Common use of Breach of Lease Clause in Contracts

Breach of Lease. 20.1 Should the rental or any other amount payable by the Lessee in terms of this Lease not be paid on due date or should the Lessee commit or suffer or permit the commission of a breach of any of the other terms of this Lease, whether or not such other breach goes to the root of this Lease, and fail to make such payment or remedy such other breach within 7 (seven) days after receipt of a notice in writing calling upon it to do so, or should the Lessee or any guarantor of the Lessee be placed in liquidation, whether provisional or final and whether voluntary or compulsory, or under judicial management, whether provisional or final, or should the Lessee or any guarantor of the Lessee effect a general compromise with its creditors or any other arrangement with its creditors necessitated by or attributable to the Lessee or any guarantor of the Lessee suffer a default judgement to be entered against it and fail within 7 (seven) days after such judgement comes to its knowledge to satisfy or take steps to rescind or appeal the same, or should the Lessee die during the currency hereof, the Lessor shall be entitled but not obliged, notwithstanding any previous waiver or anything to the contrary herein contained, either:- 20.1.1 forthwith and without notice to cancel this Lease and to resume possession of the Leased Premises, without prejudice to its claim for arrears of rent and other amounts owing hereunder or for damages which it may have suffered by reason of the Lessee’s breach of contract or of the said cancellation; or 20.1.2 to vary this Lease by making it thereafter terminable on one month’s written notice given by the Lessor; or 20.1.3 to re-enter the Leased Premises and remove all persons and/or property from the Leased Premises. Any property so removed shall be stored at the cost and at the risk of the Lessee. The Lessee hereby irrevocably constitutes the Lessor as its agent for effecting the sale of any such goods and for effecting any of the aforegoing purposes. 20.2 If the Lessor cancels this Lease and the Lessee disputes the Lessor’s right to cancel and remains in occupation of the Leased Premises, the Lessee shall, pending settlement of such dispute, either by negotiation or litigation, continue to pay (without prejudice to its rights) an amount equivalent to the monthly rent together with all the other charges provided for in this Lease, monthly and in advance on the first day of each month and the Lessor shall be entitled to accept and recover such payments, and such payments and the acceptance thereof shall be without prejudice to and shall not in any way whatsoever affect the Lessor’s claim of cancellation then in dispute. If the dispute is resolved in favour of the Lessor, the payments made and received in terms hereof shall be deemed to be amounts paid by the Lessee on account of damages suffered by the Lessor by reason of the cancellation of this Lease and/or the unlawful holding over by the Lessee.

Breach of Lease. 20.1 Should IF TENANT BREACHES ANY TERM OF THIS LEASE AND ABANDONS THE DEMISED PREMISES BEFORE THE END OF THE TERM HEREOF, OR IF TENANT'S RIGHT TO POSSESSION IS TERMINATED BY THE OWNER BECAUSE OF A BREACH OF THIS LEASE, OWNER MAY RECOVER FROM TENANT, IN ADDITION TO ANY OTHER DAMAGES PROVIDED FOR BY LAW, IN EQUITY, IN THIS LEASE, OR OTHERWISE, THE WORTH AT THE TIME OF AWARD OF THE AMOUNT BY WHICH THE UNPAID RENT FOR THE BALANCE OF THE TERM AFTER THE TIME OF AWARD EXCEEDS THE AMOUNT OF SUCH RENTAL LOSS FOR THE SAME PERIOD THE TENANT PROVES COULD BE REASONABLY AVOIDED. EXECUTED THIS 21ST DAY OF MARCH, 1995 OWNER: COUNTRY PLAZA, LTD PARTNERSHIP TENANT: NEW RIDERS, A CALIFORNIA CORPORATION /s/Richard Walker /x/ Xichael Purcell ----------------------------------- --------------------------------- Richard D. Walker, Authorizxx Xxxxx SIGNATURE Country Plaza Ltd Partnership Michael Purcell ---------------------------------- PRINTED Sr. V.P. ------------------------------------ TITLE EXHIBIT "A" EXHIBIT"B" Tenant has inspected leased space and will take leased space in an "as is" condition. Landlord will perform the rental following: 1. Landlord shall warrant that heating and air conditioning systems, all electrical and all plumbing shall be in good working order at the time Tenant takes possession of promises. If Tenant shall find that any of these items are not in good working order, Tenant shall have thirty (30) days in which to notify Landlord of such defect. Failure of Tenant to notify Landlord within said thirty (30) day period shall render Landlord's warranty null and void. 2. Any improvements made by Tenant to the exterior shall be approved by Landlord prior to installation of doors or changes made to the facia, windows and signs. 3. All signage must be approved by Landlord prior to installation. If there are any open panels on pole sign that are not being saved for any other amount payable by tenants in the Lessee in terms of this Lease not be paid on due date or should center Tenant, with Landlord's approval, may use the Lessee commit or suffer or permit the commission of a breach of any vacant unused portion of the other pole sign. Tenant is aware that this option is at Landlord's discretion only. OPTION TO EXTEND If the Tenant is not in default under the terms of this Lease, Tenant shall have the option to extend the term of this lease for two (2) additional five (5) year periods upon all terms and conditions set forth in this Lease except that the fixed minimum rent shall be adjusted upward by four percent (4%) per year for the first option period and four percent (4%) per year for the second option period. Tenant shall exercise this option by delivering written notice to the Landlord no less than one hundred eighty (180) days prior to the termination of the original term of this Lease of its election to extend the term thereof. Failure of the Tenant to provide said notice within said period shall cause this option to automatically become null and void. NO BROKER LIABILITY FOR HAZARDOUS MATERIALS AND TOXIC WASTE Tenant acknowledges that various materials utilized in the construction of any improvements on the property may contain materials that have been or may in the future be determined to be hazardous or undesirable and may need to be specially treated, specially handled and/or removed from the property. For example, some electrical transformers and other electrical components can contain PCBs, and asbestos has been used in a wider variety of building components such as fire-proofing, heating and cooling equipment, air duct insulation, acoustical tiles, spray on acoustical materials, linoleum, floor tiles, and plaster. Due to current or prior uses, the property or improvements may contain materials such as metals, minerals, chemicals, hydrocarbons, biological or radioactive materials and other substances which are considered, or in the future may be determined to be, hazardous materials, toxic wastes or undesirable substances, such items also may be in above- and below-ground containers on the property or may not be accessible or noticeable. The Brokers In this transaction have no expertise with respect to the detection or identification of undesirable substances, hazardous materials or toxic wastes. Proper inspections of the property by qualified experts are an absolute necessity to determine whether or not such other breach goes there are any current or potential undesirable substances, hazardous materials or toxic waste problems related to the root property. The Brokers In this transaction have not made any representations, either expressed or implied, regarding the existence or non- existence of this Leasetoxic waste, and fail to make such payment or remedy such other breach within 7 (seven) days after receipt of a notice in writing calling upon it to do sohazardous materials, or should undesirable substances. It is the Lessee or any guarantor responsibility of Owner and Tenant to retain qualified experts to deal with the Lessee be placed in liquidation, whether provisional or final detection and whether voluntary or compulsory, or under judicial management, whether provisional or final, or should the Lessee or any guarantor correction of the Lessee effect a general compromise with its creditors or any other arrangement with its creditors necessitated by or attributable to the Lessee or any guarantor of the Lessee suffer a default judgement to be entered against it and fail within 7 (seven) days after such judgement comes to its knowledge to satisfy or take steps to rescind or appeal the same, or should the Lessee die during the currency hereof, the Lessor shall be entitled but not obliged, notwithstanding any previous waiver or anything to the contrary herein contained, either:- 20.1.1 forthwith and without notice to cancel this Lease matters and to resume possession consult legal counsel of the Leased Premisestheir choice to determine what provisions, without prejudice if any, they may wish to its claim for arrears of rent and other amounts owing hereunder add to this Contract regarding toxic wastes, hazardous materials or for damages which it may have suffered by reason of the Lessee’s breach of contract or of the said cancellation; or 20.1.2 to vary this Lease by making it thereafter terminable on one month’s written notice given by the Lessor; or 20.1.3 to re-enter the Leased Premises and remove all persons and/or property from the Leased Premises. Any property so removed shall be stored at the cost and at the risk of the Lessee. The Lessee hereby irrevocably constitutes the Lessor as its agent for effecting the sale of any such goods and for effecting any of the aforegoing purposesundesirable substances. 20.2 If the Lessor cancels this Lease and the Lessee disputes the Lessor’s right to cancel and remains in occupation of the Leased Premises, the Lessee shall, pending settlement of such dispute, either by negotiation or litigation, continue to pay (without prejudice to its rights) an amount equivalent to the monthly rent together with all the other charges provided for in this Lease, monthly and in advance on the first day of each month and the Lessor shall be entitled to accept and recover such payments, and such payments and the acceptance thereof shall be without prejudice to and shall not in any way whatsoever affect the Lessor’s claim of cancellation then in dispute. If the dispute is resolved in favour of the Lessor, the payments made and received in terms hereof shall be deemed to be amounts paid by the Lessee on account of damages suffered by the Lessor by reason of the cancellation of this Lease and/or the unlawful holding over by the Lessee.

Breach of Lease. 20.1 Should IF TENANT BREACHES ANY TERM OF THIS LEASE AND ABANDONS THE DEMISED PREMISES BEFORE THE END OF THE TERM HEREOF, OR IF TENANT'S RIGHT TO POSSESSION IS TERMINATED BY-THE OWNER BECAUSE OF A BREACH OF THIS LEASE, OWNER MAY RECOVER FROM TENANT, IN ADDITION TO ANY OTHER DAMAGES PROVIDED FOR BY LAW, IN EQUITY, IN THIS LEASE, OR OTHERWISE, THE WORTH AT THE TIME OF AWARD OF THE AMOUNT BY WHICH THE UNPAID RENT FOR THE BALANCE OF THE TERM AFTER THE TIME OF AWARD EXCEEDS THE AMOUNT OF SUCH RENTAL LOSS FOR THE SAME PERIOD THE TENANT PROVES COULD BE REASONABLY AVOIDED. ATTACHED ADDENDUM IS A PART OF THIS LEASE. EXECUTED THIS 23 DAY OF FEBRUARY, 1995 OWNER: TENANT: NEW RIDERS LIMITED /S/ Richard D. Walker Xx: /s/ ----------------------------- ----------------------------- RICHARD D. WALKER GEN. PARTXXX XXX-XXXXXX/XXESNO A GENERAL XXXXXXXXXIP ADDENDUM TO LEASE This Addendum shall be made a part of the rental attached Lease between NEW RIDERS LIMITED and COX-WALKER/FRESNO. 1) Texxxx xxxxxs to accept the space "as is" with no expense to the Owner except Owner shall maintain roof for the first five years of the lease term at owner's expense. 2) Owner and Tenant agree that is a part of Owner's security for entering into this Lease, Tenant plans on remodeling the building at Tenant's expense. Tenant agrees to submit plans to the city within 45 days of mutual execution of a Lease, and to begin work on this remodel within 15 days of receiving permits from the City of Fresno. In the event Tenant has not started work on this remodel within said time, Owner may at Owner's discretion, cancel this Lease and retain Tenant's security deposit and first month's rent as damages. 3) Tenant agrees that during the term of the Lease, it shall maintain the building mechanical systems, plumbing, electrical systems, structural components, walls, exterior painting, parking lot, roof (except owner shall maintain roof at Owner's expense for the first five years of the lease term) and landscaping. There shall be no expense to the Owner for maintenance during the term of this lease. 4) Existing equipment listed on the attached Schedule of Equipment has a lien filed by SBA. Tenant is currently in negotiations to purchase said equipment from SBA. In the event Tenant elects not to purchase said equipment, Owner agrees to either purchase the equipment or to immediately notify SBA to have equipment removed. In the event SBA does not remove equipment, owner agrees to remove the equipment within 30 days. 5) Tenant agrees to remove or relocate the portion of the existing hot water shed on the south side of the building that is currently encroaching onto the adjacent parcel. However, Tenant shall only be responsible for the physical demolition and construction of said relocation or removal. In the event any plans, permits, engineering, site plan review, site improvements, or any other amount payable requirements that may arise in relation to this item become required by the Lessee City of Fresno or any other regulatory entity, Owner shall be responsible for the costs of those items. 6) Provided the Tenant is not in terms of this Lease not be paid on due date or should default under the Lessee commit or suffer or permit the commission of a breach of any of the other terms of this Lease, whether or not such other breach goes Tenant shall have an option to extend the root term of this Lease, lease for two (2) additional five (5) year periods under the same terms and fail to make such payment or remedy such other breach within 7 (seven) days after receipt of a notice in writing calling upon it to do so, or should the Lessee or any guarantor of the Lessee be placed in liquidation, whether provisional or final and whether voluntary or compulsory, or under judicial management, whether provisional or final, or should the Lessee or any guarantor of the Lessee effect a general compromise with its creditors or any other arrangement with its creditors necessitated by or attributable to the Lessee or any guarantor of the Lessee suffer a default judgement to be entered against it and fail within 7 (seven) days after such judgement comes to its knowledge to satisfy or take steps to rescind or appeal the same, or should the Lessee die during the currency hereof, the Lessor shall be entitled but not obliged, notwithstanding any previous waiver or anything to the contrary herein contained, either:- 20.1.1 forthwith and without notice to cancel this Lease and to resume possession of the Leased Premises, without prejudice to its claim for arrears of rent and other amounts owing hereunder or for damages which it may have suffered by reason of the Lessee’s breach of contract or of the said cancellation; or 20.1.2 to vary this Lease by making it thereafter terminable on one month’s written notice given by the Lessor; or 20.1.3 to re-enter the Leased Premises and remove all persons and/or property from the Leased Premises. Any property so removed shall be stored at the cost and at the risk of the Lessee. The Lessee hereby irrevocably constitutes the Lessor as its agent for effecting the sale of any such goods and for effecting any of the aforegoing purposes. 20.2 If the Lessor cancels this Lease and the Lessee disputes the Lessor’s right to cancel and remains in occupation of the Leased Premises, the Lessee shall, pending settlement of such dispute, either by negotiation or litigation, continue to pay (without prejudice to its rights) an amount equivalent to the monthly rent together with all the other charges provided for conditions set forth in this Leaselease, monthly and in advance on except the first day of each month and the Lessor shall be entitled to accept and recover such payments, and such payments and the acceptance thereof shall be without prejudice to and shall not in any way whatsoever affect the Lessor’s claim of cancellation then in dispute. If the dispute is resolved in favour of the Lessor, the payments made and received in terms hereof shall be deemed to be amounts paid by the Lessee on account of damages suffered by the Lessor by reason of the cancellation base rent under Section 2.01 of this Lease and/or shall be adjusted to the unlawful holding over by then market rent for comparable space in the Lesseemarket area. 7) This Lease shall be subject to and contingent upon Tenant receiving approval for a Liquor License at this location. Tenant shall have 60 days to remove this contingency. OWNER TENANT COX-WALKER/FRESNO NEW RIDERS LIMITED BY: /s/ Richard D. Walker XX: /x/ X.E.O. Date: 2/27/95 Date: 2/23/95 November 17, 1997 Thomas Boehm, Esq. FACSIMILE ONLY Frampton, Hoppe, Williams & Boehm 2444 Main Xxxxxx, Suixx 000 Xxxxxx, XX 00000 Xx: Xxxxxxxxx Xxmited/Easyriders Cafe, 5155 North Blackstone Our File No. 12128.001 Dear Tom: This letter shalx xonfirm that Hal H. Bolen II, as attornex xxx Xxx Xxxxxs Limited, tenant, and Thomas Boehm, is attorney fxx Xxx-Xxxxxr/Fresno, owner, exxx xxxxxxledge their respective client's agreement that there are typographical errors with respect to the address of the leased property in the opening paragraph and Section 1.01 of the Restaurant Lease entered into between New Riders Limited and Cox-Walker/Fresno executed xx Xxxxxxxy 23, 1995. The correct address of the leased property should be down as "5155 North Blackstone, Fresno, CX 00000." Xxxxxx xxxxxxx xxxs letter where indicated below and fax the signed copy to me as soon as possible. If you have any questions regarding the enclosed, please give me a call. Very truly yours,

Breach of Lease. 20.1 Should If default shall be made in the rental or payment of any other amount payable by the Lessee in terms of this Lease not sum to be paid on due date by Tenant under this Lease, and such default shall continue for ten days, or should default shall be made in the Lessee commit or suffer or permit the commission of a breach performance of any of the other covenants or conditions which Tenant is required to observe and to perform, and such default shall continue for twenty days, or if the interest of Tenant under this Lease shall be levied upon under execution or other legal process, or any petition shall be filed by or against Tenant to declare Tenant a bankrupt, for the reorganization or rehabilitation of Tenant or to delay, reduce or modify Tenant's debts or obligations, or if any petition shall be filed or other action taken to reorganize or modify Tenant's capital structure which said reorganized or modified capital structure results in the net worth of Tenant decreasing by 25 percent (25%) or more from the date of this Lease if Tenant be a corporation or other entity, or if Tenant be declared insolvent according to law, or if any assignment of Tenant's property shall be made for the benefit of creditors, or if a receiver or trustee is appointed for Tenant or Tenant's property, or if Tenant shall abandon the Premises during the terms of this Lease, whether or not such other breach goes to the root of this Lease, and fail to make such payment or remedy such other breach within 7 (seven) days after receipt of a notice in writing calling upon it to do so, or should the Lessee Lease or any guarantor renewals or extensions thereof, then Landlord may treat the occurrence of any one or more of the Lessee be placed in liquidation, whether provisional or final and whether voluntary or compulsory, or under judicial management, whether provisional or final, or should the Lessee or any guarantor of the Lessee effect foregoing events as a general compromise with its creditors or any other arrangement with its creditors necessitated by or attributable to the Lessee or any guarantor of the Lessee suffer a default judgement to be entered against it and fail within 7 (seven) days after such judgement comes to its knowledge to satisfy or take steps to rescind or appeal the same, or should the Lessee die during the currency hereof, the Lessor shall be entitled but not obliged, notwithstanding any previous waiver or anything to the contrary herein contained, either:- 20.1.1 forthwith and without notice to cancel this Lease and to resume possession of the Leased Premises, without prejudice to its claim for arrears of rent and other amounts owing hereunder or for damages which it may have suffered by reason of the Lessee’s breach of contract or of the said cancellation; or 20.1.2 to vary this Lease by making it thereafter terminable on one month’s written notice given by the Lessor; or 20.1.3 to re-enter the Leased Premises and remove all persons and/or property from the Leased Premises. Any property so removed shall be stored at the cost and at the risk of the Lessee. The Lessee hereby irrevocably constitutes the Lessor as its agent for effecting the sale of any such goods and for effecting any of the aforegoing purposes. 20.2 If the Lessor cancels this Lease and the Lessee disputes the Lessor’s right to cancel and remains in occupation of the Leased Premises, the Lessee shall, pending settlement of such dispute, either by negotiation or litigation, continue to pay (without prejudice to its rights) an amount equivalent to the monthly rent together with all the other charges provided for in this Lease, monthly and in advance on the first day of each month and the Lessor shall be entitled to accept and recover such payments, and such payments and the acceptance thereof shall be without prejudice to and shall not in any way whatsoever affect the Lessor’s claim of cancellation then in dispute. If the dispute is resolved in favour of the Lessor, the payments made and received in terms hereof shall be deemed to be amounts paid by the Lessee on account of damages suffered by the Lessor by reason of the cancellation of this Lease and/or (provided that no such levy, execution, legal process or petition filed against Tenant shall constitute a breach of this Lease if Tenant shall vigorously contest the unlawful holding over same by appropriate proceedings and shall remove or vacate the Lesseesame within twenty days from the date of its creation, service or filing).

Breach of Lease. 20.1 Should the rental 23.1 An event of material breach will occur if: (1) The Lessee fails to pay any Rental or any other amount payable owing by it to the Lessee Lessor in terms of this Lease not be paid on the due date and payment is not made within seven days of receipt of written notice requiring it to pay the amount due; or (2) The Lessee commits two or should the Lessee commit or suffer or permit the commission of a breach more breaches of any of the other terms provisions of this Lease, Lease (regardless of whether or not such the same provision is breached) within a period of 12 months; or (3) The Lessee commits any other breach goes to the root of any provision of this Lease, Lease and fail fails to make such payment or remedy such other that breach within 7 (seven) a period of 12 days after receipt of a written notice in writing calling upon requiring it to do so, ; or (4) The Lessee effects or should the Lessee attempts to effect a compromise or any guarantor composition with its creditors; or (5) Any property of the Lessee be placed is attached which may affect the statutory Lessor's Hypothec; (6) The Lessee defaults or threatens to default in liquidation, whether provisional or final and whether voluntary or compulsorypayment of its liabilities generally, or under judicial managementceases or threatens to cease to carry on business; (7) The Lessee is liquidated or sequestrated (whether provisionally or finally) or Business Rescue proceedings are commenced for it as contemplated in the Companies Act No. 71 of 2008; 23.2 If an event of default (as provided for in clause 23.1) occurs, whether provisional or finalthe non-defaulting party will be entitled, or should the Lessee or any guarantor of the Lessee effect a general compromise with its creditors or without prejudice to any other arrangement with its creditors necessitated by rights that it may have, under this Lease or attributable in law, to the Lessee or any guarantor of the Lessee suffer a default judgement to be entered against it and fail within 7 either: (seven1) days after such judgement comes to its knowledge to satisfy or take steps to rescind or appeal the same, or should the Lessee die during the currency hereof, the Lessor shall be entitled but not obliged, notwithstanding any previous waiver or anything to the contrary herein contained, either:- 20.1.1 forthwith and without notice to cancel this Lease and to resume possession of claim the Leased Premises, without prejudice to its claim for arrears of rent arrear Rental and all other amounts owing hereunder or for damages which it may have suffered by reason of the Lessee’s breach of contract or of the said cancellationcharges and/or damages; or 20.1.2 to vary this Lease by making it thereafter terminable on one month’s written notice given by the Lessor; or 20.1.3 to re-enter the Leased Premises and remove (2) claim specific performance of all persons and/or property from the Leased Premises. Any property so removed shall be stored at the cost and at the risk of the Lessee. The Lessee hereby irrevocably constitutes the Lessor as its agent for effecting the sale of any such goods and for effecting any of the aforegoing purposesdefaulting party's obligations. 20.2 23.3 If the Lessor cancels this Lease and the Lessee disputes the Lessor’s right to cancel and remains in occupation of the Leased PremisesPremises whilst a dispute is pending between the parties, including a dispute as to the Lessor's right to cancel this Lease, then: (1) the Lessee shall, pending settlement of such dispute, either by negotiation or litigation, will continue to pay (pay, without prejudice to its rights) an amount equivalent , all amounts due to the monthly rent together with all the other charges provided for Lessor in terms of this Lease, monthly and in advance Lease on the first day of each month and due dates; (2) the Lessor shall will be entitled to recover and accept and recover such those payments, and such payments and ; and (3) the acceptance thereof shall by the Lessor of those payments will be without prejudice to and shall will not in any way whatsoever manner affect the Lessor’s 's claim of cancellation then in dispute. If to any remedy under this Lease. (4) Should the dispute is resolved between the Lessor and the Lessee be determined in favour of the Lessor, the payments made and received in terms hereof shall be deemed to be any amounts paid by the Lessee will be regarded as amounts paid on account of any amount due by the Lessee including damages suffered sustained by the Lessor by reason as a result of the cancellation of this Lease and/or the unlawful holding over by the LesseeLessee of the Leased Premises.

Breach of Lease. 20.1 Should the rental or any other amount payable by the Lessee in terms of this Lease not be paid on due date or should the Lessee commit or suffer or permit the commission of a breach of any of the other terms of this Lease, whether or not such other breach goes to the root of this Lease, and fail to make such payment or remedy such other breach within 7 (seven) days after receipt of a notice in writing calling upon it to do so, or should the Lessee or any guarantor of the Lessee be placed in liquidation, whether provisional or final and whether voluntary or compulsory, or under judicial management, whether provisional or final, or should the Lessee or any guarantor of the Lessee effect a general compromise with its creditors or any other arrangement with its creditors necessitated by or attributable to the Lessee or any guarantor of the Lessee suffer a default judgement to be entered against it and fail within 7 (seven) days after such judgement comes to its knowledge to satisfy or take steps to rescind or appeal the same, or should the Lessee die during the currency hereof, the Lessor shall be entitled but not obliged, notwithstanding any previous waiver or anything to the contrary herein contained, either:- 20.1.1 forthwith and without notice to cancel this Lease and to resume possession of the Leased Premises, without prejudice to its claim for arrears of rent and other amounts owing hereunder or for damages which it may have suffered by reason of the Lessee’s breach of contract or of the said cancellation; or 20.1.2 to vary this Lease by making it thereafter terminable on one month’s written notice given by the Lessor; or 20.1.3 to re-enter the Leased Premises and remove all persons and/or property from the Leased Premises. Any property so removed shall be stored at the cost and at the risk of the Lessee. The Lessee hereby irrevocably constitutes the Lessor as its agent for effecting the sale of any such goods and for effecting any of the aforegoing purposes. 20.2 If the Lessor cancels this Lease and the Lessee disputes the Lessor’s right to cancel and remains in occupation of the Leased Premises, the Lessee shall, pending settlement of such dispute, either by negotiation or litigation, continue to pay (without prejudice to its rights) an amount equivalent to the monthly rent together with all the other charges provided for in this Lease, monthly and in advance on the first day of each month and the Lessor shall be entitled to accept and recover such payments, and such payments and the acceptance thereof shall be without prejudice to and shall not in any way whatsoever affect the Lessor’s claim of cancellation then in dispute. If the dispute is resolved in favour of the Lessor, the payments made and received in terms hereof shall be deemed to be amounts paid by the Lessee on account of damages suffered by the Lessor by reason of the cancellation of this Lease and/or the unlawful holding over by the Lessee.in

Breach of Lease. 20.1 Should the rental or Lessee fail to pay any other amount payable due by the Lessee in terms of this Lease not be paid agreement on or before the due date or should the Lessee commit or suffer or permit the commission of a any other breach of any of the other terms term or condition of this Lease, agreement whether or not such other breach goes to the root of this Lease, agreement or not; and should the provisions of section 14 of the CPA apply to this agreement and should the Lessee fail to make such payment remedy said breach within 20 (twenty) business days after the giving of written notice to that effect to it by the Lessor; or should the provisions of section 14 of the CPA not apply to this agreement and should the Lessee fail to remedy such other said breach within 7 (seven) calendar days after receipt the giving of a written notice in writing calling upon to that effect to it to do so, by the Lessor; or should the Lessee or any guarantor provisions of section 14 of the CPA not apply to this agreement and should the Lessee be placed breach any term or condition of this agreement whether such breach goes to the roof of this agreement or not, on more than 2 (two) occasions in liquidation, whether provisional or final and whether voluntary or compulsory, or under judicial management, whether provisional or final, any one period of 12 (twelve) months; or should the Lessee Lessee: convene a meeting of its shareholders to consider a resolution to place it in voluntary liquidation or business rescue; or pass any guarantor such resolution; or fail to keep the Franchise in respect of the Lessee effect a general compromise with its creditors business conducted from the premises, or any other arrangement with its creditors necessitated by be interdicted (permanent or attributable to temporary) from conducting business under the Lessee or any guarantor name and style of the Lessee suffer franchise; or remove or allow the removal of any item which is the object of and falls under the Lessor’s hypothec; or allow a default judgement judgment to be entered against it and fail within 7 which remains unsatisfied for a period of more than 21 (seventwenty one) days after such judgement comes thereafter; or shall there be any order (provisional or final) for the winding up/sequestration of the Lessee or to place it under business rescue made; or the Lessee if it is a private Company, transfer or allocates any of its knowledge to satisfy or take steps to rescind or appeal the sameshares, or should if it is a Close Corporation, change its members interest therein, or if it is a partnership divide and/or reconstitute without prior written consent of the Lessee die during the currency hereof, Lessor; then and in any such events the Lessor shall be entitled entitled, but not obliged, notwithstanding any previous waiver or anything to the contrary herein in this agreement contained, either:- 20.1.1 forthwith and without notice to cancel this Lease agreement forthwith without further notice and to resume claim back possession of the Leased Premisespremises, without prejudice to its claim claim, for arrears of rent any arrear rental and Operating Costs and any other amounts owing sums payable hereunder or and/or for any damages which it may have suffered suffer by reason of such breach and/or cancellation, and/or to any other remedy which it may have against the Lessee’s breach Lessee arising out of contract this agreement or by virtue of the said cancellation; or 20.1.2 to vary this Lease by making it thereafter terminable on one month’s written notice given by the Lessor; or 20.1.3 to re-enter the Leased Premises and remove all persons and/or property from the Leased Premises. Any property so removed shall be stored at the cost and at the risk provisions of the LesseeCommon Law. The Lessee hereby irrevocably constitutes Should – the Lessor as its agent for effecting the sale of any such goods and for effecting any of the aforegoing purposes. 20.2 If the Lessor cancels cancel this Lease Lease, and the Lessee disputes dispute the Lessor’s 's right to cancel do so and remains remain in occupation of the Leased PremisesPremises pending the determination of the dispute, then the Lessee shall, pending settlement of such dispute, either by negotiation or litigation, shall continue to pay (without prejudice to its rights) an amount equivalent all amounts due to the monthly rent together with Lessor and perform all the its other charges provided for obligations in terms of this Lease, monthly and in advance Lease on the first day due dates of each month and the same; the Lessor shall be entitled to recover and accept and recover such payments, and such those payments and without prejudice to its rights in terms of this clause in the event of a breach referred to occurring whilst the Lessee so holds over; the acceptance thereof by the Lessor of those payments shall be without prejudice to and shall not in any way manner whatsoever affect the Lessor’s 's claim to cancellation of cancellation then in disputethis Lease or of any other nature whatsoever. If Should the dispute is resolved between the Lessor and the Lessee be determined in favour of the Lessor, then the payments made and received in terms hereof to the Lessor shall be deemed to be regarded as amounts paid by the Lessee on account of the loss and/or damages suffered sustained by the Lessor by reason as a result of the cancellation of this Lease and/or the unlawful holding over of the Lessee of the Leased Premises. In the event of the Lessor instructing its Attorneys to take measures for the enforcement of any of the Lessor's rights under this Lease, the Lessee shall pay to the Lessor such collection charges and other legal costs, on an Attorney and Own Client basis, as shall be lawfully charged by such Attorneys to the Lessor, on demand made therefore by the LesseeLessor.

Breach of Lease. 20.1 Should (A) This paragraph applies where, in relation to the rental Bedford Property, any of the following occurs on or any other amount payable by after the Lessee in date of this Agreement but before legal completion: (i) a notice alleging a breach of the terms of this the Lease not be paid on due date or should (a “Default Notice”), whether in the Lessee commit or suffer or permit the commission form of a breach schedule of dilapidations or a notice under section 146 of the Law of Property Xxx 0000, is served; (ii) proceedings are commenced in respect of the breach, or alleged breach, of any of the other terms tenant’s covenants in the Lease including, without limitation, proceedings for forfeiture of this the Lease, whether for damages or not such other breach goes for an injunction; (iii) the landlord forfeits, or purports to forfeit, the Lease by peaceable re-entry. (B) The Vendor shall forthwith send a copy of the Default Notice or the proceedings to the root of this Lease, and fail to make such payment relevant Designated Purchaser or remedy such other breach within 7 (seven) days after receipt of a notice in writing calling upon it to do so, or should shall inform the Lessee or any guarantor relevant Designated Purchaser forthwith of the Lessee be placed peaceable re-entry. (C) The Vendor shall act in liquidation, whether provisional or final and whether voluntary or compulsory, or under judicial management, whether provisional or final, or should accordance with the Lessee or any guarantor of the Lessee effect a general compromise with its creditors or any other arrangement with its creditors necessitated by or attributable relevant Designated Purchaser’s instructions in relation to the Lessee or any guarantor of the Lessee suffer a default judgement to be entered against it and fail within 7 (seven) days after such judgement comes to its knowledge to satisfy or take steps to rescind or appeal the same, or should the Lessee die during the currency hereofDefault Notice, the Lessor shall be entitled but not obliged, notwithstanding any previous waiver proceedings or anything to the contrary herein contained, either:- 20.1.1 forthwith and without notice to cancel this Lease and to resume possession of the Leased Premises, without prejudice to its claim for arrears of rent and other amounts owing hereunder or for damages which it may have suffered by reason of the Lessee’s breach of contract or of the said cancellation; or 20.1.2 to vary this Lease by making it thereafter terminable on one month’s written notice given by the Lessor; or 20.1.3 to peaceable re-enter entry, but the Leased Premises and remove all persons and/or property from the Leased Premises. Any property so removed relevant Designated Purchaser shall be stored at the cost and at the risk of the Lessee. The Lessee hereby irrevocably constitutes the Lessor as its agent for effecting the sale of any such goods and for effecting any of the aforegoing purposes. 20.2 If the Lessor cancels this Lease and the Lessee disputes the Lessor’s right to cancel and remains in occupation of the Leased Premises, the Lessee shall, pending settlement of such dispute, either by negotiation or litigation, continue to pay (without prejudice to its rights) an amount equivalent to the monthly rent together with all the other charges provided for in this Lease, monthly and in advance on the first day of each month and the Lessor shall not be entitled to accept and recover such payments, and such payments and give the acceptance thereof shall be without prejudice to and shall not Vendor instructions which result in any way whatsoever affect the Lessor’s claim of cancellation then Vendor being materially prejudiced in dispute. If the dispute is resolved in favour respect of the LessorDefault Notice, the payments made proceedings or the peaceable re-entry. In particular, but without limitation, the Vendor shall: (i) take reasonable steps to remedy the breach complained of, if it is capable of remedy and received in terms hereof shall be deemed to be amounts paid by the Lessee on account of damages suffered by the Lessor by reason where lawfully required in, or as a result of the cancellation Default Notice, make compensation in money for the breach; (ii) contest the Default Notice if there are reasonable grounds for contesting it; (iii) where applicable, give a counter-notice claiming the benefit of this Lease and/or the unlawful holding over by Leasehold Property (Repairs) Xxx 0000; and (iv) contest the Lesseeproceedings and use all reasonable endeavours to obtain relief and against forfeiture.

Breach of Lease. 20.1 Should the 25.1 An event of material breach will occur if: (1) The Tenant/Lessee fails to pay any rental or any other amount payable owing by it to the Lessee Landlord/Lessor in terms of this Lease not be paid on the due date and payment is not made within seven days of receipt of written notice requiring it to pay the amount due; or (2) The Tenant/Lessee commits two or should the Lessee commit or suffer or permit the commission of a breach more breaches of any of the other terms provisions of this Lease, Lease (regardless of whether or not such the same provision is breached) within a period of 12 months; or (3) The Tenant/Lessee commits any other breach goes to the root of any provision of this Lease, Lease and fail fails to make such payment or remedy such other that breach within 7 (seven) a period of 12 days after receipt of a written notice in writing calling upon requiring it to do so; or (4) The Tenant/Lessee effects or attempts to effect a compromise or composition with its creditors; or (5) Any property of the Tenant/Lessee is attached which may affect the statutory Landlord's Hypothec; (6) The Tenant/Lessee defaults or threatens to default in payment of its liabilities generally, or should ceases or threatens to cease to carry on business; (7) The Tenant/Lessee is liquidated or sequestrated (whether provisionally or finally) or Business Rescue proceedings are commenced for it as contemplated in the Lessee or any guarantor Companies Act, No. 71 of 2008; 25.2 If an event of default (as provided for in clause 25.1) occurs, the Lessee non-defaulting party will be placed in liquidationentitled, whether provisional or final and whether voluntary or compulsory, or under judicial management, whether provisional or final, or should the Lessee or any guarantor of the Lessee effect a general compromise with its creditors or without prejudice to any other arrangement with its creditors necessitated by rights that it may have, under this Lease or attributable in law, to the Lessee or any guarantor of the Lessee suffer a default judgement to be entered against it and fail within 7 either: (seven1) days after such judgement comes to its knowledge to satisfy or take steps to rescind or appeal the same, or should the Lessee die during the currency hereof, the Lessor shall be entitled but not obliged, notwithstanding any previous waiver or anything to the contrary herein contained, either:- 20.1.1 forthwith and without notice to cancel this Lease and to resume possession of claim the Leased Premises, without prejudice to its claim for arrears of rent arrear Rental and all other amounts owing hereunder or for damages which it may have suffered by reason of the Lessee’s breach of contract or of the said cancellationcharges and/or damages; or 20.1.2 to vary this Lease by making it thereafter terminable on one month’s written notice given by the Lessor; or 20.1.3 to re-enter the Leased Premises and remove (2) claim specific performance of all persons and/or property from the Leased Premises. Any property so removed shall be stored at the cost and at the risk of the Lessee. The Lessee hereby irrevocably constitutes the Lessor as its agent for effecting the sale of any such goods and for effecting any of the aforegoing purposesdefaulting party's obligations. 20.2 25.3 If the Lessor cancels this Lease and the Tenant/Lessee disputes the Lessor’s right to cancel and remains in occupation of the Leased PremisesPremises whilst a dispute is pending between the parties, including a dispute as to the Landlord/Lessor's right to cancel this Lease, then: (1) the Tenant/Lessee shall, pending settlement of such dispute, either by negotiation or litigation, will continue to pay (pay, without prejudice to its rights) an amount equivalent , all amounts due to the monthly rent together with all Landlord/Lessor in terms of this Lease on due dates; (2) the other charges provided for in this Lease, monthly and in advance on the first day of each month and the Landlord/Lessor shall will be entitled to recover and accept and recover such those payments, and such payments and ; and (3) the acceptance thereof shall by the Landlord/Lessor of those payments will be without prejudice to and shall will not in any way whatsoever manner affect the Landlord/Lessor’s 's claim of cancellation then in dispute. If to any remedy under this Lease. (4) Should the dispute is resolved between the Landlord/Lessor and the Tenant/Lessee be determined in favour of the Landlord/Lessor, the payments made and received in terms hereof shall be deemed to be any amounts paid by the Tenant/Lessee will be regarded as amounts paid on account of damages suffered any amount due by the Tenant/Lessee including damages sustained by the Landlord/Lessor by reason as a result of the cancellation of this Lease and/or the unlawful holding over by the LesseeTenant/Lessee of the Leased Premises.