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6.2 Non -Waiver. Neither Party's failure or delay in exercising any of its rights hereunder shall be construed as a waiver of such requirement. 6.3 Bankruptcy. Either Party may terminate this Agreement if the other (i) makes a general assignment of all or substantially all of its assets for the benefit of creditors, (ii) applies for, consents to or acquiesces in the appointment of a receiver, trustee, custodian or liquidator for its operations or assets (or substantially all thereof), (iii) files, consents to, acquiesces in, fails to controvert promptly and in accordance with the rules of the applicable Court or fails to obtain dismissal within sixty (60) days of any petition under the bankruptcy laws of the United States or any state, or (iv) admits in writing its inability to pay its debts as they come due. 6.4 Not an Election of Remedies. Either Party's decision to pursue any remedy, at law, inequity or under this Agreement, shall not be construed an election of remedies or to the exclusion of any other remedy available to such Party. 6.5 Sovereign Immunity; Consequential Damages. No provision herein shall be construed as a waiver of the sovereign immunity of the City or the Authority. The Parties also agree to waive all claims against one another for any consequential damages that may arise out of or relate to this Agreement. The Parties, each for themselves, agree to waive consequential damages including, but not limited to, loss of use, loss of income, profit, or financing, business, costs of overhead and expenses, whether relating to the Site or to other business, or loss of reputation. The provisions of this paragraph also apply to the termination of this Agreement, and will survive such termination. Article VII — Confidential Information 7.1 Purpose. The Parties recognize that they are each subject to the provisions of the Virginia Freedom of Information Act, Title 2.2, Chapter 37, Code of Virginia, 1950, as amended ("FOIA"). However, they also mutually recognize that they may have or create information or documents that constitute or contain trade secrets, critical infrastructure information, and other information that may be exempt from disclosure under FOIA. Therefore, the Parties wish to set forth in this Article the general terms of their cooperation to protect such information to the extent provided by law. 7.2 Obligations. Upon receiving a request for information, whether under FOIA, through a subpoena duces tecum, or through discovery in litigation, related to the activities contemplated by this Agreement, the Parties each agree to notify the other promptly, but in any event within two (2) business days following receipt of such request. The Freedom of Information Officers for each of the Parties shall endeavor to confer on any information or documents that may be produced in response to such a request by the Party who receives it. The non -receiving party shall have the right, but not the responsibility, to comment on whether information should be produced not later than the business day before production is intended to be made. Regardless, the receiving party shall be mindful, in particular, of the exclusion in subsection 14 of Section 2.2-3705.2 of FOIA, relating to exclusion of certain information relating to critical infrastructure and public safety. 5