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the administration of the affairs of the Retailer, if
an order for relief shall be entered and continued
unstayed in effect for thirty (30) days or such peti-
tion or application shall continue undismissed for
sixty (60) days; (iv) following the breach of any
obligation of the Retailer hereunder, if such breach is
not cured within thirty (30) days following notice
thereof to the breaching party; (v) following the
default by Retailer in the performance of or compliance
with any material contract, instrument or agreement,
including, without limitation, any lease of real prop-
erty, any material lease of personal property or any
promissory note, instrument or agreement evidencing or
in respect of any indebtedness for borrowed money or
any security therefor, if such default is not cured
within any applicable period of grace, or (vi) immedi-
ately upon the occurrence of a material adverse change
in the condition (financial or otherwise), business or
prospects of the Retailer or any guarantor of the
Retailer’s liabilities and obligations hereunder. * * *
6. Cancellation by the Retailer. The Retailer
may cancel this Agreement: (i) immediately upon the
filing of a petition for relief by Super Rite in a
voluntary proceeding under applicable federal or state
bankruptcy law or like laws for the protection of
debtors or upon the application of Super Rite to any
court or administrative agency of competent jurisdic-
tion for the appointment of a receiver or trustee for
the administration of Super Rite’s affairs; (ii) upon
the filing of a petition for relief with respect to
Super Rite in an involuntary proceeding under applica-
ble federal or state bankruptcy law or like laws for
the protection of debtors or upon the application by a
third party or [sic] any court or administrative agency
of competent jurisdiction for the appointment of a
receiver or trustee for the administration of the
affairs of Super Rite, if an order for relief shall be
entered and continued unstayed in effect for thirty
(30) days or such petition or application shall con-
tinue undismissed for sixty (60) days; or (iii) follow-
ing the breach of any obligation of Super Rite hereun-
der, if such breach is not cured within thirty (30)
days following notice thereof to Super Rite. * * *
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Last modified: May 25, 2011