Common use of Additional Rights of Landlord Clause in Contracts

Additional Rights of Landlord. In the event of default, all of Tenant’s fixtures, fixture equipment, improvements, additions, alterations, and other personal property shall remain on the Premises and in the event, and continuing during the length of said default, Landlord shall have the right to take the exclusive possession of same and to use same, rent or charge free, until all defaults are cured or, at its option, at any time during the term of this Lease to require Tenant to forthwith remove the same. Tenant hereby acknowledges that late payments by Tenant to Landlord of Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to processing and accounting charges and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Premises. ACCORDINGLY IF ANY INSTALLMENT OF RENT OR ANY OTHER SUM DUE FROM TENANT SHALL NOT BE RECEIVED BY LANDLORD OR LANDLORD’S DESIGNEE WITHIN TEN (10) DAYS AFTER SUCH AMOUNT SHALL BE DUE, TENANT SHALL PAY TO LANDLORD A LATE CHARGE EQUAL TO EIGHT PERCENT (8%) OF SUCH OVERDUE AMOUNT. The parties hereby agree that such late charge represents a fair and reasonable estimate of costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. Tenant hereunder waives any right of redemption or relief from forfeiture under the laws of the State of California or under any other present or future law, in the event Tenant is evicted or Landlord takes possession of the Premises by reason of any default by Tenant hereunder. Landlord shall be under no obligation to observe or perform any covenant of this Lease on its part to be observed or performed which accrues after the date of any default by Tenant hereunder.

Additional Rights of Landlord. (a) No right or remedy herein conferred upon or reserved to Landlord is intended to be exclusive of any other right or remedy given hereunder or now or hereafter existing at Law or in equity. The failure of either party to insist at any time upon the strict performance of any covenant or agreement or to exercise any option, right, power or remedy contained in this Lease shall not be construed as a waiver or a relinquishment thereof for the future. A receipt by Landlord of any Basic Rent, Additional Rent or any other sum payable hereunder with knowledge of the breach of any covenant or agreement contained in this Lease shall not be deemed a waiver of such breach, and no waiver of any provision of this Lease shall be deemed to have been made unless expressed in writing and signed by the waiving party. In addition to other remedies provided in this Lease, Landlord shall be entitled, to the extent permitted by applicable law, to injunctive relief in case of the violation, or attempted or threatened violation, of any of the covenants, agreements, conditions or provisions of this Lease, or to a decree compelling performance of any of the covenants, agreements, conditions or provisions of this Lease, or to any other remedy allowed to Landlord at Law or in equity. (b) Tenant hereby waives and surrenders, to the extent not prohibited by Law, for itself and all those claiming under it, including creditors of all kinds, (i) any right and privilege which it or any of them may have under any present or future Law to redeem the Leased Premises or to have a continuance of this Lease for the Term after termination of Tenant's right of occupancy by order or judgment of any court or by any legal process or writ, or under the terms of this Lease, or after the termination of the Term as herein provided, and (ii) the benefits of any present or future law which exempts property from liability for debt or for distress for rent. (c) In the event Tenant shall be in default in the performance of any of its obligations under this Lease, and an action shall be brought for the enforcement thereof in which it shall be determined that Tenant was in default, Tenant shall pay to Landlord all of the expenses incurred in connection therewith including reasonable attorney's fees. In the event Landlord shall, without fault on its part, be made a party to any litigation commenced against Tenant’s fixtures, fixture equipment, improvements, additions, alterations, and other personal property shall remain on the Premises and in the event, and continuing during the length of said default, Landlord shall have the right to take the exclusive possession of same and to use same, rent or charge free, until all defaults are cured orif Tenant, at its optionexpense, at any time during the term shall fail to provide Landlord with counsel reasonably approved by Landlord, Tenant shall pay all costs and reasonable attorney's fees incurred or paid by Landlord in connection with such litigation. (d) If an Event of this Lease to require Tenant to forthwith remove the same. Tenant hereby acknowledges that late payments by Tenant to Default has happened and is continuing, Landlord of Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs includemay, but are shall not limited to processing and accounting charges and late charges which may be imposed on Landlord by the terms of obligated to, make any mortgage or trust deed covering the Premises. ACCORDINGLY IF ANY INSTALLMENT OF RENT OR ANY OTHER SUM DUE FROM TENANT SHALL NOT BE RECEIVED BY LANDLORD OR LANDLORD’S DESIGNEE WITHIN TEN (10) DAYS AFTER SUCH AMOUNT SHALL BE DUE, TENANT SHALL PAY TO LANDLORD A LATE CHARGE EQUAL TO EIGHT PERCENT (8%) OF SUCH OVERDUE AMOUNT. The parties hereby agree that such late charge represents a fair and reasonable estimate of costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. Tenant hereunder waives any right of redemption or relief from forfeiture under the laws of the State of California or under any other present or future law, in the event Tenant is evicted or Landlord takes possession of the Premises by reason of any default by Tenant hereunder. Landlord shall be under no obligation to observe or perform any covenant of this Lease on its part act required hereunder to be observed made or performed by Tenant which accrues after has not been performed within the date time period specified herein for such performance, with the same effect as if made or performed by Tenant, provided that no entry by Landlord upon the Leased Premises for such purpose shall create any liability to Tenant on the part of Landlord or shall constitute or shall be deemed to be an eviction of Tenant, and no such entry shall waive or release Tenant from any obligation or default hereunder. All sums so paid by Landlord and all costs and expenses (including reasonable attorney's fees and expenses) incurred by Landlord in connection with the performance of any default such act, together with interest at the Default Rate, shall constitute Additional Rent payable by Tenant hereunder.

Additional Rights of Landlord. In the event (a) The rights and remedies set forth in Subparagraph 19(b) may be exercised in any order and in any combination whatsoever. No right or remedy herein conferred upon or reserved to Landlord is intended to be exclusive of default, all of Tenant’s fixtures, fixture equipment, improvements, additions, alterationsany other right or remedy, and other personal property each and every right and remedy shall remain on the Premises be cumulative and in addition to any other right or remedy given hereunder or now or hereafter existing at law or in equity. The failure of Landlord to insist at any time upon the eventstrict performance of any covenant or agreement or to exercise any option, right, power or remedy contained in this Lease shall not be construed as a waiver or a relinquishment thereof for the future. A receipt by Landlord of any Basic Rent, any Additional Rent or any other sum payable hereunder with knowledge of the breach of any covenant or agreement contained in this Lease shall not be deemed a waiver of such breach, and continuing during the length no waiver by Landlord of said defaultany provision of this Lease shall be deemed to have been made unless expressed in writing and signed by Landlord. In addition to other remedies provided in this Lease, Landlord shall be entitled, to the extent permitted by applicable law, to injunctive relief in case of the violation, or attempted or threatened violation, of any of the covenants, agreements, conditions or provision of this Lease, or to a decree or judgment compelling performance of any of the covenants, agreements, conditions or provisions of this Lease, or to any other remedy allowed to Landlord at law or in equity. (b) Tenant hereby waives and surrenders (i) any right or privilege which it or any of them may have under any present or future constitution, statute or rule of law to redeem the right Premises or to take the exclusive possession of same and to use same, rent or charge free, until all defaults are cured or, at its option, at any time during the term have a continuance of this Lease to require Tenant to forthwith remove for the same. Tenant Term hereby acknowledges that late payments demised or for a lesser period after termination of Tenant's right of occupancy: (1) by Tenant to Landlord order or judgment of Rent and other sums due hereunder will cause Landlord to incur costs not contemplated any court, (2) by this Leaseany legal process or writ, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to processing and accounting charges and late charges which may be imposed on Landlord by or (3) under the terms of any mortgage this Lease or trust deed covering after the Premises. ACCORDINGLY IF ANY INSTALLMENT OF RENT OR ANY OTHER SUM DUE FROM TENANT SHALL NOT BE RECEIVED BY LANDLORD OR LANDLORD’S DESIGNEE WITHIN TEN (10) DAYS AFTER SUCH AMOUNT SHALL BE DUE, TENANT SHALL PAY TO LANDLORD A LATE CHARGE EQUAL TO EIGHT PERCENT (8%) OF SUCH OVERDUE AMOUNT. The parties hereby agree that such late charge represents a fair and reasonable estimate of costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s default with respect to such overdue amount, nor prevent Landlord from exercising any termination of the other rights Term of this Lease as herein provided and remedies granted hereunder. Tenant hereunder waives (ii) the benefits of any right of redemption or relief from forfeiture under the laws of the State of California or under any other present or future lawconstitution, in the event statute or rule of law which exempts property from liability for debt or for distress for rent. (c) Tenant is evicted or Landlord takes possession of the Premises by reason shall promptly (upon receipt of any default invoices therefor) reimburse Landlord and each Mortgagee for any reasonable costs and expenses incurred by Landlord and each such Mortgagee in connection with any consents, approvals, waivers or amendments requested by Tenant hereunder. of Landlord shall be and/or any Mortgagee or otherwise required under no obligation to observe or perform any covenant of in connection with this Lease on its part to be observed or performed which accrues after the date of any default by Tenant hereunderLease.

Additional Rights of Landlord. Any and all costs, expenses and disbursements, of any kind or nature, incurred by Landlord or Agent in connection with the enforcement of any and all of the terms and provisions of this Lease, including attorneys' reasonable fees (through all appellate proceedings), shall be due and payable (as Additional Rent) upon Landlord's submission of an invoice therefor. All sums advanced by Landlord or Agent on account of Tenant under this Section, or pursuant to any other provision of this Lease, and all Base Rent and Additional Rent, if delinquent or not paid by Tenant and received by Landlord when due hereunder, shall bear interest at the rate of 5% per annum above the "prime" or "reference" or "base" rate (on a per annum basis) of interest publicly announced as such, from time to time, by the Bank One, or its successor ("DEFAULT RATE"), from the due date thereof until paid, and such interest shall be and constitute Additional Rent and be due and payable upon Landlord's or Agent's submission of an invoice therefor. The various rights, remedies and elections of Landlord reserved, expressed or contained herein are cumulative and no one of them shall be deemed to be exclusive of the others or of such other rights, remedies, options or elections as are now or may hereafter be conferred upon Landlord by law. In addition to any provisions which may be additionally provided for by law, Tenant hereby grants to Landlord a security interest, pledged for the payment of any and all sums due under this Lease, into any and all personal property, goods, furnishings or equipment which may be owned by Tenant and housed within the Premises subject to this Lease and shall provide such UCC statements as Landlord may require. In the event of default, all of Tenant’s fixtures, fixture equipment, improvements, additions, alterations, and other personal property shall remain on the Premises and in the event, and continuing during the length of said default, Landlord shall have the right to take the exclusive possession of same and to use same, rent or charge free, until all defaults are cured or, at its option, at any time during the term of this Lease to require Tenant to forthwith remove the same. Tenant hereby acknowledges consents that late payments by Tenant to Landlord of Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to processing and accounting charges and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Premises. ACCORDINGLY IF ANY INSTALLMENT OF RENT OR ANY OTHER SUM DUE FROM TENANT SHALL NOT BE RECEIVED BY LANDLORD OR LANDLORD’S DESIGNEE WITHIN TEN (10) DAYS AFTER SUCH AMOUNT SHALL BE DUE, TENANT SHALL PAY TO LANDLORD A LATE CHARGE EQUAL TO EIGHT PERCENT (8%) OF SUCH OVERDUE AMOUNT. The parties hereby agree that such late charge represents a fair and reasonable estimate of costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. Tenant hereunder waives any right of redemption or relief from forfeiture under the laws of the State of California or under any other present or future law, in the event Tenant is evicted or Landlord takes immediately take possession of the Premises by reason including personal property therein contained and may dispose or otherwise liquidate the same for the payment of Base Rent or Additional Rent with any surplus to inure to the benefit of the Tenant. Tenant further consents to the entry of ex parte injunctive relief to prohibit the removal of any default personalty from the leased Premises at any time wherein Tenant may be in default. Tenant further waives the provisions of the posting of any bond by Tenant hereunderLandlord as provided for by Chapter 83 of the Florida Statutes or otherwise by law. Landlord The effective date of both the statutory Landlord's Lien and this aforementioned security interest shall be under no obligation to observe the inception of Tenant's tenancy of the Premises, it being expressly agreed that any renewal, extension or perform any covenant modification of this Lease on its part to be observed or performed which accrues after the shall not result in a novation nor in a new lease, such that this effective date of any default by Tenant hereundershall remain unchanged throughout Tenant's tenancy. "NOTWITHSTANDING THE FOREGOING, LANDLORD AGREES THAT LANDLORD'S LIEN IS AND SHALL BE SUBORDINATE TO THE SECURITY INTEREST OR LIEN OF ANY CURRENT AND FUTURE LENDER WITH RESPECT TO TENANT'S EQUIPMENT, PERSONAL PROPERTY AND RECEIVABLES". SUCH SUBORDINATION SHALL BE AUTOMATIC WITHOUT THE NECESSITY OF AN ADDITIONAL WRITING, BUT LANDLORD WILL EXECUTE WITHIN SEVEN (7) BUSINESS DAYS ANY DOCUMENT REASONABLY REQUIRED BY TENANT'S LENDER OR LESSOR WITH RESPECT TO SUCH SUBORDINATION WITHOUT DELAY.

Additional Rights of Landlord. In (a) No right or remedy hereunder shall be exclusive of any other right or remedy, but shall be cumulative and in addition to any other right or remedy hereunder or now or hereafter existing. Failure to insist upon the event strict performance of defaultany provision hereof or to exercise any option, right, power or remedy contained herein shall not constitute a waiver or relinquishment thereof for the future. Receipt by Landlord of any Basic Rent, Additional Rent or other sums payable hereunder with knowledge of the breach of any provision hereof shall not constitute waiver of such breach, and no waiver by Landlord of any provision hereof shall be deemed to have been made unless made in writing duly executed by Landlord. Landlord shall be entitled to injunctive relief in case of the violation, or attempted or threatened violation, of any of the provisions hereof, or to a decree compelling performance of any of the provisions hereof, or to any other remedy allowed to Landlord by law or equity. (b) Tenant hereby waives and surrenders for itself and all those claiming under it, including creditors of all kinds, (i) any right and privilege which it or any of them may have to redeem any portion of the Premises or to have a continuance of this Lease after termination of Tenant’s fixtures's right of occupancy by order or judgment of any court or by any legal process or writ, fixture equipmentor under the terms of this Lease, improvements, additions, alterations, and other personal property shall remain on or after the Premises and in the event, and continuing during the length termination of said default, Landlord shall have the right to take the exclusive possession of same and to use same, rent or charge free, until all defaults are cured or, at its option, at any time during the term of this Lease to require Tenant to forthwith remove as herein provided, and (ii) the same. Tenant hereby acknowledges that late payments by Tenant to Landlord of Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to processing and accounting charges and late charges which may be imposed on Landlord by the terms benefits of any mortgage law which exempts property from liability for debt or trust deed covering the Premises. ACCORDINGLY IF ANY INSTALLMENT OF RENT OR ANY OTHER SUM DUE FROM TENANT SHALL NOT BE RECEIVED BY LANDLORD OR LANDLORD’S DESIGNEE WITHIN TEN for distress for rent. (10c) DAYS AFTER SUCH AMOUNT SHALL BE DUE, TENANT SHALL PAY TO LANDLORD A LATE CHARGE EQUAL TO EIGHT PERCENT (8%) OF SUCH OVERDUE AMOUNT. The parties hereby agree that such late charge represents a fair and reasonable estimate of costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord If Tenant shall be in no event constitute a waiver of Tenant’s default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. Tenant hereunder waives any right of redemption or relief from forfeiture under the laws of the State of California or under any other present or future law, in the event Tenant is evicted observance or Landlord takes possession of the Premises by reason performance of any default by Tenant hereunder. Landlord shall be under no obligation to observe term or perform any covenant of this Lease on its Tenant's part to be observed or performed which accrues after under any of the provisions of this Lease, then, without thereby waiving such default, Landlord may, but shall be under no obligation to, take all action, including, without limitation, entry upon the Premises to perform the obligation of Tenant hereunder immediately and without notice in the case of an emergency and upon 5 days' written notice to Tenant in other cases. All expenses incurred by Landlord in connection therewith, including attorneys' fees and expenses (including those incurred in connection with any appellate proceedings), together with interest thereon at the Default Rate from the date any such expenses were incurred by Landlord until the date of any default payment by Tenant, shall constitute Additional Rent and shall be paid by Tenant to Landlord upon demand. (d) If Tenant shall be in default in the performance of any of its obligations hereunder, Tenant shall pay to Landlord or Lender, as appropriate, on demand, all expenses incurred by Landlord or Lender as a result thereof, including reasonable attorneys' fees and expenses (including those incurred in connection with any appellate proceedings) and any Makewhole Premium incurred by Landlord. If Landlord or Lender shall be made a party to any litigation commenced against Tenant and Tenant shall fail to provide Landlord or Lender with counsel reasonably approved by Landlord or Lender, as applicable, and pay the expenses thereof, Tenant shall pay all costs and reasonable attorneys' fees and expenses in connection with such litigation (including fees and expenses incurred in connection with any appellate proceedings) together with interest at the Default Rate, from the date paid by Landlord or Lender until reimbursed by Tenant. (e) So long as a Loan is outstanding, if an Event of Default shall exist, within five days after written demand from Landlord or Lender, Tenant shall make monthly tax and insurance payments into an escrow account in accordance with the applicable provisions of an Indenture for so long as such Event of Default shall continue to exist.

Additional Rights of Landlord. In the event (a) The rights and remedies set forth in Subparagraph 20(b) may be exercised in any order and in any combination whatsoever. No right or remedy herein conferred upon or reserved to Landlord is intended to be exclusive of default, all of Tenant’s fixtures, fixture equipment, improvements, additions, alterationsany other right or remedy, and other personal property each and every right and remedy shall remain on the Premises be cumulative and in addition to any other right or remedy given hereunder or now or hereafter existing at law or in equity. The failure of Landlord to insist at any time upon the eventstrict performance of any covenant or agreement or to exercise any option, right, power or remedy contained in this Lease shall not be construed as a waiver or a relinquishment thereof for the future. A receipt by Landlord of any Basic Rent, any Additional Rent or any other sum payable hereunder with knowledge of the breach of any covenant or agreement contained in this Lease shall not be deemed a waiver of such breach, and continuing during the length no waiver by Landlord of said defaultany provision of this Lease shall be deemed to have been made unless expressed in writing and signed by Landlord. In addition to other remedies provided in this Lease, Landlord shall be entitled, to the extent permitted by applicable law, to injunctive relief in case of the violation, or attempted or threatened violation, of any of the covenants, agreements, conditions or provision of this Lease, or to a decree or judgment compelling performance of any of the covenants, agreements, conditions or provisions of this Lease, or to any other remedy allowed to Landlord at law or in equity. (b) Tenant hereby waives and surrenders for itself and all those claiming under it, including creditors of all kinds, (i) any right or privilege which it or any of them may have under any present or future constitution, statute or rule of law to redeem the right Premises or to take the exclusive possession of same and to use same, rent or charge free, until all defaults are cured or, at its option, at any time during the term have a continuance of this Lease to require Tenant to forthwith remove for the same. Tenant Term hereby acknowledges that late payments demised or for a lesser period after termination of Tenant's right of occupancy by Tenant to Landlord order or judgment of Rent and other sums due hereunder will cause Landlord to incur costs not contemplated any court or by this Leaseany legal process or writ, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to processing and accounting charges and late charges which may be imposed on Landlord by or under the terms of any mortgage this Lease or trust deed covering after the Premises. ACCORDINGLY IF ANY INSTALLMENT OF RENT OR ANY OTHER SUM DUE FROM TENANT SHALL NOT BE RECEIVED BY LANDLORD OR LANDLORD’S DESIGNEE WITHIN TEN (10) DAYS AFTER SUCH AMOUNT SHALL BE DUE, TENANT SHALL PAY TO LANDLORD A LATE CHARGE EQUAL TO EIGHT PERCENT (8%) OF SUCH OVERDUE AMOUNT. The parties hereby agree that such late charge represents a fair and reasonable estimate of costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s default with respect to such overdue amount, nor prevent Landlord from exercising any termination of the other rights Term of this Lease as herein provided, and remedies granted hereunder. Tenant hereunder waives (ii) the benefits of any right of redemption or relief from forfeiture under the laws of the State of California or under any other present or future lawconstitution, in the event statute or rule of law which exempts property from liability for debt or for distress for rent. (c) Tenant is evicted or Landlord takes possession of the Premises by reason shall promptly (upon receipt of any default invoices therefor) reimburse Landlord and each Mortgagee for any reasonable costs and expenses incurred by Landlord and each such Mortgagee in connection with any consents, approvals, waivers or amendments requested by Tenant hereunder. of Landlord shall be and/or any Mortgagee or otherwise required under no obligation to observe or perform any covenant of in connection with this Lease on its part to be observed or performed which accrues after the date of any default by Tenant hereunderLease.

Additional Rights of Landlord. In (a) No right or remedy hereunder shall be exclusive of any other right or remedy, but shall be cumulative and in addition to any other right or remedy hereunder or now or hereafter existing. Failure to insist upon the event strict performance of defaultany provision hereof or to exercise any option, right, power or remedy contained herein shall not constitute a waiver or relinquishment thereof for the future. Receipt by Landlord of any Basic Rent, Additional Rent or other sums payable hereunder with knowledge of the breach of any provision hereof shall not constitute waiver of such breach, and no waiver by Landlord of any provision hereof shall be deemed to have been made unless made in writing duly executed by Landlord. Landlord shall be entitled to injunctive relief in case of the violation, or attempted or threatened violation, of any of the provisions hereof, or to a decree compelling performance of any of the provisions hereof, or to any other remedy allowed to Landlord by law or equity. (b) Tenant hereby waives and surrenders for itself and all those claiming under it, including creditors of all kinds, (i) any right and privilege which it or any of them may have to redeem any portion of the Premises or to have a continuance of this Lease after termination of Tenant’s fixtures's right of occupancy by order or judgment of any court or by any legal process or writ, fixture equipmentor under the terms of this Lease, improvements, additions, alterations, and other personal property shall remain on or after the Premises and in the event, and continuing during the length termination of said default, Landlord shall have the right to take the exclusive possession of same and to use same, rent or charge free, until all defaults are cured or, at its option, at any time during the term of this Lease to require Tenant to forthwith remove as herein provided, and (ii) the same. Tenant hereby acknowledges that late payments by Tenant to Landlord of Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to processing and accounting charges and late charges which may be imposed on Landlord by the terms benefits of any mortgage law which exempts property from liability for debt or trust deed covering the Premises. ACCORDINGLY IF ANY INSTALLMENT OF RENT OR ANY OTHER SUM DUE FROM TENANT SHALL NOT BE RECEIVED BY LANDLORD OR LANDLORD’S DESIGNEE WITHIN TEN for distress for rent. (10c) DAYS AFTER SUCH AMOUNT SHALL BE DUE, TENANT SHALL PAY TO LANDLORD A LATE CHARGE EQUAL TO EIGHT PERCENT (8%) OF SUCH OVERDUE AMOUNT. The parties hereby agree that such late charge represents a fair and reasonable estimate of costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord If Tenant shall be in no event constitute a waiver of Tenant’s default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. Tenant hereunder waives any right of redemption or relief from forfeiture under the laws of the State of California or under any other present or future law, in the event Tenant is evicted observance or Landlord takes possession of the Premises by reason performance of any default by Tenant hereunder. Landlord shall be under no obligation to observe term or perform any covenant of this Lease on its Tenant's part to be observed or performed which accrues after under any of the provisions of this Lease, then, without thereby waiving such default, Landlord may, but shall be under no obligation to, take all action, including, without limitation, entry upon any or all of the Projects to perform the obligation of Tenant hereunder immediately and without notice in the case of an emergency and upon 5 days' written notice to Tenant in other cases. All expenses incurred by Landlord in connection therewith, including attorneys' fees and expenses (including those incurred in connection with any appellate proceedings), together with interest thereon at the Rate from the date any such expenses were incurred by Landlord until the date of any default payment by Tenant, shall constitute Additional Rent and shall be paid by Tenant to Landlord upon demand. (d) If Tenant shall be in default in the performance of any of its obligations hereunder, Tenant shall pay to Landlord or Lender, as appropriate, on demand, all expenses incurred by Landlord or Lender as a result thereof, including reasonable attorneys' fees and expenses (including those incurred in connection with any appellate proceedings). If Landlord or Lender shall be made a party to any litigation commenced against Tenant and Tenant shall fail to provide Landlord or Lender with counsel reasonably approved by Landlord or Lender, as appropriate, and pay the expenses thereof, Tenant shall pay all costs and reasonable attorneys' fees and expenses in connection with such litigation (including fees and expenses incurred in connection with any appellate proceedings).

Additional Rights of Landlord. In the event of default, all of Tenant’s fixtures, fixture equipment, improvements, additions, alterations, and other personal property alterations shall remain on the Leased Premises and in the that event, and continuing during the length of said default, Landlord shall have the right to take the exclusive possession of same and to use same, rent or charge free, until all defaults are cured cured, or, at its option, at any time during the term of this Lease Lease, to require Tenant to forthwith remove the same. Tenant hereby acknowledges that late payments by Tenant to Landlord of Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to processing and accounting charges and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Premises. ACCORDINGLY IF ANY INSTALLMENT OF RENT OR ANY OTHER SUM DUE FROM TENANT SHALL NOT BE RECEIVED BY LANDLORD OR LANDLORD’S DESIGNEE WITHIN TEN (10) DAYS AFTER SUCH AMOUNT SHALL BE DUE, TENANT SHALL PAY TO LANDLORD A LATE CHARGE EQUAL TO EIGHT PERCENT (8%) OF SUCH OVERDUE AMOUNT. The parties hereby agree that such late charge represents a fair and reasonable estimate of costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. Tenant hereunder waives any right of redemption or relief from forfeiture under the laws of the State of California or under any other present or future law, in the event Tenant is evicted or Landlord takes possession of the Premises by reason of any default by Tenant hereunder. Landlord shall be under no obligation to observe or perform any covenant of this Lease on its part to be observed or performed which accrues after the date of any default by Tenant hereunder. Except as expressly provided elsewhere in this Lease, any legal action by Landlord or Tenant to enforce any obligation of the other party or in pursuance of any remedy hereunder shall be deemed timely filed if commenced at any time prior to one (1) year after the expiration of the term hereof. The waiver by Landlord of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of such term, covenant, or condition or any subsequent breach of the same. The subsequent acceptance of Rent hereunder by Landlord shall not be deemed to be a waiver of any preceding breach by Tenant of any term, covenant or condition of this Lease, other than the failure of Tenant to pay the particular Rent accepted, regardless of Landlord’s knowledge of such preceding breach at the time of acceptance of such Rent. No covenant, term, or condition of this Lease shall be deemed to have been waived by Landlord unless such waiver be in writing by Landlord. If Tenant shall fail to pay any sum of money, other than Rent, required to be paid by Tenant pursuant to this Lease or shall fail to perform any other act on Tenant’s part to be performed under this Lease and such shall have become an Event of Default under this Lease, Landlord may, but shall not be obligated so to do and without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant’s part to be made or performed as provided in this Lease. All sums paid by Landlord, whether to fulfill Tenant’s unfulfilled payment obligations or to perform Tenant’s unfulfilled performance obligations, and all incidental costs hall be deemed Additional Rent hereunder and shall be payable to Landlord on demand.

Additional Rights of Landlord. In the event of defaultaddition to any late payment or interest charges payable to Landlord hereunder and any other rights or remedies that Landlord may have under this Lease or applicable law, all of which rights and remedies shall be cumulative, Tenant’s fixtures, fixture equipmentas a material part of the consideration for this Lease, improvementshereby agrees as follows: (1) If Tenant makes any payment under this Lease by check and such check is dishonored or otherwise returned unpaid to Landlord due to insufficient funds, additions, alterations, and other personal property shall remain on the Premises and in the event, and continuing during the length of said default, Landlord shall have the right to take the exclusive possession of same and to use same, rent or charge free, until all defaults are cured orthen Landlord, at its option, may require Tenant to make all future payments under this Lease by cashier's check or wire transfer in accordance with wiring instructions given to Tenant by Landlord. (2) If Landlord fails to receive any payment that Tenant is required to make under this Lease when due and Landlord thereafter, and prior to receiving such payment, proceeds to serve a "3-Day Notice" or similar notice to Tenant as permitted under Section 1162 of the California Code of Civil Procedure, then in each such instance, and regardless of whether Tenant thereafter makes such payment, Tenant shall pay to Landlord, upon demand, as Additional Rent, an administrative charge in the amount of $200. Tenant acknowledges that such charge constitutes liquidated damages and not a penalty and represents a reasonable estimate of the additional administrative costs that Landlord will incur in serving such notice. (3) If Landlord fails to receive any payment that Tenant is required to make under this Lease within ten (10) days after the due date for such payment, and such delinquency occurs on two (2) separate occasions, then, at Landlord's election, exercisable by written notice to Tenant at any time during after the second such delinquency, any and all rights of first offer with respect to any premises in the Building or Complex, rights of first refusal with respect to any such premises, and options to renew or extend the term of this Lease, which in any case may be granted to Tenant under this Lease or any exhibit, rider or amendment hereto (each referred to require in this Lease as an "Option") shall terminate. In such event, Tenant to forthwith remove the same. Tenant hereby acknowledges that late payments shall execute a quitclaim deed or other similar document as may be requested by Tenant to Landlord of Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by evidence the termination of such Option. (4) If Landlord fails to receive any payment that Tenant is required to make under this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to processing and accounting charges and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Premises. ACCORDINGLY IF ANY INSTALLMENT OF RENT OR ANY OTHER SUM DUE FROM TENANT SHALL NOT BE RECEIVED BY LANDLORD OR LANDLORD’S DESIGNEE WITHIN TEN Lease within ten (10) DAYS AFTER SUCH AMOUNT SHALL BE DUEdays after the due date for such payment, TENANT SHALL PAY TO LANDLORD A LATE CHARGE EQUAL TO EIGHT PERCENT and such delinquency occurs on three (8%3) OF SUCH OVERDUE AMOUNT. The parties hereby agree separate occasions, then Landlord, at its election, exercisable by one or more written notices to Tenant at any time after the third such delinquency, may require any or all of the following: (i) that such late charge represents a fair and reasonable estimate all future payments of costs Landlord will incur by reason Basic Rent be paid three (3) months in advance; (ii) that, subject to annual reconciliation as provided in Paragraph 4.E above, all future payments of late payment by Tenant. Acceptance of such late charge Additional Rent shall be payable three (3) months in advance based upon an amount estimated by Landlord shall to be Landlord's average quarterly expenditure for such items of Additional Rent; and (iii) that the Security Deposit specified in no event constitute a waiver of Tenant’s default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. Tenant hereunder waives any right of redemption or relief from forfeiture under the laws of the State of California or under any other present or future lawParagraph 1.H be immediately increased by one hundred percent (100%), in the which event Tenant is evicted or Landlord takes possession of the Premises by reason of any default by Tenant hereunder. Landlord shall be under no obligation to observe or perform any covenant of this Lease on its part to be observed or performed which accrues shall, within ten (10) days after the date of any default by Tenant hereunderwritten demand therefor, deposit such additional amount in cash with Landlord.

Additional Rights of Landlord. (a) No right or remedy herein conferred upon or reserved to Landlord is intended to be exclusive of any other right or remedy given hereunder or now or hereafter existing at Law or in equity. The failure of either party to insist at any time upon the strict performance of any covenant or agreement or to exercise any option, right, power or remedy contained in this Lease shall not be construed as a waiver or a relinquishment thereof for the future. A receipt by Landlord of any Basic Rent, Additional Rent or any other sum payable hereunder with knowledge of the breach of any covenant or agreement contained in this Lease shall not be deemed a waiver of such breach, and no waiver of any provision of this Lease shall be deemed to have been made unless expressed in writing and signed by the waiving party. In addition to other remedies provided in this Lease, Landlord shall be entitled, to the extent permitted by applicable law, to injunctive relief in case of the violation, or attempted or threatened violation, of any of the covenants, agreements, conditions or provisions of this Lease, or to a decree compelling performance of any of the covenants, agreements, conditions or provisions of this Lease, or to any other remedy allowed to Landlord at Law or in equity. (b) Tenant hereby waives and surrenders, to the extent not prohibited by Law, for itself and all those claiming under it, including creditors of all kinds, (i) any right and privilege which it or any of them may have under any present or future Law to redeem the Leased Premises or to have a continuance of this Lease for the Term after termination of Tenant’s right of occupancy by order or judgment of any court or by any legal process or writ, or under the terms of this Lease, or after the termination of the Term as herein provided, and (ii) the benefits of any present or future law which exempts property from liability for debt or for distress for rent. (c) In the event Tenant shall be in default in the performance of any of its obligations under this Lease, and an action shall be brought for the enforcement thereof in which it shall be determined that Tenant was in default, Tenant shall pay to Landlord all of the expenses incurred in connection therewith including reasonable attorney’s fees. In the event Landlord shall, without fault on its part, be made a party to any litigation commenced against Tenant’s fixtures, fixture equipment, improvements, additions, alterations, and other personal property shall remain on the Premises and in the event, and continuing during the length of said default, Landlord shall have the right to take the exclusive possession of same and to use same, rent or charge free, until all defaults are cured orif Tenant, at its optionexpense, at any time during the term shall fail to provide Landlord with counsel reasonably approved by Landlord, Tenant shall pay all costs and reasonable attorney’s fees incurred or paid by Landlord in connection with such litigation. (d) If an Event of this Lease to require Tenant to forthwith remove the same. Tenant hereby acknowledges that late payments by Tenant to Default has happened and is continuing, Landlord of Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs includemay, but are shall not limited to processing and accounting charges and late charges which may be imposed on Landlord by the terms of obligated to, make any mortgage or trust deed covering the Premises. ACCORDINGLY IF ANY INSTALLMENT OF RENT OR ANY OTHER SUM DUE FROM TENANT SHALL NOT BE RECEIVED BY LANDLORD OR LANDLORD’S DESIGNEE WITHIN TEN (10) DAYS AFTER SUCH AMOUNT SHALL BE DUE, TENANT SHALL PAY TO LANDLORD A LATE CHARGE EQUAL TO EIGHT PERCENT (8%) OF SUCH OVERDUE AMOUNT. The parties hereby agree that such late charge represents a fair and reasonable estimate of costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. Tenant hereunder waives any right of redemption or relief from forfeiture under the laws of the State of California or under any other present or future law, in the event Tenant is evicted or Landlord takes possession of the Premises by reason of any default by Tenant hereunder. Landlord shall be under no obligation to observe or perform any covenant of this Lease on its part act required hereunder to be observed made or performed by Tenant which accrues after has not been performed within the date time period specified herein for such performance, with the same effect as if made or performed by Tenant, provided that no entry by Landlord upon the Leased Premises for such purpose shall create any liability to Tenant on the part of Landlord or shall constitute or shall be deemed to be an eviction of Tenant, and no such entry shall waive or release Tenant from any obligation or default hereunder. All sums so paid by Landlord and all costs and expenses (including reasonable attorney’s fees and expenses) incurred by Landlord in connection with the performance of any default such act, together with interest at the Default Rate, shall constitute Additional Rent payable by Tenant hereunder.

Additional Rights of Landlord. In (a) Upon the event occurrence of default, all any Event of Tenant’s fixtures, fixture equipment, improvements, additions, alterations, and other personal property shall remain on the Premises and in the event, and continuing during the length of said defaultDefault, Landlord shall have the right (but no obligation) to take perform any act required of Tenant hereunder, whether as agent for Tenant or otherwise; and the exclusive cost thereof shall be Additional Rent hereunder and shall be paid by Tenant to Landlord, together with interest thereon at the Default Rate from the date such cost is incurred until it shall be fully paid by Tenant, immediately upon demand. Time is of the essence in the performance of Tenant's obligations under this Lease. No failure of Landlord (i) to insist at any time upon the strict performance of any provision of this Lease or (ii) to exercise any option, right, power or remedy contained in this Lease shall be construed as a waiver, modification or relinquishment thereof. A receipt by Landlord of any Rent or other sum due hereunder with knowledge of the breach of any provision contained in this Lease shall not be deemed a waiver of such breach, and no waiver by Landlord of any provision of this Lease shall be deemed to have been made unless expressed in a writing signed by Landlord. In addition to the other remedies provided in this Lease, Landlord shall be entitled, to the extent permitted by applicable Law, to injunctive relief in case of the violation, or attempted or threatened violation, of any of the provisions of this Lease, or to specific performance of any of the provisions of this Lease. (b) To the extent permitted by law, Tenant hereby waives and surrenders, for itself and all those claiming under it, including creditors of all kinds, (i) any right and privilege which it or any of them may have under any present or future Law to redeem any of the Leased Premises or to have a continuance of this Lease after termination of this Lease or of Tenant's right of occupancy or possession pursuant to any court order or any provision hereof, and (ii) the benefits of same any present or future Law which exempts property from liability for debt or for distress for rent. (c) Tenant shall pay to Landlord, as Additional Rent, all the expenses incurred by Landlord in connection with any Event of Default or the exercise of any remedy by reason of an Event of Default or otherwise in connection with the enforcement of this Lease, including reasonable attorneys' fees and expenses. If Landlord shall be made a party to use sameany litigation commenced against Tenant or any litigation pertaining to this Lease or any of the Leased Premises, rent or charge freethen, until all defaults are cured orat the option of Landlord, Tenant, at its optionexpense, at shall provide Landlord with counsel approved by Landlord and, in any time during event, Tenant shall pay all costs and reasonable attorneys' fees incurred or paid by Landlord in connection with such litigation. Tenant shall also pay all of Landlord's reasonable attorneys' fees, costs and expenses incurred in the term preparation, negotiation, execution and delivery of this Lease to require Tenant to forthwith remove the same. Tenant hereby acknowledges that late payments by Tenant to Landlord of Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Leaseor any document (including any amendment or supplement hereto) prepared, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to processing and accounting charges and late charges which may be imposed on Landlord by the terms of any mortgage executed or trust deed covering the Premises. ACCORDINGLY IF ANY INSTALLMENT OF RENT OR ANY OTHER SUM DUE FROM TENANT SHALL NOT BE RECEIVED BY LANDLORD OR LANDLORD’S DESIGNEE WITHIN TEN (10) DAYS AFTER SUCH AMOUNT SHALL BE DUE, TENANT SHALL PAY TO LANDLORD A LATE CHARGE EQUAL TO EIGHT PERCENT (8%) OF SUCH OVERDUE AMOUNT. The parties hereby agree that such late charge represents a fair and reasonable estimate of costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge delivered by Landlord shall in no event constitute a waiver of Tenant’s default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. Tenant hereunder waives any right of redemption or relief from forfeiture under the laws of the State of California or under any other present or future law, in the event Tenant is evicted or Landlord takes possession of the Premises by reason of any default by Tenant hereunder. Landlord shall be under no obligation to observe or perform any covenant of this Lease on its part to be observed or performed which accrues after the date of any default by Tenant hereunderhereof in connection herewith.

Additional Rights of Landlord. Any and all costs, expenses and disbursements, of any kind or nature, incurred by Landlord or Agent in connection with the enforcement of any and all of the terms and provisions of this Lease, including attorneys’ reasonable fees (through all appellate proceedings), shall be due and payable (as Additional Rent) upon Landlord’s submission of an invoice therefor. All sums advanced by Landlord or Agent on account of Tenant under this Section, or pursuant to any other provision of this Lease, and all Base Rent and Additional Rent, if delinquent or not paid by Tenant and received by Landlord when due hereunder shall bear interest at the maximum rate allowed under Florida law (“Default Rate”), from the due date thereof until paid, and such interest shall be and constitute Additional Rent and be due and payable upon Landlord’s or Agent’s submission of an invoice therefor. The various rights, remedies and elections of Landlord reserved, expressed or contained herein are cumulative and no one of them shall be deemed to be exclusive of the others or of such other rights, remedies, options or elections as are now or may hereafter be conferred upon Landlord by law. In addition to any provisions which may be additionally provided for by law, Tenant hereby grants to Landlord a security interest, pledged for the payment of any and all sums due under this Lease, into any and all personal property, goods, furnishings or equipment which may be owned by Tenant and housed within the Premises subject to this Lease and shall provide such UCC statements as Landlord may require. In the event of default, all of Tenant’s fixtures, fixture equipment, improvements, additions, alterations, and other personal property shall remain on the Premises and in the event, and continuing during the length of said default, Landlord shall have the right to take the exclusive possession of same and to use same, rent or charge free, until all defaults are cured or, at its option, at any time during the term of this Lease to require Tenant to forthwith remove the same. Tenant hereby acknowledges consents that late payments by Tenant to Landlord of Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to processing and accounting charges and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Premises. ACCORDINGLY IF ANY INSTALLMENT OF RENT OR ANY OTHER SUM DUE FROM TENANT SHALL NOT BE RECEIVED BY LANDLORD OR LANDLORD’S DESIGNEE WITHIN TEN (10) DAYS AFTER SUCH AMOUNT SHALL BE DUE, TENANT SHALL PAY TO LANDLORD A LATE CHARGE EQUAL TO EIGHT PERCENT (8%) OF SUCH OVERDUE AMOUNT. The parties hereby agree that such late charge represents a fair and reasonable estimate of costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. Tenant hereunder waives any right of redemption or relief from forfeiture under the laws of the State of California or under any other present or future law, in the event Tenant is evicted or Landlord takes immediately take possession of the Premises by reason including personal property therein contained and may dispose or otherwise liquidate the same for the payment of Base Rent or Additional Rent with any surplus to inure to the benefit of the Tenant. Tenant further consents to the entry of ex parte injunctive relief to prohibit the removal of any default personalty from the leased Premises at any time wherein Tenant may be in default. Tenant further waives the provisions of the posting of any bond by Tenant hereunderLandlord as provided for by Chapter 83 of the Florida Statues or otherwise by law. Landlord The effective date of both the statutory Landlord’s Lien and this aforementioned security interest shall be under no obligation to observe the inception of Tenant’s tenancy of the Premises. it being expressly agreed that any renewal, extension or perform any covenant modification of this Lease on its part to be observed or performed which accrues after the shall not result in a novation nor in a new lease, such that this effective date of any default by Tenant hereundershall remain unchanged throughout Tenant’s tenancy.

Additional Rights of Landlord. In the event of defaulttermination of this Lease, or in the event of default but with no election by Landlord to terminate this Lease, Tenant shall remove all personal property to which it has the right to possession. All property of TenantTenant not removed shall, at the option of Landlord, become the sole property of Landlord. Tenant waives all rights to notice and all common law and statutory claims and causes of action which it may have against Landlord subsequent to such date as regards the storage, destruction, damage, loss of use and ownership of the personal property affected by the terms of this Section. Tenant acknowledges Lxxxxxxx’s need to relet the Premises upon termination of this Lease or repossession of the Premises and understands that the forfeitures and waivers provided herein are necessary to aid such reletting and to prevent Landlord from incurring a loss for inability to deliver the property to a prospective tenant. (i) Tenant hereby grants to Landlord a lien upon and security interest in all fixtures, fixture equipment, improvements, additions, alterations, chattels and other personal property shall remain of every kind now or hereafter to be placed or installed in or on the Premises and agrees that in the event, and continuing during event of any default on the length part of said default, the Tenant the Landlord shall have all the right to take rights and remedies afforded the exclusive possession secured party by the chapter on “Default” of same and to use same, rent or charge free, until all defaults are cured or, at its option, at any time during Division 9 of the term Uniform Commercial Code of California on the date of this Lease and may, in connection therewith, also (a) enter on the Premises to assemble and take possession of the collateral, (b) require Tenant to forthwith remove assemble the samecollateral and make its possession available to the Landlord at the Premises, or (c) enter the Premises, render the collateral, if equipment, unusable and dispose of it in a manner provided by the Uniform Commercial Code of California on the Premises. Tenant designates Landlord his attorney-in-fact for purposes of executing such documents as may be necessary to perfect the lien and security interest granted hereunder. (ii) Tenant hereby acknowledges that late payments payment by Tenant Txxxxx to Landlord of Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to to, processing and accounting charges and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Premises. ACCORDINGLY IF ANY INSTALLMENT OF RENT OR ANY OTHER SUM DUE FROM TENANT SHALL NOT BE RECEIVED BY LANDLORD OR LANDLORD’S DESIGNEE WITHIN TEN Accordingly, if any installment of Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee within five (5) days after such amount shall be due, Tenant shall pay to Landlord a late charge equal to ten percent (10) DAYS AFTER SUCH AMOUNT SHALL BE DUE, TENANT SHALL PAY TO LANDLORD A LATE CHARGE EQUAL TO EIGHT PERCENT (8%) OF SUCH OVERDUE AMOUNTof such amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by TenantTxxxxx. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. . (iii) In the event that a late charge is payable hereunder, whether or not collected, for two (2) installments of Minimum Monthly Rent in any one calendar year, then the Minimum Monthly Rent and/or all other charges hereunder shall, at Landlord’s election by written notice to Tenant, become due and payable quarterly in advance for the next twelve (12) calendar months providing Tenant hereunder waives any right of redemption or relief from forfeiture under the laws of the State of California or under has not defaulted during this time period, rather than monthly, notwithstanding any other present or future law, in provision of this Lease to the contrary. In the event Tenant is evicted or Landlord takes possession of the Premises by reason of any default check from Tenant to Landlord is dishonored or returned for insufficient funds more than once in any twelve (12) calendar month period, then Landlord may require that for one (1) year thereafter that all payments made by Tenant hereunder. to Landlord shall be by money order or cashier’s check. (iv) Landlord shall be under no obligation to observe or perform any covenant of this Lease on its part to be observed or performed which accrues after the date of any default beyond applicable cure period by Tenant hereunder. (v) The various rights, options, election powers, and remedies of Landlord contained in this Section and elsewhere in this Lease shall be construed as cumulative and no one of them exclusive of any others or of any legal or equitable remedy which Landlord might otherwise have in the event of breach or default, and the exercise of any right or remedy by Landlord shall not in any way impair its right to any other right or remedy. (vi) The waiver of Landlord of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition of any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of Rent hereunder by Landlord shall not be deemed to be a waiver of any preceding breach by Tenant of any term, covenant or condition of this Lease, other than the failure of Tenant to pay the particular Rent so accepted, regardless of Landlord’s knowledge of such preceding breach at the time of acceptance of such Rent. No covenant, term, or condition of this Lease shall be deemed to have been waived by Landlord unless such waiver be in writing signed by Landlord.

Additional Rights of Landlord. In the event (a) The rights and remedies set forth in subparagraph 20(b) may be exercised in any order and in any combination whatsoever. No right or remedy herein conferred upon or reserved to Landlord is intended to be exclusive of default, all of Tenant’s fixtures, fixture equipment, improvements, additions, alterationsany other right or remedy, and other personal property each and every right and remedy shall remain on the Premises be cumulative and in addition to any other, right or remedy given hereunder or now or hereafter existing at law or in equity. The failure of Landlord to insist at any time upon the eventstrict performance of any covenant or agreement or to exercise any option, right, power or remedy contained in this Lease shall not be construed as a waiver or a relinquishment thereof for the future. A receipt by Landlord of any Basic Rent, any Additional Rent or any other sum payable hereunder with knowledge of the breach of any covenant or agreement contained in this Lease shall not be deemed a waiver of such breach, and continuing during the length no waiver by Landlord of said defaultany provision of this Lease shall be deemed to have been made unless expressed in writing and signed by Landlord. In addition to other remedies provided in this Lease, Landlord shall be entitled, to the extent permitted by applicable law, to injunctive relief in case of the violation, or attempted or threatened violation, of any of the covenants, agreements, conditions or provision of this Lease, or to decree compelling performance of any of the covenants, agreements, conditions or provisions of this Lease, or to any other remedy allowed to Landlord at law or in equity. (b) Tenant hereby waives and surrenders for itself and all those claiming under it, including creditors of all kinds, (i) any right or privilege which it or any of them may have under any present or future constitution, statute or rule of law to redeem the right Premises or to take the exclusive possession of same and to use same, rent or charge free, until all defaults are cured or, at its option, at any time during the term have a continuance of this Lease to require Tenant to forthwith remove for the same. Tenant Term hereby acknowledges that late payments demised after termination of Tenant's right of occupancy by Tenant to Landlord order or judgment of Rent and other sums due hereunder will cause Landlord to incur costs not contemplated any court or by this Leaseany legal process or writ, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to processing and accounting charges and late charges which may be imposed on Landlord by or under the terms of any mortgage this Lease or trust deed covering after the Premises. ACCORDINGLY IF ANY INSTALLMENT OF RENT OR ANY OTHER SUM DUE FROM TENANT SHALL NOT BE RECEIVED BY LANDLORD OR LANDLORD’S DESIGNEE WITHIN TEN (10) DAYS AFTER SUCH AMOUNT SHALL BE DUE, TENANT SHALL PAY TO LANDLORD A LATE CHARGE EQUAL TO EIGHT PERCENT (8%) OF SUCH OVERDUE AMOUNT. The parties hereby agree that such late charge represents a fair and reasonable estimate of costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s default with respect to such overdue amount, nor prevent Landlord from exercising any termination of the other rights Term of this Lease as herein provided, and remedies granted hereunder. Tenant hereunder waives (ii) the benefits of any right of redemption or relief from forfeiture under the laws of the State of California or under any other present or future lawconstitution, statute or rule of law which exempts property from liability for debt or for distress for rent. (c) Tenant shall promptly (upon receipt of any invoices therefor) reimburse Landlord and each Mortgagee for any reasonable costs and expenses it incurs in connection with any consents, approvals, waivers or amendments requested by Tenant of Landlord and/or any Mortgagee or otherwise required under or in connection with this Lease. If reasonably practical, Landlord shall use such outside consultants (other than attorneys) as Mortgagee uses hereunder, in the event Tenant is evicted or Landlord takes possession of the Premises by reason of any default by Tenant hereunder. Landlord shall be under no obligation order to observe or perform any covenant of this Lease on its part to be observed or performed which accrues after the date of any default by Tenant minimize Tenant's costs hereunder.

Additional Rights of Landlord. In (a) No right or remedy hereunder shall be exclusive of any other right or remedy, but shall be cumulative and in addition to any other right or remedy hereunder or now or hereafter existing. Failure to insist upon the event strict performance of defaultany provision hereof or to exercise any option, right, power or remedy contained herein shall not constitute a waiver or relinquishment thereof for the future. Receipt by Landlord of any Basic Rent, additional rent or other sum payable hereunder with knowledge of the breach of any provision hereof shall not constitute waiver of such breach, and no waiver by Landlord of any provision hereof shall be deemed to have been made unless made in writing. Landlord shall be entitled to injunctive relief in case of the violation, or attempted or threatened violation, of any of the provisions hereof, or to a decree compelling performance of any of the provisions hereof, or to any other remedy allowed to Landlord by law. (b) Tenant hereby waives and surrenders for itself and all those claiming under it, including creditors of all kinds, (i) any right and privilege which it or any of them may have to redeem or re-enter the Premises or to have a continuance of this Lease after termination of Tenant’s fixtures's right of occupancy by order or judgment or any court or by any legal process or writ, fixture equipmentor under the terms of this Lease, improvements, additions, alterations, and other personal property shall remain on or after the Premises and in the event, and continuing during the length termination of said default, Landlord shall have the right to take the exclusive possession of same and to use same, rent or charge free, until all defaults are cured or, at its option, at any time during the term of this Lease as herein provided, (ii) any notice to require Tenant quit or notice of re-entry or of the institution of legal proceedings to forthwith remove that end, and (iii) the same. Tenant hereby acknowledges that late payments by Tenant to Landlord of Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to processing and accounting charges and late charges which may be imposed on Landlord by the terms benefits of any mortgage law which exempts property from liability for debt or trust deed covering for distress for rent. (c) If Tenant shall be in default in the Premises. ACCORDINGLY IF ANY INSTALLMENT OF RENT OR ANY OTHER SUM DUE FROM TENANT SHALL NOT BE RECEIVED BY LANDLORD OR LANDLORD’S DESIGNEE WITHIN TEN (10) DAYS AFTER SUCH AMOUNT SHALL BE DUEperformance of any of its obligations hereunder, TENANT SHALL PAY TO LANDLORD A LATE CHARGE EQUAL TO EIGHT PERCENT (8%) OF SUCH OVERDUE AMOUNT. The parties hereby agree that such late charge represents a fair and reasonable estimate of costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge Tenant shall pay to Landlord, on demand, all expenses incurred by Landlord shall in no event constitute as a waiver of Tenant’s default with respect to such overdue amountresult thereof, nor prevent Landlord from exercising any of the other rights including reasonable attorneys' fees and remedies granted hereunderexpenses. Tenant hereunder waives any right of redemption or relief from forfeiture under the laws of the State of California or under any other present or future law, in the event Tenant is evicted or Landlord takes possession of the Premises by reason of any default by Tenant hereunder. If Landlord shall be under no obligation made a party to observe or perform any covenant of this Lease litigation commenced against Tenant and Tenant shall fail to provide landlord with counsel approved by Landlord and pay the expenses thereof, Tenant shall pay, on its part to be observed or performed which accrues after the date of any default demand, all costs and reasonable attorneys' fees and expenses incurred by Tenant hereunderLandlord in connection with such litigation.

Additional Rights of Landlord. In the event 22.4.1. No right or remedy hereunder shall be exclusive of defaultany other right or remedy, all of Tenant’s fixtures, fixture equipment, improvements, additions, alterations, and other personal property but shall remain on the Premises be cumulative and in addition to any other right or remedy hereunder or now or hereafter existing. Failure to insist upon the event, and continuing during the length strict performance of said default, Landlord shall have the right any provision hereof or to take the exclusive possession of same and to use same, rent or charge free, until all defaults are cured or, at its exercise any option, at any time during the term of this Lease to require Tenant to forthwith remove the same. Tenant hereby acknowledges that late payments by Tenant to Landlord of Rent and other sums due hereunder will cause Landlord to incur costs right, power or remedy contained herein shall not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to processing and accounting charges and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Premises. ACCORDINGLY IF ANY INSTALLMENT OF RENT OR ANY OTHER SUM DUE FROM TENANT SHALL NOT BE RECEIVED BY LANDLORD OR LANDLORD’S DESIGNEE WITHIN TEN (10) DAYS AFTER SUCH AMOUNT SHALL BE DUE, TENANT SHALL PAY TO LANDLORD A LATE CHARGE EQUAL TO EIGHT PERCENT (8%) OF SUCH OVERDUE AMOUNT. The parties hereby agree that such late charge represents a fair and reasonable estimate of costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver or relinquishment thereof for the future. Receipt by Landlord of Tenant’s default any Initial Rent, Base Rent, Percentage Rent, Additional Rent or other sums payable hereunder with respect to such overdue amount, nor prevent Landlord from exercising any knowledge of the other rights and remedies granted hereunder. Tenant hereunder waives any right of redemption or relief from forfeiture under the laws of the State of California or under any other present or future law, in the event Tenant is evicted or Landlord takes possession of the Premises by reason breach of any default provision hereof shall not constitute waiver of such breach, and no waiver by Tenant hereunderLandlord of any provision hereof shall be deemed to have been made unless made in writing specifying the matters waived. Landlord shall be entitled to injunctive relief in case of the violation, or attempted or threatened violation, of any of the provisions hereof, or to any other remedy allowed to Landlord by law or equity. 22.4.2. Except as otherwise provided herein, Tenant hereby waives and surrenders for itself and all those claiming under no obligation it, including creditors of all kinds, (i) any right and privilege which it or any of them may have to observe redeem the Premises or perform any covenant to have a continuance of this Lease on its part to be observed after termination of Tenant’s right of occupancy by order or performed which accrues judgment of any court or by any legal process or writ, or under the terms of this Lease, or after the date termination of the Lease as herein provided, and (ii) the benefits of any law which exempts property from liability for debt or for attachment or distress for rent. 22.4.3. If Tenant shall be in default in the performance of any of its obligations hereunder, Tenant shall pay to Landlord, on demand, all expenses incurred by Landlord as a result thereof, including reasonable attorneys’ fees and expenses (including those incurred in connection with any appellate proceedings). If Landlord shall be made a party to any litigation commenced against Tenant hereunderand Tenant shall fail to provide Landlord with counsel approved by Landlord and pay the expenses thereof, Tenant shall pay all costs and reasonable attorneys’ fees and expenses incurred by Landlord in connection with such litigation (including fees and expenses incurred in connection with any appellate proceedings).

Additional Rights of Landlord. In the event (a) No right or remedy of defaultLandlord under this Lease shall be exclusive of any other right or remedy, all of Tenant’s fixtures, fixture equipment, improvements, additions, alterations, and other personal property but shall remain on the Premises be cumulative and in addition to any other right or remedy hereunder or now or hereafter existing at law or equity. Failure to insist upon the event, and continuing during the length strict performance of said default, Landlord shall have the right any provision hereof or to take the exclusive possession of same and to use same, rent or charge free, until all defaults are cured or, at its exercise any option, at any time during the term of this Lease to require Tenant to forthwith remove the same. Tenant hereby acknowledges that late payments by Tenant to Landlord of Rent and other sums due hereunder will cause Landlord to incur costs right, power or remedy contained herein shall not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to processing and accounting charges and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Premises. ACCORDINGLY IF ANY INSTALLMENT OF RENT OR ANY OTHER SUM DUE FROM TENANT SHALL NOT BE RECEIVED BY LANDLORD OR LANDLORD’S DESIGNEE WITHIN TEN (10) DAYS AFTER SUCH AMOUNT SHALL BE DUE, TENANT SHALL PAY TO LANDLORD A LATE CHARGE EQUAL TO EIGHT PERCENT (8%) OF SUCH OVERDUE AMOUNT. The parties hereby agree that such late charge represents a fair and reasonable estimate of costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver or relinquishment thereof for the future. Receipt by Landlord of Tenant’s default any Basic Rent or Additional Rent with respect to such overdue amount, nor prevent Landlord from exercising any knowledge of the other rights and remedies granted hereunder. Tenant hereunder waives any right of redemption or relief from forfeiture under the laws of the State of California or under any other present or future law, in the event Tenant is evicted or Landlord takes possession of the Premises by reason breach of any default provision hereof shall not constitute waiver of such breach, and no waiver by Tenant hereunderLandlord of any provision hereof shall be deemed to have been made unless made in writing duly executed by Landlord. Landlord shall be under no obligation entitled to observe seek to obtain injunctive relief in case of the violation, or perform attempted or threatened violation, of any covenant of the provisions hereof, or to a decree compelling performance of any of the provisions hereof, or to any other remedy allowed to Landlord by law or equity. (b) No termination of this Lease, repossession or re-letting of the Premises, exercise of any remedy or collection of any damages pursuant to this Article shall relieve Tenant of any indemnification obligations pursuant to this Lease. (c) No failure of Landlord (i) to insist at any time upon the strict performance of any provision of this Lease on its part or (ii) to exercise any option, right, power or remedy contained in this Lease shall be observed construed as a waiver, modification or performed which accrues after the date relinquishment thereof. A receipt by Landlord of any default sum in satisfaction of any monetary obligation with knowledge of the breach of any provision hereof shall not be deemed a waiver of such breach, and no waiver by Tenant hereunderLandlord of any provision hereof shall be deemed to have been made unless expressed in a writing signed by Landlord.

Additional Rights of Landlord. In the event (a) No right or remedy of defaultLandlord under this Lease shall be exclusive of any other right or remedy, all of Tenant’s fixtures, fixture equipment, improvements, additions, alterations, and other personal property but shall remain on the Premises he cumulative and in addition to any other right or remedy hereunder or now or hereafter existing at law or equity. Failure to insist upon the event, and continuing during the length strict performance of said default, Landlord shall have the right any provision hereof or to take the exclusive possession of same and to use same, rent or charge free, until all defaults are cured or, at its exercise any option, at any time during the term of this Lease to require Tenant to forthwith remove the same. Tenant hereby acknowledges that late payments by Tenant to Landlord of Rent and other sums due hereunder will cause Landlord to incur costs right, power or remedy contained herein shall not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to processing and accounting charges and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Premises. ACCORDINGLY IF ANY INSTALLMENT OF RENT OR ANY OTHER SUM DUE FROM TENANT SHALL NOT BE RECEIVED BY LANDLORD OR LANDLORD’S DESIGNEE WITHIN TEN (10) DAYS AFTER SUCH AMOUNT SHALL BE DUE, TENANT SHALL PAY TO LANDLORD A LATE CHARGE EQUAL TO EIGHT PERCENT (8%) OF SUCH OVERDUE AMOUNT. The parties hereby agree that such late charge represents a fair and reasonable estimate of costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver or relinquishment thereof for the future. Receipt by Landlord of Tenant’s default any Base Rent, Additional Rent or other sums payable hereunder with respect to such overdue amount, nor prevent Landlord from exercising any knowledge of the other rights and remedies granted hereunder. Tenant hereunder waives any right of redemption or relief from forfeiture under the laws of the State of California or under any other present or future law, in the event Tenant is evicted or Landlord takes possession of the Premises by reason breach of any default provision hereof shall not constitute waiver of such breach, and no waiver by Tenant hereunderLandlord of any provision hereof shall be deemed to have been made unless made in writing duly executed by Landlord. Landlord shall be under no obligation entitled to observe seek to obtain injunctive relief in case of the violation, or perform attempted or threatened violation, of any of the provisions hereof, or to a decree compelling performance of any of the provisions hereof, or to any other remedy allowed to Landlord by law or equity. (b) If Tenant shall be in default in the observance or performance of any term or covenant of this Lease on its Tenant’s part to be observed or performed which accrues after under any of the provisions of this Lease, then, without thereby waiving such default (and whether or not any applicable cure periods have lapsed), Landlord may, but shall be under no obligation to, take all action, including, without limitation, peaceably enter upon the Premises to perform the obligation of Tenant hereunder immediately and without notice in the case of an emergency and upon five (5) business days’ notice to Tenant in other cases. The reasonable and actual cost and expenses incurred by Landlord in connection therewith, including reasonable attorneys’ fees and expenses (including those incurred in connection with any appellate proceedings), together with interest thereon at the Rate from the date any such expenses were incurred by Landlord until the date of any default payment by Tenant, shall constitute Additional Rent and shall be paid by Tenant hereunderto Landlord within five (5) days after demand therefor together with supporting information. (c) No termination of this Lease, repossession or reletting of the Premises, exercise of any remedy or collection of any damages pursuant to this Article shall relieve Tenant of any indemnification obligations pursuant to this Lease. (d) No failure of Landlord (i) to insist at any time upon the strict performance of any provision of this Lease or (ii) to exercise any option, right, power or remedy contained in this Lease shall be construed as a waiver, modification or relinquishment thereof. A receipt by Landlord of any sum in satisfaction of any monetary obligation with knowledge of the breach of any provision hereof shall not be deemed a waiver of such breach, and no waiver by Landlord of any provision hereof shall be deemed to have been made unless expressed in a writing signed by Landlord.

Additional Rights of Landlord. In the event (a) The rights and remedies set forth in Subparagraph 17(b) may be exercised in any order and in any combination whatsoever. No right or remedy herein conferred upon or reserved to Landlord is intended to be exclusive of default, all of Tenant’s fixtures, fixture equipment, improvements, additions, alterationsany other right or remedy, and other personal property each and every right and remedy shall remain on the Premises be cumulative and in addition to any other right or remedy given hereunder or now or hereafter existing at law or in equity. The failure of Landlord to insist at any time upon the eventstrict performance of any covenant or agreement or to exercise any option, right, power or remedy contained in this Lease shall not be construed as a waiver or a relinquishment thereof for the future. A receipt by Landlord of any Basic Rent, any Additional Rent or any other sum payable hereunder with knowledge of the breach of any covenant or agreement contained in this Lease shall not be deemed a waiver of such breach, and continuing during the length no waiver by Landlord of said defaultany provision of this Lease shall be deemed to have been made unless expressed in writing and signed by Landlord. In addition to other remedies provided in this Lease, Landlord shall have be entitled, to the right extent permitted by applicable law, to take injunctive relief in case of the exclusive possession violation, or attempted or threatened violation, of same and to use sameany of the covenants, rent agreements, conditions or charge free, until all defaults are cured or, at its option, at any time during the term provision of this Lease to require Tenant to forthwith remove the same. Tenant hereby acknowledges that late payments by Tenant to Landlord of Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount or to a decree or judgment compelling performance of which will be extremely difficult to ascertain. Such costs include, but are not limited to processing and accounting charges and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Premises. ACCORDINGLY IF ANY INSTALLMENT OF RENT OR ANY OTHER SUM DUE FROM TENANT SHALL NOT BE RECEIVED BY LANDLORD OR LANDLORD’S DESIGNEE WITHIN TEN (10) DAYS AFTER SUCH AMOUNT SHALL BE DUE, TENANT SHALL PAY TO LANDLORD A LATE CHARGE EQUAL TO EIGHT PERCENT (8%) OF SUCH OVERDUE AMOUNT. The parties hereby agree that such late charge represents a fair and reasonable estimate of costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. Tenant hereunder waives any right covenants, agreements, conditions or provisions of redemption this Lease, or relief from forfeiture under the laws of the State of California or under to any other present remedy allowed to Landlord at law or future law, in the event equity. (b) Tenant is evicted or Landlord takes possession of the Premises by reason shall promptly (upon receipt of any default invoices therefor) reimburse Landlord for any reasonable costs and expenses incurred by Landlord in connection with any consents, approvals, waivers or amendments requested by Tenant hereunder. of Landlord shall be or otherwise required under no obligation to observe or perform any covenant of in connection with this Lease on its part to be observed or performed which accrues after the date of any default by Tenant hereunderLease.

Additional Rights of Landlord. In Any and all costs, expenses ------------------------------ and disbursements, of any kind or nature, incurred by Landlord or Agent in connection with the event enforcement of default, any and all of Tenant’s fixtures, fixture equipment, improvements, additions, alterations, the terms and other personal property shall remain on the Premises and in the event, and continuing during the length provisions of said default, Landlord shall have the right to take the exclusive possession of same and to use same, rent or charge free, until all defaults are cured or, at its option, at any time during the term of this Lease to require Tenant to forthwith remove the same. Tenant hereby acknowledges that late payments by Tenant to Landlord of Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, including reasonable attorneys' fees (through all appellate proceedings), shall be due and payable (as Additional Rent) upon Landlord's submission of an invoice therefor. All sums advanced by Landlord or Agent on account of Tenant under this Section, or pursuant to any other provision of this Lease, and all Rent, if delinquent or not paid by Tenant and received by Landlord when due hereunder, shall bear-interest at the exact amount rate of which will five percent (5%) per annum above the "prime" or "reference" or "base" rate of interest publicly announced as such, from time to time, by The First National Bank of Chicago, from the due date thereof until paid, and such interest shall be extremely difficult to ascertainand constitute Additional Rent and be due and payable upon Landlord's or Agent's submission of an invoice therefor. Such costs includeSuit or suits for the recovery of such damages, but are not limited to processing and accounting charges and late charges which or any installments thereof, may be imposed on brought by Landlord from time to time at its election, and nothing contained herein shall be deemed to require Landlord to postpone suit until the Expiration Date, nor limit or preclude recovery by the terms Landlord against Tenant of any mortgage sums or trust deed covering the Premises. ACCORDINGLY IF ANY INSTALLMENT OF RENT OR ANY OTHER SUM DUE FROM TENANT SHALL NOT BE RECEIVED BY LANDLORD OR LANDLORD’S DESIGNEE WITHIN TEN (10) DAYS AFTER SUCH AMOUNT SHALL BE DUE, TENANT SHALL PAY TO LANDLORD A LATE CHARGE EQUAL TO EIGHT PERCENT (8%) OF SUCH OVERDUE AMOUNT. The parties hereby agree that such late charge represents a fair and reasonable estimate of costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s default with respect damages to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. Tenant hereunder waives any right of redemption or relief from forfeiture under the laws of the State of California or under any other present or future lawwhich, in addition to the event Tenant is evicted or damages particularly provided above, Landlord takes possession of the Premises may lawfully be entitled by reason of any default hereunder by Tenant hereunderTenant. The various rights, remedies and elections of Landlord reserved, expressed or contained herein are cumulative and no one of them shall be deemed to be exclusive of the others or of such other rights, remedies, options or elections as are now or may hereafter be conferred upon Landlord by law. Landlord shall be under no obligation is hereby granted a valid security interest to observe secure payment of all Rent becoming due hereunder and to secure payment of any loss or perform any covenant of this Lease on its part damage due to be observed or performed which accrues after the date of any default by Tenant hereunderhereunder upon all of Tenant's Property and any other personal property of Tenant that may now or hereafter be installed or placed in the Premises and upon Landlord's request, Tenant shall provide such UCC statements as Landlord may require.

Additional Rights of Landlord. In the event (a) No right or remedy under this Lease shall be exclusive of defaultany other right or remedy, all of Tenant’s fixtures, fixture equipment, improvements, additions, alterations, and other personal property but shall remain on the Premises be cumulative and in addition to any other right or remedy under this Lease or now or hereafter existing. Failure to insist upon the event, and continuing during the length strict performance of said default, Landlord shall have the right any provision hereof or to take the exclusive possession of same and to use same, rent or charge free, until all defaults are cured or, at its exercise any option, at any time during the term of this Lease to require Tenant to forthwith remove the same. Tenant hereby acknowledges that late payments by Tenant to Landlord of Rent and other sums due hereunder will cause Landlord to incur costs right, power or remedy contained herein shall not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to processing and accounting charges and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Premises. ACCORDINGLY IF ANY INSTALLMENT OF RENT OR ANY OTHER SUM DUE FROM TENANT SHALL NOT BE RECEIVED BY LANDLORD OR LANDLORD’S DESIGNEE WITHIN TEN (10) DAYS AFTER SUCH AMOUNT SHALL BE DUE, TENANT SHALL PAY TO LANDLORD A LATE CHARGE EQUAL TO EIGHT PERCENT (8%) OF SUCH OVERDUE AMOUNT. The parties hereby agree that such late charge represents a fair and reasonable estimate of costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver or relinquishment thereof for the future. Receipt by Landlord of Tenant’s default any Basic Rent, Additional Rent or other sums payable under this Lease with respect to such overdue amount, nor prevent Landlord from exercising any knowledge of the other rights and remedies granted hereunder. Tenant hereunder waives any right of redemption or relief from forfeiture under the laws of the State of California or under any other present or future law, in the event Tenant is evicted or Landlord takes possession of the Premises by reason breach of any default provision hereof shall not constitute waiver of such breach, and no waiver by Tenant hereunderLandlord of any provision hereof shall be deemed to have been made unless made in writing duly executed by Landlord. Landlord shall be entitled to injunctive relief in case of the violation, or attempted or threatened violation, of any of the provisions hereof, or to a decree compelling performance of any of the provisions hereof, or to any other remedy allowed to Landlord by law or equity. (b) Tenant hereby waives and surrenders for itself and all those claiming under no obligation it, including creditors of all kinds, (i) any right and privilege which it or any of them may have to observe redeem any portion of the Premises or perform any covenant to have a continuance of this Lease after termination of Tenant's right of occupancy by order or judgment of any court or by any legal process or writ, or under the terms of this Lease, or after the termination of the Term of this Lease as herein provided, and (ii) the benefits of any law which exempts property from liability for debt or for distress for rent. (c) If Tenant shall be in default in the observance or performance of any term or covenant on its Tenant's part to be observed or performed which accrues after under any of the provisions of this Lease, then, without thereby waiving such default, Landlord may, but shall be under no obligation to, take all action, including, without limitation, entry upon any or all of the Projects to perform the obligation of Tenant under this Lease immediately and without notice in the case of an emergency and upon 30 days written notice to Tenant in other cases (unless, within such 30 days Tenant shall have provided evidence to Landlord that Tenant has commenced and is diligently pursuing a cure of such default). All expenses incurred by Landlord in connection therewith, including attorneys' fees and expenses (including those incurred in connection with any appellate proceedings), together with interest thereon at the Rate from the date any such expenses were incurred by Landlord until the date of any default payment by Tenant, shall constitute Additional Rent and shall be paid by Tenant hereunderto Landlord upon demand. (d) If Tenant shall be in default in the performance of any of its obligations under this Lease, Tenant shall pay to Landlord or Lender, as appropriate, on demand, all expenses incurred by Landlord or Lender as a result thereof, including reasonable attorneys' fees and expenses (including those incurred in connection with any appellate proceedings). If Landlord or Lender shall be made a party to any litigation commenced against Tenant and Tenant shall fail to provide Landlord or Lender with counsel reasonably approved by Landlord or Lender, as appropriate, and pay the expenses thereof, Tenant shall pay all costs and reasonable attorneys' fees and expenses in connection with such litigation (including fees and expenses incurred in connection with any appellate proceedings).

Additional Rights of Landlord. All sums advanced by Landlord or Agent on account of Tenant under this Section, or pursuant to any other provision of this Lease, and all Base Rent and Additional Rent, if delinquent or not paid by Tenant and received by Landlord when due hereunder, shall bear interest at the rate equal to the lesser of (a) the greatest rate permitted by applicable Law, or (b) Prime, plus 3% per annum (“Default Interest”), from the due date thereof (provided, however, that if Tenant is entitled to notice and opportunity to cure a monetary default under Section 20.2, then such interest shall not accrue until expiration of such cure period) until paid, and such interest shall be and constitute Additional Rent and be due and payable upon Landlord’s or Agent’s submission of an invoice therefor. The various rights, remedies and elections of Landlord reserved, expressed or contained herein are cumulative and no one of them shall be deemed to be exclusive of the others or of such other rights, remedies, options or elections as are now or may hereafter be conferred upon Landlord by law. In addition to any provisions which may be additionally provided for by law, Tenant hereby grants to Landlord a security interest, pledged for the payment of any and all sums due under this Lease, into any and all personal property, goods, furnishings or equipment which may be owned by Tenant and located on the Premises subject to this Lease or housed within the Improvements and shall provide such UCC statements as Landlord may require. In the event of default, all of Tenant’s fixtures, fixture equipment, improvements, additions, alterations, and other personal property shall remain on the Premises and in the event, and continuing during the length of said default, Landlord shall have the right to take the exclusive possession of same and to use same, rent or charge free, until all defaults are cured or, at its option, at any time during the term of this Lease to require Tenant to forthwith remove the same. Tenant hereby acknowledges consents that late payments by Tenant to Landlord of Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to processing and accounting charges and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Premises. ACCORDINGLY IF ANY INSTALLMENT OF RENT OR ANY OTHER SUM DUE FROM TENANT SHALL NOT BE RECEIVED BY LANDLORD OR LANDLORD’S DESIGNEE WITHIN TEN (10) DAYS AFTER SUCH AMOUNT SHALL BE DUE, TENANT SHALL PAY TO LANDLORD A LATE CHARGE EQUAL TO EIGHT PERCENT (8%) OF SUCH OVERDUE AMOUNT. The parties hereby agree that such late charge represents a fair and reasonable estimate of costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. Tenant hereunder waives any right of redemption or relief from forfeiture under the laws of the State of California or under any other present or future law, in the event Tenant is evicted or Landlord takes immediately take possession of the Premises by reason including personal property thereon contained and may dispose or otherwise liquidate the same for the payment of Base Rent or Additional Rent with any surplus to inure to the benefit of the Tenant. Tenant further consents to the entry of ex parte injunctive relief to prohibit the removal of any default personalty from the Improvements or the leased Premises at any time wherein Tenant may be in default. Tenant further waives the provisions of the posting of any bond by Tenant hereunderLandlord as provided for by Chapter 83 of the Florida Statutes or otherwise by law. Landlord The effective date of both the statutory Landlord’s Lien and this aforementioned security interest shall be under no obligation to observe the inception of Tenant’s tenancy of the Premises, it being expressly agreed that any renewal, extension or perform any covenant modification of this Lease on its part to be observed or performed which accrues after the shall not result in a novation nor in a new lease, such that this effective date of any default by Tenant hereundershall remain unchanged throughout Tenant’s tenancy.

Additional Rights of Landlord. In (a) Upon the event occurrence of default, all any Event of Tenant’s fixtures, fixture equipment, improvements, additions, alterations, and other personal property shall remain on the Premises and in the event, and continuing during the length of said defaultDefault, Landlord shall have the right (but no obligation) to take perform any act required of Tenant hereunder, whether as agent for Tenant or otherwise; and the exclusive cost thereof 47 -45- shall be Additional Rent hereunder and shall be paid by Tenant to Landlord, together with interest thereon at the Default Rate from the date such cost is incurred until it shall be fully paid by Tenant, immediately upon demand. Time is of the essence in the performance of Tenant's obligations under this Lease. No failure of Landlord (i) to insist at any time upon the strict performance of any provision of this Lease or (ii) to exercise any option, right, power or remedy contained in this Lease shall be construed as a waiver, modification or relinquishment thereof. A receipt by Landlord of any Rent or other sum due hereunder with knowledge of the breach of any provision contained in this Lease shall not be deemed a waiver of such breach, and no waiver by Landlord of any provision of this Lease shall be deemed to have been made unless expressed in a writing signed by Landlord. In addition to the other remedies provided in this Lease, Landlord shall be entitled, to the extent permitted by applicable Law, to injunctive relief in case of the violation, or attempted or threatened violation, of any of the provisions of this Lease, or to specific performance of any of the provisions of this Lease. (b) To the extent permitted by law, Tenant hereby waives and surrenders, for itself and all those claiming under it, including creditors of all kinds, (i) any right and privilege which it or any of them may have under any present or future Law to redeem any of the Leased Premises or to have a continuance of this Lease after termination of this Lease or of Tenant's right of occupancy or possession pursuant to any court order or any provision hereof, and (ii) the benefits of same any present or future Law which exempts property from liability for debt or for distress for rent. (c) Tenant shall pay to Landlord, as Additional Rent, all the expenses incurred by Landlord in connection with any Event of Default or the exercise of any remedy by reason of an Event of Default or otherwise in connection with the enforcement of this Lease, including reasonable attorneys' fees and expenses. If Landlord shall be made a party to use sameany litigation commenced against Tenant or any litigation pertaining to this Lease or any of the Leased Premises, rent or charge freethen, until all defaults are cured orat the option of Landlord, Tenant, at its optionexpense, at shall provide Landlord with counsel approved by Landlord and, in any time during event, Tenant shall pay all costs and reasonable attorneys' fees incurred or paid by Landlord in connection with such litigation. Tenant shall also pay all of Landlord's reasonable attorneys' fees, costs and expenses incurred in the term preparation, negotiation, execution and delivery of this Lease to require Tenant to forthwith remove the same. Tenant hereby acknowledges that late payments by Tenant to Landlord of Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Leaseor any document (including any amendment or supplement hereto) prepared, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to processing and accounting charges and late charges which may be imposed on Landlord by the terms of any mortgage executed or trust deed covering the Premises. ACCORDINGLY IF ANY INSTALLMENT OF RENT OR ANY OTHER SUM DUE FROM TENANT SHALL NOT BE RECEIVED BY LANDLORD OR LANDLORD’S DESIGNEE WITHIN TEN (10) DAYS AFTER SUCH AMOUNT SHALL BE DUE, TENANT SHALL PAY TO LANDLORD A LATE CHARGE EQUAL TO EIGHT PERCENT (8%) OF SUCH OVERDUE AMOUNT. The parties hereby agree that such late charge represents a fair and reasonable estimate of costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge delivered by Landlord shall in no event constitute a waiver of Tenant’s default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. Tenant hereunder waives any right of redemption or relief from forfeiture under the laws of the State of California or under any other present or future law, in the event Tenant is evicted or Landlord takes possession of the Premises by reason of any default by Tenant hereunder. Landlord shall be under no obligation to observe or perform any covenant of this Lease on its part to be observed or performed which accrues after the date of any default by Tenant hereunderhereof in connection herewith.

Additional Rights of Landlord. In the event (a) No right or remedy under this Lease shall be exclusive of defaultany other right or remedy, all of Tenant’s fixtures, fixture equipment, improvements, additions, alterations, and other personal property but shall remain on the Premises be cumulative and in addition to any other right or remedy under this Lease or now or hereafter existing. Failure to insist upon the event, and continuing during the length strict performance of said default, Landlord shall have the right any provision hereof or to take the exclusive possession of same and to use same, rent or charge free, until all defaults are cured or, at its exercise any option, at any time during the term of this Lease to require Tenant to forthwith remove the same. Tenant hereby acknowledges that late payments by Tenant to Landlord of Rent and other sums due hereunder will cause Landlord to incur costs right, power or remedy contained herein shall not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to processing and accounting charges and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Premises. ACCORDINGLY IF ANY INSTALLMENT OF RENT OR ANY OTHER SUM DUE FROM TENANT SHALL NOT BE RECEIVED BY LANDLORD OR LANDLORD’S DESIGNEE WITHIN TEN (10) DAYS AFTER SUCH AMOUNT SHALL BE DUE, TENANT SHALL PAY TO LANDLORD A LATE CHARGE EQUAL TO EIGHT PERCENT (8%) OF SUCH OVERDUE AMOUNT. The parties hereby agree that such late charge represents a fair and reasonable estimate of costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver or relinquishment thereof for the future. Receipt by Landlord of Tenant’s default any Basic Rent, Additional Rent or other sums payable under this Lease with respect to such overdue amount, nor prevent Landlord from exercising any knowledge of the other rights and remedies granted hereunder. Tenant hereunder waives any right of redemption or relief from forfeiture under the laws of the State of California or under any other present or future law, in the event Tenant is evicted or Landlord takes possession of the Premises by reason breach of any default provision hereof shall not constitute waiver of such breach, and no waiver by Tenant hereunderLandlord of any provision hereof shall be deemed to have been made unless made in writing duly executed by Landlord. Landlord shall be entitled to injunctive relief in case of the violation, or attempted or threatened violation, of any of the provisions hereof, or to a decree compelling performance of any of the provisions hereof, or to any other remedy allowed to Landlord by law or equity. (b) Tenant hereby waives and surrenders for itself and all those claiming under no obligation it, including creditors of all kinds, (i) any right and privilege which it or any of them may have to observe redeem any portion of the Premises or perform any covenant to have a continuance of this Lease after termination of Tenant’s right of occupancy by order or judgment of any court or by any legal process or writ, or under the terms of this Lease, or after the termination of the Term of this Lease as herein provided, and (ii) the benefits of any law which exempts property from liability for debt or for distress for rent. (c) If Tenant shall be in default in the observance or performance of any term or covenant on its Tenant's part to be observed or performed which accrues after under any of the provisions of this Lease, then, without thereby waiving such default, Landlord may, but shall be under no obligation to, take all action, including, without limitation, entry upon any or all of the Projects to perform the obligation of Tenant under this Lease immediately and without notice in the case of an emergency and upon 30 days written notice to Tenant in other cases (unless, within such 30 days Tenant shall have provided evidence to Landlord that Tenant has commenced and is diligently pursuing a cure of such default). All expenses incurred by Landlord in connection therewith, including attorneys’ fees and expenses (including those incurred in connection with any appellate proceedings), together with interest thereon at the Rate from the date any such expenses were incurred by Landlord until the date of any default payment by Tenant, shall constitute Additional Rent and shall be paid by Tenant hereunderto Landlord upon demand. (d) If Tenant shall be in default in the performance of any of its obligations under this Lease, Tenant shall pay to Landlord or Lender, as appropriate, on demand, all expenses incurred by Landlord or Lender as a result thereof, including reasonable attorneys’ fees and expenses (including those incurred in connection with any appellate proceedings). If Landlord or Lender shall be made a party to any litigation commenced against Tenant and Tenant shall fail to provide Landlord or Lender with counsel reasonably approved by Landlord or Lender, as appropriate, and pay the expenses thereof, Tenant shall pay all costs and reasonable attorneys’ fees and expenses in connection with such litigation (including fees and expenses incurred in connection with any appellate proceedings).

Additional Rights of Landlord. In (a) Except as provided in Section 7.01(g), no right or remedy of Landlord hereunder shall be exclusive of any other right or remedy, but shall be cumulative and in addition to any other right or remedy hereunder or now or hereafter existing. Failure to insist upon the event strict performance of defaultany provision hereof or to exercise any option, right, power or remedy contained herein shall not constitute a waiver or relinquishment thereof for the future. Receipt by Landlord of any Basic Rent, additional rent or other sums payable hereunder with knowledge of the breach of any provision hereof shall not constitute waiver of such breach, and no waiver by Landlord of any provision hereof shall be deemed to have been made unless made in writing. Landlord shall be entitled to injunctive relief in case of the violation, or attempted or threatened violation, of any of the provisions hereof, or to a decree compelling performance of any of the provisions hereof, or to any other remedy allowed to Landlord by law or equity. (b) Tenant hereby waives and surrenders for itself and all those claiming under it, including creditors of all kinds, (i) any right and privilege which it or any of them may have to redeem the Premises or to have a continuance of this Lease after termination of Tenant’s fixtures's right of occupancy by order or judgment of any court or by any legal process or writ, fixture equipmentor under the terms of this Lease, improvementsor after the termination of the Lease Term as herein provided, additions, alterations, (ii) the benefits of any law which exempts property from liability for debt and other personal property shall remain (iii) any rights of redemption or reinstatement available by law or any successor law. (c) If an Event of Default on the Premises part of Tenant shall have occurred hereunder and in the eventbe continuing, and continuing during the length of said then, without thereby waiving such default, Landlord shall have the right to take the exclusive possession of same and to use same, rent or charge free, until all defaults are cured or, at its option, at any time during the term of this Lease to require Tenant to forthwith remove the same. Tenant hereby acknowledges that late payments by Tenant to Landlord of Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs includemay, but are not limited to processing and accounting charges and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Premises. ACCORDINGLY IF ANY INSTALLMENT OF RENT OR ANY OTHER SUM DUE FROM TENANT SHALL NOT BE RECEIVED BY LANDLORD OR LANDLORD’S DESIGNEE WITHIN TEN (10) DAYS AFTER SUCH AMOUNT SHALL BE DUE, TENANT SHALL PAY TO LANDLORD A LATE CHARGE EQUAL TO EIGHT PERCENT (8%) OF SUCH OVERDUE AMOUNT. The parties hereby agree that such late charge represents a fair and reasonable estimate of costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. Tenant hereunder waives any right of redemption or relief from forfeiture under the laws of the State of California or under any other present or future law, in the event Tenant is evicted or Landlord takes possession of the Premises by reason of any default by Tenant hereunder. Landlord shall be under no obligation to, take all action, including, without limitation, entry upon the Premises, to observe or perform the obligation of Tenant hereunder immediately and without notice in the case of any covenant of emergency as may be reasonably determined by Landlord and upon five business days' notice to Tenant in other cases. All reasonable expenses incurred by Landlord in connection therewith, including, without limitation, attorneys' fees and expenses (including, without limitation, those incurred in connection with any appellate proceedings), shall constitute additional rent under this Lease and shall be paid by Tenant to Landlord upon demand. (d) If Tenant shall be in default in the performance of any of its obligations under this Lease beyond any applicable grace or cure period hereunder, Tenant shall pay to Landlord, on demand, all customary and reasonable expenses incurred by Landlord as a result thereof, including, without limitation, reasonable attorneys' fees and expenses (including, without limitation, those incurred in connection with any appellate proceedings) and any additional commercially reasonable sums (including any late charge, default penalties, interest and fees of the counsel of Landlord's Mortgagee) which are payable by Landlord to its part Mortgagee by reason of Tenant's late payment or non-payment of Basic Rent. (e) If Tenant shall fail to pay when due any Basic Rent, additional rent or other sum required to be observed or performed which accrues after the date of any default paid by Tenant hereunder, Landlord shall be entitled to collect from Tenant as additional rent and Tenant shall pay to Landlord, in addition to such Basic Rent, additional rent or other sum, a late payment charge on the delinquency equal to the Late Rate from the date due until paid. The Late Rate shall be interest on the past due amount at the lesser of (i) that per annum rate of interest which exceeds by two (2) percentage points the base rate most recently announced by Citibank, N.A., New York, New York, as its Base Rate or (ii) the maximum rate permitted by applicable law. In addition to all other remedies Landlord has hereunder, if Tenant shall fail to pay any Basic Rent, additional rent or other sum, as and when required to be paid by Tenant hereunder prior to the expiration for the period of payment pursuant to subsection 7.01(a)(i)(1), Landlord shall be entitled to collect from Tenant, and Tenant shall pay to Landlord, as additional rent, an amount equal to 1% of the amount shown in the notice as unpaid.

Additional Rights of Landlord. In (a) No right or remedy hereunder shall be exclusive of any other right or remedy, but shall be cumulative and in addition to any other right or remedy hereunder or now or hereafter existing. Failure to insist upon the event strict performance of defaultany provision hereof or to exercise any option, right, power or remedy contained herein shall not constitute a waiver or relinquishment thereof for the future. Receipt by Landlord of any Basic Rent, Additional Rent or other sums payable hereunder with knowledge of the breach of any provision hereof shall not constitute waiver of such breach, and no waiver by Landlord of any provision hereof shall be deemed to have been made unless made in writing duly executed by Landlord. Landlord shall be entitled to injunctive relief in case of the violation, or attempted or threatened violation, of any of the provisions hereof, or to a decree compelling performance of any of the provisions hereof, or to any other remedy allowed to Landlord by law or equity. (b) Tenant hereby waives and surrenders for itself and all those claiming under it, including creditors of all kinds, (i) any right and privilege which it or any of them may have to redeem any portion of the Premises or to have a continuance of this Lease after termination of Tenant’s fixtures's right of occupancy by order or judgment of any court or by any legal process or writ, fixture equipmentor under the terms of this Lease, improvements, additions, alterations, and other personal property shall remain on or after the Premises and in the event, and continuing during the length termination of said default, Landlord shall have the right to take the exclusive possession of same and to use same, rent or charge free, until all defaults are cured or, at its option, at any time during the term of this Lease to require Tenant to forthwith remove as herein provided, and (ii) the same. Tenant hereby acknowledges that late payments by Tenant to Landlord of Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to processing and accounting charges and late charges which may be imposed on Landlord by the terms benefits of any mortgage law which exempts property from liability for debt or trust deed covering the Premises. ACCORDINGLY IF ANY INSTALLMENT OF RENT OR ANY OTHER SUM DUE FROM TENANT SHALL NOT BE RECEIVED BY LANDLORD OR LANDLORD’S DESIGNEE WITHIN TEN for distress for rent. (10c) DAYS AFTER SUCH AMOUNT SHALL BE DUE, TENANT SHALL PAY TO LANDLORD A LATE CHARGE EQUAL TO EIGHT PERCENT (8%) OF SUCH OVERDUE AMOUNT. The parties hereby agree that such late charge represents a fair and reasonable estimate of costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord If Tenant shall be in no event constitute a waiver of Tenant’s default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. Tenant hereunder waives any right of redemption or relief from forfeiture under the laws of the State of California or under any other present or future law, in the event Tenant is evicted observance or Landlord takes possession of the Premises by reason performance of any default by Tenant hereunder. Landlord shall be under no obligation to observe term or perform any covenant of this Lease on its Tenant's part to be observed or performed which accrues after under any of the provisions of this Lease, then, without thereby waiving such default, Landlord may, but shall be under no obligation to, take all action, including, without limitation, entry upon the Premises to perform the obligation of Tenant hereunder immediately and without notice in the case of an emergency and upon 15 days' written notice to Tenant in other cases. All expenses incurred by Landlord in connection therewith, including attorneys' fees and expenses (including those incurred in connection with any appellate proceedings), together with interest thereon at the Rate from the date any such expenses were incurred by Landlord until the date of any default payment by Tenant, shall constitute Additional Rent and shall be paid by Tenant to Landlord upon demand. Landlord shall deliver written notice to Tenant of any work done on an emergency basis promptly after having completed such work. (d) If Tenant shall be in default in the performance of any of its obligations hereunder, Tenant shall pay to Landlord or Lender, as appropriate, on demand, all expenses incurred by Landlord or Lender as a result thereof, including reasonable attorneys' fees and expenses (including those incurred in connection with any appellate proceedings). If Landlord or Lender shall be made a party to any litigation commenced against Tenant and Tenant shall fail to provide Landlord or Lender with counsel reasonably approved by Landlord or Lender, as appropriate, and pay the expenses thereof, Tenant shall pay all costs and reasonable attorneys' fees and expenses in connection with such litigation (including fees and expenses incurred in connection with any appellate proceedings).

Additional Rights of Landlord. In the event (a) No right or remedy herein conferred upon or reserved to Landlord is intended to be exclusive of default, all of Tenant’s fixtures, fixture equipment, improvements, additions, alterationsany other right or remedy, and other personal property each and every right and remedy shall remain on the Premises be cumulative and in addition to any other right or remedy given hereunder or now or hereafter existing at law or in equity or by statute. The failure of Landlord to insist at any time upon the eventstrict performance of any covenant or agreement or to exercise any option, right, power or remedy contained in this Lease shall not be construed as a waiver or a relinquishment thereof for the future. A receipt by Landlord of any Basic Rent, any Additional Rent or any other sum payable hereunder with knowledge of the breach of any covenant or agreement contained in this Lease shall not be deemed a waiver of such breach, and continuing during the length no waiver by Landlord of said defaultany provision of this Lease shall be deemed to have been made unless expressed in writing and signed by Landlord. In addition to other remedies provided in this Lease, Landlord shall be entitled, to the extent permitted by applicable law, to injunctive relief in case of the violation, or attempted or threatened violation, of any of the covenants, agreements, conditions or provision of this Lease, or to decree compelling performance of any of the covenants, agreement, conditions or provisions of this Lease, or to any other remedy allowed to Landlord at law or in equity. (b) Tenant hereby waives and surrenders for itself and all those claiming under it, including creditors of all kinds, (i) any right or privilege which it or any of them may have under any present or future constitution, statute or rule of law to redeem the Premises or to have a continuance of this Lease for the term hereby demised after termination of Tenant's right to take of occupancy by order or judgment of any court or by any legal process or writ, or under the exclusive possession terms of same and to use same, rent this Lease or charge free, until all defaults are cured or, at its option, at any time during after the termination of the term of this Lease to require Tenant to forthwith remove as herein provided, and (ii) the same. Tenant hereby acknowledges that late payments by Tenant to Landlord of Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to processing and accounting charges and late charges which may be imposed on Landlord by the terms benefits of any mortgage or trust deed covering the Premises. ACCORDINGLY IF ANY INSTALLMENT OF RENT OR ANY OTHER SUM DUE FROM TENANT SHALL NOT BE RECEIVED BY LANDLORD OR LANDLORD’S DESIGNEE WITHIN TEN (10) DAYS AFTER SUCH AMOUNT SHALL BE DUE, TENANT SHALL PAY TO LANDLORD A LATE CHARGE EQUAL TO EIGHT PERCENT (8%) OF SUCH OVERDUE AMOUNT. The parties hereby agree that such late charge represents a fair and reasonable estimate of costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. Tenant hereunder waives any right of redemption or relief from forfeiture under the laws of the State of California or under any other present or future lawconstitution, in the event Tenant is evicted statute or Landlord takes possession rule of the Premises by reason of any default by Tenant hereunder. Landlord shall be under no obligation to observe law which exempts property from liability for debt or perform any covenant of this Lease on its part to be observed or performed which accrues after the date of any default by Tenant hereunderfor distress for rent.

Additional Rights of Landlord. Any and all reasonable costs, expenses and disbursements, of any kind or nature, incurred by Landlord or Agent in connection with the valid enforcement of any and all of the terms and provisions of this Lease, including attorneys’ reasonable fees (through all appellate proceedings), shall be due and payable (as Additional Rent) upon Landlord’s submission of an invoice therefor. All sums advanced by Landlord or Agent on account of Tenant under this Section, or pursuant to any other provision of this Lease, and all Base Rent and Additional Rent, if delinquent or not paid by Tenant and received by Landlord when due hereunder, shall bear interest at the rate of 5% per annum above the :”prime:” or :”reference:” or :”base:” rate (on a per annum basis) of interest publicly announced as such, from time to time, by the First Chicago/NBD Bank, from the due date thereof until paid, and such interest shall be and constitute Additional Rent and be due and payable upon Landlord’s or Agent’s submission of an invoice therefor. The various rights, remedies and elections of Landlord reserved, expressed or contained herein are cumulative and no one of them shall be deemed to be exclusive of the others or of such other rights, remedies, options or elections as are now or may hereafter be conferred upon Landlord by law. In addition to any provisions which may be additionally provided for by law, Tenant hereby grants to Landlord a security interest, pledged for the payment of any and all sums due under this Lease, into any and all personal property, goods, furnishings or equipment which may be owned by Tenant and housed within the Premises subject to this Lease and shall provide such UCC statements as Landlord may require. In the event of default, all of Tenant’s fixtures, fixture equipment, improvements, additions, alterations, and other personal property shall remain on the Premises and in the event, and continuing during the length of said default, Landlord shall have the right to take the exclusive possession of same and to use same, rent or charge free, until all defaults are cured or, at its option, at any time during the term of this Lease to require Tenant to forthwith remove the same. Tenant hereby acknowledges consents that late payments by Tenant to Landlord of Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to processing and accounting charges and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Premises. ACCORDINGLY IF ANY INSTALLMENT OF RENT OR ANY OTHER SUM DUE FROM TENANT SHALL NOT BE RECEIVED BY LANDLORD OR LANDLORD’S DESIGNEE WITHIN TEN (10) DAYS AFTER SUCH AMOUNT SHALL BE DUE, TENANT SHALL PAY TO LANDLORD A LATE CHARGE EQUAL TO EIGHT PERCENT (8%) OF SUCH OVERDUE AMOUNT. The parties hereby agree that such late charge represents a fair and reasonable estimate of costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. Tenant hereunder waives any right of redemption or relief from forfeiture under the laws of the State of California or under any other present or future law, in the event Tenant is evicted or Landlord takes immediately take possession of the Premises by reason including personal property therein contained and may dispose or otherwise liquidate the same for the payment of Base Rent or Additional Rent with any surplus to inure to the benefit of the Tenant. Tenant further consents to the entry of ex parte injunctive relief to prohibit the removal of any default personality from the leased Premises at any time wherein Tenant may be in default. Tenant further waives the provisions of the posting of any bond by Tenant hereunderLandlord as provided for by Chapter 83 of the Florida Statutes or otherwise by law. Landlord The effective date of both the statutory Landlord’s Lien and this aforementioned security interest shall be under no obligation to observe the inception of Tenant’s tenancy of the Premises, it being expressly agreed that any renewal, extension or perform any covenant modification of this Lease on its part to be observed or performed which accrues after the shall not result in a novation nor in a new Lease, such that this effective date of any default by Tenant hereundershall remain unchanged throughout Tenant’s tenancy.

Additional Rights of Landlord. In (a) No right or remedy hereunder shall be exclusive of any other right or remedy, but shall be cumulative and in addition to any other right or remedy hereunder or now or hereafter existing. Failure to insist upon the event strict performance of defaultany provision hereof or to exercise any option, right, power or remedy contained herein shall not constitute a waiver or relinquishment thereof for the future. Receipt by Landlord of any Base Rent, Additional Rent or other sums payable hereunder with knowledge of the breach of any provision hereof shall not constitute waiver of such breach, and no waiver by Landlord of any provision hereof shall be deemed to have been made unless made in writing. Landlord shall be entitled to injunctive relief in case of the violation, or attempted or threatened violation, of any of the provisions hereof, or to a decree compelling performance of any of the provisions hereof, or to any other remedy allowed to Landlord by law or equity. (b) Tenant hereby waives and surrenders for itself and all those claiming under it, including creditors of all kinds, (i) any right and privilege which it or any of them may have to redeem the Premises or to have a continuance of this Lease after termination of Tenant’s fixturesright of occupancy by order or judgment of any court or by any legal process or writ, fixture equipmentor under the terms of this Lease, improvementsor after the termination of the Lease Term as herein provided, additions, alterations, (ii) the benefits of any law which exempts property from liability for debt and other personal property shall remain (iii) Tenant specifically waives any rights of redemption or reinstatement available by law or any successor law. (c) If an Event of Default on the Premises part of Tenant shall have occurred hereunder and in the eventbe continuing, and continuing during the length of said then, without thereby waiving such default, Landlord shall have the right to take the exclusive possession of same and to use same, rent or charge free, until all defaults are cured or, at its option, at any time during the term of this Lease to require Tenant to forthwith remove the same. Tenant hereby acknowledges that late payments by Tenant to Landlord of Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs includemay, but are not limited to processing and accounting charges and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Premises. ACCORDINGLY IF ANY INSTALLMENT OF RENT OR ANY OTHER SUM DUE FROM TENANT SHALL NOT BE RECEIVED BY LANDLORD OR LANDLORD’S DESIGNEE WITHIN TEN (10) DAYS AFTER SUCH AMOUNT SHALL BE DUE, TENANT SHALL PAY TO LANDLORD A LATE CHARGE EQUAL TO EIGHT PERCENT (8%) OF SUCH OVERDUE AMOUNT. The parties hereby agree that such late charge represents a fair and reasonable estimate of costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. Tenant hereunder waives any right of redemption or relief from forfeiture under the laws of the State of California or under any other present or future law, in the event Tenant is evicted or Landlord takes possession of the Premises by reason of any default by Tenant hereunder. Landlord shall be under no obligation to, take all action, including, without limitation, entry upon the Premises, to observe or perform the obligation of Tenant hereunder immediately and without notice in the case of any covenant of emergency as may be reasonably determined by Landlord and upon five business days notice to Tenant in other cases. All reasonable expenses incurred by Landlord in connection therewith, including, without limitation, attorneys’ fees and expenses (including, without limitation, those incurred in connection with any appellate proceedings), shall constitute additional rent under this Lease on its part and shall be paid by Tenant to Landlord upon demand. (d) If Tenant shall be observed or performed which accrues after in default in the date performance of any default of its obligations under this Lease beyond any applicable grace or cure period hereunder, Tenant shall pay to Landlord, on demand, all expenses incurred by Landlord as a result thereof, including, without limitation, reasonable attorneys’ fees and expenses (including, without limitation, those incurred in connection with any appellate proceedings). If Landlord shall be made a party to any litigation commenced against Tenant hereunderfor which Tenant’s indemnification of Landlord under this Lease is applicable and Tenant shall fail to provide Landlord with counsel approved by Landlord and pay the expenses thereof, Tenant shall pay all costs and reasonable attorneys’ fees and expenses in connection with such litigation (including, without limitation, fees and expenses incurred in connection with any appellate proceedings).

Additional Rights of Landlord. (a) In the event of default, all a breach or threatened breach by Tenant of Tenant’s fixtures, fixture equipment, improvements, additions, alterations, and other personal property shall remain on the Premises and in the event, and continuing during the length any of said defaultits obligations under this Lease, Landlord shall also have the right to take obtain an injunction. The remedies to which Landlord may resort under this Lease are cumulative (except as otherwise expressly limited pursuant to the terms of this Lease) and are not intended to be exclusive possession of same and any other remedies to use same, rent or charge free, until all defaults are cured or, at its option, which Landlord may be lawfully entitled at any time during and Landlord may invoke any remedies allowed at law or in equity as if specific remedies were not provided for herein. (b) In the term event of this Lease to require Tenant to forthwith remove the same. Tenant hereby acknowledges that late payments a breach or threatened breach by Tenant to Landlord of Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by any of its obligations under this Lease, Tenant shall also have the exact amount of right to obtain an injunction. The remedies to which will be extremely difficult Tenant may resort under this Lease are cumulative (except as otherwise expressly limited pursuant to ascertain. Such costs include, but are not limited to processing and accounting charges and late charges which may be imposed on Landlord by the terms of this Lease) and are not intended to be exclusive of any mortgage other remedies to which Tenant may be lawfully entitled at any time and Tenant may invoke any remedies allowed at law or trust deed covering in equity as if specific remedies were not provided for herein. (c) If this Lease shall terminate under or pursuant to Section 19.2, or if Landlord shall re-enter the Premises. ACCORDINGLY IF ANY INSTALLMENT OF RENT OR ANY OTHER SUM DUE FROM TENANT SHALL NOT BE RECEIVED BY LANDLORD OR LANDLORD’S DESIGNEE WITHIN TEN (10) DAYS AFTER SUCH AMOUNT SHALL BE DUEPremises under the provisions of this Article, TENANT SHALL PAY TO LANDLORD A LATE CHARGE EQUAL TO EIGHT PERCENT (8%) OF SUCH OVERDUE AMOUNT. The parties hereby agree that such late charge represents a fair and reasonable estimate or in the event of costs Landlord will incur the termination of this Lease, or of re-entry by or under any summary dispossess or other proceeding or action or any provision of law by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s default with respect to such overdue amounthereunder, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. Tenant hereunder waives any right of redemption or relief from forfeiture under the laws of the State of California or under any other present or future law, in the event Tenant is evicted or Landlord takes possession of the Premises by reason of any default by Tenant hereunder. Landlord shall be under no obligation entitled to observe or perform any covenant of this Lease on its part to be observed or performed which accrues after the date of any default retain all moneys, if any, paid by Tenant hereunderto Landlord, whether as advance rent, security or otherwise, but such moneys shall be credited by Landlord against any Annual Fixed Rent or Additional Rent due from Tenant at the time of such termination or re-entry or, at Landlord’s option, against any damages payable by Tenant under this Article or pursuant to law.

Additional Rights of Landlord. In (a) No right or remedy hereunder shall be exclusive of any other right or remedy, but shall be cumulative and in addition to any other right or remedy hereunder or now or hereafter existing. Failure to insist upon the event strict performance of defaultany provision hereof or to exercise any option, right, power or remedy contained herein shall not constitute a waiver or relinquishment thereof for the future. Receipt by Landlord of any Basic Rent, Additional Rent or other sums payable hereunder with knowledge of the breach of any provision hereof shall not constitute waiver of such breach, and no waiver by Landlord of any provision hereof shall be deemed to have been made unless made in writing duly executed by Landlord. Landlord shall be entitled to injunctive relief in case of the violation, or attempted or 28 threatened violation, of any of the provisions hereof, or to a decree compelling performance of any of the provisions hereof, or to any other remedy allowed to Landlord by law or equity. (b) Tenant hereby waives and surrenders for itself and all those claiming under it, including creditors of all kinds, (i) any right and privilege which it or any of them may have to redeem any portion of the Premises or to have a continuance of this Lease after termination of Tenant’s fixtures's right of occupancy by order of judgment of any court or by any legal process or writ, fixture equipmentor under the terms of this Lease, improvements, additions, alterations, and other personal property shall remain on or after the Premises and in the event, and continuing during the length termination of said default, Landlord shall have the right to take the exclusive possession of same and to use same, rent or charge free, until all defaults are cured or, at its option, at any time during the term of this Lease to require Tenant to forthwith remove as herein provided, and (ii) the same. Tenant hereby acknowledges that late payments by Tenant to Landlord of Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to processing and accounting charges and late charges which may be imposed on Landlord by the terms benefits of any mortgage law which exempts property from liability for debt or trust deed covering the Premises. ACCORDINGLY IF ANY INSTALLMENT OF RENT OR ANY OTHER SUM DUE FROM TENANT SHALL NOT BE RECEIVED BY LANDLORD OR LANDLORD’S DESIGNEE WITHIN TEN for distress for rent. (10c) DAYS AFTER SUCH AMOUNT SHALL BE DUE, TENANT SHALL PAY TO LANDLORD A LATE CHARGE EQUAL TO EIGHT PERCENT (8%) OF SUCH OVERDUE AMOUNT. The parties hereby agree that such late charge represents a fair and reasonable estimate of costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord If Tenant shall be in no event constitute a waiver of Tenant’s default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. Tenant hereunder waives any right of redemption or relief from forfeiture under the laws of the State of California or under any other present or future law, in the event Tenant is evicted observance or Landlord takes possession of the Premises by reason performance of any default by Tenant hereunder. Landlord shall be under no obligation to observe term or perform any covenant of this Lease on its Tenant's part to be observed or performed which accrues after under any of the provisions of this Lease, then, without thereby waiving such default, Landlord may, but shall be under no obligation to, take all action, including, without limitation, entry upon the Premises to perform the obligation of Tenant hereunder immediately and without notice in the case of an emergency and upon 5 days' written notice to Tenant in other cases. All expenses incurred by Landlord in connection therewith, including attorneys' fees and expenses (including those incurred in connection with any appellate proceedings), together with interest thereon at the Default Rate from the date any such expenses were incurred by Landlord until the date of any default payment by Tenant, shall constitute Additional Rent and shall be paid by Tenant to Landlord upon demand. (d) If Tenant shall be in default in the performance of any of its obligations hereunder, Tenant shall pay to Landlord or Lender, as appropriate, on demand, all expenses incurred by Landlord or Lender as a result thereof, including reasonable attorneys' fees and expenses (including those incurred in connection with any appellate proceedings) and any Makewhole Premium incurred by Landlord. If Landlord or Lender shall be made a party to any litigation commenced against Tenant and Tenant shall fail to provide Landlord or Lender with counsel reasonably approved by Landlord or Lender, as applicable, and pay the expenses thereof, Tenant shall pay all costs and reasonable attorneys' fees and expenses in connection with such litigation (including fees and expenses incurred in connection with any appellate proceedings) together with interest at the Default Rate, from the date paid by Landlord or Lender until reimbursed by Tenant. (e) So long as a Loan is outstanding, if an Event of Default shall exist, within five days after written demand from Landlord or Lender, Tenant shall make monthly tax and insurance payments into an escrow account in accordance with the applicable provisions of an Indenture for so long as such Event of Default shall continue to exist.

Additional Rights of Landlord. Any and all costs, expenses and disbursements, of any kind or nature, incurred by Landlord or Agent in connection with the enforcement of any and all of the terms and provisions of this Lease, including reasonable attorneys’ fees (through all appellate proceedings), shall be due and payable (as Additional Rent) upon Xxxxxxxx’s submission of an invoice therefor. All sums advanced by Landlord or Agent on account of Tenant under this Section, or pursuant to any other provision of this Lease, and all Base Rent and Additional Rent, if delinquent or not paid by Xxxxxx and received by Landlord when due hereunder, shall bear interest at the maximum rate allowed by law, from the due date thereof until paid, and such interest shall be and constitute Additional Rent and be due and payable upon Landlord’s or Agent’s submission of an invoice therefor. The various rights, remedies and elections of Landlord reserved, expressed or contained herein are cumulative and no one of them shall be deemed to be exclusive of the others or of such other rights, remedies, options or elections as are now or may hereafter be conferred upon Landlord by law. In addition to any provisions which may be additionally provided for by law, Tenant hereby grants to Landlord a security interest, pledged for the payment of any and all sums due under this Lease, into any and all personal property, goods, furnishings or equipment which may be owned by Tenant and housed within the Premises subject to this Lease and shall provide such UCC statements as Landlord may require. In the event of default, all of Tenant’s fixtures, fixture equipment, improvements, additions, alterations, and other personal property shall remain on the Premises and in the event, and continuing during the length of said default, Landlord shall have the right to take the exclusive possession of same and to use same, rent or charge free, until all defaults are cured or, at its option, at any time during the term of this Lease to require Tenant to forthwith remove the same. Tenant hereby acknowledges consents that late payments by Tenant to Landlord of Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to processing and accounting charges and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Premises. ACCORDINGLY IF ANY INSTALLMENT OF RENT OR ANY OTHER SUM DUE FROM TENANT SHALL NOT BE RECEIVED BY LANDLORD OR LANDLORD’S DESIGNEE WITHIN TEN (10) DAYS AFTER SUCH AMOUNT SHALL BE DUE, TENANT SHALL PAY TO LANDLORD A LATE CHARGE EQUAL TO EIGHT PERCENT (8%) OF SUCH OVERDUE AMOUNT. The parties hereby agree that such late charge represents a fair and reasonable estimate of costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. Tenant hereunder waives any right of redemption or relief from forfeiture under the laws of the State of California or under any other present or future law, in the event Tenant is evicted or Landlord takes immediately take possession of the Premises by reason including personal property therein contained and may dispose or otherwise liquidate the same for the payment of Base Rent or Additional Rent with any surplus to inure to the benefit of the Tenant. Tenant further consents to the entry of ex parte injunctive relief to prohibit the removal of any default personalty from the leased Premises at any time wherein Tenant may be in default. Tenant further waives the provisions of the posting of any bond by Tenant hereunderLandlord as may be required by Georgia statues or otherwise by law. Landlord The effective date of both the statutory Landlord's Lien and this aforementioned security interest shall be under no obligation to observe the inception of Tenant's tenancy of the Premises, it being expressly agreed that any renewal, extension or perform any covenant modification of this Lease on its part to be observed or performed which accrues after the shall not result in a novation nor in a new lease, such that this effective date of any default by Tenant hereundershall remain unchanged throughout Tenant's tenancy.

Additional Rights of Landlord. In (a) No right or remedy hereunder shall be exclusive of any other right or remedy, but shall be cumulative and in addition to any other right or remedy hereunder or now or hereafter existing. Failure to insist upon the event strict performance of defaultany provision hereof or to exercise any option, right, power or remedy contained herein shall not constitute a waiver or relinquishment thereof for the future. Receipt by Landlord of any Basic Rent, Additional Rent or other sums payable hereunder with knowledge of the breach of any provision hereof shall not constitute waiver of such breach, and no waiver by landlord of any provision hereof shall be deemed to have been made unless made in writing duly executed by Landlord. Landlord shall be entitled to injunctive relief in case of the violation, or attempted or 28 threatened violation, of any of the provisions hereof, or to a decree compelling performance of any of the provisions hereof, or to any other remedy allowed to Landlord by law or equity. (b) Tenant hereby waives and surrenders for itself and all those claiming under it, including creditors of all kinds, (i) any right and privilege which it or any of them may have to redeem any portion of the Premises or to have a continuance of this Lease after termination of Tenant’s fixtures's right of occupancy by order or judgment of any court or by any legal process or writ, fixture equipmentor under the terms of this Lease, improvements, additions, alterations, and other personal property shall remain on or after the Premises and in the event, and continuing during the length termination of said default, Landlord shall have the right to take the exclusive possession of same and to use same, rent or charge free, until all defaults are cured or, at its option, at any time during the term of this Lease to require Tenant to forthwith remove as herein provided, and (ii) the same. Tenant hereby acknowledges that late payments by Tenant to Landlord of Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to processing and accounting charges and late charges which may be imposed on Landlord by the terms benefits of any mortgage law which exempts property from liability for debt or trust deed covering the Premises. ACCORDINGLY IF ANY INSTALLMENT OF RENT OR ANY OTHER SUM DUE FROM TENANT SHALL NOT BE RECEIVED BY LANDLORD OR LANDLORD’S DESIGNEE WITHIN TEN for distress for rent. (10c) DAYS AFTER SUCH AMOUNT SHALL BE DUE, TENANT SHALL PAY TO LANDLORD A LATE CHARGE EQUAL TO EIGHT PERCENT (8%) OF SUCH OVERDUE AMOUNT. The parties hereby agree that such late charge represents a fair and reasonable estimate of costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord If Tenant shall be in no event constitute a waiver of Tenant’s default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. Tenant hereunder waives any right of redemption or relief from forfeiture under the laws of the State of California or under any other present or future law, in the event Tenant is evicted observance or Landlord takes possession of the Premises by reason performance of any default by Tenant hereunder. Landlord shall be under no obligation to observe term or perform any covenant of this Lease on its Tenant's part to be observed or performed which accrues after under any of the provisions of this Lease, then, without thereby waiving such default, Landlord may, but shall be under no obligation to, take all action, including, without limitation, entry upon the Premises to perform the obligation of Tenant hereunder immediately and without notice in the case of an emergency and upon 5 days' written notice to Tenant in other cases. All expenses incurred by Landlord in connection therewith, including attorneys' fees and expenses (including those incurred in connection with any appellate proceedings), together with interest thereon at the Default Rate from the date any such expenses were incurred by Landlord until the date of any default payment by Tenant, shall constitute Additional Rent and shall be paid by Tenant to Landlord upon demand. (d) If Tenant shall be in default in the performance of any of its obligations hereunder, Tenant shall pay to Landlord or Lender, as appropriate, on demand, all expenses incurred by Landlord or Lender as a result thereof, including reasonable attorneys' fees and expenses (including those incurred in connection with any appellate proceedings) and any Makewhole Premium incurred by Landlord. If Landlord or Lender shall be made a party to any litigation commenced against Tenant and Tenant shall fail to provide Landlord or Lender with counsel reasonably approved by Landlord or Lender, as applicable, and pay the expenses thereof, Tenant shall pay all costs and reasonable attorneys' fees and expenses in connection with such litigation (including fees and expenses incurred in connection with any appellate proceedings) together with interest at the Default Rate, from the date paid by Landlord or Lender until reimbursed by Tenant. (e) So long as a Loan is outstanding, if an Event of Default shall exist, within five days after written demand from Landlord or Lender, Tenant shall make monthly tax and insurance payments into an escrow account in accordance with the applicable provisions of an Indenture for so long as such Event of Default shall continue to exist.

Additional Rights of Landlord. In the event of default, all of Tenant’s 's fixtures, fixture furniture, equipment, improvements, additions, alterations, alterations and other personal property shall remain at Landlord's option be removed from or left on the Premises and in the event, and continuing during the length of said such default, . Landlord shall have the right to take the exclusive possession of same all such property and to use same, same rent or charge free, until all defaults are cured or, at its option, at any time during the term of this Lease to require Tenant to forthwith remove the samecured. Tenant hereby acknowledges that late payments by Tenant The remedies given to Landlord of Rent in this Article shall be in addition and other sums due hereunder will cause Landlord supplemental to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to processing and accounting charges and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Premises. ACCORDINGLY IF ANY INSTALLMENT OF RENT OR ANY OTHER SUM DUE FROM TENANT SHALL NOT BE RECEIVED BY LANDLORD OR LANDLORD’S DESIGNEE WITHIN TEN (10) DAYS AFTER SUCH AMOUNT SHALL BE DUE, TENANT SHALL PAY TO LANDLORD A LATE CHARGE EQUAL TO EIGHT PERCENT (8%) OF SUCH OVERDUE AMOUNT. The parties hereby agree that such late charge represents a fair and reasonable estimate of costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s default with respect to such overdue amount, nor prevent Landlord from exercising any of the all other rights and or remedies granted hereunder. Tenant hereunder waives any right of redemption or relief from forfeiture that Landlord may have under the laws of the State of California or under any other present or future law, then in the event Tenant is evicted or Landlord takes possession of the Premises by reason of any default by Tenant hereunderforce. Landlord shall be under no obligation to observe or perform any covenant of this Lease on its part to be observed or performed which that accrues after the date of any default by Tenant hereunder. The waiver by Landlord of any breach of any term, covenant, or condition in this Lease shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition. The subsequent acceptance of rent or any other sum owed hereunder by Landlord shall not be deemed to be a waiver of any preceding breach by Tenant of any term, covenant, or condition of this Lease, other than the failure of Tenant to pay the particular rent or sum owed so accepted, regardless of Landlord's knowledge of such preceding breach at the time of acceptance of such rent or sum owed nor shall acceptance of rent or any other payment after termination of this Lease constitute a reinstatement, extension or renewal of this Lease or revocation of any notice or other act by Landlord. No covenant, term, or condition of this Lease shall be deemed to have been waived by Landlord unless such waiver is in writing signed by Landlord.

Additional Rights of Landlord. In the event Section 17.01. No right or remedy conferred upon or reserved to Landlord shall be exclusive of default, all of Tenant’s fixtures, fixture equipment, improvements, additions, alterationsany other right or remedy, and other personal property any right and remedy shall remain on the Premises be cumulative and in the event, and continuing during the length addition to every other right or remedy given hereunder or now or hereafter existing at law or in equity. The failure of said default, Landlord shall have the right to take the exclusive possession of same and to use same, rent or charge free, until all defaults are cured or, at its option, insist at any time during upon the term strict performance of any covenant or agreement or to exercise any right, power or remedy contained in this Lease shall not be construed as a waiver or relinquishment thereof for the future. A receipt by Landlord of any installment of Monthly Rent (or any component thereof) or any other amount hereunder with knowledge of the breach of any covenant or agreement contained in this Lease shall not be deemed a waiver of such breach, and no waiver by Landlord of any provision of this Lease shall be deemed to require Tenant to forthwith remove the same. Tenant hereby acknowledges that late payments have been made unless expressed in writing and signed by Tenant to Landlord of Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to processing and accounting charges and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Premises. ACCORDINGLY IF ANY INSTALLMENT OF RENT OR ANY OTHER SUM DUE FROM TENANT SHALL NOT BE RECEIVED BY LANDLORD OR LANDLORD’S DESIGNEE WITHIN TEN (10) DAYS AFTER SUCH AMOUNT SHALL BE DUE, TENANT SHALL PAY TO LANDLORD A LATE CHARGE EQUAL TO EIGHT PERCENT (8%) OF SUCH OVERDUE AMOUNT. The parties hereby agree that such late charge represents a fair and reasonable estimate of costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. Tenant hereunder waives any right of redemption or relief from forfeiture under the laws of the State of California or under any other present or future law, in the event Tenant is evicted or Landlord takes possession of the Premises by reason of any default by Tenant hereunderLandlord. Landlord shall be under no obligation entitled, to observe the extent permitted by Xxx, to injunctive relief in case of the violation, or perform attempted or threatened violation, of any covenant covenant, agreement, condition or provision of this Lease on its part or to be observed a decree compelling performance of any covenant, agreement, condition or performed provision of this Lease, or to any other remedy allowed Landlord by Law. Section 17.02. If an Event of Default occurs and is continuing during the Term, Tenant hereby waives and surrenders for itself and all those claiming under it (a) any right and privilege which accrues it or any of them may have under any Law to redeem the Demised Premises or to have a continuance of this Lease for the Term after termination of Tenant’s right of occupancy by order or judgment of any court or by any legal process or writ, or under the terms of this Lease, or after the date termination of the Term of this Lease as herein provided, and (b) the benefits of any Law which exempts property from liability for debt or for distress for rent. Section 17.03. If Tenant shall be in default by in the observance or performance of any of its obligations under this Lease and an action shall be brought for the enforcement thereof in which it shall be determined that Tenant hereunderwas in default, Tenant shall pay to Landlord the expenses incurred in connection therewith, including reasonable attorneys’ fees. Section 17.04. Landlord may inspect and audit Xxxxxx’s books and records to the extend Landlord is required to do so in order to comply with the terms of the Loan Documents.

Additional Rights of Landlord. In the event of defaultaddition to any late payment or interest charges payable to Landlord hereunder and any other rights or remedies that Landlord may have under this Lease or applicable law, all of which rights and remedies shall be cumulative, Tenant’s fixtures, fixture equipmentas a material part of the consideration for this Lease, improvementshereby agrees as follows: (1) If Tenant makes any payment under this Lease by check and such check is dishonored or otherwise returned unpaid to Landlord due to insufficient funds on more than one (1) occasion, additions, alterations, and other personal property shall remain on the Premises and in the event, and continuing during the length of said default, Landlord shall have the right to take the exclusive possession of same and to use same, rent or charge free, until all defaults are cured orthen Landlord, at its option, may require Tenant to make all future payments under this Lease by cashier's check or wire transfer in accordance with wiring instructions given to Tenant by Landlord. (2) If Landlord fails to receive any payment that Tenant is required to make under this Lease when due and Landlord thereafter, and prior to receiving such payment, proceeds to serve a "3-Day Notice" or similar notice to Tenant as permitted under Section 1162 of the California Code of Civil Procedure, then in each such instance, and regardless of whether Tenant thereafter makes such payment, Tenant shall pay to Landlord, upon demand, as Additional Rent, an administrative charge in the amount of $200. Tenant acknowledges that such charge constitutes liquidated damages and not a penalty and represents a reasonable estimate of the additional administrative costs that Landlord will incur in serving such notice. (3) If Landlord fails to receive any payment that Tenant is required to make under this Lease within ten (10) days after the due date for such payment, and such delinquency occurs on two (2) separate occasions, then, at Landlord's election, exercisable by written notice to Tenant at any time during after the second such delinquency, any and all rights of first offer with respect to any premises in the Building or Complex, rights of first refusal with respect to any such premises, and options to renew or extend the term of this Lease, which in any case may be granted to Tenant under this Lease or any exhibit, rider or amendment hereto (each referred to require in this Lease as an "Option") shall terminate. In such event, Tenant to forthwith remove the same. Tenant hereby acknowledges that late payments shall execute a quitclaim deed or other similar document as may be requested by Tenant to Landlord of Rent and other sums due hereunder will cause Landlord to incur costs not contemplated evidence the termination of such Option. (4) If Landlord fails to receive any payment that Tenant is required to make under this Lease within five (5) days after Tenant's receipt of written notice of delinquency, and such delinquency occurs on three (3) separate occasions, then Landlord, at its election, exercisable by this Leaseone or more written notices to Tenant at any time after the third such delinquency, may require any or all of the exact following: (i) that all future payments of Basic Rent be paid three (3) months in advance; (ii) that, subject to annual reconciliation as provided in Paragraph 4.E above, all future payments of Additional Rent shall be payable three (3) months in advance based upon an amount estimated by Landlord to be Landlord's average quarterly expenditure for such items of Additional Rent; and (iii) that the Security Deposit specified in Paragraph 1.H be immediately increased by one hundred percent (100%), in which will be extremely difficult to ascertain. Such costs includeevent Tenant shall, but are not limited to processing and accounting charges and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Premises. ACCORDINGLY IF ANY INSTALLMENT OF RENT OR ANY OTHER SUM DUE FROM TENANT SHALL NOT BE RECEIVED BY LANDLORD OR LANDLORD’S DESIGNEE WITHIN TEN within ten (10) DAYS AFTER SUCH AMOUNT SHALL BE DUEdays after written demand therefore, TENANT SHALL PAY TO LANDLORD A LATE CHARGE EQUAL TO EIGHT PERCENT (8%) OF SUCH OVERDUE AMOUNT. The parties hereby agree that deposit such late charge represents a fair and reasonable estimate of costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall additional amount in no event constitute a waiver of Tenant’s default cash with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. Tenant hereunder waives any right of redemption or relief from forfeiture under the laws of the State of California or under any other present or future law, in the event Tenant is evicted or Landlord takes possession of the Premises by reason of any default by Tenant hereunder. Landlord shall be under no obligation to observe or perform any covenant of this Lease on its part to be observed or performed which accrues after the date of any default by Tenant hereunderLandlord.

Additional Rights of Landlord. In (a) No right or remedy hereunder shall be exclusive of any other right or remedy, but shall be cumulative and in addition to any other right or remedy hereunder or now or hereafter existing. Failure to insist upon the event strict performance of defaultany provision hereof or to exercise any option, right, power or remedy contained herein shall not constitute a waiver or relinquishment thereof for the future. Receipt by Landlord of any Basic Rent, additional rent or other sum payable hereunder with knowledge of the breach of any provision hereof shall not constitute waiver of such breach, and no waiver by Landlord of any provision hereof shall be deemed to have been made unless made in writing. Landlord shall be entitled to injunctive relief in case of the violation, or attempted or threatened violation, of any of the provisions hereof, or to a decree compelling performance of any of the provisions hereof, or to any other remedy allowed to Landlord by law. (b) Tenant hereby waives and surrenders for itself and all those claiming under it, including creditors of all kinds, (i) any right and privilege which it or any of them may have to redeem or re-enter the Premises or to have a continuance of this Lease after termination of Tenant’s fixtures's right of occupancy by order or judgment of any court or by any legal process or writ, fixture equipmentor under the terms of this Lease, improvements, additions, alterations, and other personal property shall remain on or after the Premises and in the event, and continuing during the length termination of said default, Landlord shall have the right to take the exclusive possession of same and to use same, rent or charge free, until all defaults are cured or, at its option, at any time during the term of this Lease as herein provided, (ii) any notice to require Tenant quit or notice of re-entry or of the institution of legal proceedings to forthwith remove that end, and (iii) the same. Tenant hereby acknowledges that late payments by Tenant to Landlord of Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to processing and accounting charges and late charges which may be imposed on Landlord by the terms benefits of any mortgage law which exempts property from liability for debt or trust deed covering for distress for rent. (c) If Tenant shall be in default in the Premises. ACCORDINGLY IF ANY INSTALLMENT OF RENT OR ANY OTHER SUM DUE FROM TENANT SHALL NOT BE RECEIVED BY LANDLORD OR LANDLORD’S DESIGNEE WITHIN TEN (10) DAYS AFTER SUCH AMOUNT SHALL BE DUEperformance of any of its obligations hereunder, TENANT SHALL PAY TO LANDLORD A LATE CHARGE EQUAL TO EIGHT PERCENT (8%) OF SUCH OVERDUE AMOUNT. The parties hereby agree that such late charge represents a fair and reasonable estimate of costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge Tenant shall pay to Landlord, on demand, all expenses incurred by Landlord shall in no event constitute as a waiver of Tenant’s default with respect to such overdue amountresult thereof, nor prevent Landlord from exercising any of the other rights including reasonable attorney's fees and remedies granted hereunderexpenses. Tenant hereunder waives any right of redemption or relief from forfeiture under the laws of the State of California or under any other present or future law, in the event Tenant is evicted or Landlord takes possession of the Premises by reason of any default by Tenant hereunder. If Landlord shall be under no obligation made a party to observe or perform any covenant of this Lease litigation commenced against Tenant and Tenant shall fail to provide Landlord with counsel approved by Landlord and pay the expenses thereof, Tenant shall pay, on its part to be observed or performed which accrues after the date of any default demand, all costs and reasonable attorneys' fees and expenses incurred by Tenant hereunderLandlord in connection with such litigation.