Common use of BREACH; INSOLVENCY; RE-ENTRY Clause in Contracts

BREACH; INSOLVENCY; RE-ENTRY. 20.01 If any rental payable by Tenant to Landlord remains unpaid for more than seven (7) days after written notice to Tenant of non-payment, or if Tenant violates or defaults in the performance of any of its obligations in this Lease and the violation or default continues for a period of thirty (30) days after written notice (or if such violation or default cannot reasonably be cured within such 30-day period, then such longer period as may be reasonably necessary, provided Tenant commences such cure within such 30-day period and diligently pursues such cure to completion), then Landlord may (but will not be required to) declare this Lease forfeited and the Term ended, or re-enter the Premises, or may exercise all other remedies available under Michigan law. Landlord will not be liable for damages to person or property by reason of any legitimate re-entry or forfeiture, and Landlord will be aided and assisted by Tenant, its agents, representatives and employees. Tenant, by the execution of this Lease, waives notice of re-entry by Landlord. In the event of re-entry by Landlord without declaration of forfeiture, the liability of Tenant for the rent provided herein will not be relinquished or extinguished for the balance of the Term, and any rentals prepaid may be retained by Landlord and applied against the cost of re-entry, or as liquidated damages, or both. Tenant will pay, in addition to the rentals and other sums agreed to be paid hereunder, reasonable attorneys' fees, costs and expenses in any suit or action instituted by or involving Landlord to enforce the provisions of, or the collection of the rentals due Landlord under this Lease, including any proceeding under the Federal Bankruptcy Code.

BREACH; INSOLVENCY; RE-ENTRY. 20.01 If 18.01 Each of the following shall constitute an Event of Default under this Lease: (i) Tenant's failure to pay rent or any rental other sum payable by Tenant to Landlord remains unpaid hereunder for more than seven five (75) business days after written notice of such failure has been delivered to Tenant (but if one notice has been (given in any twelve (12) month period, no further notice shall be required during such twelve (12) month period); (ii) Tenant's failure to perform any of the non-paymentmonetary terms, conditions or covenants of this Lease to be observed or performed by Tenant for more than ten (10) business days after written notice of such failure shall have been delivered to Tenant except in connection with a breach which cannot be remedied or cured within said ten (10) business day period, in which event the time of Tenant within which to cure such breach shall be extended for such time as shall be necessary to cure the same, but only if Tenant, within such ten (10) business day period, shall have commenced and diligently proceeded to remedy or cure such breach; (iii) if Tenant is named as the debtor in any bankruptcy proceeding, or similar debtor proceeding, and any such proceeding, if involuntary, is not dismissed or set aside within sixty (60) days from the date thereof; (iv) if Tenant makes an assignment for the benefit of creditors or petitions for or enters into an arrangement with creditors or if a receiver of any property of Tenant in or upon the Premises is appointed in any action, suit or proceeding by or against Tenant, or if Tenant violates shall admit to any creditor or defaults to Landlord that it is insolvent, or if the interest of Tenant in the performance of any of its obligations in this Lease and Premises shall be sold under execution or other legal process; or (v) if Tenant shall abandon the violation or default continues Premises, vacate the Premises for a period of thirty more than fifteen (3015) days consecutive days, or suffer this Lease to be taken under any writ of execution. Upon the occurrence of any Event of Default and after the delivery of written notice (or if such violation or default cannot reasonably be cured within such 30-day period, then such longer period as may be reasonably necessary, provided Tenant commences such cure within such 30-day period and diligently pursues such cure thereof to completion), then Landlord may (but will not be the extent required to) declare this Lease forfeited and the Term ended, or re-enter the Premises, or may exercise all other remedies available under applicable Michigan law. Landlord will not be liable for damages , Landlord, in addition to person any other rights and remedies it may have hereunder or property by reason of any legitimate re-entry or forfeiturelaw, and Landlord will be aided and assisted by Tenant, its agents, representatives and employees. Tenant, by shall have the execution of this Lease, waives notice of re-entry by Landlord. In the event of re-entry by Landlord without declaration of forfeiture, the liability of Tenant for the rent provided herein will not be relinquished or extinguished for the balance of the Term, and any rentals prepaid may be retained by Landlord and applied against the cost immediate right of re-entry, and may remove all persons and property from the Premises and it shall have the right to abandon or as liquidated damages, or both. Tenant will pay, in addition to the rentals and other sums agreed to be paid hereunder, reasonable attorneys' fees, costs and expenses otherwise dispose of such property in any suit way it may deem fit which is not in contravention of applicable law. In addition, Landlord shall have the right, but not the obligation, to store all or action instituted by some of the property which may have been removed in a public warehouse or involving Landlord to enforce elsewhere at the provisions cost of, and for the account of, Tenant, all without service of notice or the collection resort to legal process and all without being deemed guilty of the rentals due Landlord under this Lease, including trespass or becoming liable for any proceeding under the Federal Bankruptcy Codeloss or damage which may be occasioned thereby.

BREACH; INSOLVENCY; RE-ENTRY. 20.01 If 18.01 Each of the following shall constitute an Event of Default under this Lease: (i) Tenant's failure to pay rent or any rental other sum payable hereunder for more than five (5) business days after written notice of such failure has been delivered to Tenant (but if one notice has been given in any twelve (12) month period, no further notice shall be required during such twelve (12) month period); (ii) Tenant's failure to perform any of the non-monetary terms, conditions or covenants of this Lease to be observed or performed by Tenant to Landlord remains unpaid for more than seven (7) business days after written notice of such failure shall have been delivered to Tenant except in connection with a breach which cannot be remedied or cured within said seven (7) business day period, in which event the time of non-paymentTenant within which to cure such breach shall be extended for such time as shall be necessary to cure the same, but only if Tenant, within such seven (7) business day period, shall have commenced and diligently proceeded to remedy or cure such breach; (iii) if Tenant is named as the debtor in any bankruptcy proceeding, or similar debtor proceeding, and any such proceeding, if involuntary, is not dismissed or set aside within sixty (60) days from the date thereof; (iv) if Tenant makes an assignment for the benefit of creditors or petitions for or enters into an arrangement with creditors or if a receiver of any property of Tenant in or upon the Premises is appointed in any action, suit or proceeding by or against Tenant, or if Tenant violates shall admit to any creditor or defaults to Landlord that it is insolvent, or if the interest of Tenant in the performance Premises shall be sold under execution or other legal process; or (v) if Tenant shall suffer this Lease to be taken under any writ of execution. Upon the occurrence of any Event of its obligations in this Lease Default and after the violation or default continues for a period delivery of thirty (30) days after written notice (or if such violation or default cannot reasonably be cured within such 30-day period, then such longer period as may be reasonably necessary, provided Tenant commences such cure within such 30-day period and diligently pursues such cure thereof to completion), then Landlord may (but will not be the extent required to) declare this Lease forfeited and the Term ended, or re-enter the Premises, or may exercise all other remedies available under applicable Michigan law. Landlord will not be liable for damages , Landlord, in addition to person any other rights and remedies it may have hereunder or property by reason of any legitimate re-entry or forfeiturelaw, and Landlord will be aided and assisted by Tenant, its agents, representatives and employees. Tenant, by shall have the execution of this Lease, waives notice of re-entry by Landlord. In the event of re-entry by Landlord without declaration of forfeiture, the liability of Tenant for the rent provided herein will not be relinquished or extinguished for the balance of the Term, and any rentals prepaid may be retained by Landlord and applied against the cost immediate right of re-entry, and may remove all persons and property from the Premises and it shall have the right to abandon or as liquidated damages, or both. Tenant will pay, in addition to the rentals and other sums agreed to be paid hereunder, reasonable attorneys' fees, costs and expenses otherwise dispose of such property in any suit way it may deem fit which is not in contravention of applicable law. In addition, Landlord shall have the right, but not the obligation, to store all or action instituted by some of the property which may have been removed in a public warehouse or involving Landlord to enforce elsewhere at the provisions cost of, and for the account of, Tenant, all without service of notice or the collection resort to legal process and all without being deemed guilty of the rentals due Landlord under this Lease, including trespass or becoming liable for any proceeding under the Federal Bankruptcy Codeloss or damage which may be occasioned thereby.

BREACH; INSOLVENCY; RE-ENTRY. 20.01 If any rental payable by Tenant to Landlord remains unpaid for more than seven (7) days after written notice to Tenant of non-payment, or if Tenant violates or defaults in the performance of any of its obligations in this Lease and the violation or default continues for a period of thirty (30) days after written notice (or if such violation or default cannot reasonably be cured within such 30-day period, then such longer period as may be reasonably necessary, provided Tenant commences such cure within such 30-day period and diligently pursues such cure to completion), then Landlord may (but will not be required to) declare this Lease forfeited and the Term ended, or re-enter the Premises, or may exercise all other remedies available under Michigan law. Landlord will not be liable for damages to person or property by reason of any legitimate re-entry or forfeiture, and Landlord will be aided and assisted by Tenant, its agents, representatives and employees. Tenant, by the execution of this Lease, waives notice of re-entry by Landlord. In the event of re-entry by Landlord without declaration of forfeiture, the liability of Tenant for the rent provided herein will not be relinquished or extinguished for the balance of the Term, and any rentals prepaid may be retained by Landlord and applied against the cost of re-entryreentry, or as liquidated damages, or both. Tenant will pay, in addition to the rentals and other sums agreed to be paid hereunder, reasonable attorneys' fees, costs and expenses in any suit or action instituted by or involving Landlord to enforce the provisions of, or the collection of the rentals due Landlord under this Lease, including any proceeding under the Federal Bankruptcy Code. If Tenant is adjudged bankrupt or insolvent, files or consents to the filing of a petition in bankruptcy under Federal or State law, applies for or consents to the appointment of a receiver for all or substantially all of its assets, makes a general assignment for the benefit of its creditors, or does anything which, under the applicable provisions of the Federal Bankruptcy Code would permit a petition to be filed by or against Tenant, and such petition is not removed within sixty (60) days then Tenant shall be in default under this Lease and, to the extent from time to time permitted by applicable law, including but not limited to the Federal Bankruptcy Code, Landlord shall be entitled to exercise all remedies set forth in the preceding paragraph of this Section 20. In a reorganization under Chapter 11 of the Federal Bankruptcy Code, the debtor or trustee must assume this Lease or assign it within sixty (60) days from the filing of the proceeding, or he shall be deemed to have rejected and terminated this Lease. Tenant acknowledges that its selection to be the tenant hereunder was premised in material part on Landlord's determination of Tenant's creditworthiness and ability to perform the economic terms of this Lease, and Landlord's further determination that Tenant and the character of its occupancy and use of the Premises would be compatible with the nature of the Premises and other adjacent properties of Landlord. Therefore, if Tenant, as debtor, or its trustee elects to assume or assign this Lease, in addition to complying with all other requirements for assumption or assignment under the Federal Bankruptcy Code, then Tenant, as debtor, or its trustee or assignee, as the case may be, must also provide adequate assurance of future performance, including but not limited to a deposit, the amount of which shall be reasonably determined based on the duration of time remaining in the Term, the physical condition of the Premises at the time the proceeding was filed, and such damages as may be reasonably anticipated after reinstatement of the Lease, taking into account rental market conditions at the time of the reinstatement. In the event of an assignment, the Landlord must be reasonably assured that the financial condition of the assignee is sound, and that its use of the Premises will be compatible with the nature of the Premises and other adjacent properties of Landlord. In the event of declaration of forfeiture at or after the time of re-entry, Landlord may re-lease the Premises or any portion (s) of the Premises for a terms or terms and at a rent which may INITIALS ----------- MM / M ----------- be less than or exceed the balance of the Term of and the rent reserved under this Lease. In such event Tenant will pay to Landlord as liquidated damages for Tenant's default any deficiency between the total rent reserved and the net amount, if any, of the rents collected on account of the lease or leases of the Premises which otherwise would have constituted the balance of the term of this Lease. In computing such liquidated damages, there will be added to the deficiency any expenses which Landlord may incur in connection with re-leasing, such as legal expenses, attorneys' fees, brokerage fees and expenses, advertising and for keeping the Premises in good order or for preparing the Premises for re-leasing. Any such liquidated damages will be paid in monthly installments by Tenant on the Rent Day and any suit brought to collect the deficiency for any month will not prejudice Landlord's right to collect the deficiency for any subsequent month by a similar proceeding. In lieu of the foregoing computation of liquidated damages, Landlord may elect, at its sole option, to receive liquidated damages in one payment equal to any deficiency between the total rent reserved hereunder and the fair and reasonable rental of the Premises, both discounted at ten (10%) percent per annum to present value at the time of declaration of forfeiture. Whether or not forfeiture has been declared, Landlord will not be obliged or be responsible in any way for failure to re-lease the Premises or, in the event that the Premises are re-leased, for failure to collect the rent under such re-leasing. The failure of Landlord to re-lease all or any part of the Premises will not release or affect Tenant's liability for rent or damages.

BREACH; INSOLVENCY; RE-ENTRY. 20.01 If any rental payable by Tenant to Landlord remains unpaid for more than seven (7) days after written notice to Tenant of non-payment, or if Tenant violates or defaults in the performance of any of its obligations in this Lease and the violation or default continues for a period of thirty (30) days after written notice (or if such violation or default cannot reasonably be cured within such 30-day period, then such longer period as may be reasonably necessary, provided Tenant commences such cure within such 30-day period and diligently pursues such cure to completion)notice, then Landlord may (but will not be required to) declare this Lease forfeited and the Term ended, or re-enter the Premises, or may exercise all other remedies available under Michigan law. In the event such non-monetary violation or default cannot be cured within thirty (30) days, so long as Tenant shall have commenced the cure and is proceeding diligently to complete such cure, Tenant shall have such additional time as necessary to complete such cure. Landlord will not be liable for damages to person or property by reason of any legitimate law, re-entry or forfeiture, and Landlord will be aided and assisted by Tenant, its agents, representatives and employees. Tenant, by the execution of this Lease, waives notice of re-entry by Landlord. In the event of re-entry by Landlord without declaration of forfeiture, the liability of Tenant for the rent provided herein will not be relinquished or extinguished for the balance of the Term, and any rentals prepaid may be retained by Landlord and applied against the cost costs of re-=entry, or as liquidated damages, or both. Tenant will pay, in addition to the rentals and rental sand other sums agreed to be paid hereunder, reasonable attorneys' fees, costs and expenses in any suit or action instituted by or involving Landlord to enforce the provisions of, or the collection of the rentals due Landlord under this Lease, including any proceeding under the Federal Bankruptcy Code.. If Tenant is adjudged bankrupt or insolvent, files or consents to the filing of a petition in bankruptcy under Federal or State law, applies for or consents to the appointment of a receiver for all or substantially all of its assets, makes a general assignment for the benefit of its creditors, fails generally to pay its debts as they become due, or does anything which, under the applicable provisions of the Federal Bankruptcy Code would permit a petition to be filed by or against Tenant, then tenant shall be in default under this Lease and, to the extent from time to time permitted by applicable law, including but not limited to the Federal Bankruptcy Code, Landlord shall be entitled to exercise all remedies set forth in the preceding paragraph of this Section 20. In a reorganization under Chapter 11 of the Federal Bankruptcy Code, the debtor or trustee must assume this Lease or assign it within sixty (60) days from the filing of the proceeding, or he shall be deemed to have rejected and terminated this Lease. Tenant acknowledges that its selection to be the tenant hereunder was premised in material part on Landlord's determination of Tenant's creditworthiness and ability to perform the economic terms of the Lease, and Landlord's further determination that Tenant and the character of its occupancy and use of the Premises would be compatible with the nature of the Premises and other adjacent properties of Landlord. Therefore, if Tenant, as debtor, or its trustee elects to assume or assign this Lease, in addition to complying with all other requirements for assumption or assignment under the Federal Bankruptcy Code, then Tenant, as debtor, or its trustee or assignee, as the case may be, must also provide adequate assurance of future performance, including but not limited to a deposit, the amount of which shall be reasonably determined based on the duration of time remaining in the Term, the physical condition of the premises at the time the proceeding as filed, and such damages as may be reasonably anticipated after reinstatement of the Lease, taking into account rental market conditions at the time of the reinstatement. In the event of an assignment, the Landlord must be reasonably assured that the financial condition of the assignee is sound, and that its use of the Premises will be compatible with the nature of the Premises and other adjacent properties of Landlord. In the event of declaration of forfeiture at or after the time or re-entry, Landlord may re-lease the Premises or any portion(s) of the Premises for a term or terms and at a rent which may be less than or exceed the balance of the Term of and the rent reserved under this Lease. In such event Tenant will pay to Landlord as liquidated damages for Tenant's default any deficiency between the total rent reserved and the net amount, if any, of the rents collected on account of the lease or leases or the Premises which otherwise would have constituted the balance of the term of this Lease. In computing such liquidated damages, there will be added to the deficiency any expenses which Landlord may incur in connection with re-leasing, such as legal expenses, attorneys' fees, brokerage fees and expenses, advertising and for keeping the Premises in good order or for preparing the Premises for releasing. Any such liquidated damages will be paid in monthly installments by Tenant on the Rent Day and any suit brought to collect the deficiency for any month will not prejudice Landlord's right to collect the deficiency for any subsequent month by a similar proceeding. In lieu of the foregoing computation of liquidated damages, Landlord may elect, at its sole option, to receive liquidated damages in one payment equal to any deficiency between the total rent reserved hereunder and the fair and reasonable rental of the Premises, both discounted at ten (10%) percent per annum to present value at the time of declaration of

BREACH; INSOLVENCY; RE-ENTRY. 20.01 If 18.01 Each of the following shall constitute an Event of Default under this Lease: (i) Tenant's failure to pay rent or any rental other sum payable hereunder for more than five (5) business days after written notice of such failure has been delivered to Tenant (but if one notice has been given in any twelve (12) month period, no further notice shall be required during such twelve (12) month period); (ii) Tenant's failure to perform any of the non-monetary terms, conditions or covenants of this Lease to be observed or performed by Tenant to Landlord remains unpaid for more than seven (7) business days after written notice of such failure shall have been delivered to Tenant except in connection with a breach which cannot be remedied or cured within said seven (7) business day period, in which event the time of non-paymentTenant within which to cure such breach shall be extended for such time as shall be necessary to cure the same, but only if Tenant, within such seven (7) business day period, shall have commenced and diligently proceeded to remedy or cure such breach; (iii) if Tenant is named as the debtor in any bankruptcy proceeding, or similar debtor proceeding, and any such proceeding, if involuntary, is not dismissed or set aside within sixty (60) days from the date thereof; (iv) if Tenant makes an assignment for the benefit of creditors or petitions for or enters into an arrangement with creditors or if a receiver of any property of Tenant in or upon the Premises is appointed in any action, suit or proceeding by or against Tenant, or if Tenant violates shall admit to any creditor or defaults to Landlord that it is insolvent, or if the interest of Tenant in the performance Premises shall be sold under execution or other legal process; or (v) if Tenant shall suffer this Lease to be taken under any writ of execution. Upon the occurrence of any Event of its obligations Default, Landlord, in this Lease addition to any other rights and remedies it may have hereunder or by law, shall have the violation or default continues for a period of thirty (30) days after written notice (or if such violation or default cannot reasonably be cured within such 30-day period, then such longer period as may be reasonably necessary, provided Tenant commences such cure within such 30-day period and diligently pursues such cure to completion), then Landlord may (but will not be required to) declare this Lease forfeited and the Term ended, or re-enter the Premises, or may exercise all other remedies available under Michigan law. Landlord will not be liable for damages to person or property by reason of any legitimate re-entry or forfeiture, and Landlord will be aided and assisted by Tenant, its agents, representatives and employees. Tenant, by the execution of this Lease, waives notice of re-entry by Landlord. In the event of re-entry by Landlord without declaration of forfeiture, the liability of Tenant for the rent provided herein will not be relinquished or extinguished for the balance of the Term, and any rentals prepaid may be retained by Landlord and applied against the cost immediate right of re-entry, and may remove all persons and property from the Premises and it shall have the right to abandon or as liquidated damages, or both. Tenant will pay, in addition to the rentals and other sums agreed to be paid hereunder, reasonable attorneys' fees, costs and expenses otherwise dispose of such property in any suit way it may deem fit which is not in contravention of applicable law. In addition, Landlord shall have the right, but not the obligation, to store all or action instituted by some of the property which may have been removed in a public warehouse or involving Landlord to enforce elsewhere at the provisions cost of, and for the account of, Tenant, all without service of notice or the collection resort to legal process and all without being deemed guilty of the rentals due Landlord under this Lease, including trespass or becoming liable for any proceeding under the Federal Bankruptcy Codeloss or damage which may be occasioned thereby.

BREACH; INSOLVENCY; RE-ENTRY. 20.01 If any rental payable by Tenant to Landlord remains unpaid for more than seven (7) days after written notice to Tenant of non-payment, or if Tenant violates or defaults in the performance of any of its obligations in this Lease and the violation or default continues for a period of thirty (30) days after written notice (or if such violation or default cannot reasonably be cured within such 30-day period, then such longer period as may be reasonably necessary, provided Tenant commences such cure within such 30-day period and diligently pursues such cure to completion), then Landlord may (but will not be required to) declare this Lease forfeited and the Term ended, or re-enter the Premises, or may exercise all other remedies available under Michigan law. Landlord will not be liable for damages to person or property by reason of any legitimate re-entry or forfeiture, and Landlord will be aided and assisted by Tenant, its agents, representatives and employees. Tenant, by the execution of this Lease, waives notice of re-entry by Landlord. In the event of re-entry by Landlord without declaration of forfeiture, the liability of Tenant for the rent provided herein will not be relinquished or extinguished for the balance of the Term, and any rentals prepaid may be retained by Landlord and applied against the cost of re-entry, or as liquidated damages, or both. Tenant will pay, in addition to the rentals and other sums agreed to be paid hereunder, reasonable attorneys' fees, costs and expenses in any suit or action instituted by or involving Landlord to enforce the provisions of, or the collection of the rentals due Landlord under this Lease, including any proceeding under the Federal Bankruptcy Code. If Tenant is adjudged bankrupt or insolvent, files or consents to the filing of a petition in bankruptcy under Federal or State law, applies for or consents to the appointment of a receiver for all or substantially all of its assets, makes a general assignment for the benefit of its creditors, or does anything which, under the applicable provisions of the Federal Bankruptcy Code would permit a petition to be filed by or against Tenant, and such petition is not removed within sixty (60) days then Tenant shall be in default under this Lease and, to the extent from time to time permitted by applicable law, including but not limited to the Federal Bankruptcy Code, Landlord shall be entitled to exercise all remedies set forth in the preceding paragraph of this Section 20. In a reorganization under Chapter II of the Federal Bankruptcy Code, the debtor or trustee must assume this Lease or assign it within sixty (60) days from the filing of the proceeding, or he shall be deemed to have rejected and terminated this Lease. Tenant acknowledges that its selection to be the tenant hereunder was premised in material part on Landlord's determination of Tenant's creditworthiness and ability to perform the economic terms of this Lease, and Landlord's further determination that Tenant and the character of its occupancy and use of the Premises would be compatible with the nature of the Premises and other adjacent properties of Landlord. Therefore, if Tenant, as debtor, or its trustee elects to assume or assign this Lease, in addition to complying with all other requirements for assumption or assignment under the Federal Bankruptcy Code, then Tenant, as debtor, or its trustee or assignee, as the case may be, must also provide adequate assurance of future performance, including but not limited to a deposit, the amount of which shall be reasonably determined based on the duration of time remaining in the Term, the physical condition of the Premises at the time the proceeding was filed, and such damages as may be reasonably anticipated after reinstatement of the Lease, taking into account rental market conditions at the time of the reinstatement. In the event of an assignment, the Landlord must be reasonably assured that the financial condition of the assignee is sound, and that its use of the Premises will be compatible with the nature of the Premises and other adjacent properties of Landlord. In the event of declaration of forfeiture at or after the time of re-entry, Landlord may re-lease the Premises or any portion(s) of the Premises for a term or terms and at a rent which may be less than or exceed the balance of the Term of and the rent reserved under this Lease. In such event Tenant will pay to Landlord as liquidated damages for Tenant's default any deficiency between the total rent reserved and the net amount, if any, of the rents collected on account of the lease or leases of the Premises which otherwise would have constituted the balance of the term of this Lease. In computing such liquidated damages, (here will be added to the deficiency any expenses which Landlord may incur in connection with re-leasing, such as legal expenses, attorneys' fees, brokerage fees and expenses, advertising and for keeping the Premises in good order or for preparing the Premises for re-leasing. Any such liquidated damages will be paid in monthly installments by Tenant on the Rent Day and any suit brought to collect the deficiency for any month will not prejudice Landlord's right to collect the deficiency for any subsequent month by a similar proceeding. In lieu of the foregoing computation of liquidated damages, Landlord may elect, at its sole option, to receive liquidated damages in one payment equal to any deficiency between the total rent reserved hereunder and the fair and reasonable rental of the Premises, both discounted at ten (10%) percent per annum to present value at the time of declaration of forfeiture. Whether or not forfeiture has been declared, Landlord will not be obliged or be responsible in any way for failure to re-lease the Premises or, in the event that the Premises are re-leased, for failure to collect the rent under such re-leasing. The failure of Landlord to re-lease all or any part of the Premises will not release or affect Tenant's liability for rent or damages.

BREACH; INSOLVENCY; RE-ENTRY. 20.01 A. If any rental rent payable by Tenant to Landlord remains (including but not limited to Base Rent and additional rental payable under paragraphs 8, 9, 10, 14, 21 and 26) shall be and remain unpaid for more than seven five (75) days after written notice to Tenant of non-paymentthat the same is due and payable, or if Tenant violates shall violate or defaults default in the performance of any of its obligations in this Lease the other terms, provisions, covenants, agreements, stipulations, rules or conditions herein, and the such violation or default continues shall continue for a period of thirty (30) days after written notice (or if of such violation or default candefault, or if Tenant shall permit this Lease to be taken under any writ of execution, or shall abandon the Premises, then, in addition to and not reasonably be cured within as a limitation on or in lieu of such 30-day period, then such longer period other or additional remedies as may be reasonably necessaryavailable to Landlord by law, provided Tenant commences such cure within such 30-day period and diligently pursues such cure Landlord shall have the right to completion), then Landlord may (but will not be required to) declare this Lease forfeited and the Term term ended, or to re-enter the PremisesPremises and remove all persons and chattels therefrom, or may to exercise all other remedies available under Michigan law. such remedies, and Landlord will shall not be liable for damages to person or property by reason of any legitimate such re-entry or forfeiture, and Landlord will be aided and assisted by Tenant, its agents, representatives and employees. Tenant, by the execution of this Lease, waives notice of re-entry by LandlordXxxxxxxx. In the event of such re-entry by Landlord without declaration of forfeiture, the liability of Tenant for the rent provided herein will shall not be relinquished or extinguished for the balance of the Termterm of this Lease, and any rentals prepaid may be retained by Landlord and applied against the cost costs of re-entry, or as liquidated damages, or both. ; Tenant will pay, in addition to the rentals and other sums agreed to be paid hereunder, reasonable attorneys' fees, costs and expenses in any suit or action instituted by or involving Landlord to enforce the provisions of, of this Lease or the collection of the rentals due Landlord under this Lease, including any proceeding under the Federal Bankruptcy Codehereunder.

BREACH; INSOLVENCY; RE-ENTRY. 20.01 If 18.01 Each of the following shall constitute an Event of Default under this Lease: (i) Tenant's failure to pay rent or any rental other sum payable hereunder for more than five (5) business days after written notice of such failure has been delivered to Tenant (but if one notice has been given in any twelve (12) month period, no further notice shall be required during such twelve (12) month period) when due; (ii) Tenant's failure to perform any of the non-monetary terms, conditions or covenants of this Lease to be observed or performed by Tenant to Landlord remains unpaid for more than seven (7) days after written notice to Tenant of non-payment, or if Tenant violates or defaults in the performance of any of its obligations in this Lease and the violation or default continues for a period of thirty (30) days after written notice (or if of such violation or default failure shall have been delivered to Tenant except in connection with a breach which cannot reasonably be remedied or cured within such said thirty (30-) day period, then in which event the time of Tenant within which to cure such longer period breach shall be extended for such time as may shall be reasonably necessarynecessary to cure the same, provided Tenant commences such cure but only if Tenant, within such thirty (30-) business day period period, shall have commenced and diligently pursues proceeded to remedy or cure such cure to completion), then Landlord may breach; (but will not be required toiii) declare this Lease forfeited and if Tenant is named as the Term endeddebtor in any bankruptcy proceeding, or re-enter similar debtor proceeding, and any such proceeding, if involuntary, is not dismissed or set aside within sixty (60) days from the date thereof; (iv) if Tenant makes an assignment for the benefit of creditors or petitions for or enters into an arrangement with creditors or if a receiver of any property of Tenant in or upon the Premises is appointed in any action, suit or proceeding by or against Tenant, or if Tenant shall admit to any creditor or to Landlord that it is insolvent, or if the interest of Tenant in the Premises shall be sold under execution or other legal process; or (v) if Tenant shall abandon the Premises, vacate the Premises for a period of more than fifteen (15) consecutive days, or may exercise all other remedies available suffer this Lease to be taken under Michigan lawany writ of execution. Landlord will not be liable for damages to person or property by reason Upon the occurrence of any legitimate re-entry Event of Default, Landlord, in addition to any other rights and remedies it may have hereunder or forfeitureby law, and Landlord will be aided and assisted by Tenant, its agents, representatives and employees. Tenant, by shall have the execution of this Lease, waives notice of re-entry by Landlord. In the event of re-entry by Landlord without declaration of forfeiture, the liability of Tenant for the rent provided herein will not be relinquished or extinguished for the balance of the Term, and any rentals prepaid may be retained by Landlord and applied against the cost immediate right of re-entry, and may remove all persons and property from the Premises and it shall have the right to abandon or as liquidated damages, or both. Tenant will pay, in addition to the rentals and other sums agreed to be paid hereunder, reasonable attorneys' fees, costs and expenses otherwise dispose of such property in any suit way it may deem fit which is not in contravention of applicable law. In addition, Landlord shall have the right, but not the obligation, to store all or action instituted by some of the property which may have been removed in a public warehouse or involving Landlord to enforce elsewhere at the provisions cost of, and for the account of, Tenant, all without service of notice or the collection resort to legal process and all without being deemed guilty of the rentals due Landlord under this Lease, including trespass or becoming liable for any proceeding under the Federal Bankruptcy Codeloss or damage which may be occasioned thereby.

BREACH; INSOLVENCY; RE-ENTRY. 20.01 If 18.01 Each of the following shall constitute an Event of Default under this Lease: (i) Tenant's failure to pay rent or any rental other sum payable hereunder when due; (ii) Tenant's failure to perform any of the non-monetary terms, conditions or covenants of this Lease to be observed or performed by Tenant to Landlord remains unpaid for more than seven ten (710) business days after written notice of such failure shall have been delivered to Tenant; (iii) if Tenant is named as the debtor in any bankruptcy proceeding, or similar debtor proceeding, and any such proceeding, if involuntary, is not dismissed or set aside within sixty (60) days from the date thereof; (iv) if Tenant makes an assignment for the benefit of non-paymentcreditors or petitions for or enters into an arrangement with creditors or if a receiver of any property of Tenant in or upon the Premises is appointed in any action, suit or proceeding by or against Tenant, or if Tenant violates shall admit to any creditor or defaults to Landlord that it is insolvent, or if the interest of Tenant in the performance of any of its obligations in this Lease and Premises shall be sold under execution or other legal process; or (v) if Tenant shall abandon the violation or default continues Premises, vacate the Premises for a period of thirty more than fifteen (3015) days after written notice (consecutive days, or if such violation or default cannot reasonably be cured within such 30-day period, then such longer period as may be reasonably necessary, provided Tenant commences such cure within such 30-day period and diligently pursues such cure to completion), then Landlord may (but will not be required to) declare suffer this Lease forfeited and to be taken under any writ of execution. Upon the Term ended, or re-enter the Premises, or may exercise all other remedies available under Michigan law. Landlord will not be liable for damages to person or property by reason occurrence of any legitimate re-entry Event of Default, Landlord, in addition to any other rights and remedies it may have hereunder or forfeitureby law, and Landlord will be aided and assisted by Tenant, its agents, representatives and employees. Tenant, by shall have the execution of this Lease, waives notice of re-entry by Landlord. In the event of re-entry by Landlord without declaration of forfeiture, the liability of Tenant for the rent provided herein will not be relinquished or extinguished for the balance of the Term, and any rentals prepaid may be retained by Landlord and applied against the cost immediate right of re-entry, and may remove all persons and property from the Premises and it shall have the right to abandon or as liquidated damages, or both. Tenant will pay, in addition to the rentals and other sums agreed to be paid hereunder, reasonable attorneys' fees, costs and expenses otherwise dispose of such property in any suit way it may deem fit which is not in contravention of applicable law. In addition, Landlord shall have the right,, but not the obligation, to store all or action instituted by some of the property which may have been removed in a public warehouse or involving Landlord to enforce elsewhere at the provisions cost of, and for the account of, Tenant, all without service of notice or the collection resort to legal process and all without being deemed guilty of the rentals due Landlord under this Lease, including trespass or becoming liable for any proceeding under the Federal Bankruptcy Codeloss or damage which may be occasioned thereby.