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<br />dire under the Pierce Deed of Trust, leases or subleases and such failure shall continue <br />for mcre than thirty (30) days after written notice thereof is delivered to Durango by <br />Arness. Arness paying or perfoeming any obligation after such thirty (30) day notice <br />shall not cure the default of Durango. <br />e. Durango shall fail to comply or commence reasonable efforts to comply <br />with any other obligation, term or condition of this agreement within thirty (30) days <br />after notice of such noncompliance is delivered by Arness to Durango. <br />ARTICLE IX <br />REMEDIES <br />9.1 Remedies of Dura;,~o. Upon the occurence of any Event of Default described <br />in Section 8.1 hereof, Durango shall have in addition to any other remedy granted <br />. herein or otherwise provided by law, the right to set off and credit against any payment <br /> otherwise due hereunder any sums expended or lost by :t by reas on of such Event of <br />Default. <br />5.2 Remedies of Arness. Upon the occurrence of any Event of Default described <br />in Section 8.2 hereof, Arness may terminate this agreement, whereupon Durango shall <br />forfeit and Arness shall recover all rights, privileges, and interests granted to Durango <br />by Arness hereunder, and Arness shall retain any and all payments previously made to <br />Arness by Durango hereunder, and shall recover damages, or have recourse to any other <br />r emedy in law or equity, appropriate under the circumstances. <br />5.3 Attorneys' Fees and Expenses. The prevailing party in any dispute under <br />Section 9.1 or 9.2 hereof shall be entitled to all reasonable attorneys' fees and expenses <br />incurred in connection with such dispute. <br /> <br />11 <br />