by MiLB. Notwithstanding anything to the contrary contained in this Agreement, a Cessation of Use of the Facility by MiLB shall entitle the County to terminate this Agreement by giving MiLB ten (10) days written notice of termination. MiLB shall have ten (10) days after receipt of the aforementioned notice of termination to renounce the Cessation of Use by confirming to the County its intention to continue to use the Facility during the Term in the manner described in Section 5.01 hereof and in fact demonstrating that it is reasonably complying with its operational covenant. A termination pursuant to the provisions of this Section 10.04 shall become effective upon the expiration of MiLB's ten (10) day cure period, or its repeated failure to demonstrate that it is reasonably complying with its operational covenant as provided by this Section after notice by the County. Section 10.05. Liquidated Damages. If this Agreement is terminated by the County during the Initial Term or any Renewal Term as the result of a Default by MiLB or a Cessation of Use by MiLB, then MiLB shall pay to the County, as "Liquidated Damages" and in lieu of all other remedies and/or damages of any type which may be available to the County; and, such Liquidated Damages shall be $300,000 during the Initial Term, $200,000 during the first Renewal Term, and $150,000 during the second Renewal Term. ARTICLE XI ENFORCEABILITY Section 11.01. Binding Effect; Enforceabilitv. The terms and provisions set forth in this Agreement shall be binding and enforceable by and against the parties in accordance with the terms hereof. Page 18 of 29